For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. To desert an animal or to leave the animal without making provision for adequate long-term care of the animal or to leave in a place without the expressed permission of the property owner, custodian or tenant of the property. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
ACCLIMATED. The point at which an animal has adapted to a new temperature, climate, or environment. Factors such as body size and shape, hair coat, body condition, and the animal's overall health greatly influence the time required for an animal to acclimate to these high or low temperatures.
ADULT DOG/CAT. Any dog or cat that is three months of age or older for the purposes of rabies vaccinations/tags.
ANIMAL. Every living non-human vertebrate creature.
ANIMAL CONTROL OFFICER. Any person who is authorized to implement and enforce city animal care and control ordinances as defined in state statues.
ANIMAL CRUELTY. An intentional or malicious act(s) whereby unnecessary or unjustifiable pain, suffering or death is caused.
ANIMAL HOARDING.
(1) Collecting animals and failing to provide them with adequate shelter and care;
(2) Collecting dead animals that are not properly disposed of; and/or
(3) Collecting, housing or harboring animals in filthy, insanitary conditions that constitute a health hazard to the animals being kept, to the individual(s) residing at the property, or to the animals or residents of an adjacent property.
ANIMAL NEGLECT. The same definition as found in IC 35-46-3.5(4).
AUCTION. A commercial animal establishment where animals are regularly bought, sold, traded, etc., through a bidding process; i.e., a flea market.
AUTHORIZED VETERINARIAN. Any person licensed or permitted to practice veterinary medicine under the laws of the state, and having had no previous judgements related to their practice of veterinary medicine.
BAIT. Using an animal as a lure to provoke an attack upon that animal for the purpose of dog fighting or to cause the intentional harm or death of that animal.
BREEDERS.
(1) APPROVED BREEDERS.
(a) HOBBY BREEDERS. Persons who focus their efforts on the health and betterment of the breed and operate with less than 20 unaltered female dogs that are at least 12 months of age. Approved Breeders shall follow the AKC's Guidelines for Responsible Breeding including but not limited to:
1. Provide adequate care, shelter, space, and veterinary care to all breeding dogs and puppies as defined in this chapter;
2. Screen buyers to ensure they can afford appropriate care and provide puppies a safe home;
3. Require a purchase contract informing city residents of the mandatory spay and neuter ordinance and free breeder's permit option;
4. Require the return to breeder policy should the purchaser be unable to keep the puppy for any reason; and
5. Obtain a Breeder's Permit from the Police Department Animal Control Officer.
(2) BACKYARD BREEDERS.
(a) Individuals who allow for the careless home breeding of more than one female dog at a time;
(b) Individuals with less than 20 unaltered female dogs that are at least 12 months of age, that do not adhere to good breeding and sale practices or do not provide dogs and/or puppies adequate care as defined in this chapter;
(c) Individuals who sell un-weaned (under eight weeks old) and/or diseased puppies;
(d) Individuals who breed more than one female dog, for commercial reasons, that have not obtained a Breeder's Permit from the Police Department Animal Control Officer.
(e) This definition does not apply to humane societies, rescue groups, or foster homes.
CARE (adequate and humane). Providing an animal with the following:
(1) Adequate food and water;
(2) Adequate shelter;
(3) Adequate space; and
(4) Adequate veterinary care, as defined in this chapter, necessary to maintain the health of the animal with regard to its specific age, size, species and breed.
CIRCUS. A commercial animal establishment variety show featuring animals as public entertainment.
CITY. The incorporated and unincorporated areas of the City of Fishers.
COLONY. A group of one or more feral cats.
COLONY CARETAKER. An authorized person who provides food, water and shelter for feral cats in a registered colony.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, auction, flea market, riding school or stable, pet grooming shop, zoological park, circus, kennel, veterinary hospital, or puppy mill as defined in this chapter.
COMPETENT PERSON. As referenced herein means a person possessing the ability and proficiency to identify when an animal is in danger and/or exhibiting signs of suffering or distress, as well as the ability to adequately intervene.
DANGEROUS ANIMAL. 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 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 teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, 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.
DIRECT CONTROL. Immediate and continuous physical control of an animal (excluding 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 time such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal.
DOMESTIC ANIMAL. A dog, cat, or any other animal such as a rabbit, guinea pig, lizard, iguana, hamster, ferret, mouse, snake (non-venomous), spider, bird, or gerbil, which may normally be held, sold, or maintained as a pet. The City Council reserves the right to amend this definition by adding or deleting animals as from time to time determine to be an animal which has been domesticated.
EXOTIC ANIMAL. A wild animal that is non-native to the State of Indiana.
FERAL CAT. Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable and unable to be approached or handled.
FOOD (adequate). Providing the appropriate quantity of non-contaminated and nutritionally adequate food, fed according to age, size, species and breed requirements, which is sufficient to prevent starvation, malnutrition or risk to the animal's health. Garbage or spoiled/rancid food is not considered adequate food.
GARBAGE. Includes, but is not limited to, animal or vegetable refuse, by-product of a restaurant, kitchen or meat-/poultry-processing establishment, spoiled/rancid food and refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise that is normally discarded.
GROOMING ESTABLISHMENT. Any place of business, stationary or mobile, which accepts private pets for bathing, clipping, dipping, pedicuring or other related services, but not to include breeding, dentistry or overnight boarding.
GUARD DOG/WATCH DOG. Any dog trained by a recognized training facility, as defined in this chapter, for the purpose of protecting individuals from assault and/or preventing property loss or damage.
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 being used by a person to assist in that physical impairment.
HARBORER/CAREGIVER. Any person who performs acts of providing care, shelter, protection, restraint, refuge, food or nourishment in such a manner as to control an animal's activities.
HUMANE SOCIETY. An incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals.
HUMANE TRAP. Any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an Animal Control Officer or other officer empowered to act by law and transporting it to an animal control facility or humane society.
IMMINENT DANGER. An immediate threat of harm.
INHUMANE TRAP. Any device used for capturing an animal that may inflict injury or pain; including but not limited to snares, leg traps or similar devices.
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.
MANAGED COLONY. A colony of feral cats that are registered with the Humane Society, or designee and is maintained by a colony caretaker using trap, neuter, return methodology.
MONITORED. The animal is controlled by means of a leash or other device held by a competent person, or is sufficiently near the owner or handler as to be under his or her direct control as defined in the chapter, and is obedient to that person's command; is on or within a vehicle being driven or parked; or is confined to the owner or handler's property and within visual range of a competent 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 his care or who permits an animal to remain on or about his premises for 30 consecutive days or more; provided, however, this shall not include a person hired or acting as custodian of the animal for its owner, and shall not include colony caretakers of registered colonies of feral cats.
PET SHOP. A commercial animal establishment engaging in the retail sale of animals.
POLICE OFFICER. Any law enforcement officer empowered to make arrests or cause to be issued summonses in the incorporated areas of the city.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen, fence or structure suitable to prevent the animal from escaping. Such pen, fence or structure shall be constructed to prevent the animal from going over, under or through. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.
PROVOKE. To cause an occurrence or make something happen resulting in an animal becoming angry or violent.
PUPPY. Any dog that is under the age of three months for the purposes of rabies vaccinations/tags.
PUPPY MILL. Any sized commercial animal establishment that breeds more than one female dog at a time and does not adhere to good breeding, care and sale practices. Different than a BACKYARD BREEDER, puppy pills are commercial operations that:
(1) Sell puppies without screening of the purchaser;
(2) Sell un-weaned (under eight weeks of age) or diseased puppies;
(3) Isolate breeding dogs from human interaction in unhealthy, often deplorable, conditions;
(4) House breeding dogs in crates, kennels, trailers, garages, barns, etc., without access to light or exercise;
(5) Do not provide adequate shelter, food, water, space, or veterinary care as defined in this chapter.
RECOGNIZED TRAINING FACILITY. 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 AT LARGE. Any animal that leaves or strays from the land owned, rented or leased by the owner or possessor of the animal or that the animal is not under direct control as defined in this section.
SERVICE ANIMAL. Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability or as otherwise defined by the Americans with Disabilities Act. A COMFORT DOG is not protected under the ADA.
SHELTER (adequate). Providing protective cover for a domestic animal appropriate for its species and offering adequate space to ensure the animal's safety and good health. Adequate shelter should:
(1) Be structurally sound, maintained in good repair, and constructed with material that protects the animal from injury;
(2) Allow the animal easy access in and out;
(3) Have a weather resistant top, bottom, and sides;
(4) Have an opening on no more than one side that allows the animal to remain dry and have a floor that is level, dry, and raised, if necessary, to prevent water/snow from entering the structure;
(5) Have a solid roof sloped away from the entrance, be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests;
(6) Be of adequate size to allow the animal to stand erect with the animal's head up, turn around easily, and to sit and lie down in a comfortable and normal position;
(7) When the temperature is 80 degrees or higher, or whenever appropriate for a particular dog's breed, age, body and health condition, offer adequate shade during daylight hours, provided by trees, a tarp or other means, that prevents overheating or discomfort to the animal; and
(8) When the temperature is 40 degrees or lower, or whenever appropriate for a particular dog's breed, age, body and health condition, include sufficient, dry bedding material or other means of protection from the weather that will allow the animal to retain body heat when the weather is colder than what an animal of that breed and condition can comfortably tolerate.
SPACE (ADEQUATE). Any area in which an animal is confined should be suitable for the animal's species, size, age, and breed, allowing the animal to turn about freely, stand, sit, lie, and move comfortably and in a normal position. Sick and injured animals should be confined as directed by a veterinarian.
TUFTS ANIMAL CARE AND CONDITION SCALES (TACC). Developed for use by veterinarians, animal control officers, police, and cruelty investigators by Tufts Center for Animals and Public Policy for the purpose of assessing body condition, weather and environmental safety, and physical care in dogs.
UNSANITARY CONDITIONS. Animal housing or quarters, including exercise areas, that are contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animal's health, including but not limited to:
(1) Excessive animal waste, garbage and trash;
(2) Standing water or mud;
(3) Rancid/contaminated food or water;
(4) Fumes, foul or noxious odor, air, hazardous chemicals or poisons;
(5) Decaying material;
(6) Uncontrolled parasite or rodent infestation; or
(7) Areas that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal.
VENTILATION (adequate). Fresh air sufficient to provide for the health of an animal.
VETERINARY CARE (adequate). Care provided under the direction of a licensed veterinarian and includes medical care necessary to maintain an animal's health and prevent unnecessary suffering. Adequate care is based on age, species and breed, and the potential for a disease or condition to spread to other animals or humans, including but not limited to:
(1) Ongoing infections;
(2) Infestation of parasites;
(3) Any disease; or
(4) Any medical condition or injury where withholding or neglecting to provide such care would endanger the health or welfare of the animal.
VETERINARY HOSPITAL. A commercial animal establishment maintained and operated by a licensed veterinarian for surgery, disease diagnosis, treatment of disease and injuries of animals.
WATER (adequate). Water that is clean, fresh, potable water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal's health. Snow, ice, rancid or contaminated water are excluded from the definition of adequate water.
WILD ANIMAL. Animal that lives in the wild or is not domesticated (excluding feral cats). This chapter is not intended to regulate wild and or exotic animal. Regulation of wild and or exotic animals is governed through the State of Indiana, 312 IAC, Article 9, Fish and Wildlife.
ZOOLOGICAL PARK. A commercial animal establishment displaying or exhibiting, without the primary purpose of selling, one or more species of non-domesticated animals operated by a person or governmental agency.
(Ord. 092120C, passed 10-19-20)