§ 90.029  OWNER OBLIGATIONS; DANGEROUS ANIMALS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONFINEMENT. Confinement to an area from which the animal may not escape or which would not allow the animal to attack a person. CONFINEMENT must be such as will prevent an animal from harassing humans and may not constitute either a sight, smell, or noise nuisance.
      DANGEROUS ANIMALS/VICIOUS ANIMALS/VORACIOUS ANIMALS. Any animal with the propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or domestic animals, or which attacks or shows aggressive or threatening behavior towards a human being or domestic animal without provocation.
      RUN AT LARGE. To be loose upon property, without consent of the owner or without direct and responsible human control and supervision.
   (B)   General regulations.
      (1)   No person having ownership or custody of an animal shall:
         (a)   Permit an animal to run at large or to destroy, deface, or defecate on the property of another without his or her consent;
         (b)   Keep any animal which disturbs the peace and quiet or which detracts from the use, enjoyment, or value of other properties;
         (c)   Keep any animal which attacks, runs after, barks at, growls at, or threatens in any way to attack domestic animals or any person who is engaged in lawful pursuits;
         (d)   Permit any animal to interfere with the normal use of public areas;
         (e)   Fail to confine any animal in heat; and/or
         (f)   Keep any wild animal not authorized by state law.
      (2)   It is unlawful for any person to incite or encourage animals to fight.
      (3)   Any person who allows an animal to remain on his or her premises shall be considered harboring such animal.
   (C)   Recognize an enforcement of related state animal control laws.
      (1)   In addition to any other requirements, state laws governing animal control are noted and shall be enforced by the town, including among others:
         (a)   Not permitting a dog to go beyond the owner’s premises unless under reasonable control of some person;
         (b)   I.C. 35-46-3-1 prohibiting the harboring of a dog more than six months of age which has not been vaccinated against rabies; and/or
         (c)   I.C. 35-46-4-7 prohibiting cruelty or neglect to animals.
      (2)   All town residents shall obtain appropriate dog tags confirming vaccination against rabies and shall not change, alter, counterfeit, or imitate any such dog tags, nor sell or offer to sell any such dog tag.
      (3)   Any town law enforcement officer is authorized to destroy any dangerous, vicious, or voracious animal which cannot be safely captured or kept in custody by usual and available means which is observed to be attacking a person or domestic animal.
      (4)   The Police Department shall immediately report all known animal bites to the County Health Officer.
      (5)   No person shall possess within the town limits a pit bull terrier, rottweiler, chow dog, or cross-breed thereof, or a dangerous, vicious, or voracious animal.
(Ord. 10.14.2013B, passed 10-14-2013)  Penalty, see § 90.999