For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. To deposit, leave, drop off, or otherwise dispose of an owned animal on any public or private property, or leaving an animal for a period in excess of 24 hours, without the animal’s owner or caretaker providing all provisions of necessity, as defined in this chapter, and checking on the animal’s condition.
ALTERED ANIMAL. Any domestic animal that has been surgically sterilized to prevent procreation.
ANIMAL. Any living vertebrate, domestic or wild, except a human being.
ANIMAL CONTROL AUTHORITY. The New Albany/Floyd County Animal Control Authority and its governing board established by an interlocal cooperation agreement between the county and the City of New Albany on May 20, 1999, pursuant to the provisions of I.C. 36-1-7 et seq. for the operation of the New Albany/Floyd County Animal Control and Shelter, which interlocal agreement is ratified, affirmed, and incorporated herein by reference.
ANIMAL CONTROL OFFICER. Any person designated by the county’s Animal Control Authority to enforce the terms and provisions of this chapter; or any law enforcement officer of the state.
ANIMAL FIGHTING PARAPHERNALIA AND ACTIVITIES. Equipment and/or items used to train or condition animals for participation in animal fighting activities or materials which promote animal fighting; the breeding of animals for the express purpose of fighting; the training of animals for fighting; or the tracking of animal fighting results; or the production of materials promoting or supporting betting or gambling on animal fighting.
ANIMAL SHELTER. The New Albany/Floyd County Animal Control and Shelter.
APPROVED RABIES VACCINE. Any vaccine for protecting an animal from contracting rabies approved as effective by the State Board of Animal Health (BOAH) and by the National Association of State Public Health Veterinarians, Incorporated (NASPHV) in the most current version of the Compendium of Animal Rabies Prevention and Control.
ATTACK. Any aggressive contact with a human being or another animal that could result in injury or death.
BITE. Any injury caused by the tearing, puncturing, or cutting of the skin caused by teeth or fangs.
CARETAKER. A person designated to take temporary charge of animals and/or property of an owner.
CAT. Any domestic feline.
DANGEROUS ANIMAL. Any animal which, unprovoked, commits an attack upon, harms, or kills a person or another animal. A DANGEROUS ANIMAL shall also include any mammal for which there is no approved rabies vaccine.
DOG. Any domestic canine.
DOMESTIC ANIMAL. Any animal whose physiology has been determined and/or manipulated through selective breeding; any of various animals that have been tamed and made fit for a human environment; any mammal, whether or not its physiology has been determined or manipulated through selective breeding, which can be vaccinated against rabies with an approved rabies vaccine. DOMESTIC ANIMALS shall include, but not be limited to: dogs; cats; birds; rabbits; guinea pigs; rats; mice; hamsters; gerbils; ferrets; chinchillas; fish; reptiles; livestock; equine; and poultry.
ENCLOSURES.
(1) ENCLOSURES FOR ALL ANIMALS. A fence or structure of sufficient height and construction to prevent the animal from leaving the owner’s property.
(a) The ENCLOSURE may be required to contain proper shelter and a shaded area.
(b) Gates and doors must fit properly and must be locked or secured to prevent the animal from opening the gate or door.
(c) ENCLOSURES for poultry must contain proper shelter and a shaded area.
(2) ENCLOSURES FOR DOGS.
(a) A fence or structure of sufficient height and construction to prevent the animal from leaving the owner’s property. The ENCLOSURE must contain proper shelter and a shaded area. Gates and doors must fit properly and must be locked or secured to prevent the animal from opening the gate or door.
(b) Property enclosed by a buried wire which produces a signal received by a device attached to a collar worn by the animal, and 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. The ENCLOSURE must contain proper shelter from the weather and a shaded area. This type of ENCLOSURE is not acceptable for an unaltered animal, an animal declared a public nuisance, or a dangerous animal.
(3) ENCLOSURES FOR DANGEROUS ANIMALS. A covered fence or fabricated structure at least six feet in height, installed beneath ground level, or in concrete or pavement, to prevent digging under it, and with a gravel or concrete floor, of sufficient size to allow the animal to stand, sit, and turn around in a natural position, and which allows for adequate exercise for the size/breed being kept.
(a) ENCLOSURES shall be designed to prevent the entry of children or unauthorized persons. ENCLOSURES shall be securely locked with a combination or key lock to prevent accidental or malicious opening of the ENCLOSURE. ENCLOSURES must contain proper shelter, a shaded area, and be properly ventilated.
(b) The owner’s residence, other existing residence, or storage building are not appropriate ENCLOSURES for a dangerous animal, unless approved by the animal shelter. Any structure may be subject to approval by a county representative, and it is the responsibility of the owner to comply with building codes, if required.
EQUINE. Domestic animals of, relating to, or resembling a horse or the horse family, including, but not limited to: horses; stallions; colts; geldings; mares; fillies; ponies; miniature horses; donkeys; mules; jacks; and jennies.
EXHIBITION. A presentation, or other planned activity involving the gathering of wild, exotic, and/or domestic animals in a public or private venue.
EXOTIC ANIMAL. Any animal that is not normally considered to be a domesticated animal, as defined in this section; any animal required to have a state and/or federal permit to harbor.
(1) EXOTIC ANIMAL includes, but is not limited to: nonhuman primates; venomous, cold-blooded reptiles; poisonous animals; constrictor snakes three feet or longer; crocodillans five feet or longer; wild or exotic cats, including cheetahs, lions, panthers, leopards, servals, ocelots and tigers (excluding feral cats); wolves; bears; sharks; elephants; and camels.
(2) EXOTIC ANIMAL includes native wild animals such as, but not limited to: bobcats; skunks; raccoons; deer; coyote; weasels; opossum; foxes; mink; muskrat; squirrels; and badgers.
HARBORING.
(1) The actions of any person that permit any animal to lodge or to be fed within his or her home, store, enclosure, yard, or place of business, or any premises which the person owns, or in which the person resides, or over which the person has possession or control.
(2) An animal shall be presumed HARBORED if it is fed or sheltered for three consecutive days.
HUNTING.
(1) The pursuit of any wild animal or bird licensed and regulated under I.C. 14-22-11-1, or any successor provision to that statute.
(2) A HUNTER is a person engaged in HUNTING and is in possession of a valid state hunting license.
IMPOUNDED. Taken into custody of an animal control officer and/or taken to the animal shelter.
LEAD or LEASH. A devise used for humanely restraining an animal.
LIVESTOCK. Any animal raised for, or used in, agriculture, including, but not limited to: sheep; rams; ewes; lambs; bulls; cows; steers; heifers; calves; swine; boars; sows; piglets; goats; bucks; does; kids; llamas; alpaca; buffalo; bison; deer; elk; ostrich; emu; or any other animals 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 into an animal and which is a component of a radio frequency identification (RFID) system.
NEGLECT. Any reckless or negligent act or omission which results in a domestic animal not receiving adequate shelter, food, water, or in a domestic animal not receiving necessary veterinary care, or in a domestic animal housed in unhealthy living conditions.
NUISANCE.
(1) Any act of an animal or its owner that irritates, perturbs, or damages rights and privileges common to the enjoyment of public or private property or indirectly injures or threatens the safety of a member of the general public.
(2) By way of examples, and not of limitation, the commissions of the following acts or actions by an animal, or by its owner or possessor, may hereby being declared a NUISANCE:
(a) 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;
(b) 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; damaging gardens, flowers, plants, or other real or personal property; or leaving fecal material on the property of another person;
(c) Allowing or permitting an animal to molest, chase, snap at, attack, or attempt to attack passers-by, vehicles, or other domestic animals;
(d) Allowing or permitting an animal to habitually or continually run at large; to be found on property not belonging to that of its owners or caretakers; or to be found trespassing on school grounds, parks, or the property of any person;
(e) Allowing or permitting an animal to be housed or restrained within reach of a public street, road, sidewalk, alley, or access and, in the discretion of the animal control officer, poses a threat to the general public safety, health, and welfare of the general public; and/or
(f) Allowing or permitting an area to be maintained in an unsanitary condition by the accumulation of animals and/or animal waste so as to be offensive to sight or smell.
OWNER. Any person owning, keeping, harboring, or having control or custody of animals within the jurisdiction of this chapter; provided that in the event that a minor person shall be determined the OWNER of the animal, the parent or guardian of such minor person shall be responsible to ensure compliance with the terms and provisions of this chapter, and shall be liable for any non-compliance herewith.
PARADE. A procession of people, usually organized along a street, often in costume, and often accompanied by marching bands, floats, and often of a festive nature.
POULTRY. All domesticated fowl and all game birds which are legally kept in captivity, including, but not limited to: chickens; ducks; guinea fowl; turkeys; geese; and peafowl.
QUARANTINE. Humane confinement of an animal in a building which prevents the animal coming into contact with any animal or human being other than the owner or caretaker.
RESTRAINT. Confined to the premises of the owner; or, if off of the premises of the owner, confined by means of a lead, leash, or pet carrier, and under the control of a responsible person.
REASONABLE CARE. That degree of care which a reasonable and prudent person would, under the same or similar circumstances, render to an animal to prevent injury, to care for an existing injury, or to prevent death.
RUNNING AT LARGE. Any domestic animal or exotic animal not located on the real properly of its owner shall be deemed RUNNING AT LARGE if it is not under restraint, as defined in this chapter.
SCRATCH. Any injury caused by the tearing, puncturing, or cutting of the skin caused by nails or claws.
SERVICE ANIMAL.
(1) Any animal that is individually trained to perform tasks for a person with a disability such as, but not limited to: guiding people who are visually impaired; alerting people who are hearing impaired; assisting people in wheelchairs; and alerting and protecting an individual who is having a seizure. SERVICE ANIMALS are working animals.
(2) Any animal kept as a therapy and/or companionship animal shall not be considered as a SERVICE ANIMAL.
SEVERE ATTACK. An unprovoked attack in an aggressive manner upon a human in which the victim suffered a bite, was shaken violently, and which caused serious physical trauma or death.
SHELTER. A structure designed specifically to shelter an animal that allows an animal to maintain its body heat, with a roof, solid floor, and three sides free of leaks or openings to the wind and precipitation, and a fourth side allowing access that is protected from the elements.
(1) The SHELTER shall provide reasonable protection from inclement weather and extreme temperatures.
(2) The structure shall be physically located in a dry area allowing the animal access outside the structure to dry ground that is free of mud. It shall be cleaned and maintained regularly so as to prevent the accumulation of waste, debris, and offensive odors.
TETHER.
(1) A long restraint fastened humanely to an animal’s collar or harness, so as to keep the animal within certain bounds and limited freedom.
(2) TETHERS shall be made of a chain or similar material specifically designed for the restraint of animals.
(3) TETHERS may not be made of rope, twine, cord, or similar material that can easily be cut or chewed through.
UNALTERED ANIMAL. Any animal that has not been surgically sterilized to prevent procreation.
(Ord. 2015-14, passed 12-1-2015; Ord. 2017-7, passed 3-21-2017)