For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To deposit, leave, drop-off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under § 90.11.
ADULT ANIMAL. An animal that is 6 months of age or older.
ALTERED ANIMAL. Any animal that has been operated on or has been give medication to prevent it from procreating.
ANIMAL. Any live, vertebrate creature, both domestic and wild, except humans.
ANIMAL CONTROL OFFICER. An employee or agent of the city, designated by the Mayor to administer and enforce the licensing, inspection and enforcement requirements contained within this chapter.
ANIMAL HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries.
ANIMAL NUISANCE. Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.
ANIMAL SHELTER. Any facility operated by the city or its authorized agent for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals. The term shall also include any private facility authorized by the Mayor to impound, confine, detain, care for or destroy any animal.
AT HEEL. A dog is directly behind or next to a person and obedient to that person's command.
AT LARGE. An animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.
BITE. To seize, tear, wound, cut with the teeth, resulting in a break in the skin.
BOARD. Board of Public Safety of the City of Elkhart.
BREEDER. Any person who for any form of compensation or consideration intentionally causes the breeding of a cats or dogs or makes cats or dogs available for breeding purposes: or any person who offers for sale, sells, trades, or receives compensation for any dog or cat. A person who takes a litter of dogs or cats to the humane shelter is not a breeder.
CITY. The City of Elkhart, Indiana, a municipal corporation of the State of Indiana.
CRUELTY. Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drinking water, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, where physical pain is necessarily caused, CRUELTY shall mean a failure to employ the most humane method reasonably available.
DISPOSITION. Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. DISPOSITION includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location.
DOG PARK. A park established by the city for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. The Frank Booth Bark Park is a dog park for purposes of this chapter.
DOMESTIC ANIMAL. Includes dogs, cats, domesticated sheep, horses, cattle, goats, pigs, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other animals raised and/or maintained in confinement.
EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to Elkhart County, Indiana. The term EXOTIC ANIMAL does not include:
(1) Any fish;
(2) Fur-bearing animals commercially bred for the furrier trade; and
(3) Any birds protected under any federal law.
FARM ANIMAL. Any live domesticated sheep, horses, cattle, goats, pigs, fowl, chickens, ducks, geese, turkeys or other animals raised and/or maintained on agricultural farms.
FOSTER HOME. A place where any animals are temporarily being kept until the animals are permanently adopted by a person.
GUARD or ATTACK DOG. A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
HARBOR. To permit an animal to remain, to be lodged or to be fed within one's 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 3 consecutive days or more.
HUMANE OFFICER. Any person(s) designated by the city or an agency of the state, to perform any duties related to animals prescribed by city or state law.
IMPOUNDMENT or IMPOUND. The taking into custody of an animal by any police officer, animal control officer, or any authorized representative of the city.
KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
MICROCHIP. A computer chip, containing identifying information about an animal, which is implanted underneath the skin of that animal (in the universal position between the shoulder scapulas).
MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
PERSON. An individual, firm, corporation or commercial establishment.
PET SHOP or MOBILE PET SHOP. Any person, or group of persons, whether separately or in connection with another business enterprise, who possess, display and sell animals to the public.
PUBLIC NUISANCE ANIMAL or PUBLIC NUISANCE. Any animal that unreasonably annoys humans, endangers the life or health of humans or other animals, or substantially interferes with the rights of citizens, other than its owners, to enjoy their life or property. The term PUBLIC NUISANCE ANIMAL or PUBLIC NUISANCE shall include, but not limited to:
(1) Any animal that is found running at large;
(2) Any dog or cat in any section of a park or public recreation area not controlled by a leash or similar physical restraint;
(3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner;
(4) Any animal that 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 other individuals in close proximity to the premises where the animal is kept or harbored;
(5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates an unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of humans in a public right-of-way;
(8) Any animal that chases a motor vehicle in a public right-of-way;
(9) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(10) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
SANITARY. A condition of good order and cleanliness to minimize the possibility of disease transmission.
SMALL CONFINED ANIMALS. Any small mammals, birds, reptiles, amphibians, and fish kept as a pet in a small enclosed cage or aquarium.
STATE. The State of Indiana.
UNDER RESTRAINT. That an animal is secured by a leash not exceeding 6 feet in length, and under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.
VICIOUS or DANGEROUS ANIMAL.
(1) Any animal which:
(a) Has seriously injured a human, domestic animal, or farm animal;
(b) Has without provocation attacked, bitten, pursued, or attempted to attack, bite, or pursue a human, whether on or off the property of its owner or the owner's agent;
(c) Has attacked or bitten a domestic animal, or farm animal while on or off the property of its owner or the owner's agent; or
(d) Has been found to be at large and has been documented to be at large by an animal control officer on 3 or more separate occasions.
(2) No animal shall be considered a VICIOUS or DANGEROUS ANIMAL if:
(a) The animal injures a human, while that human is committing or attempting to commit, a trespass or crime on the premises which premises are lawfully occupied by the owner of the animal;
(b) The animal is being provoked, tormented, abused or assaulted by a human or was provoked, tormented, abused or assaulted repeatedly by a particular human in the past and again is being provoked, tormented, abused, or assaulted by this same human; or
(c) The animal injures a human or other animal while responding to pain or injury, protecting itself or its offspring, or protecting or defending a human within the immediate vicinity of the animal from an actual or imminent attack or assault by a human or other animal.
(3) A police dog (K-9) shall not be considered a vicious or dangerous animal when used in the line of duty or for law enforcement purposes.
WILD ANIMAL. Any animal not a domestic or exotic animal. The term WILD ANIMAL shall not include:
(1) Small nonpoisonous aquatic or amphibious animals; or
(2) Small caged birds, which are normally found in the wild.
(Ord. 5212, passed 4-19-2010; Am. Ord. 5592, passed 6-19-2017)