For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Every living dumb creature, both domestic and wild.
ANIMAL CONTROL OFFICER. Any person who is authorized to implement and enforce the town’s animal care and control ordinances and as defined in state statutes.
AUTHORIZED VETERINARIAN CLINIC. Any person licensed or permitted to practice veterinary medicine under the laws of the state and such person shall have no previous incidents where money collected from the sale of rabies or license tags has been used or handled inappropriately or illegally.
DIRECT CONTROL. Immediate and continuous physical control of an animal (excluding herding dogs; dogs in the process of hunting; police dogs; dogs participating in a registered field trial, obedience trial and confirmation show and/or match), at all times, such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. When an animal is effectively trained to immediately respond to oral or visual commands, the term DIRECT CONTROL includes oral or visual control if the controlling person is at all times within 100 feet of and can be clearly and fully seen and heard by the animal.
DOG OR CAT RUNNING AT LARGE. Any dog or cat that is not under direct control or confined within the property limits of its owner. Hunting dogs are under the control of the owner when hunting with the landowner’s permission.
DOMESTIC ANIMAL. A dog, cat or any other animal such as a rabbit, guinea pig, lizard, iguana, hamster, ferret, mouse, snake (non-venomous), spider, bird or gerbil, or other animal that is customarily kept as a pet. “Livestock”, as that term is defined herein, are not considered DOMESTIC ANIMALS.
EXOTIC ANIMAL. Any animal that is not a domestic animal, as that term is defined herein, including, specifically, livestock.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an Animal Control Officer or other officer empowered to act by law and transporting it to an animal control facility or humane society.
LIVESTOCK. Includes horses, cows, goats, chickens, ducks, other poultry, pigs (of all types and breeds), sheep and other typical farm animals, excluding dogs and cats, kept for pleasure or profit.
OWNER. Any person who owns, harbors, keeps, feeds, maintains, has lawful possession of or knowingly causes or knowingly permits an animal to be harbored or kept or has an animal in his or her care or who permits an animal to remain on or about his or her premises; provided, however, this shall not include a person hired or acting as custodian of the animal for its OWNER.
POLICE OFFICER. Any law enforcement officer empowered to make arrests or cause to be issued summonses in the incorporated areas of the town.
TOWN. The incorporated area of the Town of New Whiteland, Indiana.
VICIOUS ANIMAL and DANGEROUS ANIMAL. Any animal that attacks, bites or injures human beings, pets, companion animals or livestock or which, because of temperament, conditioning or training, has a known propensity to attack, bite or injure human beings, pets, companion animals or livestock. No dog may be declared dangerous if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. The definition shall not be construed to include dogs that are part of a governmental organization or a trained guard dog in performance of its duties.
WILD ANIMAL. One that lives in the wild or is not domesticated. This chapter is not intended to regulate wild and/or exotic animals. Regulation of WILD AND/OR EXOTIC ANIMALS is governed through the state (312 I.A.C. Art. 9, Fish and Wildlife).
(Ord. 2016-12, passed 9-6-2016)