For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABSOLUTE PHYSICAL CONTROL. A leash or lead, firmly held by a person, confinement in a cage of sufficiently small mesh to prevent the animal from reaching through to bite or scratch people or confinement within a motor vehicle with windows closed or opened only to the extent necessary to provide ventilation but not enough to permit the escape of the animal.
   ANIMAL. Any animal other than man, and includes birds, fish, mammals and reptiles, wild or domestic. The term is generally limited to vertebrate animals and does not refer to nor do the provisions of this chapter apply to invertebrate creatures such as worms, insects, arthropods, crustaceans, mollusks and the like, unless expressly so provided.
   ANIMAL CONTROL COMMISSION. The Fulton County Animal Control Commission organized for the purpose of representing a viable animal control and rescue program in Fulton County.
   ANIMAL CONTROL OFFICER. A Deputy Marshal of the town appointed by the Marshal for the town for the purpose of enforcing the animal control ordinances of the town.
   ANIMAL SHELTER. The Fulton County Humane Society Animal Shelter located at R.R. #3, Monticello Road, Rochester, Indiana, for the purpose of impounding and/or caring for animals held under the authority of this chapter or state law.
   DANGEROUS ANIMAL. Any wild animal which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature or propensity if it escaped from secure quarters would cause injury. DANGEROUS ANIMALS also include any domestic animal which because of its size or propensity or other characteristic would constitute a danger to human life or property if it escaped from secure quarters.
   DOMESTIC (OR DOMESTICATED) ANIMAL. Any species or variety of animal ordinarily kept as pets or livestock, but includes such animals as guard dogs, seeing-eye dogs, hunting dogs or animals used for breeding purposes which may be kept for more utilitarian reasons.
   FOWL. A bird which is usually kept as livestock, such as but not limited to domestic varieties of chickens, ducks, turkeys, geese, guinea fowl and similar poultry. The term does not include wild bird species or varieties, nor birds which are usually and ordinarily kept as pets, such as canaries, parakeets, parrots and the like.
   HUMANE OFFICER. Any person or persons designated by the Fulton County Humane Society as a law enforcement officer who is qualified to perform such duties under the authority of this chapter and the state.
   HUMANE SOCIETY. The Fulton County Humane Society, Inc.
   KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
   LIVESTOCK. Any species or variety of domesticated animal which is usually and ordinarily kept and raised on a farm or similar facility for purposes of animal husbandry, dairy farming, wool production and the like and similar agricultural-related purposes including as draft animals or beasts of burden and applies generically to all such animals irrespective of the actual purpose for which any particular animal is kept. The term specifically includes, but is not necessarily limited to cattle, horses, ponies, mules, donkeys, swine, sheep, goats, fowl and most varieties of domesticated rabbits.
   OWNER. Any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be owned if kept or harbored, fed or sheltered for three consecutive days or more.
   PET. Any animal kept for pleasure rather than utility.
   PUBLIC NUISANCE. Any animal or animals which:
      (1)   Molest passers by or passing vehicles;
      (2)   Attacks other animals;
      (3)   Trespasses on school grounds;
      (4)   Is repeatedly at large;
      (5)   Damages public or private property; or
      (6)   Barks, whines or howls in an excessive, continuous or untimely fashion.
   RESTRAINT. A leash, lead or barrier used to control or confine an animal.
   RESTRAINT OF AN ANIMAL. To secure an animal by a leash or lead or under the control of a responsible person and obedient to that person's commands or within the real property limits of the owner.
   VARMINTS/PESTS. Any wild animals which because of their propensity to damage property, injure humans, livestock or domestic animals, carry disease, destroy crops, damage the environment or otherwise having a noxious character are deemed to be subject to special control and destruction and which are not members of protected species under the game and wildlife laws of the state or the United States. Specifically, as used herein, the term means and applies to:
      (1)   The following species, (including all wild varieties unless otherwise indicated):
         (a)   Rats;
         (b)   Mice;
         (c)   Moles;
         (d)   Copperhead snakes; and
         (e)   Rattlesnakes; and
      (2)   Any other species generally described above and which because of special circumstances have by proclamation or resolution o£ the Town Council, County Board of Health, State Board of Health, Indiana Natural Resources Commission or similar state or federal authorities having jurisdiction are declared to be pests or varmints and subject to special eradication programs.
   WILD ANIMAL. An animal of any species or variety which predominately exists and propagates in a state of nature, without usual or substantial human care or culture, and is not ordinarily kept as a pet or livestock, irrespective of the fact that a particular such animal may have been born in captivity or tamed.
(`86 Code, § 3-5-1) (Ord. passed 7-17-84; Am. Ord. 86-C5, passed 7-15-86)