(A) Definition of terms. The following words and phrases when used in this section shall have the meanings respectively ascribed to them by this section unless the context otherwise indicates:
ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention of terminating ownership but without vesting it in any other person.
AT LARGE. Off the premises of the owner's property or residence while not under the control of the owner or other person by leash, cord, chain, or other device of actual physical restraint. An exception to “at large” shall be for instances where a dog, cat, or other animal would be under voice control while engaged in hunting, tracking, or other verifiable training procedures.
DOG, CAT, and ANIMAL. Shall include both the male and female of all forms of dogs, cats, or other animals of any type or character.
OWNER. Any person, firm, association, group, partnership, limited liability partnership, limited liability company, corporation, or any other entity owning, keeping, boarding, or harboring a dog, cat, or other animal within the Town of Middlebury, Indiana.
VICIOUS. With a propensity, inclination, tendering or attitude toward or causing an unprovoked attack or assault on a human or another animal.
(B) Jurisdiction. This section, and the rules, regulations, restrictions, and punishments herein provided, shall pertain only to activities arising from or occurring within the incorporated area of the Town of Middlebury, Indiana.
(C) Control measures. An owner shall keep his or her dog, cat, or other animal under control at all times. It shall be deemed that an owner does not have control of his or her animal if the animal is permitted to:
(1) Run at large at any time within the incorporated area of the Town of Middlebury, Indiana.
(2) Damage or defile the premises or property of another within the incorporated area of the Town of Middlebury, Indiana.
(3) Bark or howl unduly, for periods exceeding 30 minutes, so as to disturb the quiet of the neighborhood, or any person or persons; provided, however, that this division (3) shall not apply to duly licensed and operated kennels permitted by the Elkhart County Zoning Ordinance to be operated at the location at issue, by specific zoning ruling, special use permit, or other provisions of the Zoning Ordinance.
(d) Bite, or attempt to bite, attack, or belligerently pursue any person or persons.
(D) Female dogs or cats. Any female dog or cat in heat shall be confined in a secure enclosure by its owner in such manner that the female cannot come in contact with a male animal of its own species, except for purposes of planned breeding.
(E) Abandonment of animals. It shall be unlawful for any owner of any animal to abandon the same within the incorporated area of the Town of Middlebury, Indiana.
(F) Inoculation. All dogs or cats kept, harbored, or maintained by their owners in the Town of Middlebury, Indiana, and over the age of six months, shall have a current and valid rabies inoculation, and must wear a tag at all times attached to a properly fitted collar or harness verifying the inoculation.
(G) Vicious animals. It shall be unlawful for any person to keep, maintain, or have in his possession or under his control within the incorporated areas of the Town of Middlebury, Indiana, any dangerous dog, or other animal with vicious or dangerous propensities toward humans or other animals. This section does not prohibit trained law enforcement dogs nor trained security dogs.
(H) Enforcement. Ordinance violations may be enforced under proceedings brought pursuant to I.C. 34-28-5 et seq. in a manner similar to that for infractions with complaint and summons described in I.C. 9-30-3-6 issued by the Town of Middlebury Police Department or other police agency.
(I) Penalties. Any person violating any of the provisions of this section shall be punished by a fine of not less than $25 nor more than $200, together with the Court costs or other assessments imposed by a Court of competent jurisdiction. Any person convicted of a subsequent violation or violations of this section, within one year after a prior conviction, shall be punished by a fine of not less than $25 nor more than $500, together with the court costs or other assessments imposed by a court of competent jurisdiction. For purposes of this section, each day's violation of any of the terms or provisions hereof shall be deemed a separate offense.
(Ord. 429, passed 6-16-2003)