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BROWN COUNTY ORDINANCE

BROWN COUNTY ORDINANCE
NUMBER 12-07-09-01
An ordinance amending the Animal Control Ordinance
of Brown County to restrict the number of
breeding female dogs age 12 months or older that
may be harbored within the county.
WHEREAS, the State of Indiana has enacted Title
15 Article 21 of the Indiana Code, effective January
1, 2010, regulating commercial dog breeders;
WHEREAS, said Article, specifi cally Ind. Code
Section 15-21-6-1, permits units, including counties,
municipalities and townships, to enforce an ordinance
concerning regulation of commercial dog
breeders that imposes more stringent or detailed
requirements than the requirements under said Article
if the ordinance was adopted before January 1,
2010; and WHEREAS, it is in the best interest of
the Brown County community as a whole, and of
the animals who are kept in Brown County, to impose
more stringent or detailed requirements than
those contained in said Article, to have and enforce
standards for the humane treatment of animals, to
reduce pet overpopulation and its resulting public
burden, and to clarify codes as needed.
BE IT THEREFORE ORDAINED as follows: 1.
For the purposes of this ordinance, the following
defi nitions shall apply: a. “Animal rescue operation”
means a person or organization: (1) that accepts
within one (1) year: (A) more than twelve
(12) dogs; or (B) more than nine (9) dogs and more
than three (3) unweaned litters of puppies; that
are available for adoption for human companionship
as pets or as companion animals in permanent
adoptive homes and that are maintained in a private
residential dwelling; or (2) that uses a system of
private residential dwellings as foster homes for
the dogs. The term does not include a person or
organization that breeds dogs. b. “Commercial
dog breeder” means a person who keeps, harbors
or maintains within Brown, County, Indiana, 20
or more unaltered female dogs that are at least 12
months of age. c. “Hobby breeder” means a person
who maintains fewer than 20 unaltered female
dogs that are at least 12 months of age. d. “Person”
means an individual, corporation, limited liability
company, partnership, or other business entity. e.
“Unaltered” means capable of bearing puppies. f.
“Veterinarian” means an individual licensed as a
veterinarian by the State of Indiana. 2. No person
shall keep, harbor or maintain within Brown County,
Indiana, more than 20 unaltered female dogs
that are at least 12 months or age. 3. Any person
keeping, harboring or maintaining within Brown
County, Indiana, 20 unaltered female dogs that are
at least 12 months or age shall comply with all applicable
requirements of Title 15 Article 21 of the
Indiana Code and with all applicable requirements
contained in the Ordinances of Brown County,
Indiana, including but not limited to the Animal
Control Ordinance and all planning and zoning ordinances.
4. This ordinance shall not apply to the
following: a. The Brown County Animal Shelter.
b. The Brown County Humane Society. c. Animal
rescue operations. d. Hobby breeders. e. Veterinarians
and veterinary hospitals for boarding incident
to treatment or hospitalization. 5. Notwithstanding
their exemption from the application of Title 15
Article 21 of the Indiana Code, this ordinance shall
apply to the following: a. A person who breeds at
least 75% of the person’s dogs as sport dogs for
hunting purposes. b. A person who breeds at least
75% of the person’s dogs as service dogs or as dogs
for use by the police or armed forces. 6. This ordinance
may be enforced by a Brown County Animal
Control Offi cer or any Law Enforcement Offi cer,
who may issue to any person violating any provision
of this ordinance a notice of ordinance violation.
If the person has not paid the fi ne and all associated
expenses of the violation within two weeks
of receiving such notice, the Animal Control Offi -
cer or Law Enforcement Offi cer may refer the violation
to the Brown County Prosecutor for further
action, which may include prosecution of the violation
in court. 7. Violation of any of the provisions
of this ordinance shall constitute a Class A violation
as defi ned in the Animal Control Ordinance of
Brown County, Indiana, which may be enforced by
imposition of a civil penalty or fi ne of $500.00 for
each violation. 8. Violation of any provisions of
this ordinance is hereby declared a public nuisance,
and the County may maintain an action in court to
abate said nuisance. 9. In addition, a person who
violates this ordinance may be subject to any other
penalties, judgments and liabilities authorized by
an ordinance of Brown County, Indiana, a statute
of the State of Indiana, or both. 10. A person who
violates this ordinance shall be responsible for
payment of all costs and expenses associated with
its enforcement, including but not limited to court
costs, any expenses of investigation, attorney fees,
any expenses incurred in the seizure, impoundment
and care of any animal, and the cost of any veterinary
or medical treatment. 11. All fi nes, fees,
costs and penalties collected pursuant to this chapter
shall be deposited into the Animal Management
Fund. 12. Proper venue for the enforcement of this
ordinance shall be in a court of competent jurisdiction
in Brown County, Indiana. 13. The provisions
of this ordinance shall be construed using the laws
of the State of Indiana. 14. The provisions of this
ordinance are intended to be supplemental to the
laws of the State of Indiana, and to the extent that
they may confl ict with said laws, the laws of the
State of Indiana shall control. 15. To the extent that
the provisions of this ordinance confl ict with any
previous ordinance enacted for the care and control
of animals in Brown County, Indiana, the provisions
of this ordinance shall control. 16. Should
any provision of this ordinance be found by a court
to be invalid, the remainder of the ordinance shall
remain in full force and effect. 17. This ordinance
shall be effective upon its passage and publication
as required by law.
SO ORDAINED this 7th day of December, 2009.
BOARD OF COMMISSIONERS
OF BROWN COUNTY, INDIANA
J.W. Austin, President
Darrell Kent, Vice President
Mary Fouch, Commissioner
ATTEST: Mari H. Miller,
Brown County Auditor
December 16, 23, 2009 09-352

  • April 26
    County history center dedication slated
    2 p.m. Brown County History Center, 90 E. Gould
  • April 26
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 26
    'McFarland, USA' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 26
    Morel Festival gospel service at music park
    10 a.m. Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • April 26
    Southern gospel quartet at Gnaw Bone church
    9 a.m. Country Gospel Music Church, 5181 State Road 46 East
  • April 26
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • April 27
    BC Alcoholic Beverage Board
    11 a.m. County Office Building, 201 N. Locust Lane
  • April 28
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 28
    BC Convention & Visitors Bureau
    8:30 a.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • April 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 28
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • April 29
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 29
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • April 29
    Lake Lemon Conservancy District Board
    6 p.m. Benton Township Senior Center, 7606 State Road 45, Unionville
  • April 29
    BC Sheriff's Merit Board
    4 p.m. Sheriff's Office, Law Enforcement Center, 55 State Road 46 East
  • April 30
    Go Club at the library
    4 to 6 p.m. Brown County Public Library, 205 N. Locust Lane
  • April 30
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 30
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 1
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 1
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 6 p.m. Brown County 4-H fairgrounds
  • May 1
    'Back to the Future' at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 2
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • May 2
    Morel Mushroom sale & festival at state park Nature Center
    10 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • May 2
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 3 p.m. Brown County 4-H fairgrounds
  • May 2
    Spring Blossom Festival dance planned
    6 to 10 p.m. The Seasons Lodge, 560 State Road 46 East
  • May 2
    Spring Blossom Parade and food drive downtown
    11 a.m. downtown Nashville
  • May 3
    Read to a dog at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • May 3
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • May 3
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 3
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 1:30 p.m. Brown County 4-H fairgrounds
  • May 5
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 5
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • May 6
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 7
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 7
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 7
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 8
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 9
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • May 9
    Open house conducted at New Song
    9 to 11 a.m. New Song Mission, 7202 Keith Donaldson Road, Freetown
  • May 11
    BC Election Board
    2 p.m. County Office Building, 201 N. Locust Lane
  • May 13
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 14
    Local Coordinating Council
    8 a.m. Comm. Corrections Office, Suite B, lower level of Veterans Hall, 902 Deer Run Lane,
  • May 16
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • May 16
    Rock & mineral club
    6 p.m. Extension Office, 802 Memorial Drive at the fairgrounds
  • May 16
    Historic site hosts outdoor art contest
    7 a.m. to 4 p.m. TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • June 20
    Pollinator Awareness Day at state park Nature Center
    9 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)