For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any living, nonhuman vertebrate creature.
ANIMAL CONTROL OFFICER. Any person appointed by the Board of Public Works and Safety to enforce the terms and provisions of this chapter; or any law enforcement officer of the State of Indiana.
APPROVED RABIES VACCINE. Any vaccine for protecting an animal from contracting rabies approved as effective by the Indiana State Board of Animal Health (BOAH) and by the National Association of State Public Health Veterinarians, Inc. (NASPHV) in the most current version of the annual Compendium of Animal Rabies Prevention and Control.
AT LARGE. Off the premises of the owner and not under the control of the owner or a member of his or her immediate family, either by leash, cord, chain, or other restraint.
CAT. Both male and female members of the feline species.
CITY. City of Mt. Vernon, Indiana.
DANGEROUS ANIMAL. Any animal which, unprovoked, commits an attack upon, harms or kills a person or another domestic animal. A DANGEROUS ANIMAL shall also include any mammal for which there is no approved rabies vaccine.
DOG. Both male and female members of the canine species.
ENFORCEMENT AGENT. Any person designated by the city to enforce the provisions of this chapter.
HARBOR. To suffer or permit any animal to frequent or remain on or within a house, building, premises, or enclosure.
KENNEL. Any facility wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
LIVESTOCK. Any animal raised for, or used in agriculture, including, but not limited to sheep, rams, ewes, lambs, bulls, cows, steers, heifers, calves, swine, boars, sows, piglets, goats, bucks, does,
kids, horses, stallions, mares, foals, mules, jacks, jennets, donkeys, burros, llamas, alpaca, buffalo, deer, elk, ostrich, emu, or any other animals of the bovine, equine, ovine, porcine, lagomorphs, caprine species, as well as poultry, ratites and cervine, that are privately owned and raised in a confined area for breeding stock, food, fiber, and other products.
NUISANCE. Any act of an animal or its owner that irritates, perturbs or damages rights and privileges common to the enjoyment of public or private property or indirectly injures or threatens the safety of a member of the general public. By way of examples and not of limitation, the commissions on the following acts or actions by an animal or by its owner or possessor may hereby being declared a NUISANCE:
(1) Allowing or permitting an animal to habitually bark, whine, howl, mew, crow or cackle in an excessive or continual fashion or make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises;
(2) Allowing or permitting an animal to damage the property of any person other than its owner or caretaker, including to, but not limited to getting into or turning garbage containers or damaging gardens, flowers, plants or other real or personal property or leaving fecal material on the property of another person;
(3) Allowing or permitting an animal to molest, chase, snap at, attack or attempt to attack passers-by, vehicles, other domestic animals or livestock;
(4) Allowing or permitting an animal to habitually or continually roam or be found on property of other than its owners of caretakers, trespassing school grounds, parks or the property of any person;
(5) Allowing or permitting an animal to be housed or restrained within reach of a public street, road, sidewalk or access and, in the discretion of the Animal Control Officer, poses a threat to the general public safety, health and welfare of the general public; and
(6) Allowing or permitting an area to be maintained in an unsanitary condition by the accumulation of animals and/or animal waste so as to be offensive to sight or smell.
OWNER. Any person keeping, owning, or harboring an animal.
POULTRY. All domesticated fowl and all game birds which are legally kept in captivity, including, but not limited to chickens, ducks, guinea fowl, turkeys, geese, peacocks.
RESTRAINT FOR ALL ANIMALS.
(1) For all animals, RESTRAINT shall mean confined to the premises of the owner or, if off of the premises of the owner, under restraint by means of a lead or leash and under the control of a responsible person.
(2) Any tethering system employed in place of a fence shall not allow the animal to leave the owner’s property. The chain or tether must not be made of rope, twine, cord or similar material that can easily be cut or chewed through. Any tethering system shall not be acceptable for any animal declared dangerous.
(3) No chain or tether shall weigh more than 1/8 of the animal’s body weight.
(4) Any chain or tether must be attached to a properly fitting collar or harness worn by the animal as defined in this chapter. A chain, choke, pinch collar or head halter shall not be utilized for tethering purposes. The use of properly fitted head halters shall not apply to livestock.
(5) No dog shall be chained or tethered that has not been spayed or neutered. The dog must be restrained in a protected area.
(6) Spayed or neutered dogs may not be chained or tethered for more than ten continuous hours in any 24-hour period.
RUNNING AT-LARGE. Any animal, not located on the real property of its owner, shall be deemed RUNNING AT-LARGE if it is not under restraint as defined in this chapter.
SCRATCH. Any injury caused by the tearing, puncturing or cutting of the skin caused by nails or claws.
SERVICE ANIMAL. Any animal that is individually trained to perform tasks for a person with a disability such as, but not limited to, guiding people who are blind, alerting people who are deaf, people in wheelchairs, alerting and protecting an individual who is having a seizure, or performing other special tasks. SERVICE ANIMALS are working animals. Any animal employed as a therapy and/or companionship animal shall not be considered as a SERVICE ANIMAL.
(Ord. 12-24, passed 11-15-12; Am. Ord. 2022-08, passed 4-20-22)