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For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ANIMAL. Any live non-human vertebrate creature, domestic, wild or exotic.
AT LARGE. Any animal, licensed or unlicensed, found off the premises of its owner and not under the control of a competent person, restrained within a motor vehicle, housed in a veterinary hospital or kennel, or on a leash or “at heel” beside a competent person and obedient to that person's command.
DOMESTIC ANIMAL. All domestic animals as defined in I.C. 15-17-2-26, and includes, but is not limited to members of the following species: dog; cat; cattle; horse; donkey; pig; sheep; goat; rabbit; mouse; guinea pig; chinchilla; hamster; gerbil; mink; and cow or ox.
EXOTIC ANIMAL. Any animal whose normative native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and non-poisonous snakes and reptiles.
FARM ANIMAL.
Animals raised and bred healthy and humanely for meat, milk, or similar food products, or for wool, fur, or similar textiles, or the estrogen or similar chemical or pharmaceutical products. Farm animals are primarily pastured. Farm animals do not include outdoor pets, household pets, or exotic animals. Examples of farm animals include cows, horses, sheep pigs, chickens, turkeys, and goats.
OWNER.
Any person, firm, association or corporation owning, keeping, sheltering or harboring an animal.
PET, HOUSEHOLD.
Domestic pets maintained healthy and humanely within the confines of the dwelling unit. Household pets includes hobby breeding of domestic animals as long as the frequency of breeding is limited to one litter per year per household. Household pets do not include outdoor pets, farm animals, pygmy goats, or potbelly pigs. Examples of household pets include dogs, cats, mice, rabbits, snakes, hamsters, ferrets, and birds.
PET, OUTDOOR.
Domestic pets maintained healthy and humanely within the confines of the lot. Outdoor pets include hobby breeding of domestic animals as long as the frequency of breeding is limited to one litter per year per household. Outdoor pets do not include farm animals, rabbits, mice, snakes, hamsters, ferrets, or birds. Examples of outdoor pets include: dogs and cats.
WILD ANIMAL.
Any animal that is not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.
(Ord. 99-12, passed 9-9-99; Am. Ord. 2013-14, passed 6-27-13)
It is illegal and unlawful for any person, partnership, corporation or association to keep or maintain within the Town any exotic or wild animals or farm animals not expressly permitted by the Zoning Ordinance.
(Ord. 99-12, passed 9-9-99; Am. Ord. 2013-14, passed 6-27-13) Penalty, see § 90.99
It is illegal and unlawful for any person, partnership, corporation or association to keep any of the following on any premises in the Town in numbers consisting of more than a combined total of eight indoor and/or outdoor pets, and limited further to a maximum of four dogs and a maximum of four cats, six months of age or older, kept for the purposes of personal enjoyment as pets, all of which have been sterilized (spayed or neutered) or more than a combined total of three dogs and/or cats, six months of age or older, kept for the purposes of personal enjoyment as pets, that have not been sterilized.
(Ord. 99-12, passed 9-9-99; Am. Ord. 2013-14, passed 6-27-13) Penalty, see § 90.99
No owner of any animal, licensed or unlicensed, shall permit the animal to be at large.
(Ord. 99-12, passed 9-9-99) Penalty, see § 90.99
(A) It shall be unlawful for an owner of an animal to allow or permit the animal to pass upon the premises of another, thereby causing damage to or interference with the use or occupancy of the premises.
(B) It shall be unlawful for an owner of an animal to allow or permit the animal to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles.
(Ord. 99-12, passed 9-9-99) Penalty, see § 90.99
(A) Impoundment. Any animal, licensed or unlicensed, which is found at large may be seized and impounded. Impounded animals may be recovered by the owner, upon proper identification and payment of the following fees: license fee, if applicable; impounding fee; boarding costs; and costs of vaccination, if applicable.
(B) Court proceedings. The owner of any animal that is found at large may be served with a summons to appear before a proper court to answer charges made thereunder.
(Ord. 99-12, passed 9-9-99) Penalty, see § 90.99
(A) Removal required. It is unlawful for any person or persons to bury any dead animal within the corporate limits of the Town, but the owner or owners of the animal or animals must, within ten (10) hours after he or she or they have been notified of the death of the animal or animals, remove them from the corporate limits.
(`92 Code, § 6-35)
(B) Town removal. In case there is no proof of the ownership of the dead animal(s), it shall be the duty of the Chief of Police, in a reasonable time, to remove them or cause them to be removed at the expense of the Town.
(`92 Code, § 6-37)
(C) Payment of costs. Any person or persons having any animal die or get killed within the corporate limits of the Town shall move the animals outside of the corporate limits and securely bury them within ten (10) hours thereafter, and if the owners of any animal or animals fails or refuses to move the animals, the Chief of Police shall properly dispose of the animals out of the corporate limits and bury them, and forthwith file a complaint against the owner or owners in the name of the corporation, charging the owner(s) with the costs of moving and burying the animals, and present the complaint to final judgment.
(`92 Code, § 6-38)
(Ord. 25, 1874, passed 6-21-1874; Am. Ord. 92-25, passed 8-27-92)