§ 90.02  DEFINITIONS.
   For the purpose of this chapter, the following words, terms, phrases, and definitions shall, have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning.
   "ABANDONED." To desert any animal or leave any animals without making provisions for long-term care of that animal or to leave in a place without the expressed permission of the property owner, custodian or tenant of the property.
   "ACCLIMATED." The point at which an animal has adapted to a new temperature, climate, or environment. Factors such as body size and shape, hair coat, body condition, and the animal's overall health greatly influence the time required for an animal to acclimate to these high or low temperatures.
   "ADULT DOG/CAT." Any dog or cat that is three (3) months of age or older for the purposes of rabies vaccinations/tags.
   "ALTERED ANIMAL." Any animal that has undergone surgery or operation to prevent it from procreating.
   "ANIMAL." Every living non-human vertebrate creature.
   "ANIMAL CONTROL OFFICER." Any person who is authorized to implement and enforce city animal care and control ordinances and as defined herein.
   "ANIMAL CRUELTY." Intentional or malicious act(s) whereby unnecessary or unjustifiable pain, suffering or death is caused.
   "ANIMAL HOARDING."
      (1)   Collecting animals and failing to provide them with adequate shelter and care;
      (2)   Collecting dead animals that are not properly disposed of; and/or
      (3)   Collecting, housing or harboring animals in filthy, insanitary conditions that constitute a health hazard to the animals being kept, to the individual(s) residing at the property, or to the animals or residents of an adjacent property.
   "ANIMAL NEGLECT." Has the same definition as found in IC 35-46-3.5(4).
   "APPROVED/COMMERCIAL BREEDERS." Persons who focus their efforts on the health and betterment of the breed and operate with less than twenty (20) unaltered female dogs that are at least twelve (12) months of age. Approved breeders shall follow the AKC's Guidelines for Responsible Breeding including but not limited to:
      (1)   Provide adequate care, shelter, space, and veterinary care to all breeding dogs and puppies as defined in this chapter;
      (2)   Screen buyers to ensure they can afford appropriate care and provide puppies a safe home;
      (3)   Require a purchase contract informing Noblesville City residents of the mandatory spay and neuter ordinance and free breeder's permit option;
      (4)   Require the return to breeder policy should the purchaser be unable to keep the puppy for any reason; and
      (5)   Obtain a breeder's permit from the Hamilton County Animal Control Department.
   "ANIMAL SHELTER." Any facility operated by a municipal agency or its authorized agents, or a humane society incorporated under the laws of the state, for the purpose of holding and/or impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia.
   "AT LARGE." Off the premises of the person owning, keeping, or harboring an animal and while off such premises, not under control of such person or person's agent member either by leash, cord, chain, or other physical restraint.
   "AUCTION." A commercial animal establishment where animals are regularly bought, sold, traded, etc., through a bidding process; i.e., a flea market.
   "AUTHORIZED VETERINARIAN." Any person licensed or permitted to practice veterinary medicine under the laws of the state.
   "BACKYARD BREEDERS."
      (1)   Individuals who allow for the careless home breeding of more than one (1) female dog at a time;
      (2)   Individuals with less than two (2) unaltered female dogs that are at least twelve (12) months of age, that do not adhere to good breeding and sale practices or do not provide dogs and/or puppies adequate care as defined in this chapter;
      (3)   Individuals who sell un-weaned (under eight (8) weeks old) and/or diseased puppies;
      (4)   Individuals who breed more than one (1) female dog, for commercial reasons, that have not obtained a commercial breeder's permit from the Hamilton County Animal Control Department;
      (5)   This definition does not apply to humane societies, rescue groups, or foster homes.
   "BAIT." Using an animal as a lure to provoke an attack upon that animal for the purpose of dog fighting or to cause the intentional harm or death of that animal.
   "CARE (ADEQUATE AND HUMANE)." Providing an animal with the following:
      (1)   Adequate food and water;
      (2)   Adequate shelter;
      (3)   Adequate space; and
      (4)   Adequate veterinary care, as defined in this chapter, necessary to maintain the health of the animal with regard to its specific age, size, species and breed.
   "CIRCUS." A commercial animal establishment variety show featuring animals as public entertainment.
   "COLONY." A group of one (1) or more feral cats, whether unmanaged or managed.
   "COLONY CARETAKER." An authorized person who provides food, water, shelter, rabies vaccinations and spay/neuter surgery for feral cats in a registered/managed colony.
   "COMMERCIAL ANIMAL ESTABLISHMENT." Any pet shop, auction, flea market, riding school or stable, pet grooming shop, zoological park, circus, kennel, or veterinary hospital/clinic.
   "COMPETENT PERSON." A person possessing the ability and proficiency to identify when an animal is in danger and/or exhibiting signs of suffering or distress, as well as the ability to adequately intervene.
   "DIRECT CONTROL." Immediate and continuous physical control of an animal (excluding herding dogs; dogs in the process of hunting; police dogs; service 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 specifically 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 clearly and fully within unobstructed sight and hearing of the animal, but in no case to exceed one hundred (100) feet. Oral control shall at all times prevent the animal from running at large or otherwise violating this chapter.
   "DOMESTIC ANIMAL." Animals that are habituated to live in or about the habitations of people and contribute to the support of a family or which may normally be held, sold, or maintained as a pet. For the purposes of this chapter, a domestic animal is any animal that is a member of one of the following species: dog, cat, horse, donkey, pig, sheep, rabbit, mouse, rat, reptiles (snake, lizard, turtle), guinea pig, chinchilla, hamster, gerbil, goat, ferret, bird, sugar glider.
   "FERAL CAT." Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable and unable to be approached or handled.
   "GARBAGE." Includes, but is not limited to, animal or vegetable refuse, by-product of a restaurant, kitchen or meat/poultry processing establishment, spoiled/rancid food and refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise that is normally discarded.
   "GROOMING ESTABLISHMENT." A commercial establishment stationary or mobile that accepts private pets for bathing, clipping, dipping, pedicuring or other related services, but not to include breeding, dentistry or overnight boarding.
   "GUARD DOG/WATCH DOG." Trained by a recognized training facility, as defined in this chapter, for the purpose of protecting individuals from assault and/or preventing property loss or damage.
   "GUIDE DOG." Properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons and that is being used by a person to assist in that physical impairment.
   "HARBORER/CAREGIVER." Any person who performs acts of providing care, shelter, protection, restraint, refuge, food or nourishment in such a manner as to control an animal's activities.
   "HUMANE SOCIETY." An incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals located in Hamilton County, Indiana.
   "HUMANE TRAP." Any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal.
   "IMMINENT DANGER." An immediate threat of harm.
   "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.
   "INDIVIDUAL BREEDER PERMIT." Permit issued by the Noblesville Police Department for the purpose of an individual to keep an unaltered dog or cat in the Noblesville city limits. This will allow an individual to breed a single dog or cat with another single dog or cat for individual use of the offspring.
   "INHUMANE TRAP." Any device used for capturing an animal that may inflict injury or pain; including but not limited to snares, leg traps or similar devices.
   "LIVESTOCK." Includes horses, cows, goats, pigs or any other four-legged animal, excluding dogs and cats, used for pleasure or profit. Fowl are expressly included within this definition.
   "MANAGED COLONY." A colony of feral cats that are registered with the humane society, or designee and is maintained by a colony caretaker using trap-neuter-release (TNR).
   "MONITORED." An animal is controlled by means of a leash or other device held by a competent person, or is sufficiently near the owner or handler as to be under his or her direct control as defined in this chapter, and is obedient to that person's command; is on or within a vehicle being driven or parked; or is confined to the owner or handler's property and within visual range of a competent person.
   "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 care or who permits an animal to remain on or about his premises for thirty (30) consecutive days or more; provided, however, this shall not include a person hired or acting as custodian of the animal for its owner, and shall not include colony caretakers of registered colonies of feral cats. A minor is not an owner under this chapter.
   "PET SHOP." A commercial animal establishment engaging in the retail sale of animals.
   "POLICE OFFICER." Any law enforcement officer of the Noblesville Police Department empowered to make arrests or cause to be issued summonses in incorporated areas of the city.
   "PROVOKE." Cause an occurrence or make something happen resulting in an animal becoming angry or violent.
   "PUPPY." Any dog that is under the age of three (3) months for the purposes of rabies vaccinations/tags.
   "PUPPY MILL." Any sized commercial animal establishment that breeds more than one (1) female dog at a time and does not adhere to good breeding, care and sale practices. Different than a "BACKYARD BREEDER," puppy mills are commercial operations that:
      (1)   Sell puppies without screening of the purchaser;
      (2)   Sell un-weaned (under eight (8) weeks of age) or diseased puppies;
      (3)   Isolate breeding dogs from human interaction in unhealthy, often deplorable, conditions;
      (4)   House breeding dogs in crates, kennels, trailers, garages, barns, etc., without access to light or exercise; or
      (5)   Do not provide adequate shelter, food, water, space, or veterinary care as defined in this chapter.
   "RECOGNIZED TRAINING FACILITY." Any person holding a state kennel license and a business license for either of the purposes described in this definition.
   "RIDING SCHOOL/STABLE." A commercial pet establishment that has available for hire, boarding or riding instruction any horse, burro, donkey, pony or mule.
   "SHELTER (ADEQUATE)." Providing protective cover for a domestic animal appropriate for its species and offering adequate space to ensure the animal's safety and good health. Adequate shelter should:
      (1)   Be structurally sound, maintained in good repair, and constructed with material that protects the animal from injury;
      (2)   Allow the animal easy access in and out;
      (3)   Have a weather resistant top, bottom, and sides;
      (4)   Have an opening on no more than one side that allows the animal to remain dry and have a floor that is level, dry, and raised, if necessary, to prevent water/snow from entering the structure;
      (5)   Have a solid roof sloped away from the entrance, be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests;
      (6)   Be of adequate size to allow the animal to stand erect with the animal's head up, turn around easily, and to sit and lie down in a comfortable and normal position;
      (7)   When the temperature is eighty (80) degrees or higher, or whenever appropriate for a particular dog's breed, age, body and health condition, offer adequate shade during daylight hours - provided by trees, a tarp or other means - that prevents overheating or discomfort to the animal; and
      (8)   When the temperature is forty (40) degrees or lower, or whenever appropriate for a particular dog's breed, age, body and health condition, include sufficient, dry bedding material or other means of protection from the weather that will allow the animal to retain body heat when the weather is colder than what an animal of that breed and condition can comfortably tolerate.
   "SPACE (ADEQUATE)." Any area in which an animal is confined should be suitable for the animal's species, size, age, and breed, allowing the animal to turn about freely, stand, sit, lie, and move comfortably and in a normal position. Sick and injured animals should be confined as directed by a veterinarian.
   "TUFTS ANIMAL CARE AND CONDITION SCALES (TACE)." Tufts Animal Care and Condition Scales are scales developed for use by veterinarians, animal control officers, police, and cruelty investigators by Tufts Center for Animals and Public Policy for the purpose of assessing body condition, weather and environmental safety, and physical care in dogs.
   "UNSANITARY CONDITIONS." Animal housing or quarters, including exercise areas, that are contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animal's health, including but not limited to:
      (1)   Excessive animal waste, garbage and trash;
      (2)   Standing  water or mud;
      (3)   Rancid/contaminated food or water;
      (4)   Fumes, foul or noxious odor, air, hazardous chemicals or poisons;
      (5)   Decaying material;
      (6)   Uncontrolled parasite or rodent infestation; or
      (7)   Areas that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal.
   "VENTILATION (ADEQUATE)." Fresh air sufficient to provide for the health of an animal.
   "VETERINARY CARE (ADEQUATE)." Care provided under the direction of a licensed veterinarian and includes medical care necessary to maintain an animal's health and prevent unnecessary suffering. Adequate care is based on age, species and breed, and the potential for a disease or condition to spread to other animals or humans, including but not limited to:
      (1)   Ongoing infections;
      (2)   Infestation of parasites;
      (3)   Any disease; or
      (4)   Any medical condition or injury where withholding or neglecting to provide such care would endanger the health or welfare of the animal.
   "VETERINARY HOSPITAL." A commercial animal establishment maintained and operated by a licensed veterinarian for surgery, disease diagnosis, and treatment of disease and injuries of animals.
   "VICIOUS 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 vicious 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 or keeper 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.
   "WATER (ADEQUATE)." Water that is clean, fresh, potable water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal's health. Snow, ice, rancid or contaminated water are excluded from the definition of adequate water.
   "ZOOLOGICAL PARK." A commercial animal establishment displaying or exhibiting, without the primary purpose of selling, one or more species of non-domesticated animals operated by a person or governmental agency.
(Ord. 09-02-21, passed 2-23-21)