For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The voluntary relinquishment of possession of an animal by the owner without vesting possession of the animal in any other person. The failure to make adequate provision for food, water, and shelter shall be prima facie evidence of abandonment. Returning community cats to their original location after sterilization, vaccination against rabies, and ear tip does not constitute abandonment.
ADULT DOG and ADULT CAT. Any dog or cat that is four months of age or older for the purposes of rabies vaccinations and licensing.
AGENT. Any person 18 years of age or older authorized by an owner to act on the owner's behalf.
ANIMAL CONTROL OFFICER. Any individual employed, contracted or appointed by the Dearborn County Board of Commissioners and/or Dearborn County Animal Control for the purpose of aiding in the enforcement of this chapter relating to the licensing of animals, control of animals or seizure and impoundment of animals.
ANIMAL SHELTER. Any facility operated by Dearborn County or contracted to third parties to operate on behalf of Dearborn County for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia. In Dearborn County, the animal shelter is P.A.W.S of Dearborn County Humane Center located at 200 Charles A. Liddle Drive, Lawrenceburg, Indiana 47025.
AT LARGE. Any animal that is not under direct control of the owner or other person by leash, cord, fence, chain or other device of physical restraint, or an electronic “invisible” fence or any person who has the ability to control the animal by voice command. The term AT LARGE does not include animals engaged in lawful hunting accompanied by the owner or custodian. The term AT LARGE does not include community cats.
AUTHORIZED VETERINARIAN/CLINIC. Any person licensed or permitted to practice veterinary medicine under the laws of the state, and such person shall have had no previous incidents where money collected from the sale of rabies or license tags has been used or handled inappropriately or illegally.
COLONY. A group of two or more feral cats, whether managed or unmanaged.
COMMUNITY CAT. Any free roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown. A community cat may or may not be feral. COMMUNITY CATS are cats that have been ear tipped, are sterilized, and have received at least one vaccination against rabies. A COMMUNITY CAT may also be defined as a cat "found" outside that is brought to an animal shelter and has not yet been sterilized and ear tipped.
COMMUNITY CAT CAREGIVER. A person who provides care, including food, shelter or medical care to a community cat, while not being considered the owner, custodian, harborer. controller or keeper of a community cat or to have care or charge of a community cat.
COMMUNITY CAT DIVERSION. The sterilizing, ear tipping, and vaccination of a cat that is large enough for spay/neuter that is found outside and returning it to its original location as opposed to admitting the cat to the animal shelter. The cat may only be returned to its original location with the permission of the property owner.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, auction, flea market, riding school or stable, pet grooming shop, zoological park, circus, kennel, or veterinary hospital.
COMMISSION. The Dearborn County Board of Commissioners or such other board as may be established by the Dearborn County Board of Commissioners to perform delegated functions of the Commission under this chapter.
CONFINEMENT. Limited or restricted within the bounds of the real property of the animal's owner or agent.
COUNTY. The incorporated and unincorporated areas of Dearborn County.
DIRECT CONTROL. Immediate and continuous physical control of an animal (excluding community cats and herding dogs; dogs in the process of hunting; police dogs; dogs participating in a registered field trial, obedience trial, and confirmation show and/or match) at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. When an animal is specifically 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 clearly and fully within unobstructed sight and hearing of the animal, but in no case to exceed 100 feet. Oral control shall at all times prevent the animal from running at large or otherwise violating this chapter.
DOG RUNNING AT LARGE. Any dog not under direct control, not on a leash, not at heel, not beside a competent person, not in a vehicle driven or parked, or not confined within the property limits of its owner. Hunting dogs are under the control of the owner when hunting with the landowner's permission.
DOMESTIC ANIMAL. A dog, cat, or any other animal such as a rabbit, guinea pig, lizard, iguana, fish, hamster, ferret, mouse, snake, spider, bird, or gerbil, which may normally be held, sold, or maintained as a pet.
EAR TIPPING. The removal of the 1/4 inch tip of a community cat’s ear, performed while the cat is under anesthesia, in compliance with any applicable federal and/or state law, and under the supervision of a licensed veterinarian, designed to be the universal identification that the community cat is sterilized and lawfully vaccinated against rabies at least once.
EXOTIC ANIMAL. Any animal that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.
EXPOSED TO RABIES. Any human or non-human warm blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies.
FERAL CAT. Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable and unable to be approached or handled.
FRESH PURSUIT. The immediate following by an animal control officer and/or law enforcement officer of an animal that is found to be at large and not on the owner's property.
GUARD DOG and WATCHDOG. Any dog trained by a recognized training facility for the purpose of protecting individuals from assault and/or preventing property loss or damage. The term RECOGNIZED TRAINING FACILITY means any person holding a state kennel license and a business license for either of the purposes described in this definition.
GUIDE DOG. A properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons and that is actually being used by a person to assist in that physical impairment.
HARBORING. The action of any person (the “harborer”) that permits any animal to habitually remain or lodge or to be fed within their home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days. For the purpose of this chapter, this definition is referring only to those
animals falling under the responsibilities and duties of Dearborn County Animal Control and is not intended to include community cat caregivers, bird feeders or other wildlife or livestock accommodations regulated by other state and/or Dearborn County agencies.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an animal control officer or other law enforcement officer empowered to act by law and transporting it to an animal control facility or humane society.
KENNEL. Any premise or portion thereof on which five or more dogs over four months of age are kept or on which two or more dogs are maintained, boarded, bred, or cared for for commercial purposes as outlined in § 90.38(A).
KENNEL OPERATOR. A person and/or business that owns and/or operates a kennel that conducts any of the commercial purposes outlined in § 90.38(A).
LAW ENFORCEMENT OFFICER. Any law enforcement officer empowered to make arrests or cause to be issued summonses in Dearborn County.
LICENSING AUTHORITY. Dearborn County Animal Control, P.A.W.S. and any additional authority deemed appropriate to issue animal licenses by the Commission.
LIVESTOCK. Includes horses, cows, goats, pigs or any other four-legged animal, excluding dogs and cats, used for pleasure or profit. Fowl are expressly included within this definition.
MENACING FASHION. A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
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 their care who permits an animal to remain on or about his/her premises; provided, however, this shall not include a
person hired or acting as custodian of the animal for its owner, and shall not include community cat caregivers.
PERSON. Any individual, firm, association, joint stock company, syndicate, partnership, and/or corporation.
PET SHOP. A commercial animal establishment engaging in the retail sale of animals.
POLICE DOG. Any dog trained by a recognized training facility for the purpose of assisting one or more law enforcement officers in the performance of their official duties. The term RECOGNIZED TRAINING FACILITY means any person holding a state kennel license and a business license for either of the purposes described in this definition.
RIDING SCHOOL OR STABLE. A commercial pet establishment that has available for hire, boarding and/or riding instruction any horse, burro, donkey, pony or mule.
RUNNING IN PACK. Three or more animals at large together which, by repeated or continual presence, constitutes a physical danger to a neighborhood, livestock, or personal or real property. RUNNING IN PACK shall not include animals under the reasonable control of some person, community cats, or when engaged in lawful hunting accompanied by the owner or custodian.
SHELTER. Any housing that is constructed of solid wood or other weather resistant material, consisting of a structure with solid walls on all sides, a dry floor raised above the ground, and a solid roof. The shelter must be large enough for the dog to stand up and turn around, and must contain clean, dry bedding, which must consist of an insulating material that does not retain moisture, such as straw, of sufficient depth for the dog to burrow.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner.
VETERINARY HOSPITAL. A commercial animal establishment maintained and operated by a licensed veterinarian for surgery, disease diagnosis, and/or treatment of disease and injuries of animals.
VICIOUS AND DANGEROUS DOG. Any animal that attacks, bites or injures human beings, pets, companion animals or livestock or which, because of temperament, conditioning, or training, has a known propensity to attack, bite or injure human beings, pets, companion animals or livestock. No dog may be declared vicious and dangerous if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was provoking, tormenting, abusing, or assaulting the dog or has, in the past, been observed to have provoked, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. The definition shall not be construed to include dogs that are part of a governmental organization or a trained guard dog in performance of its duties.
WITHOUT PROVOCATION. A dog not provoked, tormented, or abused by a person. A dog that was coming to the aid or defense of a person who was engaged in illegal or criminal activity and who was using the dog as a means of carrying out such activity is acting without provocation.
(BC Ord. 2014-006, passed 6-3-14; Am. BC Ord. 2017-014, passed 11-7-17; Am. BC Ord. 2018-003, passed 2-20-18; Am. BC Ord. 2022-016, passed 11-1-22)