For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Dog or cat.
ANIMAL CONTROL AUTHORITY. The animal control officer appointed by the Town Council or any police officer.
ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, animal auction, performing animal exhibition, kennel or animal shelter, except this term shall not include veterinary medical facilities, licensed research facilities, facilities operated by government agencies or licensed animal dealers regulated by the USDA under the provisions of Pub. Law No. 89-544, 91-579, 94-279, 99-198 and 101-624.
ANIMAL SHELTER. Facility designated or recognized by the town for the purpose of impounding and caring for animals.
AT LARGE. A dog or cat shall be deemed to be AT LARGE when off the property of the owner and not under restraint or, in the event of the arrest of the owner or person having possession of the dog or cat and the arresting agency turning the dog or cat over to the animal control authority, the dog or cat shall be treated as a dog or cat AT LARGE.
DANGEROUS DOG OR CAT. Any dog or cat which without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals. A dog’s or cat’s breed shall not be considered in determining whether or not it is DANGEROUS. Further, no dog or cat may be declared DANGEROUS:
(1) If the dog or cat was protecting or defending a person within the immediate vicinity of the dog or cat from an attack or assault;
(2) If at the time the person was committing a crime or offense upon the property of the owner or custodian of the dog or cat;
(3) If the person was leasing, tormenting, abusing or assaulting the dog or cat, or in the past had teased, tormented, abused or assaulted the dog or cat;
(4) If the dog or cat was attacked or menaced by the domestic animal, or the domestic animal was on the property of the owner or custodian of the dog or cat;
(5) If the dog or cat was responding to pain or injury, or protecting itself, its kennels or its offspring;
(6) If the person or domestic animal was disturbing the dog’s or cat’s natural functions such as sleeping or eating; or
(7) Neither growling nor barking, nor both, shall alone constitute grounds upon which to find a dog or cat to be DANGEROUS.
HUMANE MANNER. Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal’s size, species and breed.
KENNEL. An establishment kept for the purpose of breeding, selling or boarding dogs or cats, or engaged in training dogs or cats.
LICENSING AUTHORITY. The agency or department of the town, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under the provisions of this subchapter.
LIVESTOCK GUARDING DOGS. Dogs kept for the primary purpose of protecting livestock from predatory attacks.
NEUTERED. Rendered permanently incapable of reproduction.
NUISANCE. A dog or cat which: Damages, soils, defiles or defecates on private property other than the owner’s or on public walks and recreation areas, unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.
OWNER. A person having the right of property or custody of a dog or cat, or who keeps or harbors a dog or cat, or knowingly permits a dog or cat to remain on or about premises occupied by that person.
PERSON. Any individual, corporation, partnership, organization or institution, commonly recognized by laws as a unit.
PET SHOP. An establishment engaged in the business of buying or selling, at retail, dogs or cats or other animals for profit-making purposes.
RESTRAINT. A dog or cat shall be considered under RESTRAINT if it is within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.
TOWN. The Town of Mooresville, Indiana.
(Ord. 1, 2009, passed 5-5-2009)