For the purpose of this subchapter, 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 of Floyd 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 Floyd County Animal Control Authority to enforce the terms and provisions of this chapter; or any law enforcement officer of the State of Indiana.
ANIMAL FIGHTING PARAPHERNALIA AND ACTIVITIES. Equipment, and/or items used to train or condition animals for participation in animal fighting activity or materials which promote animal fighting; the breeding of animals for the express purpose of fighting; the training of animals for fighting; 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 Indiana State Board of Animal Health (BOAH) and by the National Association of State Public Health Veterinarians, Inc. (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. Enclosures for all animals shall be a fence or structure of sufficient height and construction to prevent the animal from leaving the owner's property. The enclosure may be required to contain proper shelter and a shaded area. Gates and doors must fit properly and must be locked or secured that prevents the animal from opening the gate or door. Enclosures for poultry must contain proper shelter and a shaded area.
(2) ENCLOSURES FOR DOGS.
(a) Enclosures for dogs shall be 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. Enclosures for dangerous animals shall be 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, 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. 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. The owners 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 chapter. Any animal required to have a state and/or federal permit to harbor. This includes, but is not limited to, non-human primates; venomous cold-blooded reptiles; poisonous animals; constrictor snakes three feet or longer; crocodilians five feet or longer; wild or exotic cats including cheetahs, lions, panthers, leopards, servals, ocelots and tigers (excluding feral cats); wolves; bears; sharks; elephants; camels; native wild animals such as, but not limited to, bobcats, skunks, raccoons, deer, coyote, weasels, opossum, foxes, mink, muskrat, squirrels and badgers.
HARBORING. 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. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days.
HUNTING. 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. 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 device 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, chickens, turkeys, ducks, geese, 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. 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. By way of examples and not of limitation, the commissions on the following acts or actions by an animal or by its owner or possessor may hereby being declared a NUISANCE:
(1) 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;
(2) Allowing or permitting an animal to damage the property of any person other than its owner or caretaker, including to, but not limited to getting into or turning garbage containers or damaging gardens, flowers, plants or other real or personal property or leaving fecal material on the property of another person;
(3) Allowing or permitting an animal to molest, chase, snap at, attack or attempt to attack passers-by, vehicles or other domestic animals;
(4) Allowing or permitting an animal to habitually or continually run at large or be found on property not belonging to that of its owners of caretakers, trespassing on school grounds, parks or the property of any person;
(5) 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;
(6) 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, 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. Shall mean, but not be limited to, 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 property 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. 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, alerting and protecting an individual who is having a seizure. SERVICE ANIMALS are working animals. 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. The SHELTER shall provide reasonable protection from inclement weather and extreme temperatures. The STRUCTURE shall be physically located in a dry area allowing the animal access outside the structure to dry ground that is mud free. It shall be cleaned and maintained regularly so as to prevent the accumulation of waste, debris and offensive odors.
TETHER. A long restraint fastened humanely to an animal's collar or harness, so as to keep the animal within certain bounds and limited freedom. TETHERS shall be made of a chain or similar material specifically designed for the restraint of animals. 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. G-20-04, passed 7-28-2020)