For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention of his or her ownership, but without vesting possession in any other person. The failure to make adequate provision of food, water and/or shelter shall be prima facie evidence of abandonment.
ADULT DOG AND CAT. Any dog or cat that is three months of age or older for the purposes of rabies vaccinations/tags.
ALTERED ANIMAL. Any animal which has been spayed or neutered.
ANIMAL MANAGEMENT DIRECTOR. Any person who has been appointed as such by the Town Manager.
ANIMAL MANAGEMENT OFFICER. Any person who has been appointed as such by the Animal Management Director.
ANIMAL MANAGEMENT SHELTER. Any facility operated by a humane society or town agency, or its authorized agents, or operated under contract or agreement with the Board of Public Works for purpose of impounding or caring for animals held under the authority of this chapter.
AT LARGE. Off the premises of the owner while not under the control of the owner or other person by chain, cord, leash or other device of actual physical restraint or under the control of the accompanying owner or other person who has the ability to control the dog or cat by voice command.
ATTACK. Unprovoked action in an aggressive manner against a human that includes a bite or causes a scratch, abrasion or bruising, or on a domestic animal, that causes death or injury that requires veterinary treatment.
BIRDS OF PREY. Members of the Accipitridae, Aquila, Haliaeetus, Falconiformes, Accipiter, and Buteo family.
DANGEROUS.
(1) Constitutes a danger to human life or property;
(2) Has caused serious injury to a person without having been provoked by that person; or
(3) At a place other than its owner’s property has:
(a) Chased or approached a person in a menacing fashion or apparent attitude of attack; or
(b) Attacked another domestic animal; or
(4) Because of its training or behavior, is capable of inflicting physical harm or death to humans;
(5) Involved in more than one reported bite incident reported to the Animal Management Shelter in the last 12 months; or
(6) Animals while engaged in law enforcement activities are not considered dangerous for the purpose of this code.
DOMESTIC FARM ANIMALS.
(1) Cattle, including cows, bulls, steers, and calves;
(2) Horses, including mares, stallions, geldings, and ponies;
(3) Mules;
(4) Donkeys or burros;
(5) Sheep or lambs;
(6) Goats;
(7) Rabbits for the purpose of commercial sale for their meat or pelts;
(8) Swine, including pigs, hogs, boars, sows, or piglets;
(9) Poultry, including but not limited to chickens, turkeys, ducks, geese, guinea fowl, peafowl, pigeons and pheasants;
(10) Exotic animal, being defined as a wild animal that is non-native to the State of Indiana;
(11) Wild animals, being defined as one that lives in the wild or is not domesticated;
(12) Birds of prey, including but not limited to, members of the Accipitridae, Aquila, Haliaeetus, Falconiformes, Accipiter and Buteo family;
(13) Reptiles, including but not limited to, snakes, alligators and turtles, or any other member of a large group of air-breathing, scaly vertebrates; and
(14) Any other animal kept, owned, maintained, or raised for the commercial purpose of selling it for the meat, pelts, or other product.
EXOTIC. Any animal not naturally found in the State of Indiana.
GUARD DOG. Any dog trained by a recognized training facility for the purpose of protecting individuals from assault and/or preventing property loss or damage. The term “recognized training facility” means any person holding a state kennel license and a business license for either of the purposes described in this definition.
GUIDE DOG. A properly trained dog certified as a guide dog by a licensed training facility that has an expertise in training dogs for the physically impaired person and that is actually being used by a person to assist that person.
HUMANE TRAP. Any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal. Snares, leg traps or similar devices are considered inhumane and shall not be used.
IDENTIFIED COMPLAINT. A complaint in which the identity of the complaint is known to the Animal Management Director/Officer and whose identity will not be made public but held confidential.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an animal management officer or other officer empowered to act by law and transporting it to the animal management facility.
INHUMANE. Infliction of injury, pain, or suffering upon an animal or failure to provide adequate food, water, shelter or ventilation to an animal.
KENNEL, COMMERCIAL. Any facility wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
LAW ENFORCEMENT ANIMAL. An animal that is owned or used by a law enforcement agency for the purposes of aiding in the detection of criminal activity, enforcement of laws, the apprehension of offenders and ensuring the public welfare.
NUISANCE. Any one or more of the following conditions:
(1) A condition which arises by a dog, cat or other animal chasing persons, bicycles, automobiles or other moving vehicles on the streets or sidewalks or any other public area of the town;
(2) A condition which arises by a dog, cat or other animal destroying, defacing or damaging shrubbery, lawns or flowers which results in the general nuisance of citizens in the neighborhood where such dog, cat or other animals are harbored;
(3) A condition which arises by a dog barking, whining or howling consistently so as to disturb the peace of the neighborhood;
(4) A condition which arises from the accumulation of animal excreta on the property of the owner, public or any other citizens so as to cause an obnoxious odor, create a situation which could draw or breed incets, attract vermin or cause a health nuisance; or
(5) Any animal deemed dangerous or vicious that has not been registered annually.
OFFICIAL WARNING. A written notice or warning based upon an identified complaint and given
to the owner of a dog, cat or other animal.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or knowingly permits an animal to be harbored or kept or has an animal in his/her care or who permits an animal to remain on or about his/her premises; provided, however this shall not include a person hired or acting as custodian of the animal for its owner.
PET SHOP. Any person, partnership, corporation or any other business entity other than a licensed kennel, that buys or sells any species of animal.
REPTILE. Any member of a large group of air-breathing scaly vertebrates including but not limited to snakes, alligators, and turtles.
RUNNING IN PACK. Three or more dogs, cats or other animals at large together, which, by repeated or continual presence, constitute a physical danger to a neighborhood, livestock, personal or real property.
TETHER. Any chain, rope, cable, and the like, used to restrain or confine an animal.
VICIOUS ANIMAL. Any animal that attacks, bites or injures human beings, pets, companion animals or livestock or which, because of temperament, conditioning, or training, has a known propensity to attack, bite or injure human beings, pets, companion animals or livestock as defined in I.C. 35-31.5-2-29 and 35-31.5-2-292. No dog maybe declared vicious if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was teasing, tormented, abusing or assaulted the dog or was committing or attempting to commit a crime. The definition shall not be construed to include dogs that are part of a governmental organization or a trained guard dog in performance of its duties, or any animal otherwise defined in the Indiana Code.
WARM-BLOODED ANIMAL. Any animal that maintains a constant body temperature; all mammals, including dogs, cats and rabbits.