The following terms and phrases shall have the meaning set forth in this chapter.
   ABANDON. To deposit, leave, drop off or otherwise dispose of any live domestic animal for a period in excess of 24 hours, without providing someone to feed, water and check on the animal's condition. No owner shall leave an animal by a roadside or other area, or leave such animal on either public or private property, without property owner's consent. In the event that an animal is impounded after having been deemed abandoned, the owner or person who was charged with the animal's care, shall be subject to a citation.
   ADEQUATE SHELTER. A structure designed specifically to shelter an animal that allows an animal to maintain its body heat, with a roof, structured floor and three sides free of leaks or openings to the wind and rain. The structure is physically located in a dry area allowing the animal to stay dry and access outside the structure to dry ground that is mud free. Livestock require a structure with three sides and a roof designed to protect it from the elements.
   AGENT. Any person(s) 18 years or older authorized by an owner to act in the owners behalf.
   ALTERED ANIMAL. Any animal that has been surgically altered to prevent it from reproducing.
   ANIMAL. Any live non-human vertebrate creature, domestic, wild or exotic.
   ANIMAL CONTROL AGENCY. Any governmental or private entity charged with or contracted with and given authority for the enforcement on the provisions of this chapter for and on behalf of the County of LaPorte (hereinafter referred to as "county").
   ANIMAL HOARDER. Any person who:
      (1)   Having one or more animals and failing to provide adequate standards of nutrition, sanitation, shelter, and veterinary care, with this neglect often resulting in illness and death from starvation, spread of infectious disease, and untreated injury or medical condition;
      (2)   Persistence, despite this failure, in accumulating and controlling animals.
   ANIMAL PERFORMANCES OR EXHIBITIONS. Any spectacle, performance, display, act, exhibition or event in which an animal or animals are used.
   ANIMAL SHELTER. A facility or vehicle operated by a governmental or private entity for the purpose of providing or promoting animal welfare and humane treatment of animals.
   AT LARGE. Any animal that is not under restraint or confined without means of escape and off of the owner's property.
   ATTACK DOG. Any dog trained to attack upon command or those which do attack or have attacked another animal or human being upon command. This definition excludes K-9 Corps dogs in use by law enforcement agencies.
   BREEDER. Any person, for-profit business or corporation which harbors or keeps animals (i.e., dogs, cats, minks, chinchillas and ferrets), with the exception of livestock that are permitted by zoning laws, and allows or causes these animals to procreate, intentionally or accidentally, for the purpose and intent of selling, trading, receiving other compensation or to give away the animals; or any person who has one or more unaltered animal who habitually (two or more) have accidental litters.
   COUNTY. All unincorporated areas of LaPorte County, Indiana.
      (1)   Any animal:
         (a)   Which has attacked another animal or livestock;
         (b)   Which has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner's property;
         (c)   Which has bitten or attacked a person, causing wounds or injuries creating a potential danger to the health and life of the victim;
         (d)   Which has been found to be at large and been documented to be at large by an Animal Control Officer, police officer, or any county official or designee and at any time has been documented to show potentially aggressive behavior;
         (e)   That could be deemed dangerous which has violated three or more times the public nuisance provision, at the discretion of the Director of the LaPorte County Animal Shelter.
      (2)   Exceptions:
         (a)   With the exception of those animals which cause injury or damage to a person while that person is:
            1.   Committing or attempting to commit a criminal offense against the owner or agent of the owner;
            2.   Committing a criminal trespass upon the premises occupied by the owner, agent or keeper of the animal; or
            3.   Teasing, tormenting, abusing or assaulting the animal.
         (b)   This definition also excludes K-9 Corps dogs in use by law enforcement agencies, trail sponsored field exercises and any dog under its owner's control that is currently being used in the act of hunting.
   DOMESTIC ANIMAL. Any animal that is a member of one of the following classes of animals:
      Guinea pig
      Pigeon, Homing or Racing
      Chicken, turkey, goose or duck
   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 protected under federal laws and regulations.
   EXPOSED TO RABIES. Any human or non-human warm-blooded mammal that has been bitten or 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, parrots, or similar type of birds normally kept in cages.
   GUIDE DOGS. Dogs formally trained to assist a handicapped person.
   HARBORING. The actions of any person that permit any animal habitually to remain at large or to be fed within his home or property on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days or more.
   HUMANE OFFICER(S). Any person(s) and/or agency designated by the State of Indiana or the County of LaPorte, as a person(s) who is qualified to perform the duties required by the law of this county and state regarding animals.
   IMPOUNDMENT. To seize and place into the Animal Control Agency, any animals found in violation of this chapter and/or Indiana law, or to temporarily house animals in protective custody due to disaster or other tragic event.
   LEASH. A cord, chain, rope, strap or other such physical restraint.
      (1)   All cattle or animals of the bovine species;
      (2)   All horses, mules, burros, and asses or animals of the equine species;
      (3)   All swine or animals of the porcine species; and
      (4)   All goats or animals of the caprine species.
   NON-IMMUNIZED DOG/CAT. Any dog/cat over three months of age which has not been vaccinated or immunized against rabies, or if a booster shot thereafter has not been administered for a period of 12 months from the date of the last vaccination,
   NOT-FOR-PROFIT. A business, association or entity established or organized as a "not-for-profit" corporation under state law or recognized as "not-for-profit" by the Internal Revenue Service or the Indiana Department of Revenue. FOR-PROFIT means all other types of businesses, associations or entities.
   OWNER. Any person age 18 years or older, partnership or corporation owning, keeping or harboring one or more animals.
   PET SHOP. Any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, engaged in the humane care and possession for sale, display and sale of pets.
   PUBLIC NUISANCE. Any animal or animals which:
      (1)   Interferes with passers-by or passing vehicles;
      (2)   Is at large or has been found to be at large and documented to be at large three or more times in a 12 month period;
      (3)   Attacks other animals or persons;
      (4)   Damages private or public property;
      (5)   Causes frequent or long continued loud noises or other sounds common to its species which disturbs the comfort or repose of any person in the immediate neighborhood;
      (6)   Is at large or on a public playground, swimming pool or school yard unless the animal is authorized by school officials.
   RABIES VACCINATION. The injection by a licensed veterinarian of a dog or cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Health.
   RESTRAINT. The securing of any animal by an adequate leash or lead or confining it within the real property limits of its owner or agent.
   SMALL ANIMAL. Any small domestic animal including, but not limited to, ferrets, gerbils, guinea pigs, hamsters, mice and rats.
   STRAY. Any animal that is not within the real property limits of its owner and is not under restraint or is unattended.
   TETHER. Attaching a domestic animal to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. Tether does not include the use of a leash to walk a domestic pet.
   UNALTERED. An animal that has not been sterilized by a licensed and accredited veterinarian to prevent it from procreating.
   VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the State of Indiana.
   WILD ANIMAL. Any animal that is 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 non-domesticated animals operated by a person, partnership, corporation or governmental agency that is established for educational purposes and is properly zoned for such use and which possesses valid licenses and permits as required under federal law.
(Ord. 2019-8, passed 3-20-19)