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 any live domestic animal without providing immediate human care on any public or private property.
"AGENT." Persons 18 years or older authorized by an owner to act in the owner's behalf.
"ALTERED ANIMAL." Any animal that has been operated on to prevent it from procreating.
"ANIMAL." Any live nonhuman vertebrate creature, domestic, wild, or exotic.
"ANIMAL CARE FACILITY." An agency charged with housing animals picked up in violation of this chapter.
"ANIMAL CONTROL OFFICER." Persons authorized to carry out the provisions of this chapter, and includes the Humane Officer and the City Citations Officer.
"ANIMAL SHELTER." A facility operated by the city, or any facility operated by a humane society, or a facility operated by authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
"AT LARGE." Any animal that is not under restraint.
"ATTACK DOGS." Dogs trained to attack upon command or those who have been trained to attack.
"AUCTIONS." Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter or state law.
"CIRCUS." Includes performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acting, or clowns. Circuses and carnivals are also subject to the licensing provisions set forth in §§ 111.01 and 111.02.
"CONFINING or CONFINEMENT." Maintaining of an area from which the animal is unable to escape. This shall include but not be limited to fencing (invisible or wire) or tethering with a chain or cable, all of which are adequate for the breed of animal being confined.
"DANGEROUS ANIMAL." An animal is a dangerous animal if that animal has:
(1) By its circumstances, including but not limited to its behavior or physical condition, constituted an unreasonable, serious, and material physical or health threat to the wel1-being of any person, animal, or property; or
(2) Without sufficient provocation bitten or attacked a person and/or another animal, or property; or
(3) Without sufficient provocation bitten or attacked a person and/or animal more than once.
"DOMESTIC ANIMAL." Any animal that is a member of one of the following species:
(1) Dog (Canis familiaris);
(2) Cat (Felis cattus or Felis domesticus);
(3) Cattle (Bos domesticus or Bos taurus or Bos indicus);
(4) Horse (Equus caballus);
(5) Donkey (Equus asinus);
(6) Pig (Sus scroffa);
(7) Sheep (Ovis aries);
(8) Goat (Capra hircus);
(9) Rabbit (Oryctolagus cuniculus);
(10) Mouse (Mus musculus);
(11) Rat (Rattus rattus);
(12) Guinea Pig (Cavis procellus);
(13) Chincilla (Chincilla langier);
(14) Hamster (Mesocriecetus auratus);
(15) Gerbil (Gerbillus gerbillus);
(16) Mink;
(17) Cow or Ox (Bovine);
(18) Ferret; and
(19) All domestic animals defined in IC 15-2.1-2-15.
"EXOTIC ANIMAL." Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur-bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and nonpoisonous snakes and reptiles.
"EXPOSED TO RABIES." Any human or nonhuman warm-blooded mammal that has been bitten or has come in contact with any other animal known or reasonably suspected to have been infected with rabies.
"FOWL." Any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, or similar types of birds kept in cages.
"GUIDE DOGS." Dogs trained to assist the handicapped.
"HARBORING." The actions of any person that permit any animal habitually to remain or lodge or to be fed within his home, store, enclosure, yard, or place of business or any premises on which that person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days.
"HUMANE OFFICER." Any person or agency designated by the state, county, or the city, as a person who is qualified to perform the duties required by the law of this city and state regarding animals.
"KENNEL." A place where any combination of three or more domestic animals are kept. For this purpose, those animals shall not be counted until they reach the age of six months. The only exception shall be that as provided for in § 91.08(B).
"OWNER." Any person age 18 years or older owning or harboring one or more animals.
"PERFORMING ANIMAL EXHIBITION." Any spectacle, display, act, or event other than circuses, in which performing animals are used.
"PET." Any animal kept for pleasure rather than utility.
"PET SHOP." Any person, group of persons, partnership, or corporation whether operated separately or in connection with another business enterprise.
"PUBLIC NUISANCE." Any animal which:
(1) Interferes with passersby or passing vehicles.
(2) Attacks other animals or persons.
(3) Is at large.
(4) Damages private or public property.
(5) Causes frequent or long continued noises or other sounds common to its species which disturbs the comfort or repose of any person in the immediate neighborhood.
(6) Causes foul or noxious odors which offend residents in the neighborhood.
"RABIES VACCINATION." The injection, by a licensed veterinarian, of a dog, cat, or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the State Board of Health.
"RESTRAINT." The securing of an animal by leash or lead or confining it within the real property limits of its owner or agent.
"RIDING SCHOOL" or "STABLE." Any place that has available for hire, boarding, or riding instruction, any horse, pony, donkey, mule, or burro.
"RODEO." A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding.
"STRAY." Any animal that is not under restraint or upon reasonable inquiry by a Humane Officer does not appear to have an owner.
"VETERINARIAN." Any person licensed and accredited to practice veterinary medicine in the state.
"VICIOUS ANIMAL." Any animal that has, without provocation, attacked a human being or other animal, or an animal that by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals, or any animal which has previously attacked or bitten any human being or other animal on two or more reported occasions.
"WILD ANIMALS." Any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.
"ZOOLOGICAL PARK." Any facility, other than a pet shop or kennel displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation, or governmental agency and is properly zoned for that use.
(Ord. 8-C-86, passed 5-13-86; Am. Ord. 4-C-93, passed 5-11-93; Am. Ord 7-C-96, passed 5-14-96; Am. Ord. 17-C-96, passed 8-13-96)