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CHAPTER 90: ANIMALS
Section
General Provisions
   90.01   Definitions
   90.02   Cruelty to animals
   90.03   Abandoning domestic animals prohibited
   90.04   Destruction of abandoned and suffering animal
   90.05   Running at large
   90.06   Property owner may impound
   90.07   Police to take possession
   90.08   Impounding
   90.09   Disposition if owner not found
   90.10   Officer may impound
   90.11   Disposition of unredeemed animals
   90.12   Disposition of large animals
   90.13   Restrictions on number of animals or fowl
   90.14   Administrative officer to make necessary agreement
   90.14A   Care and treatment of animals
Dogs
   90.15   License and registration required
   90.16   Tag and collar
   90.17   Running at large
   90.18   Rabies protection
   90.19   Noise disturbance
   90.20   Duty of peace officer to impound
   90.21   Notice to owner; redemption
   90.22   Disposition of unclaimed or infected dogs
   90.23   Confinement of certain dogs
   90.24   Muzzling
   90.25   Abandonment
 
   90.99   Penalty
 
Cross-reference:
   Kiwanis Dog Park, see § 99.36
GENERAL PROVISIONS
§ 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 forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or his or her agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.
   “ANIMAL.” Any and all types of animals both domesticated and wild, male and female, singular and plural. (‘82 Code, § 5-100)
   “AT LARGE.” Off the premises of the owner, and not under the control of the owner or a member of his immediate family either by leash, cord, chain, or otherwise. (‘82 Code, § 5-100)
   “DOG.” Both male and female. (‘82 Code, § 5-100)
   “DOMESTIC ANIMAL.” An animal that is not wild. The term is limited to:
      (1)   Cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, emus or other bird;
      (2)   An animal of the bovine, equine, ovine, caprine, porcine, canine, feline, avian, camelid, cervidae, or bison species; or
      (3)   An aquatic animal that may be the subject of aquaculture (as defined in IC 15-11-7-1).
(IC 15-17-2-26)
   “FOWL.” Any and all fowl, domesticated and wild, male and female, singular and plural. (‘82 Code, § 5-100)
   “OWNER.” Any person, firm, association, or corporation owning, keeping, or harboring a dog. (‘82 Code, § 5-100)
§ 90.02 CRUELTY TO ANIMALS.
   (A)   A person is guilty of cruelty to animals when except as authorized by law he is intentionally or wantonly:
      (1)   Subjects any animal to or causes cruel or injurious mistreatment through abandonment, causing it to fight for pleasure or profit, mutilation, beating, torturing, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means; or
      (2)   Subjects any animal in his custody to cruel neglect; or
      (3)   Kills any animal.
   (B)   Nothing in this section shall apply to the killing of animals:
      (1)   Pursuant to a license to hunt, fish, or trap;
      (2)   Incident to the processing as food or for other commercial purposes;
      (3)   For humane purposes;
      (4)   For any other purpose authorized by law.
Penalty, see § 90.99
Statutory reference:
   Coloring birds or rabbits, see IC 15-17-18-11
§ 90.03 ABANDONING DOMESTIC ANIMALS PROHIBITED.
   No owner of a domestic animal shall abandon the animal.
Penalty, see § 90.99
Cross-reference:
   Abandonment of dogs, see § 90.25
§ 90.04 DESTRUCTION OF ABANDONED AND SUFFERING ANIMAL.
   Any peace officer may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose.
§ 90.05 RUNNING AT LARGE.
   No person owning or having in his or her custody animals or fowl, shall permit same to go at large to the injury or annoyance of others, nor shall such animals or fowl be permitted at large upon the streets or other public ways of the town. Such action is declared to be a nuisance and dangerous to the public health and safety. A violation of this section shall constitute a Class C infraction.
(‘82 Code, § 5-200) Penalty, see § 90.99
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