This subchapter does not apply to livestock as defined in I.C. 15-15-2-47.
The following words, terms, and phrases, when used in this chapter in any tense, plurality, or other, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED. Means placed or left upon public property or upon the private property of another without the express permission of the owner, custodian, or tenant of the property or is unattended or uncared for.
ANIMAL. A member of the animal kingdom, except humans, dead or alive, domestic or not. (I.C. 15-17-2-3)
ANIMAL CARE FACILITY. An animal control center, an animal shelter, a humane society, or another animal impounding facility that has as its purpose the humane care and treatment of animals. (I.C. 6-9-39-1)
ANIMAL CONTROL OFFICER (ACO). A person who is authorized to implement and enforce county animal ordinances and state statutes and as defined in state statutes and is a sworn law enforcement officer, as defined under Indiana law.
ANIMAL FIGHTING CONTEST. Any event or activity facilitated by a person or persons in which animals engage in violent, aggressive, or otherwise harmful conduct with another animal in a form that is not generally associated with the species under normal circumstances.
AT LARGE. Leaving or straying away from the land owned, rented, or leased by the owner or custodian of the animal or not being kept in direct control of an owner or possessor of the animal. AT LARGE does not include the use of a dog under the supervision of a person to hunt, chase or tree predatory animals or game birds, or the use of a dog to control or protect livestock or in other related agricultural activities.
BEAT. An intentional or knowing act of applying unnecessary physical force or contact in a manner which has as its main objective inducing pain, inflicting harm, or causing discomfort in a manner that could not reasonably be described as an appropriate means of discipline.
BITE. A wound inflicted by an animal tooth causing a tear, puncture, abrasion, or other marking on the skin in which blood is visible or the skin is damaged.
CAT. All domestic members of the feline family.
CATTERY. Any place in which three cats or more are kept for the purpose of breeding or boarding for financial compensation.
COLONY. A group of one or more feral cats, whether unmanaged or managed.
CRUELTY. Means and includes any intentional or knowing act or omission whereby unnecessary or unjustifiable pain, suffering, or death is caused, permitted, or allowed to continue where there is reasonable remedy or relief.
CUSTODIAN. A person who is in temporary direct control of an animal as authorized by the owner of the animal, or is a law enforcement officer acting within his/her scope of duties to impound or possess an animal. This may include, but is not limited to, a veterinarian, an animal grooming facility, a law enforcement officer or animal control officer.
DIRECT CONTROL. Under the immediate physical restraint of the owner or custodian of the animal or within the confines of land owned, rented, or leased by the owner or custodian of the animal.
DOG. All domestic members of the canine family.
DOMESTIC. Generally and commonly known to live in or about the habitation of humans.
DOMESTIC ANIMAL. An animal kept as a pet or used for service, protection, comfort, companionship, hobby or similar purpose.
FERAL CAT. Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable, or unable to be approached or handled.
HARBOR. Performing acts of providing care, shelter, protection, restraint, refuge, food or nourishment.
HEALTH DEPARTMENT. The Boone County Health Department.
HUMANE TRAP. A device or procedure to contain or dispose of an unwanted animal, as permitted by law, in a way that provides minimal discomfort or unnecessary pain to the animal.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an animal control officer or other person whom is empowered to act by law and transporting it to an animal care facility or humane society.
KENNEL. Any place in which three dogs or more are kept for the purpose of breeding or boarding for financial compensation.
LAW ENFORCEMENT OFFICER. An appointed officer or employee hired by and on the patrol of the state, or any of the state's political subdivisions, as defined under Indiana law, who is granted lawful authority to enforce all or some of the penal laws of the State of Indiana, and who possesses, with respect to those laws, the power to effect arrests for offenses committed in the officer's or employee's presence.
LIVESTOCK. Cattle, sheep, swine, goats, bison, horses, mules, poultry, or other animals, that are commonly associated with activities associated with farming or food production. (I.C. 15-17-2-47)
MANAGED COLONY. A colony of feral cats that are registered with a humane society or designee and is maintained by a colony caretaker using trap, neuter, and return methodology.
MUTILATE. An intentional or knowing act of applying unnecessary physical force or contact in a manner which has as its main objective creating changes to the physical appearance of the animal in a manner that could not reasonably be described as an appropriate and common modification for the animal species involved. Spaying or neutering or any other procedure that changes an animal does not constitute mutilation if the procedure is done in a certified facility by a person certified to perform the procedure or is a common or accepted practice in the industry specific to the animal.
NEGLECT. An intentional or knowing act or omission whereby an animal is deprived of adequate and reasonable food, water, shelter, exercise, air, or any other resource commonly associated with the health and well-being of the particular animal species involved.
OFFICE. The Boone County Sheriff’s office.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, or has lawful possession of an animal; however, this shall not include a person hired or acting as custodian of the animal.
PERSON. Any individual, group of individuals, firm, association, partnership, or corporation.
QUARANTINE. A place or period of isolation as to prevent cross contamination, infection, or other hazardous events as determined by a law enforcement officer, animal control officer, Health Department, the humane society, or any other agent permitted by law.
SECURE RESTRAINT. A structure or device that maintains physical control of the animal; this can include, but is not limited to, a fence of adequate design and strength, a tethering device which is securely attached to the animal at one end and a fixed object at the other end, or a cage. An "invisible fence," a fence of inadequate design and strength, or other structures or devices that cannot maintain physical control of the animal under normal circumstances are not considered a "secure restraint."
SPAY/NEUTER. An operation done to a female or male animal to prevent the conception of offspring.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner, or has escaped restraint and is running at large.
VICIOUS. Known to bite, attack, or injure human beings, domestic animals, companion animals, or livestock without provocation. No animal may be declared vicious if a threat, injury, or damage was sustained by a human being who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal or was teasing, tormenting, abusing, assaulting, or otherwise provoking the animal, or has, in the past, been observed or reported to have teased, tormented, abused, assaulted, or otherwise provoked the animal involved, or was committing or attempting to commit a crime.
(Ord. 2018-02, passed 6-4-2018)