The proposed animal control ordinance was presented to the Brazil City Council at Wednesday's meeting for the first reading.
Ordinance No. 10-2012 adds to and amends the existing animal codes.
The ordinance defines a(n):
* Altered animal as one that has been operated on to prevent it from procreating,
* Animal as any live, vertebrate creature, domestic or wild, which include dogs and/or cats, or any other animal commonly kept as a pet (Ordinance No. 5-1988, passed April 12, 1988),
* Boarding kennel as any facility where dogs not legally belonging to the operator are kept for any period of time and for purposes other than breeding,
* Cattery as any person or group of persons, partnership or corporation engaged in keeping more than one unaltered cat over the age of six months or more than six cats total,
* Kennel as any person or group of persons, partnership or corporation engaged in keeping more than one unaltered dog over the of six months or more than four dogs, or the business of breeding, buying, letting for hire, training for a fee or selling dogs,
* Owner as any person, partnership or corporation who registers with the city and keeps an animal. Ownership will be reflected in the name tag as adorned by each animal, and
* Pet as any animal kept for pleasure and not denied by state law or ordinance of the city.
Section 93.130 of the proposed ordinance would require dogs and cats to be registered with the city and applications for registration will be available at the Mayor's Office or any place the mayor designates.
The proposed ordinance states the applications would have to be renewed annually at a registration fee of $5 per altered animal and $50 per unaltered animal.
Penalties laid out by the proposed ordinance for anyone who violates Section 93.130 would be subject to a civil penalty of $50 for the first offense, $100 for the second offense and $500 for all subsequent offenses thereafter.
In Section 93.131 the proposed ordinance would revise a code laid out in a 1988 ordinance regarding failure to provide a name tag.
The proposed ordinance states, "No owner or person having custody of any dog or cat shall allow a dog or cat to be on the streets of Brazil, Ind., or any public places, unless the dog or cat is wearing a name tag, which shall clearly identify the name of the owner of the dog or cat and the address of the owner."
The section sets forth a civil penalty of $50 for the first offense, $100 for the second offense and $500 for all subsequent offenses thereafter.
Section 93.03 of the proposed ordinance deals with apprehension, impoundment, violation notices and fees.
The section states unrestrained dogs and nuisance animals shall be taken by police or the animal control officer (when one is appointed) and impounded in an animal shelter or other facility and kept for a period of three days.
If the animal can be identified -- by tag or other means -- the owner of the animal will be notified.
The ordinance also states in addition to impounding an animal found at large, the animal control officer or police may issue to the known owner of the animal a notice of the violation, which will impose on the owner a penalty of $50 for the first offense, $100 for the second offense and $500 for all subsequent offenses thereafter, which must be paid to the clerk-treasurer within 48 hours.
Because ordinances are public record, citizens with questions regarding the proposed ordinance can contact Brazil City Hall for copies.