For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. If a person intentionally, knowingly, recklessly, or with criminal negligence leaves a domestic animal and includes equine, bovine, swine, fowl, or any and all sentient beings at a location without providing adequate care.
AGGRESSIVE (VICIOUS) CANINE. Any canine that has been determined, without provocation:
(1) Has attacked and injured other domestic animals, without provocation, provided, however that basic interaction and play among animals of the same species does not constitute an “attack” for purpose of this provision;
(2) Has bitten one or more persons who are lawfully inside the animal’s enclosure; or
(3) Has attempted to climb over, dig under, chew through, break, or otherwise escape from its enclosure in an attempt to attack, chase, or harass a person or another domestic animal as observed by a person charged with enforcing this subchapter.
ANIMAL. Any living non-human, warm or cold blooded, vertebrate creature or reptile, domestic, or wild.
ANIMAL CONTROL OFFICER. Those persons designated by Marion Animal Care and Control to enforce state statues and this subchapter as defined.
ANIMAL FIGHTING. Refers to paraphernalia equipment used to train or condition animals for participation in an animal fighting contest.
(I.C. 35-46-3-4.3)
ANIMAL SHELTER. Any premises designated as a site for impounding and caring for animals, confined under this subchapter. Shall refer to Marion Animal Care and Control, currently located at 1021 East State Road 18, Marion, IN and Marion Grant County Humane Society currently located at 505 South Miller Ave, Marion, IN.
BOAH. Indiana State Board of Animal Health, located at Discovery Hall, Suite 100, 1202 East 38th Street, Indianapolis, IN 46205.
BREEDER. Any persons who intentionally or unintentionally causes or allow their animal(s) to breed.
CANINE HOUSE. Housing that is specifically made for housing of a canine with an opening on one side for the animal to enter and exit with a roof. An “igloo” style construction is acceptable.
COUNTY. The unincorporated areas of Grant County, Indiana.
ENCLOSURE. See the definition of “kennel.”
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.
IDENTIFICATION. Bearing either a microchip, rabies tag, tattoo, or tag bearing the owner’s name, address, and/or phone number.
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.
KENNEL. A facility, which is ascribed to it in the City of Marion Zoning Code, as revised from time to time, operated commercially and principally for the purpose of boarding, housing, grooming, breeding, or training dogs or cats, or both.
LIVESTOCK.
(1) Except as provided in division (2) below, LIVESTOCK means domestic animals, except the following:
(a) Aquatic animals;
(b) Fish;
(c) Dogs;
(d) Cats;
(e) Poultry and other birds; however, the term includes ratites that are domestic animals.
(2) LIVESTOCK, for purposes of I.C. 15-17-5, includes the following, whether live or dead:
(a) Cattle;
(b) Sheep;
(c) Swine;
(d) Goats;
(e) Bison;
(f) Farm raised cervidae;
(g) Ratitae; and
(h) Horses, mules, or other equines.
MARION ANIMAL CARE AND CONTROL. Currently located at 1021 State Road IN-18, Marion, IN 46952, is the entity that oversees animal welfare and is the legal authority to administer this subchapter.
MARION GRANT COUNTY HUMANE SOCIETY. Currently located at 505 South Miller Avenue, Marion, IN 46953 is a not for profit organization committed to the welfare of animals.
OWNER/CAREGIVERS. 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 or her care or who permits an animal to remain on or about his or her premises; provided this shall not include a person hired or acting as custodian of the animal for its owner.
RESTRAINT. Confinement to the premises of the owner/caregiver, while on or being outside those premises while accompanied by a responsible person keeping control of the animal, being on a leash, chain, or confinement in a fenced area.
STRAY/AT LARGE ANIMAL. Any animal not under the immediate control, not on a leash, not at heel, not beside a competent person, not in a vehicle driven or parked, or not confined within the property limits of his or her owner.
UNALTERED/INTACT. An animal that has not been spayed or neutered.
(Ord. 25-2021, passed 12-28-2021)