For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTERED ANIMAL. An animal that has been surgically sterilized to prevent procreation.
ANIMAL. A living vertebrate, domestic or wild, except a human being.
ANIMAL CONTROL OFFICER. An officer of the Fort Wayne Department of Animal Care and Control or any officer of the City of New Haven Police Department who is in communication with the Fort Wayne Department of Animal Care and Control.
ANIMAL CONTROL SHELTER. The municipal facility established for the purpose of animal control care and disposition, as set forth in this chapter, operated by and under the direct supervision of the Fort Wayne Animal Control Commission and the Executive Director of the shelter.
ANIMAL HOARDER. A person who:
(1) (a) Possesses any combination of eight or more cats and/or dogs;
(b) Possess any combination of 15 or more cats, dogs, or other animals including but not limited to: hamsters, chinchillas, hedgehogs, gerbils, guinea pigs, sugar gliders, rabbits, ferrets, mice, rats, lizards, snakes, turtles, birds, excluding fish; and
(2) Fails or is unable to provide adequate food, potable water, and/or sanitary environment as provided in §§ 90.03(A), (C), and (G); and/or
(3) Keeps animals in an overcrowded environment; and/or
(4) Exhibits material disregard for the conditions under which the animals are living and the harmful impact they have on the health and well-being of the animals.
ANIMAL WELFARE ORGANIZATION. A non-profit entity duly organized and existing under applicable state law whose mission is to prevent cruelty to animals, rehome animals, or otherwise promote the cause of animal welfare through legitimate activities approved by the Department.
APPROPRIATE SHELTER. For animals, excluding domestic farm animals, a structure designed specifically to shelter an animal that allows an animal to maintain its body heat. The structure must have a roof, solid floor, three leak- proof sides with no openings to the elements, and a fourth side that provides access in and out of the structure but otherwise protects the animal from the elements. The structure shall be located in an area allowing the animal to remain dry with access outside the structure to dry, mud-free ground.
CATTERY. A person who:
(1) Possesses more than one unaltered cat or more than seven cats, whether or not altered; or
(2) Engages in the business of boarding cats for compensation.
DANGEROUS WILD or DANGEROUS EXOTIC ANIMAL. A wild or exotic animal not indigenous to the State of Indiana, not commonly found as a domestic animal that would create potential risk to public safety including but not limited to: bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal.
DEPARTMENT. The Fort Wayne Department of Animal Care and Control for such time as the Board of Public Works and Safety is engaged in a contract with the Fort Wayne Animal Control Commission, and the City of New Haven Police Department if no such contract is currently in effect.
EXOTIC ANIMAL. An animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii; except fish, and fur-bearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.
HABITUAL ANIMAL OFFENDER. A person who within any three-year period has: been convicted and/or admitted to three or more violations of this chapter in a court of competent jurisdiction. The controlling date for each violation shall be the date of each violation and not the date of the subsequent plea or conviction.
HARBORER. A person who knowingly confines or provides food, water, care, or shelter of any domestic animal.
KENNEL. A person who:
(1) Possesses more than one unaltered dog or more than five dogs, whether or not altered; or
(2) Engages in the business of boarding or training dogs for compensation.
OWNER. A person, who owns, has ownership or custody rights for an animal, or who has harbored such animal or knowingly permits an animal to remain on or about any premises occupied by that person.
PERSON. An individual, firm, corporation or commercial establishment.
PUBLIC NUISANCE. Any animal which:
(1) Interferes with passers-by or passing vehicles;
(2) Attacks other animals or persons;
(3) Strays upon school grounds;
(4) Is repeatedly at large or unrestrained;
(5) Damages private or public property; or
(6) Barks, whines or howls or makes other sounds common to its species in excess.
(Prior Code, § 90.01) (Ord. G-84-27, passed 12-11-1984; Ord. G-21-15, passed 7-30-2021)