§ 90.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON.  To desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. ABANDON does not include having an animal in a place that is temporarily vacated for the protection of human life during a disaster.
   ADEQUATE SHELTER. The following conditions define ADEQUATE SHELTER:
      (1)   When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun.
      (2)   Whenever animals are kept outdoors, they shall be provided with access to shelter to allow them to remain dry during rain or snow.
      (3)   In kennels where animals are housed exclusively outdoors, sufficient clean bedding material or other means of protection from the weather elements shall be provided when the atmospheric temperature falls below 40 degrees Fahrenheit. Each shelter shall be provided with a windbreak at its entrance.
      (4)   A suitable method shall be provided to drain surface water rapidly.
   ANIMAL.  All mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks.
   ANIMAL CONTROL OFFICER.  The person designated by the Chief of Police to conduct animal control within the city.
   BEAT.  To unnecessarily or cruelly strike an animal, or to throw the animal against an object causing the animal to suffer severe pain or injury. BEAT does not include reasonable training or disciplinary techniques.
   BERNE ANIMAL CONTROL.  A division of the Police Department established to regulate animal control in the city which may establish a facility for the purpose of animal control, care and disposition, as set forth in this chapter, operated by and under the direct supervision of the Animal Control Officer.
   BITE.  To be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or pierced and saliva of the biting animal has contacted the resulting break or abrasion of the skin.
   CONTROL OF AN ANIMAL.  This shall mean that the animal is on a leash not more than eight feet in length; is under voice control in the presence of a competent person; is on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer; or upon the premises of another person with the consent of that person, and under voice control.
   DANGEROUS ANIMALS.  An animal that, without provocation, and subject to the following sentence, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or has bitten, or otherwise endangered any person while that animal is off the premises of its owner, keeper or harborer, or some other responsible person, or is on the premises of the aforementioned individual or individuals and is not physically restrained or confined in a manner defined by this chapter. A vicious dog shall also be considered a dangerous animal. DANGEROUS ANIMAL does not include a police dog that is being used to assist law enforcement officers in the performance of their duties.
   EUTHANASIA.  Death brought about by any method which produces rapid loss of consciousness to a painless death.
   EXCESSIVE NOISE.  Any noise which:
      (1)   Lasts for more than five minutes between the hours of 10:00 p.m. and 8:00 a.m.;
      (2)   Lasts for more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
      (3)   Lasts for a shorter duration than stated above, but on more than five occasions within a given ten-day period if attested to by complaints from two or more separate properties. It shall be a defense to such violation if the owner of the animal proves by a preponderance of the evidence that the only reason the animal was making such noise was that the animal was being provoked by a person or was otherwise being incited, or was acting in the performance of its duties.
   GUIDE DOGS.  Dogs trained to assist the handicapped.
   HARBORER.  Any person who provides food and/or shelter for any domesticated animal other than on a periodic or temporary basis.
   MAYOR.  The Mayor of the City of Berne, Indiana.
   MENACING FASHION.  The manner in which an animal that would cause any person being chased or approached to reasonably believe that the animal will cause physical injury to that person.
   MUTILATE.  To wound, injure, maim, or disfigure an animal by irreparably damaging the animal's body parts or to render any part of the animal's body useless. The term includes bodily injury involving:
      (1)   Serious permanent disfigurement;
      (2)   Serious temporary disfigurement;
      (3)   Permanent or protracted loss or impairment of the function of a bodily part or organ; or
      (4)   A fracture.
   NEGLECT.  To:
      (1)   Endanger an animal's health by failing to provide the animal with food or drink, if the animal is dependent upon the person for the provision of food or drink; or
      (2)   Restrain an animal for more than a brief period by the use of a rope, chain, or tether that:
         (a)   Is less than three times the length of the animal;
         (b)   Is too heavy to permit the animal to move freely; or
         (c)   Causes the animal to choke.
   OWNER.  A person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
   PERSON.  An individual, firm, corporation or commercial establishment.
   PET.  Any animal owned or harbored by any person, group of persons, partnership, or corporation, except guide dogs, or police or canine governmental dogs.
   POLICE CHIEF.  The Police Chief of the City of Berne, Indiana.
   PUBLIC NUISANCE. 
      (1)   Any animal which:
         (a)   Runs uncontrolled;
         (b)   Molests or disturbs persons or vehicles by chasing, barking or biting;
         (c)   Attacks other animals;
         (d)   Damages property other than that of the owner or harborer;
         (e)   Barks, whines, howls, meows, cries, or makes other noise excessively;
         (f)   Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer; or
         (g)   Creates noxious or offensive odors.
      (2)   Horses being used for transportation shall be exempt from PUBLIC NUISANCE.
   RABIES VACCINATION.  The injection, by a licensed veterinarian, of a dog, cat, or other animal with a rabies vaccine licensed by the USDA and approved by the Indiana State Board of Animal Health.
   RESTRAINT.  Any animal secured by a leash or lead, or under the physical control of the animal's owner or attending party, or within the real property limits of its owner.
   TORTURE.
      (1)   To inflict extreme physical pain or injury on an animal with the sole intent of increasing or prolonging the animal's pain; or
      (2)   To administer poison to a cat or dog, or expose a cat or dog to a poisonous substance with the intent that the cat or dog ingest the substance and suffer harm, pain, or physical injury.
   WILD ANIMAL.  Any living vertebrate animal normally found in the wild state.
   WITHOUT PROVOCATION.  An animal acts WITHOUT PROVOCATION when it is not teased, tormented, or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. 573, passed 9-10-07)