For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To deposit, leave, drop off, or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under § 94.02.
A.D.B.A. American Dog Breeders Association.
AGENT. Any person 18 years or older who is authorized by the animal’s owner to act on the owner’s behalf with respect to his or her animal(s).
A.K.C. American Kennel Club.
ALTERED ANIMAL. Any animal that has been operated on to prevent it from procreating.
ANIMAL. Any live, nonhuman, vertebrate, or invertebrate creature that is domestic, wild, or exotic.
ANIMAL CONTROL AGENCY. Any governmental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the town.
ANIMAL CONTROL OFFICER. A person authorized to carry out the provisions of this chapter.
ANIMAL PERFORMANCES OR EXHIBITIONS. Any spectacle, performance, display, act, exhibition, or event in which an animal or animals are used.
ANIMAL SHELTER. A facility or vehicle operated by a governmental or private entity for the temporary care, confinement, detention, and humane treatment of animals.
AT LARGE. An animal that is:
(1) Not on a leash and is off the property of its owner, its owner’s agent, or its keeper;
(2) On a leash that does not adequately confine the animal to the property of its owner, its owner’s agent, or its keeper; or
(3) On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.
AUCTION. Any place or facility where animals are regularly bought, sold, or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.
BITE. To seize, tear, wound, or cut with the teeth, resulting in a break in the skin.
BREEDER. Any person or for-profit business or corporation, which harbors or keeps dogs or cats, and allows or causes those animals to procreate, for the purpose of selling the offspring.
CONTROLLED ANIMAL. Any animal not defined as a domestic animal in this chapter, with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine, and whose possession requires a valid town controlled animal permit. CONTROLLED ANIMALS shall include, but not be limited to, the following:
(1) All poisonous animals, including rear-fang snakes;
(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus);
(3) Baboons (Papio, Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx jubatus);
(7) Crocodilians (Crocodilia);
(8) Constrictor snakes, such as boa, python, and anaconda;
(9) Coyotes (Canis latrans);
(10) Deer (Cervidae), including all members of the deer family, such as white-tailed deer, elk, antelope and moose;
(11) Elephants (Elephas and Loxodonta);
(12) Gamecocks and other fighting birds;
(13) Hippopotami (Hippopotamidae);
(14) Hyenas (Hyaenidae);
(15) Jaguars (Panthera onca);
(16) Leopards (Panthera pardus);
(17) Lions (Panthera leo);
(18) Lynxes (Lynx);
(19) Monkeys;
(20) Ostriches (Struthio);
(21) Piranha fish (Characidae);
(22) Pumas (Felis concolor), also known as cougars, mountain lions, and panthers;
(23) Rhinoceroses (Rhinocerotidae);
(24) Sharks (class Chondrichthyes);
(25) Snow leopards (Panthera uncia);
(26) Spiders and insects which are poisonous;
(27) Tigers (Panthera tigris); or
(27) Wolves (Canis lupus).
CRIMINAL TRESPASS.
(1) (a) Not having a contractual interest in the property, knowingly or intentionally entering the real property of another person after having been denied entry by the other person or his or her agent;
(b) Not having a contractual interest in the property, knowingly or intentionally refusing to leave the real property of another person after having been asked to leave by the other person or his or her agent;
(c) Accompanying another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the other vehicle;
(d) Knowingly or intentionally interfering with the possession or use of the property of another person without his or her consent; or
(e) Not having a contractual interest in the property, knowingly or intentionally entering the dwelling of another person without his or her consent.
(2) For purposes of this chapter, a person has been denied entry if the denial was by means of personal communication, oral or written, or by putting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.
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; or
(e) Has been found to be at large and has been documented to be at large by an Animal Control Officer on 3 or more separate occasions in a 12-month period.
(2) No animal 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 law enforcement 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.
DESIGNEE. A person, organization, or entity selected, appointed, or nominated for a particular purpose or duty.
DOMESTIC ANIMAL. Any animal that is a member of 1 of the following species:
(1) Dog (Canis familiaris);
(2) Cat (Felis cattus or Felis domesticus);
(3) Cattle (Bos domesticus, Bos taurus, or Bos indicus);
(4) Horse (Equus caballus);
(4) Donkey (Equus asinus);
(5) Sheep (Ovis aries);
(6) Goat (Capra hircus);
(7) Rabbit (Oryctolagus cuniculus);
(8) Mouse (Mus musculus);
(9) Rat (Rattus);
(10) Guinea pig (Cavis procellus);
(11) Hamster (Mesocricetus auratus);
(12) Gerbil (Gerbillus);
(13) Cow or ox (bovine);
(14) Pigeon, homing or racing;
(15) Chicken, turkey, goose, duck;
(16) Swine;
(17) Chinchillas;
(18) Mink;
(19) Ferrets;
(20) Bisons;
(21) Llamas; and
(22) All other animals defined in state law.
EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii. This definition does not include fish, fur-bearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.
EXPOSED TO RABIES. Any human or nonhuman, warm-blooded mammal that has been bitten or exposed to any other animal known or reasonably suspected to have been infected with rabies.
FIGHT. A conflict between 2 or more animals that is intentionally organized for that purpose.
FOWL. Any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.
HARBORING. The actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one’s home, store, enclosure, yard, or place of business or any premises on which the person resides or controls. An animal shall be presumed HARBORED if it is fed or sheltered for 3 consecutive days or more.
HUMANE OFFICER. Any person or agency designated by the state or the town as a person who is qualified to perform the duties required by the law of this town and state regarding animals.
K-9 PATROL DOGS OR LAW ENFORCEMENT DOGS. A professionally trained dog used by law enforcement officers for law enforcement purposes and activities.
KEEPER. Any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling, or caring for the animal. A person shall be construed as a KEEPER of an animal even if he or she does not have the owner’s permission.
KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping more than 3 dogs for the purpose of hire, training for a fee, or selling.
LEASH. A cord, chain, rope, strap, or other physical restraint.
MICROCHIP. A tiny computer chip, implanted underneath the skin of an animal that contains identification information relating to that animal.
MUZZLE. A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.
NIP. To pinch or squeeze with the teeth without breaking the skin or damaging any tissue.
NOT-FOR-PROFIT. A business, association, or entity established or organized as a NOT-FOR-PROFIT corporation under state law or recognized as NOT-FOR-PROFIT by the Internal Revenue Service or the State Department of Revenue. FOR-PROFIT means all other types of businesses, associations, or entities.
OFF PROPERTY. Beyond the legal boundaries of the real property on which the owner, agent, or keeper resides.
OWNER. Any person 18 years of age or older having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter.
PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act, or exhibit or event other than a circus, in which performing animals are used.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise, which sells or barters animals.
PROVOKED. To deliberately arouse, incite, or excite.
PUBLIC NUISANCE. Any animal that endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include, but not be limited to:
(1) Any animal found running at large;
(2) Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(3) Any animal that chases or interferes with motor vehicles in a public right-of-way;
(4) Any animal that attacks other animals;
(5) Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;
(6) Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(8) Any animal in heat that is not confined or restrained so as to prevent attraction or contact with other animals;
(9) Any animal in any section of a public park, playground, schoolyard, or other recreational area that is found running at large;
(10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(11) Any animal that trespasses on the private property of persons other than the owner of the animal; or
(12) Any animal determined to be a dangerous animal.
RABIES VACCINATION. An injection, licensed by the U.S.D.A. and approved by the Indiana State Board of Health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.
RESTRAINT. The securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.
RIDING SCHOOL or STABLE. Any place that provides, for a fee, boarding and/or riding instruction for a horse, pony, donkey, mule, or burro.
RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding.
SERIOUS INJURY OR DEATH.
(1) Any bodily injury, which is caused by an animal and is medically documented, that:
(a) Creates a substantial risk of death;
(b) Causes serious permanent disfigurement, unconsciousness, or extreme pain; or
(c) Results in a permanent or protracted loss or impairment of a bodily member organ.
(2) This definition shall not includes any nip from an animal.
SERVICE DOGS. Any dog that is trained to assist a disabled person.
STRAY. Any animal that is not under restraint and/or upon reasonable inquiry by an Animal Control Officer does not appear to have an owner.
U.K.C. United Kennel Club.
UNCONFINED DANGEROUS ANIMAL. A dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent, or keeper of the animal.
UNPROVOKED. Without incitement or stimulation.
U.S.D.A. United States Department of Agriculture.
VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.
WILD ANIMAL. Any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.
(Ord. 1154, passed 9-12-2006)