For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. To deposit, leave, drop off, or otherwise dispose of any live domestic animal on any public or private property, or leaving an animal for a period in excess of 24 hours, without the animal's owner or the owners designated caretaker providing reasonable care as defined in this chapter and checking on the animal's condition.
ALTERED ANIMAL. Any animal that has been spayed or neutered.
ANIMAL. An organism of the kingdom animalia, distinguished from plants by such characteristics as the poser of locomotion and nonphotosynthetic metabolism, excluding humans to which this chapter does not apply.
ANIMAL CONTROL AUTHORITY. The city/county animal control authority and its governing board established by an interlocal cooperation agreement between the county and the city on May 20, 1999, pursuant to the provisions of I.C. 36-1-7 et seq. for the operation of the New Albany/Floyd County Animal Control and Shelter, which interlocal agreement is ratified, affirmed, and incorporated herein by reference.
ANIMAL CONTROL OFFICER. Any person designated by the animal control authority to enforce the terms and provisions of this chapter, or any law enforcement officer of the state.
ANIMAL SHELTER. For the purposes of this chapter, the term animal shelter shall refer to the New Albany/Floyd County Animal Control and Shelter.
APPROVED RABIES VACCINE. Any vaccine for protecting an animal from contracting rabies approved as effective by the 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.
ATTACK. Any aggressive contact with a human being or another animal that could result in death or injury.
BITE. Any injury caused by the tearing, puncturing, or cutting of the skin caused by teeth or fangs.
CAT. Any domestic feline.
DANGEROUS ANIMAL. Any animal which, unprovoked, commits an attack upon, harms, or kills a person or another animal. A DANGEROUS ANIMAL shall also include any mammal for which there is no approved rabies vaccine.
DOG. Any domestic canine.
DOMESTIC ANIMAL. Any animal whose physiology has been determined and/or manipulated through selective breeding; any of various animals that have been tamed and made fit for a human environment; any mammal, whether or not its physiology has been determined or manipulated through selective breeding, which can be vaccinated against rabies with an approved rabies vaccine. DOMESTIC ANIMALS shall include but not be limited to dogs, cats, birds, rabbits, guinea pigs, rats, mice, hamsters, gerbils, ferrets, chinchillas, fish, reptiles, livestock, equine, and poultry.
ENCLOSURES.
(1) ENCLOSURES FOR ALL ANIMALS.
A fence or structure of sufficient height and construction to prevent the animal from leaving the owner's property. The fence or structure must be in good repair and must be constructed in such a way as to prevent the animal from leaving the owner's property. The enclosure may be required to contain proper shelter and a shaded area. Gates and doors must fit properly and must be locked or secured by a latch that prevents the animal from opening the gate or door. Enclosures for poultry must contain proper shelter and a shaded area.
(2) ENCLOSURES FOR DOGS.
(a) A fence or structure of sufficient height and construction to prevent the animal from leaving the owner's property. The fence or structure must be in good repair and must be constructed in such a way as to prevent the animal from leaving the owner's property. The enclosure must contain proper shelter and a shaded area. Gates and doors must fit properly and must be locked or secured by a latch that prevents the animal from opening the gate or door.
(b) Property enclosed by a buried wire which produces a signal received by a device attached to a collar worn by the animal and prevents the animal from leaving the property of the owner will be considered a proper enclosure, provided that the device and signal are working and the animal does not leave the property unrestrained. The enclosure must contain proper shelter from the weather and a shaded area. This type of enclosure is not acceptable for an unaltered animal, an animal declared a public nuisance, or a dangerous animal.
(3) ENCLOSURES FOR DANGEROUS ANIMALS. A covered fence or fabricated structure at least six feet in height, installed beneath ground level or in concrete or pavement, to prevent digging under it, and with a gravel or concrete floor, sufficient size to allow the animal to stand, sit, and turn around in a natural position, and which allows for adequate exercise for the size/breed being kept. Enclosures shall be designed to prevent the entry of children or unauthorized persons. Enclosures shall be securely locked with a combination or key lock which has been designed to prevent accidental or malicious opening of the enclosure. Enclosures must contain proper shelter and a shaded area and be properly ventilated. The owner's residence, other's existing residence, or storage building are not appropriate enclosures for a dangerous animal, unless approved by the animal shelter. Any structure may be subject to approval by the city building department, and it is the responsibility of the owner to comply with building codes if required.
EQUINE. A horse or other member of the horse family, including but not limited to horses, stallions, colts, geldings, mares, fillies, ponies, miniature horses, donkeys, mules, jacks, and jennies.
EXOTIC ANIMAL. Any animal that is not normally considered to be a domesticated animal as defined in this chapter. Any animal required to have a state and/or federal permit to harbor. This includes but is not limited to nonhuman primates; venomous cold-blooded reptiles; poisonous animals; constrictor snakes three feet or longer; crocodilians five feet or longer; wild or exotic cats such as cheetahs, lions, panthers, leopards, and tigers (excluding feral cats); wolves; bears; sharks; poisonous spiders and insects; elephants; camels; wild animals such as but not limited to skunks, raccoons, coyotes, weasels, opossum, foxes, minks, muskrats, squirrels, and beavers.
HARBORING. The actions of any person that permit any animal to lodge or to be fed within his/her home, store, enclosure, yard, or place of business or any premises which the person owns, or in which the person resides, or over which the person has possession or control. An animal shall be presumed HARBORED if it is fed or sheltered for three consecutive days.
HUNTING. The pursuit of any wild animal or bird licensed and regulated under I.C. 14-22-11-1 or any successor provision to that statute. A HUNTER is a person engaged in hunting and is in possession of a valid state hunting license.
IMPOUNDED. Taken into custody of an animal control officer and/or taken to the animal shelter.
LEAD or LEASH. A devise used for humanely restraining an animal.
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, llamas, alpaca, buffalo, deer, elks, ostriches, emus, or any other animals that are privately owned and raised in a confined area for breeding stock, food, fiber, and/or other products.
MICROCHIP. A passive transponder which can be implanted into an animal and which is a component of a radio frequency identification (RFID) system. [Note: The microchip in use in the county and surrounding communities is a 125 mz microchip, and it is the standard being adopted throughout the nation. Whenever a microchip is referred to or required under this chapter, nothing other than a 125 mz microchip will satisfy this section.]
NEGLECT. Any reckless or negligent act or omission which results in a domestic or exotic animal not receiving adequate shelter, food, water, or in a domestic or exotic animal not receiving necessary veterinary care, or in a domestic or exotic animal housed in unhealthy living conditions.
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 of the following acts or actions by an animal or by its owner or possessor may hereby be 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 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, or other domestic animals.
(4) Allowing or permitting an animal to habitually or continually roam or be found on property of other than its owners or caretakers, or 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 genera] public safety, health, and/or welfare of the general public.
(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 owning, keeping, harboring, or having control or custody of animals within the jurisdiction of this chapter, provided that in the event that a minor person shall be determined the owner of the animal, the parent or guardian of such minor person shall be responsible to ensure compliance with the terms and provisions of this chapter and shall be liable for any non-compliance herewith.
POULTRY. All domesticated fowl, including but not limited to chickens, ducks, guinea fowl, turkeys, geese, peacocks.
QUARANTINE. Humane confinement of an animal in a building which prevents the animal coming into contact with any animal or human being other than the owner or caretaker.
RESTRAINT. Includes but not limited to 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.
REASONABLE CARE. That degree of care which a reasonable and prudent person would, under the same or similar circumstances, render to an animal to prevent injury, to care for an existing injury, or to prevent death.
RUNNING AT-LARGE. Any domestic or exotic 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.
SEVERE ATTACK. An unprovoked attack in an aggressive manner upon a human, in which the victim suffered a bite or was shaken violently or which caused serious physical trauma or death.
SHELTER. A structure designed specifically to shelter an animal, with a roof and three sides free of leaks or openings, to the wind and precipitation, and a fourth side allowing access that is protected from the elements. The SHELTER shall provide reasonable protection from inclement weather and extreme temperatures. The structure shall be physically located in a dry area allowing the animal access outside the structure to dry ground that is mud free. It shall be cleaned and maintained regularly so as to prevent the accumulation of waste, debris, and offensive odors.
STRAY. Any animal found on public or private property and not under restraint as defined in this chapter. Any abandoned animal not under restraint as defined in this chapter.
TETHER. A restraint fastened humanely to an animal so as to keep it within certain bounds and limited freedom. TETHERS shall be made of a chain, cable, or similar material. TETHERS must not be made of rope, twine, cord, or similar material that can easily be cut or chewed through.
UNALTERED ANIMAL. Any animal that has not been spayed or neutered.
(Ord. G-13-11, passed 5-16-2013)