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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“ABANDONED ANIMAL.” Any domesticated animal which shall have been placed upon public property or within a public building unattended or uncared for or upon or within the private property of another without the express permission of the owner, custodian or tenant of the private property, and which is unattended or uncared for.
“ADULT DOG” and “ADULT CAT.” Any dog or cat that is three months of age or older for the purposes of rabies vaccinations/tags.
“ANIMAL.” Every living non-human creature, both domestic and wild.
“ANIMAL CONTROL OFFICER.” Any person who is authorized to implement and enforce town animal care and control ordinances and as defined in state statues.
“AUCTION.” A commercial animal establishment where animals are regularly bought or sold, traded, etc., i.e., a flea market.
“AUTHORIZED VETERINARIAN CLINIC.” Any person licensed or permitted to practice veterinary medicine under the laws of the state, and such person shall have had no previous incidents where money collected from the sale of rabies or license tags has been used or handled inappropriately or illegally.
“CIRCUS.” A commercial animal establishment variety show featuring animals as public entertainment.
“COLONY.” A group of one or more feral cats, whether unmanaged or managed.
“COLONY CARETAKER.” An authorized person who provides food, water and shelter for feral cats in a registered colony.
“COMMERCIAL ANIMAL ESTABLISHMENT.” Any pet shop, auction, flea market, riding school or stable, pet grooming shop, zoological park, circus, kennel, or veterinary hospital.
“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 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 100 feet. Oral control shall at all times prevent the animal from running at large or otherwise violating this chapter.
“DOGS RUNNING AT LARGE.” Any dog not under immediate control, not on a leash, not at heel, not beside a competent person, not in a vehicle driven or parked, or not confined within the property limits of his or her 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, spider, bird, or gerbil, which may normally be held, sold, or maintained as a pet.
“FERAL CAT.” Any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable and unable to be approached or handled.
“GROOMING ESTABLISHMENT.” Any place of business, stationary or mobile, which accepts private pets for bathing, clipping, dipping, pedicuring or other related services, but not to include breeding, dentistry or overnight boarding.
“GUARD DOG” and “WATCHDOG.” Any dog trained by a recognized training facility for the purpose of protecting individuals from assault and/or preventing property loss or damage. The term "RECOGNIZED TRAINING FACILITY” means any person holding a state kennel license and a business license for either of the purposes described in this definition.
“GUIDE DOG.” A properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons and that is actually being used by a person to assist in that physical impairment.
“HARBORER” and “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. A humane society accepts members from the public at large, and the controlling board is elected by the general membership. A humane society operates from a business facility on commercially zoned property and has advertised and set hours for public access.
“HUMANE TRAP.” Any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal. Snares, leg traps or similar devices are considered inhumane and shall not be used.
“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.
“KENNEL” and “CATTERY.” Any place in which more than three dogs or more than three cats are kept.
“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 and town, or their respective designee, and is maintained by a colony caretaker in a location approved by the town using trap, neuter, return methodology.
“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, and shall not include colony caretakers of registered colonies of feral cats.
“PET SHOP.” A commercial animal establishment engaging in the retail sale of animals.
“POLICE OFFICER.” Any law enforcement officer empowered to make arrests or cause to be issued summonses in unincorporated areas of the town.
“RIDING SCHOOL” or “STABLE.” A commercial pet establishment that has available for hire, boarding and/or riding instruction any horse, burro, donkey, pony or mule.
“RUNNING AT LARGE.” Any dog or cat that leaves or strays from the land owned, rented or leased by the owner or possessor of the dog or cat.
“TOWN.” The incorporated areas of the Town of Pendleton, Indiana.
“VETERINARY HOSPITAL.” A commercial animal establishment maintained and operated by a licensed veterinarian for surgery, disease diagnosis, treatment of disease and injuries of animal.
“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 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.
“ZOOLOGICAL PARK.” A commercial animal establishment displaying or exhibiting, without the primary purpose of selling, one or more species of non-domesticated animal operated by a person or governmental agency.
(Ord. 2015-03, passed 4-9-15)