§ 93.03 RESTRAINT.
   (A)   Animals at large. It shall be unlawful for an owner or person having custody or control of an animal to allow such animal to repeatedly run at large throughout the town so as to create a public nuisance.
   (B)   Enclosure of animal in heat. All owners or persons having custody or control shall confine within a completely enclosed building or secure enclosure with no means of escape any dog, cat or other animal when in heat or rutting. However, an owner or person having custody or control of an animal in heat may walk the animal provided that person is with the animal at all times and the person controls the animal and prevents it from walking or running freely by using a leash that is no more than eight feet long. A person who intentionally or negligently allows an animal in heat to escape his or her control while walking the animal violates this provision.
   (C)   Possession of a vicious animal. It is a violation of this chapter for anyone to own, possess, harbor, maintain or have custody or control over a vicious animal as defined in this chapter at any location within the Town of Fortville, Indiana, other than the Animal Control Officer for purposes of rabies control and/or for the protection of the general public.
   (D)   Annoyance or disturbance created by animal. It shall be unlawful for any person to keep or harbor within the town an animal that creates a nuisance or which by loud, frequent or habitual barking, howling or yelping causes annoyance or disturbance to the area within which said barking, howling or yelping may be heard.
   (E)   Enclosure of suspected rabid animal. All owners or person(s) having custody of such animal shall confine within a completely enclosed building or secure enclosure with no means of escape, or as otherwise directed by the County Health Department, any warm-blooded animal which has bitten, scratched or caused an abrasion of the skin of any human being, or any warm-blooded animal that is known or suspected of being rabid, in accordance with I.C. 15-17-5-11(2011) and 345 IAC 1-5.
   (F)   Trespassing of animal and controller. It shall be unlawful for any owner or person then having custody or control of any dog, cat or other animal to enter upon the private property of another person without consent.
   (G)   Damage or injury to person or property. It shall be unlawful for any owner or person having custody or control of any dog, cat or other animal to allow such dog, cat or other animal to scratch, bite or otherwise injure any person or other animal or to cause any damage or injury to the personal or real property of another person.
   (H)   Keeping dangerous reptiles and animals. It shall be unlawful for any person to keep, maintain or have in his or her possession, or under his or her control within the town, any such dangerous reptiles, exotic animals and birds of prey. It shall be unlawful for any person to display or walk about with any type of snake, birds of prey, dangerous reptiles and exotic animals in a public place. This provision shall not apply to reptiles, exotic animals or birds of prey which can be found and legally purchased in a local pet shop within the State of Indiana.
(Ord. 1997-7A, passed 7-15-97; Am. Ord. 2012-5B, passed 6-4-12) Penalty, see § 10.99