For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. Person(s) 18 years or older authorized by an owner to act in the owner's behalf.
ANIMAL. Any living, nonhuman vertebrate or invertebrate creature, domestic, wild or exotic.
ANIMAL CONTROL OFFICER (ACO). A person authorized to carry out the provisions in this chapter.
ANIMAL CONTROL WARDEN. An employee of the city appointed by the Mayor, and to whom the Mayor shall delegate and assign duties arising out of or connected with the enforcement of § 91.12.
ANIMAL SHELTER. Any facility operated by a humane society, municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state.
AT LARGE. Off the premises or property of the owner, and not under the control of the owner or a member of the owner's immediate family who is not less than 18 years of age, either by leash, cord, or chain; or by confinement inside a travel crate or carrying case; or by confinement inside a conveyance for travel, such as an automobile, other motor vehicle, or train.
ATTACK. Aggressive physical contact initiated by the animal.
AUCTIONS. Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
BITE. To seize, tear, wound or cut with teeth, resulting in a break in the skin.
BUSINESS DAY. Any day other than weekends and holidays recognized by the city.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel.
CRIME PREVENTION ANIMAL. An animal trained and used primarily for the protection of persons or property, or both.
CUSTODIAN. Any person who owns or keeps, harbors, feeds, or has the charge or control of an animal.
DANGEROUS ANIMAL. Any animal that presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian. Such determination is to be made from past acts of aggressive behavior justifying the determination that it is a dangerous animal. A dog's breed shall not be considered in determining whether or not it is “dangerous.” This definition excludes K-9 corps dogs in use by the military or government law enforcement agencies.
DEPUTIZED OFFICIAL. Any persons appointed or otherwise deputized by the Mayor, and to whom the Mayor shall delegate and assign duties arising out of or in any way connected with the enforcement of § 91.12.
DESIGNEE. A person selected, appointed or nominated for a particular purpose or duty.
DOG. Any canine, both male and female.
DOMESTIC ANIMALS. Those animals reproducing in captivity for a long period of time, or those animals who have reproduced while in captivity in the United States for at least 200 generations. A particular animal shall not be regarded as domestic unless both parents are DOMESTIC ANIMALS.
ESCAPE-PROOF ENCLOSURE. A facility, secured by latch, bolt or lock, that is a contained enclosure by wire (minimum of 11 gauge) kennel, six-sided, of which one can be concrete or brick floor, from which an animal cannot escape without opening a lock, bolt, and the like.
EXOTIC ANIMAL. Any animal as described below.
(1) Any mammal not native to the continental United States.
(2) Any mammal not generally accustomed to live in or near the habitation of man.
(3) Any mammal not a member of the class defined above as domestic animals.
(4) Poisonous reptiles, caymans, horned toads, and reptiles which reach a length of six feet or longer at maturity.
(5) Any nonhuman primates.
(6) Those animals listed on the endangered species list, as now or hereafter designated by the United States Secretary of the Interior, and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1973, as amended (Public Law 205, 93rd Congress).
(7) All animals protected from hunting and capture by state and federal law.
(8) All predatory birds.
GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
HUMANE OFFICER. Any person designated by the state, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.
K-9 DOG. A professionally trained dog used by public safety officers for law enforcement or investigative purposes and activities.
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.
LEASH. A cord, chain, rope, strap or other such physical restraint.
MICROCHIP. A computer chip, implanted underneath the skin of an animal (in the universal position between the scapulas), that contains information relating to that animal.
MICROCHIP READER. An electronic device that detects any implanted microchip.
MUZZLE. A device constructed of a strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.
NUISANCE ACT. Any act of discharging feces, urine, or other excrement, or any act resulting in injury or damage to a person or property that is not the person or property of the owner.
OWNER. Any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be HARBORED if it is fed or sheltered for three consecutive days or more.
PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act, or event other than circuses, in which performing animals are used.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, or boards any species of animal.
PRIMARY ENCLOSURE: A structure:
(1) Suitable to prevent the entry of young children (under 12 years of age) and to prevent the animal from escaping;
(2) With secure sides and a secure top, or just secure sides of sufficient height to prevent the dog from escaping over the sides;
(3) Whose sides are so constructed at the bottom as to prevent the animal's escape by digging under the sides;
(4) That provides appropriate protection from the elements for the dog; and
(5) That includes a workable, tumbler-type lock.
PUBLIC NUISANCE. Any animal or animals that:
(1) Molests passers-by or passing vehicles.
(2) Attacks other animals.
(3) Trespasses on school grounds.
(4) Is repeatedly at large.
(5) Damages private or public property.
(6) Barks, whines, or howls in an excessive, continuous, or untimely fashion.
RESTRAINT.
(1) Any animal secured 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 its owner; or
(2) Under control by being adequately secured, without means of escape, in a pen, fenced enclosure, corral, cage, house, vehicle, or other secure enclosure.
RIDING SCHOOL or STABLE. Any place that has available for hire, boarding or riding instruction, any horse, pony, donkey, mule, or burro.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of a bodily member or organ.
SERVICE ANIMAL. Any animal that is trained to assist a disabled person.
SHELTER. A facility used to provide humane care and shelter for stray or owner-relinquished animals.
SHELTER SUPERINTENDENT OR DESIGNEE. The Shelter Manager of the Lawrence County Humane Society.
STATE. The State of Indiana.
STRAY. Any animal that is not within the real property limits of its owner and is not under restraint or is unattended.
VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the State of Indiana.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
WILD ANIMAL. Any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal normally found in the wild state.
WITHOUT REASONABLE PROVOCATION. The exhibition of aggressive behavior without immediate direction to do so by its master, contrary to the direction of its master, while not defending its master, while not defending its master's home on the master's premises, or while not acting as a properly licensed crime prevention animal.
ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation, or government agency.
(Ord. 4-1973, passed 2-12-73; Am. Ord. 24-1973, passed 12-11-73; Am. Ord. 42-1984, passed 11- 13-84; Am. Ord. 20-2007, passed 12-11-07; Am. Ord. 4-2011, passed 4-12-11)