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§ 92.03 POISONING DOGS AND CATS PROHIBITED.
   It shall be unlawful for any person to place, feed or make available to any dog or cat any poison or poisoned food or other substance for the purpose of poisoning, killing, destroying or harming the animals.
(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 92.99
§ 92.04 GENERAL ANIMAL CARE.
   Every person responsible for any animal located within the town shall ensure that the animal:
   (A)   Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in excrement;
   (B)   Has sufficient wholesome food and water which is proper and nutritional for that species of animal;
   (C)   Has a proper and adequate structure; provided that, is kept in a sanitary manner and that will protect the animal from all elements of the weather and will allow the animal to stand, sit and lie down without restriction;
   (D)   Receives proper veterinary care as necessary to treat illness, disease and/or injury, to prevent the transmission of disease to other animals or human beings and to promote good animal health;
   (E)   Is not beaten, cruelly treated, overloaded, overworked or otherwise abused;
   (F)   Is not abandoned, neglected or tortured;
   (G)   Does not become a public nuisance under I.C. 15-5-9-14 or otherwise;
   (H)   Does not, unprovoked, bite, kick, butt, claw, assault, attack or otherwise create a danger to the health and/or safety of other animals or human beings;
   (I)   Is properly vaccinated and/or licensed as required by law;
   (J)   Is prevented from running at large on property other than private property owned or lawfully occupied by its owner by means of a leash, chain or other appropriate physical restraint;
   (K)   Is not left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal;
   (L)   Is not transported in the open bed of a vehicle unless confined in an appropriate manner so as to reasonably prevent the animal from jumping or being thrown from same; and
   (M)   Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from the property as much of the feces as is reasonably possible.
(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 92.99
Editor’s note:
   I.C. 15-5-9-14 was repealed by P.L.2-2008, Sec. 83.
DANGEROUS ANIMALS
§ 92.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DANGEROUS ANIMAL. Any of the following:
      (1)   Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature, or other characteristics would constitute a danger to human life or physical well-being or to other animals;
      (2)   Any animal having a known disposition or propensity to attack, bite or injure any person or animal without provocation. Where the official records of the Animal Control Officer, Town Clerk/Treasurer, Police Department or Clerk/Treasurer of any court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that the animal is a dangerous animal;
      (3)   Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting; and
      (4)   Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause the animal to attack, any law enforcement officer while the officer is engaged in the performance of official duty and when the animal has the apparent ability to cause injury or harm to the officer.
   OWN or KEEP. To own, keep, harbor, control, manage, possess, maintain or have charge or custody of or provide care for.
   OWNER or KEEPER. Any person who owns or keeps a dangerous animal.
   PERSON. Includes any natural person, association, partnership, organization or corporation.
   PIT BULL DOG. Any and all of the following dogs:
      (1)   The Staffordshire bull terrier breed of dogs;
      (2)   The American Staffordshire terrier breed of dogs;
      (3)   The American pit bull terrier breed of dog;
      (4)   Any other breed commonly known as pit bull, pit bull dog or pit bull terrier; or
      (5)   Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as the Staffordshire bull terrier, the American Staffordshire terrier or the American pit bull terrier. The registration of a dog at any time as any of the dogs listed above shall constitute prima facie evidence the animal is a pit bull dog.
   REGISTERED DANGEROUS ANIMAL. Including pit bull dogs, means an animal for which a permit has been properly obtained within 30 days of the effective date of this subchapter and in accordance with § 92.19.
(Ord. 05-14-07-1, passed - -2007)
§ 92.16 PROHIBITION.
   Except as provided in §§ 92.17 and 92.18, no person shall own or keep any dangerous animal in the town.
(Ord. 05-14-07-1, passed - -2007) Penalty, see § 92.99
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