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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

  • December 19
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North.
  • December 19
    Christmas sing-along at The Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 19
    Live band at dance barn
    6 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • December 19
    Live hip hop music at dance barn
    7 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • December 20
    Live band at dance barn
    6 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • December 20
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 20
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • December 20
    'Gone Girl' at the Playhouse
    1 p.m., 4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 20
    Railroad museum features model Christmas trains
    1 to 7 p.m. BC RR Museum, 18 W. Three Story Hill Road, Fruitdale
  • December 21
    'Gone Girl' at the Playhouse
    1 p.m., 4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 21
    Railroad museum features model Christmas trains´╗┐
    1 to 7 p.m. BC RR Museum, 18 W. Three Story Hill Road, Fruitdale
  • December 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 24
    Nashville government offices CLOSED
  • December 24
    Christmas Eve Communion service at Becks Grove church
    7 p.m. Becks Grove Christian Church, 8009 Becks Grove Road
  • December 24
    Candlelight service at Helmsburg church Christmas Eve
    7 p.m. Brown County Community Church, 2370 Main St., Helmsburg
  • December 24
    Candlelight service set for Christmas Eve
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • December 24
    Cordry church hosts candlelight service Christmas Eve
    7 p.m. Church of the Lakes, 8844 Nineveh Road
  • December 25
    Government Offices CLOSED
  • December 26
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • December 26
    Brown County Government Offices CLOSED
  • December 27
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • December 27
    Live band at dance barn
    7:30 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • December 29
    Jackson Township Board
    7 p.m. Jackson Township Board, Trustee's Office, 5765 Carmel Ridge Road