§ 90.01  DEFINITIONS.
   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 and tags.
   ALTERED ANIMAL.  Any animal which has been spayed or neutered.
   ANIMAL.  Any living, non-human, vertebrate creature.
   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 commands.
   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, Aguila, Haliaeetus, Falconiformes, Accipiter and Buteo family.
   CAT/FELINE.  Includes animals of the Felis Catus species, and hybrids of a Felis Catus and any other member of the Felis genus.
   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;
      (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.
      (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 Town Police Department and/or the Hancock County/City of Greenfield Animal Management Shelter in the last 12 months; and
      (6)   Animals while engaged in law enforcement activities are not considered DANGEROUS for the purpose of this chapter.
   DOG/CANINE.  Includes animals of the Canis Familiaris species, and hybrids of a Canis Familiaris and any other member of the Canis genus, including wolves.
   DOMESTIC ANIMAL.  Any animal kept and harbored by a human primarily as a pet, including any animal of a normally wild species which has been born in captivity or tamed and is kept and harbored by a human for those purposes.
   DOMESTIC FARM ANIMAL.
      (1)   Cattle, including cows, bulls, steers and calves;
      (2)   Horses, including mares, stallions, geldings and ponies;
      (3)   Mules;
      (4)   Donkeys or burros;
      (5)   Goats;
      (6)   Sheep or lambs;
      (7)   Rabbits for the purposes of commercial sale for their meat and/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;
      (11)   Bees; or
      (12)   Any other animal kept, owned, maintained or raised for the commercial purpose of selling it for the meat, pelts or other product.
   ESTROUS CYCLE.  The time when the female animal is sexually receptive and releases pheromones announcing that reception to the male members of the species.
   EXOTIC.  Any animal or reptile not naturally found in the State of Indiana.
   EXPOSED TO RABIES.  An animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.
   GUARD DOG.  Any dog trained by a recognized training facility for the purpose of protecting individuals from assault and/or preventing 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.
   IN HEAT or IN SEASON.  A female of the species is entering, enduring or ending her estrous cycle.
   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).  A facility operated commercially and principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both. For purposes of this chapter, KENNEL shall not include a facility in or adjoining a private residence where dogs or cats are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property shall not make the property a kennel for the purposes of this chapter.
   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.
   NON-BITE EXPOSURE.  Includes scratches, abrasions, open wounds or mucous membranes contaminated with saliva or other potentially infectious material from a rabid animal.
   NUISANCE.  Any one or more of the following conditions:
      (1)   A condition which arises by a dog, cat or other animal casing 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 defacing or damaging shrubbery, lawns or flowers which results in the general nuisance of citizens in the neighborhood where the dog, cat or other animals are harbored;
      (3)   A condition which arises by a dog barking, whining or howling constantly 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 insects, attract vermin or cause a health nuisance; or
      (5)   Any animal deemed dangerous or vicious that has not been registered with the Town Police Department and/or the Hancock County/City of Greenfield Animal Management Shelter on an annual basis.
   OWN.  To keep, harbor or have custody, charge or control of an animal.
   OWNER.  Includes any person who owns an animal; however, veterinarians and operators of kennels, pet shops and stables, who temporarily keep animals owned by, or held for sale to, other persons shall not be deemed to own or be OWNERS of the animals, but rather to be keepers of animals.
   PERSON.  Includes any individual, corporation, partnership or other association or organization, but shall exclude the following:
      (1)   Police officers, federal or state armed forces, conservation officers, animal control or animal management personnel and other governmental agencies, with respect to actions which constitute a discharge of their official duties; and
      (2)   An individual, partnership, corporation or other association, organization or institution of higher education, which is registered as a research facility with the United States Secretary of Agriculture under 7 U.S.C. §§ 2131 et seq., commonly known as the “Animal Welfare Act”, while engaged in the course of their performance as such.
   PUBLIC SAFETY COMMITTEE.  The Public Safety Committee of the town.
   QUARANTINING AUTHORITY.  The Town Board of Public Safety, its contractors, agents, employees and designees, acting under its directives and regulations or the State Board of Animal Health.
   RABIES.  Also often referred to as HYDROPHOBIA, is highly fatal infectious disease transmitted by the bite of infected animals, and caused by a virus in the central nervous system and the salivary glands. The symptoms are characteristic of a profound disturbance of the nervous system: excitement, aggressiveness and madness, followed by paralysis and death.
   REPTILE.  Any member of a large group of air-breathing scaly vertebrates, including, but not limited to, snakes, alligators and turtles.
   SERIOUS BODILY INJURY.  Any bodily injury that creates a substantial risk of death or that causes or that causes: serious permanent disfigurement; unconsciousness; extreme pain; permanent or protracted loss or impairment of the function of a body member or organ; or loss of a fetus.
   SHELTER.  The animal care and management facility located at 809 South State Street in the City of Greenfield, Indiana or other location as approved by the town or the Town Public Safety Committee.
   STRAY.  Any animal that does not appear, upon reasonable inquiry, to have an owner.
   VICIOUS ANIMAL.  Any animal that attacks, bites or injures any human being or domesticated animal without adequate provocation, or which because of temperament, conditioning or training, has a known propensity to attack, bite or injure human beings or domesticated animals or to destroy property.
   WILD ANIMAL.  Any living member of the animal kingdom, including mammals, birds and reptiles, and including those animals born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), domestic farm animals, small rodents and captive-bred species of common cage birds.
   VETERINARIAN.  A person licensed to practice veterinary medicine in the state.
(Ord. 101210, passed - -2010)