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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

  • September 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • September 23
    Ornithologist's field bag at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 23
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 23
    New 12-step meetings open in Van Buren area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 24
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • September 24
    CSCD Board of Directors
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • September 24
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 24
    BC Parks & Rec. Board
    5:15 p.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • September 24
    Taste of fall at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 24
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 25
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • September 25
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Brown County/ Purdue Extension Board
    7 p.m. 802 Memorial Drive at the fairgrounds
  • September 25
    Thursday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 26
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 26
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • September 26
    Comedy country music revue at the Playhouse
    7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 26
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 26
    Friday at BCSP
    2 p.m., 7 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 27
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 27
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 27
    Fall family farm day at theraputic horse farm
    10 a.m. to 3 p.m. Hope for Hearts Farm Inc, 1005 W. State Road 45
  • September 27
    Women’s Retreat Day
    8:30 a.m. to 3 p.m. Salvation Army, 168 S. Jefferson St.
  • September 27
    Saturday at BCSP Nature Center
    9 a.m., 10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Parks and recreation plans ladies tea
    10 a.m. Sweetea's Tea Shop, 225 S. Van Buren St. in Coachlight Square
  • September 27
    Betty Begonia sale slated for September
    9 a.m. to 4 p.m. Artist's Retreat Cottage, 1641 Oak Grove Road
  • September 28
    Pinecone craft at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 28
    Therapy dogs to listen to readers
    2 to 3:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 29
    Monday at BCSP
    10 a.m., 8 p.m. Brown County State Park, 1810 State Road 46 East
  • September 30
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 30
    Nashville Development Review Commission
    6 p.m. Town Hall, 200 Commercial St.
  • September 30
    Fall flowers at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • October 1
    Local Emergency Planning Committee
    9 a.m. Ambulance Base, 53 State Road 46 East
  • October 1
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 1
    Brown County Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 1
    BC SWCD
    6:30 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • October 2
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • October 2
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 2
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 3
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 4
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 4
    Chili supper, music and mystery auction at Hickory Ridge
    5 p.m. Hickory Ridge Center, 2314 Hickory Ridge Lane
  • October 5
    Herb barn hosts antique market
    10 a.m. to 4 p.m. Flower & Herb Barn, 5171 Bean Blossom Road, Nineveh
  • October 5
    Elkinsville community reunion near Browning Mountain
    11 a.m. Bill Miller's farm, Elkinsville
  • October 7
    Magic club
    5 p.m., 6:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 8
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 9
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • October 9
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 10
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 11
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 11
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • October 11
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 11
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • October 14
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 15
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 25
    BCSP Halloween activities
    5 to 6 p.m., 8 to 10 p.m. Brown County State Park, 1810 State Road 46 East
  • November 8
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • November 8
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road