For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED. To desert any animal or leave any animals without making provisions for long term care of that animal or to leave in a place without the expressed permission of the property owner, custodian, or tenant of the property.
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.
ANIMAL. Any living non-human creature, domestic or wild, including livestock and poultry.
ANIMAL CONTROL OFFICER. Any person who is authorized to implement and enforce animal care and control ordinances as defined.
ANIMAL CRUELTY. An intentional or malicious act(s) whereby unnecessary or unjustifiable pain, suffering, or death is caused.
ANIMAL NEGLECT. The same definition as found in I.C. 35-46-3-0.5(6).
FERAL CAT. Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable, and unable to be approached or handled.
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.
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.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or permits an animal to be harbored or kept in his or her care or who permits an animal to remain on or about his or her premises.
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) 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;
(6) When the temperature is 80°F 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
(7) When the temperature is 40°F 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). Scales 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.
(Ord. 11-2021, passed 10-12-2021)