As used in this Article the following terms mean:
Abandon: The act of leaving a companion animal, domestic animal, or exotic animal:
(1) Without food, water or care for 24 hours or more; or
(2) In a situation where conditions present an immediate, direct and serious threat to the life, safety, or health of the animal
Animal: Every nonhuman species of animal, both domestic and wild.
Animal Facility: Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of temporarily impounding animals under the authority of this Article or state law for care, confinement, return to owner, adoption, or euthanasia.
Auction: Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Article. This section does not apply to individual sale of animals by owners.
Breeder. Any individual and/or entity who allows or causes to mate an animal strain that reproduces the characteristics by which it is recognized.
Circus: A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment: Any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
Companion Animal. Dogs and cats.
Domestic Animal: Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter, including, but not limited to, dogs, cats, horses, dairy and beef cattle, swine, goats, sheep and fowl.
Exotic Animal: Any animal not considered “domesticated,” that normally would be found in a wild state.
Grooming Shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
Guard Dog: Any dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.
Humane Officer or Animal Control Officer: Any person designated by the State of Indiana, county of jurisdiction or a federally licensed humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.
Kennel or Cattery: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling of dogs or cats. Six or more dogs and/or cats owned, harbored, possessed, cared for or kept in custody of any person shall be constructed as and shall constitute a kennel under this Article.
Owner: Any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
Performing Animal Exhibition: Any spectacle, display, act, or event other than circuses, in which performing animals are used.
Pet Shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.
Public Nuisance Animal: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to their enjoyment of life or property. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Chases vehicles;
(5) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) Causes fouling of the air by odor thereby creating an unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(8) Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained;
(9) Attacks other domestic animals or pursues them in a threatening manner; or
(10) Has been found by the Bi-Town Animal Control Board, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, and/or safety.
Restraint: Any animal secured by a leash, fence or lead under the control of a responsible person and obedient to that person’s commands, or contained within the real property limits of its owner.
Riding School or Stable: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the aforementioned animals, including, but not limited to, a racetrack, trotting track, or rodeo.
Running at Large: It shall be unlawful for any person having charge, care, ownership or control of any animal to let the animal run at large and beyond the limits of his or her lot or other real property. All animals which are found unlawfully running at large within the Town may be taken into custody and impounded at the animal shelter.
Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Vicious Animal: Any animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.
Wild Animal: Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents (such as a mouse or squirrel), any hybrid animal that is part wild, and captive-bred species of common cage birds.
Zoological Park: Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals.
(Ord. No. 95-32, § 1, 12-12-95; Am. Ord. No. 98-04, § 3-1, 2-10-98; Am. Ord. No. 2002-09, 4-16-02; Am. Ord. No. 2008-02, § 1, 4-16-08)