For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON or ABANDONMENT. Consists of leaving an animal for a period in excess of 24 hours, without the animal's owner or the owners' designated caretaker providing all provisions of necessity as defined in this chapter and checking on the animal's condition.
AGENT OF THE TOWN OF CLARKSVILLE. An employee, or representative that has been identified by the Town Manager as an active agent for the Town of Clarksville.
AGRICULTURAL USE. A tract of at least five contiguous acres for the production of agricultural or horticultural crops.
ALTERED ANIMAL. Any animal that has been spayed or neutered.
ANIMAL. Any non-human living creature, domestic or wild, excluding fish, insects, and eggs.
ANIMAL CONTROL OFFICER (ACO). Persons designated by the Town of Clarksville and/or the Public Works Department as the primary enforcement officers of ordinances and state and federal laws pertaining to, and regulating animals and owners of animals, and for the enforcement of cruelty to animals.
ANIMAL DEALER. Any person engaging in the business of buying and/or selling any animal or animals, including fish, for the purpose of resale to pet shops, research facilities, another animal dealer or to another person, including the sale of any animal from any roadside stand, booth, flea market or other temporary site. ANIMAL DEALERS are also subject to the provisions of this chapter.
ANIMAL SHELTER. Any premises designated by the Town of Clarksville or the Public Works Department for the purpose of impounding and caring for animals held under authority of this chapter.
ANIMAL WELFARE GROUP. Any organization existing for the purpose of the prevention of cruelty to animals and providing shelter for abandoned and lost animals and are incorporated under the laws of the State of Indiana.
APPROVED RABIES VACCINE. Any vaccine for protecting an animal from contracting rabies approved as effective by the State of Indiana Health Department and by the National Association of State Public Health Veterinarians, Inc. (NASPHV) in the most current version of the annual Compendium of Animal Rabies Prevention and Control.
ASSISTANCE DOG. A dog accompanying and providing support for a person who is deemed to be disabled under federal, state, or local law. For purposes of this chapter, the term ASSISTANCE DOG shall include a service dog recognized or defined under federal or state law. Any animal kept as a therapy and or companionship animal shall not be considered as an assistance dog or service animal.
AT-RISK DOG. An at-risk dog is one which, either when off its owner's premises or off those on which its presence had explicitly been allowed, and unprovoked:
(1) Menaces, chases, displays threatening or aggressive behavior, or otherwise threatens or endangers the safety of any person;
(2) Causes physical injury to any domestic pet or livestock while not under restraint; or
(3) Is found not under restraint, excluding those dogs engaged in hunting activities or training therefor.
ATTACK. An unprovoked assault in an aggressive manner on a human, domestic pet or livestock that causes a scratch, abrasion, bruising, injury, death or fear of being assaulted.
BESTIALITY. Any act of sexual or anal intercourse with or by a domestic animal, any act of oral sodomy to or by a domestic animal, or any act falling within the definition of this term under Indiana law.
BOAH. Board of Animal Health for the State of Indiana.
BOARDING KENNEL OR CATTERY. For purposes of this chapter, any establishment where dogs, cats, puppies, or kittens are kept for the purpose of boarding for any part of a 24-hour period. This includes veterinary hospitals and clinics or grooming shops that advertise boarding services other than for treatment, diagnostic, or recuperative purposes, or for grooming.
BOARDING STABLE INCLUDING RIDING SCHOOL OR STABLE. Any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys or burros for the purpose of housing, feeding, riding, training, driving or riding lessons, for a fee and/or which advertises these services by the use of a sign, billboard or by placing an advertisement in newspapers, on bulletin boards or in any other publication excluding licensed pari-mutuel facilities.
CAC. Clarksville Animal Control.
CACO. Clarksville Animal Control Officer.
CAS. Clarksville Animal Shelter.
CARETAKER. Any person or organization who participates in TNR and/or who regularly provides care to a community cat.
CAT. Any feline four months of age or older.
CHICKEN. An individual animal maintained for the production of eggs, specifically not including roosters, which are the male of the species and crowing poultry. A domestic bird typically kept on a farm. This definition does not include other foul, such as, but not limited to, peacocks, turkeys or waterfowl. Roosters and or crowing poultry are prohibited.
COMMUNITY CAT. Any cat or kitten that has no apparent owner or identification and is free- roaming.
CRUELTY. Failing to provide adequate food and water; failing to detect the need for or withholding veterinary care; creating or allowing unhealthful living conditions, infliction of suffering, injury, or death to an animal by striking, beating, dropping, kicking, dragging, choking, or by the use of an object or weapon; causing pain, injury, or death by means of caustic, flammable, boiling, or heated substances; causing suffering, injury, or death by suffocation or drowning; failure to provide health-related grooming.
(1) Any dog, including an at-risk dog, which, when unprovoked, commits an attack on any person or inflicts injury or death of any person;
(2) Any dog which maims or kills domestic pets or livestock when not under restraint;
(3) Any dog which is declared by the Director to be a dangerous dog under the procedures set forth in this chapter; or
(4) Any dog owned or harbored primarily for the purpose of fighting or harming other animals, excluding any dog used for hunting or training for hunting purposes.
DIRECTOR. The Director of Clarksville Public Works Department.
DOG. Any domestic canine four months of age or older.
DOMESTIC ANIMALS. Any of the following animals: Cattle, calves, horses, mules, swine (including potbellied pigs) , sheep, goats, dogs, cats, poultry or other birds, and any animal of the bovine, equine, ovine, caprine, porcine, canine, feline, or avian species, dog, cat, owned rabbit, owned mouse, owned rat, reptile, guinea pig, chinchilla, hamster, gerbil, ferret.
DWELLING UNIT. Either a single room or two or more connected rooms sold or leased as a unit and intended for occupancy by one or more persons, and which at a minimum contains sleeping, toilet and bathing facilities which are accessed independently from any similar such facilities in the same building. This term includes hotel or motel rooms, extended stay lodging facilities, nursing home rooms and assisted living units.
ENCLOSURE.
ENCLOSURES FOR DOGS AND PUPPIES.
(a) Enclosures for dogs and puppies shall be a fence or structure of sufficient height and construction to prevent the animal from leaving the owner's property. The fence or structure must be in good repair and fit to ground level or a fabricated structure that prevents the animal from digging out. Gates and doors must fit properly and must be locked or secured by a latch that prevents the animal from opening the gate or door; or
(b) Property enclosed by a buried wire which produces a signal received by a device attached to a collar worn by the dog or puppy which prevents the animal from leaving the property of the owner will be considered a proper enclosure, provided the device and signal are working and the animal does not leave the property unrestrained. Such property must be clearly marked with a sign approved by CAC, posted next to the driveway or entry to the property. The enclosure must contain proper shelter from the weather. This type of enclosure is not acceptable for a female in heat, for dangerous dogs, or potentially dangerous dogs.
ENCLOSURES FOR POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS. Enclosures for potentially dangerous dogs and dangerous dogs shall be a covered fence or structure at least six feet in height, installed beneath ground level or in concrete or pavement, or a fabricated structure, to prevent digging under it, and with an asphalt or concrete floor, sufficient in size to allow the
dog to stand, sit, and turn around in a natural position, to defecate away from food and water, and which allows for an adequate exercise area for the size/breed being kept. Either enclosure shall be designed to prevent the entry of children or unauthorized persons and to prevent those persons from extending appendages inside the enclosure. The enclosure must contain proper shelter from the weather. A "DANGEROUS DOG" sign prescribed by CAC must be posted at the entry to the property and on the enclosure. The gate shall be either pad locked, or combination locked at all times.
EXOTIC ANIMALS. A living animal not native to the State of Indiana except the following animals:
(1) Domestic animals like dogs, cats, ferrets, birds under ten pounds in weight, fish under two pounds in weight, non-poisonous or non-venomous turtles, hamster, gerbils, guinea pigs, spiders which are not known to cause fatalities in humans, and snakes under four feet in length which are neither venomous nor constrict.
(2) Commonly kept livestock like: Chickens, ducks, geese, cattle, bison, pigs, equines, llamas, goats, alpacas, sheep, turkey, rabbits, mules, horses and donkeys.
(3) Captive members of the Cervidae family.
FERRET. A weasel-like, usually albino mammal (Mustela putorius furo) related to the polecat and often trained to hunt rats or rabbits.
IMPOUNDED. Taken into custody of CAC.
INJURY. Any impairment of physical condition.
KITTEN. Any feline younger than four months of age.
KENNEL or CATTERY. For purposes of this chapter, a place that does all or some of the following:
(1) A place that maintains quarters for the care of domesticated animals that are present for less than 12 weeks on an average basis. Kennels are more specifically defined as "breeding", "boarding", "home", or "training" kennels.
(2) Breeds more than two domestic animals for reproduction in a 12-month period.
(3) Keeps newborn domestic animals of less than six months old for the purpose of selling or rehoming, whether consideration, monetary or otherwise, is given.
(4) A place that cares for three or more domestic animals at the same time not owned by the property owner or tenant for periods longer than 24 hours for the purposes of returning the domestic animal to its owner or a third party.
(5) A place that keeps and cares for three or more domestic animals at the same time not owned by the property owner or tenant for periods longer than 24 hours for the purposes of training and/or improving the domestic animal to perform basic behavioral functions, perform as a domestic animal at show, such as "dog shows", or training and/or improving the domestic animal to serve as a working animal which is engaged in functions such as search and rescue, providing therapy, explosives detection, drug detection, or other similar uses for working animals.
LEASH or LEAD. A device for restraining a dog, as defined herein (RESTRAINT, DANGEROUS DOG).
LIVESTOCK. Cattle, sheep, swine, goats, horses, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, lagomorph, caprine, or equine species, deer and elk, as well as poultry, ratites, and cervine, that are privately owned and raised in a confined area for breeding stock, food, fiber, and other products.
MICROCHIP. A passive transponder which can be implanted in an animal and which is a component of a radio frequency identification (RFID) system. There are various systems used for microchipping of animals and not all are compatible with shelter scanners.
NEGLECT. To fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.
NUISANCE. Any act of an animal or its owner that irritates, perturbs or damages rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. By way of examples and not of limitation, the commissions on the following acts or actions by an animal or by its owner or possessor shall hereby being declared a nuisance:
(1) Allowing or permitting an animal to habitually bark, whine, howl, mew, crow or cackle in an excessive or continual fashion or make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises.
(2) Allowing or permitting an animal to damage the property of any person other than its owner or caretaker, including but not limited to getting into or turning garbage containers or damaging gardens, flowers, plants or other real or personal property or leaving fecal material on the property of another person.
(3) Allowing or permitting an animal to molest, chase, snap at, attack or attempt to attack passers-by, vehicles, domestic pets or livestock.
(4) Allowing or permitting an animal to habitually or continually roam or be found on property of other than its owners or caretakers, trespassing school grounds, parks or the property of any person.
(5) Allowing or permitting an animal to be housed or restrained at a distance that poses a threat to the general safety, health and welfare of the general public.
(6) Allowing or permitting an animal to be maintained in an unsanitary condition.
(7) Allowing or permitting an animal to habitually charge in an aggressive manner a fence separating from another property when the usual residents are taking pleasure in such property without provoking such animal.
OWNED CAT. Any cat that is a companion to a person is regularly fed and sheltered in that same person's habitation for any three given days.
OWNER. Any person owning or keeping animals in the Town of Clarksville.
PERSON. An individual, partnership, association, company, firm, business or corporation.
PET BIRDS. Any tamed or domesticated bird kept caged or within doors.
PET SHOP. Any person engaged in the business of breeding, buying, selling at retail or as a broker of animals, including fish, of any species for profit-making purposes, except farming operations that breed, buy, or sell at retail pursuant to and in conjunction with their agricultural use shall not be considered pet shops for purposes of this chapter.
POLICE OFFICER OR LAW ENFORCEMENT OFFICER. Any person, employed by the town, whose duty it is to preserve peace or to make arrests or to enforce the law.
POTENTIALLY DANGEROUS DOG. Except as exempted in § 91.131(B), a potentially dangerous dog is:
(1) Any dog, including an at-risk dog, as defined herein, which, when unprovoked, in an aggressive manner bites, scratches, or bruises any person.
(2) Any unrestrained dog which, when unprovoked, bites, injures, or kills another domestic pet or livestock while that animal is restrained in compliance with this chapter.
(3) Any dog which is declared by the Director to be a potentially dangerous dog under the procedures set forth in this chapter.
POULTRY. Chickens, ducks, turkeys, or other domestic fowl.
PUPPY. Any domestic canine younger than four months of age.
QUARANTINE. Humane confinement of an animal in a building in a manner which prevents the animal coming into unplanned contact with any other animal or human being.
REASONABLE CARE. The degree of care that an objectively prudent person, under the circumstances, would render to an animal to prevent injury, to care for injury, or to prevent the death of the animal.
REASONABLE CONTROL. When a dog has been trained to respond to its owner or a responsible person voice, sound or hand controls at will.
REASONABLE HOURS. The normal business hours of any establishment or business regulated by this chapter.
REDEMPTION FEES. Redemption fees shall mean any and all costs and fees due under this chapter.
RESTRAINT.
(1) For all domestic animals except puppies and dogs, RESTRAINT shall mean on the premises of the owner or on premises which the animals' presence has been explicitly allowed, or, if off the premises of the owner where permission has not been granted, under restraint by means of a lead or leash or in a cage or carrier and under the control of a responsible person.
(2) For puppies and dogs, RESTRAINT shall mean on the premises of the owner or on premises which the animals' presence has been explicitly allowed, and confined in a secure enclosure, or accompanied by the owner and under his/her direct control. If off the premises of the owner where permission has not been granted, the animal must be restrained by a leash and under the control of a responsible person physically able to control the dog. However, working dogs, such as lead dogs, guard dogs, farm dogs, hunting dogs, and other similar dogs that are trained, need not be leashed when under the reasonable control of their owner.
(3) In addition to the requirements of division (2) under this definition, RESTRAINT for dangerous dogs and potentially dangerous dogs shall mean as follows:
(a) That dangerous dogs and potentially dangerous dogs are at all times securely muzzled when off the premises of the owner or when on the owner premises and is outside of an enclosure for dangerous animals. The muzzle shall be made in such a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or other animal;
(b) That owners of dangerous dogs and potentially dangerous dogs shall not allow the dog to be outside an enclosure for dangerous animals as defined in this chapter unless the dog is confined to a secure cage, leashed, muzzled and is under the control of a person physically able to restrain the dog; and
(c) That a lead or leash for a potentially dangerous or dangerous dog shall not exceed three feet in length and has a minimum tensile strength of 300 lbs.
(4) Other standards and requirements for restraining dogs shall be as set forth in § 91.073
SEVERE ATTACK. An unprovoked attack in an aggressive manner upon a human in which the victim suffered a bite(s) or was shaken violently or suffered deep scratches, or lacerations, and which cause physical trauma or death.
SHELTER. Adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health.
SHELTER, DOG. The minimum shelter necessary to protect a dog shall include:
(1) The residence of a dog's owner.
(2) A doghouse that is an enclosed structure with a roof of appropriate dimensions for the breed and size of the dog and that does not have exposure to extreme temperatures. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below 50 degrees Fahrenheit within the following 24 hours.
(3) A structure, including a garage, barn, or shed that is sufficiently insulated and ventilated to protect a dog from exposure to extreme temperatures.
STATE OF GOOD HEALTH. Freedom from preventable disease and illness and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.
TRAP-NEUTER-RETURN ("TNR"). The method of managing community cats by humanely trapping, altering, vaccinating, ear tipping, returning the community cat to the location where they were trapped where the community cats will be provided with long-term care by a caretaker.
UNALTERED DOG, CAT OR FERRET. Any dog, cat or ferret which has been neither spayed nor neutered.
UNCLEAN. Not clean or pure, dirty or filthy.
UNDER RESTRAINT. When an animal is under the reasonable control of a competent person by use of a leash, appropriate training, or other method demonstrable to sufficiently restrain an animal when the animal is off the owner's premises.
UNWHOLESOME. Detrimental to physical, mental, or moral well-being.
VACCINATIONS. The injection by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with the regulations of the BOAH (Board of Animal Health).
VETERINARIAN. A licensed practitioner of veterinary medicine, accredited by the Indiana Board of Veterinary Medical Examiners.
VETERINARY HOSPITAL OR CLINIC. Any establishment maintained and operated by a licensed veterinarian on the premises for the diagnosis and treatment of diseases and injury to animals and/or for the hospitalization of animals for diagnostic or recuperative purposes.
VICIOUS ANIMAL. Any animal of the order of Carnivora, which without provocation, has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings, domestic animals, or animals maintained for commercial purposes.
VIOLATION NOTICE. Is a notice of violation that may be administered in the place of a citation in accordance to Appendix A.
WILD ANIMAL. Shall include the following:
(1) Any animal that generally is not domesticated, except community cats, and living among humans, nor those defined as domestic animals herein; and
(2) A hybrid of any animal herein classified as a WILD ANIMAL.
ZOOLOGICAL GARDEN. Any park or zoo operated by a person or private corporation but excluding any governmental agency or foundation.
(Ord. 2020-G-3, passed 6-16-20)