For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any dog, cat or other domesticated animal.
ANIMAL SHELTER. The facility operated and maintained by the Humane Society for humane restraining and impounding of animals seized under the authority of this chapter.
AT LARGE. Elsewhere than premises under the ownership, control or possession of the owner and either:
(1) Not restrained by a leash; or
(2) Not under the immediate and complete physical control of a person capable of controlling the animal.
CAT. Any domestic member of the feline family of animals.
DANGEROUS ANIMAL.
(1) Any animal which:
(a) Has attacked or bitten another animal while off the property of its owner, its owner’s agent or its keeper;
(b) Has attacked, attempted to attack, bitten or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner’s agent or its keeper;
(c) Has a history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;
(d) Has a known propensity, tendency or disposition to attack, to cause injury or to otherwise threaten or endanger the safety of humans or domestic animals;
(e) Has been found to be at large and has been documented to be at large by the Humane Officer on three or more separate occasions in a 12-month period; or
(f) Has been determined to be an American pit bull terrier.
(2) No animal, except an American pit bull terrier, shall be considered a DANGEROUS ANIMAL if the animal causes injury or damage to a person while that person is:
(a) Committing or attempting to commit a criminal offense against the owner or agent of the owner;
(b) Committing a criminal trespass upon the premises occupied by the owner, agent or keeper of the animal; or
(c) Teasing, tormenting, abusing or assaulting the animal.
(3) No K-9 patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a DANGEROUS ANIMAL when used in the line of duty or for law enforcement purposes.
DOG. Any domestic member of the canine family of animals.
EMOTIONAL SUPPORT OR COMPANION ANIMAL. Pursuant to I.C. 22-9-7-6, an animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one symptom of the disability.
EXPOSED TO RABIES. The situation that exists when an animal has been bitten by or otherwise has been in contact with any other animal known to be, or reasonably suspected of being, infected with rabies.
HUMANE OFFICER. The officer to whom authority is delegated by the Town Council to enforce the provisions of this chapter. The OFFICER shall be an employee of the Humane Society.
HUMANE SOCIETY. The Humane Society of Clinton County, Inc., a not-for-profit corporation organized under the laws of the state, with its principal office at Frankfort, Indiana.
OWNER. Any person, firm or corporation owning or having the care, possession or control of any animal.
SERVICE ANIMAL. Pursuant to 28 C.F.R. § 35.104 and I.C. 16-32-3-1.5, any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not SERVICE ANIMALS for the purposes of this definition. The work or tasks performed by a SERVICE ANIMAL must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting the individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. This definition provides for animals trained as hearing animals, guide animals, assistance animals, seizure alert animals, mobility animals, psychiatric service animals and autism service animals.
(Prior Code, § 90.01) (Ord. 1999-123, passed 2-2-1999; Ord. 2010-179, passed 10-26-2010; Ord. 2022-059, passed 10-17-2022)