For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention to terminate his ownership, but without vesting possession in any other person. The failure to make adequate provision of food, water and/or shelter shall be prima facie evidence of abandonment.
ANIMAL CONTROL OFFICER. The Animal Control Officer shall be the Town Marshal, the Deputy Town Marshals, the Reserve Town Marshals, Building Commissioner, or any other person so appointed by the Town Council.
ANIMAL SHELTER; ANIMAL POUND. Any facility operated by a humane society or governmental agency, or its authorized agents for purpose of impounding or caring for animals held under the authority of this chapter.
AT LARGE. Off the premises of the owner while not under the control of the owner or other person by leash, cord, chain or other device of actual physical restraint or under the control of the accompanying owner or other person who has the ability to control the dog or cat by voice command.
BIRDS OF PREY. Members of the Accipitridae, Aquila, Haliaeetus, Falconiformes, Accipiter, and Buteo family.
DANGEROUS. Able or apt to harm.
EXOTIC. Any animal not naturally found in the state.
IDENTIFIED COMPLAINT. A complaint in which the identity of the complainant is known to the Animal Control Officer and whose identity will not be made public but held confidential.
KENNEL, COMMERCIAL. 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.
NUISANCE. Any one or more of the following conditions:
(1) A condition which arises by a dog, cat or other animal chasing persons, bicycles, automobiles or other moving vehicles on the streets or sidewalks or any other public area of the town;
(2) A condition which arises by a dog, cat or other animal destroying, defacing or damaging shrubbery, lawns or flowers which results in the general nuisance of citizens in the neighborhood where such dog, cat or other animals are harbored;
(3) A condition which arises by a dog barking consistently so as to disturb the peace of the neighborhood;
(4) A condition which arises from the accumulation of animal excreta on the property of the owner, public or any other citizen so as to cause an obnoxious odor, or create a situation which could draw or breed insects, attract vermin or cause a health nuisance;
(5) Any dog on which the tax has not been paid on and after June 15 of each year.
OFFICIAL WARNING. A written notice or warning based upon an identified complaint and given to the owner of a dog, cat or other animal by the Animal Control Officer.
OWNER. Any person owning, keeping or harboring a dog, cat or other animal for a period of 48 hours or longer.
PET SHOP. Any person, partnership, corporation or any other business entity other than a licensed kennel, that buys or sells any species of animal.
REPTILE. Any member of a large group of air-breathing scaly vertebrates, including but not limited to snakes, alligators, or turtles.
RUNNING IN PACK. Three or more dogs, cats or other animals at large together, which, by repeated or continual presence, constitute a physical danger to a neighborhood, livestock, personal or real property.
VICIOUS ANIMAL. Any animal that has been known to have bitten or otherwise physically molested or inflicted a personal injury upon a human being without provocation; or an animal who promiscuously attacks other animals; or any animal otherwise defined in the Indiana Code.
WARM-BLOODED ANIMAL. Any animal that maintains a constant body temperature; all mammals, including dogs, cats, and rabbits.
(Ord. 111799, passed 12-15-1999)