For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL OFFICER. Any person designated by the city as an officer who is qualified to perform the duties required by this subchapter or state statutes regarding animals.
ANIMAL SHELTER. Any premises designated by the City Council for the purpose of impounding and caring for dogs held under authority of this subchapter.
DANGEROUS DOG.
(1) Any dog which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by unprovoked assault or bite so as to cause serious bodily harm;
(2) Any dog which, when provoked, in a vicious or terrorizing manner approaches any person in an attitude of aggression upon the streets, sidewalks, or any public grounds or places;
(3) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or otherwise endanger, the safety of human beings or domestic animals;
(4) Any dog which bites (to the extent of puncturing or severely bruising skin), inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property;
(5) Any dog which has been formally trained as an attack or guard dog, or in any other form has been trained by word command, situation response, and the like, to attack a human being or domestic animal;
(6) Any dog which has behaved in such a manner that the owner therefore knows or should reasonably know that the dog possesses a tendency to attack or bite human beings other than the type which would be justified under division (10) below;
(7) Any dog certified by a licensed or certified police K-9 utility, Schutshund, or aggression dog trainer (if not certified or licensed the evaluator must be recognized by peer trainers as someone who is competent to make behavioral judgments pertaining to aggressive behavior in dogs), after observation thereof, as posing a danger to human life or property if not kept in a manner required by this subchapter upon the basis or behavioral probability;
(8) Any dog which has previously attacked any human being; or
(9) Any dog not licensed according to the law.
(10) Exceptions. Any animal shall not be deemed dangerous solely because it bites, attacks, or menaces:
(a) Anyone assaulting its owner;
(b) Any person or animal who has tormented or abused it;
(c) While it is otherwise acting in defense of any attack from person or other animal upon its owner or any other person;
(d) While defending its young or the young of another animal; or
(e) While defending its property from a person which the animal believes has entered its property with obvious malicious intent.
(11) Exemptions. Any dogs which are employed by a police department in the State of Indiana or any dog which has been certified either nationally or by the state for use in police work, provided the dog is owned and in the possession of a police officer or in the hands of the person who initially trained the dog and for whom the certification was meant.
ENCLOSURE. A covered fence or structure of sufficient height to allow the dog to stand erect without touching the top of the cover; forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous dog. This structure shall be constructed in such a way as to prevent escape of a dangerous dog by digging, climbing, or going through, and shall be kept in a condition which will prevent the same. The ENCLOSURE shall be securely locked with combination or key lock which has been designed to prevent accidental or malicious opening of the enclosure entrance/exit.
IMPOUNDED. Taken into custody of the animal shelter.
KENNEL. Any person, partnership, or corporation maintaining an establishment where dogs of any species are kept for the purpose of breeding, buying, selling, showing, or boarding of the animals, or engaged in the training of the animals for guard or sentry purposes, and which establishment is so constructed that the animals cannot stray therefrom.
LEASH or LEAD. A device for restraining a dog, as defined herein (RESTRAINT, DANGEROUS DOG).
OWNER. When applied to the proprietorship of a dog, means any person, partnership, or corporation owning, keeping, or harboring one or more dogs. A dog shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
PERSON. An individual, partnership, company, or corporation.
POLICE OFFICER or LAW ENFORCEMENT OFFICER. Any person, employed by the city, whose duty it is to preserve peace or to make arrests or to enforce the law.
RESTRAINT. A dog shall be deemed to be under restraint if its owner or the person in charge of it does not cause or allow it to run at large upon any public place or upon any private property, other than that of the owner. However, working dogs, such as lead dogs, guard dogs, farm dogs, hunting dogs, and other similar dogs that are trained, need not be leashed when under the reasonable control of their owner.
RESTRAINT, DANGEROUS DOG. A dangerous dog shall be deemed under restraint if on the premises of the owner and confined in a secure enclosure as previously defined, or if accompanied by the owner and securely muzzled with a leather, nylon, or manilla lead or leash having a minimum tensile strength of 300 pounds or greater, if this strength is necessary to restrain the dangerous dog, and not to exceed a length of three feet.
(Ord. 2012-09, passed 11-26-2012)