The following definitions, rules, and regulations are hereby adopted and made a part of the Town Code:
ANIMAL. A nonhuman organism, both domesticated and wild.
ANIMAL CONTROL OFFICER. Any person authorized to implement and enforce the town's animal care and control ordinances, including this chapter, and/or applicable state statutes and administrative regulations.
ANIMAL RUNNING AT LARGE. Any animal not under direct control or confined within the property limits of its owner.
DIRECT CONTROL. Immediate and continuous physical control of an animal by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. When an animal is effectively trained to immediately respond to oral or visual commands, the term DIRECT CONTROL includes oral or visual control if the controlling person is at all times within 100 feet of and can be clearly and fully seen and heard by the animal.
DOMESTIC ANIMAL. A dog, cat or other animal, such as (by way of example and not limitation) a bird (parrot, canary, macaw, cockatoo, parakeet), rabbit, guinea pig, hamster, ferret, mouse, snake (non-venomous), lizard or spider, that is customarily kept as a pet. Livestock, as that term is defined herein, chickens and ducks, are not considered domestic animals.
EXOTIC ANIMAL. Any animal that is not a domestic animal, as that term is defined herein, including, specifically, livestock.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an Animal Control Officer or other officer empowered to act by law, and transporting it to an animal control facility or humane society.
LIVESTOCK. Includes horses, cows, goats, chickens, ducks, other poultry, pigs (of all types and breeds), sheep and other typical farm animals, excluding dogs and cats, kept for pleasure or profit.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or knowingly permits an animal to be harbored or kept, or has an animal in his or her care, or who permits an animal to remain on or about his or her premises; provided, however, this shall not include a person hired or acting as custodian of an animal for its owner.
POLICE DEPARTMENT. The Town of Brooklyn Police Department.
POLICE OFFICER. Any law enforcement officer empowered to make arrests or to cause to be issued summonses in the incorporated areas of the town.
PUBLIC NUISANCE ANIMAL. Any animal that:
(1) Is repeatedly found at large.
(2) Damages the property of anyone other than its owner's.
(3) Is vicious.
(4) Attacks without provocation.
(5) Excessively makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
(6) Creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings and, thereby, creates unreasonable disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept.
(7) Is kept in violation of any other town ordinance.
TOWN. The incorporated area of the Town of Brooklyn, Indiana.
VICIOUS ANIMAL or DANGEROUS ANIMAL. Any animal that attacks, bites or injures human beings, animals or livestock, or that, because of its temperament, conditioning or training, has a known propensity to attack, bite or injure human beings, animals or livestock. No dog may be declared dangerous because of conduct directed at or in response to a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog, or had, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. This definition shall not be construed to include dogs that are part of a governmental organization or a trained guard dog in the performance of its duties.
WILD ANIMAL. One that lives in the wild or is not domesticated. This chapter is not intended to regulate wild and/or exotic animals. Regulation of wild and/or exotic animals is governed through the state under 312 IAC, Article 9, Fish and Wildlife.
(Ord. 2019-3, passed 12-10-2019)