For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To desert an animal or to leave the animal permanently in a place without making provision for adequate long-term care of the animal or otherwise dispose of any live animal on public or private property. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
AGENT. Person(s) 18 years or older authorized by an owner to act in the owner’s behalf.
ALPHA-ROLLOVER. A corrective and physically abusive training method that can and often does trigger a dangerous and defensive response from the animal. It is characterized by the rough throwing of the dog onto its back, holding down by the throat, and placing a knee in the dog’s chest or stomach, screaming at him or her and staring into his or her eyes.
ALTERED ANIMAL. Any animal that has been operated on or has been given medication to prevent it from procreating.
ANIMAL. Any living, non-human vertebrate or non-vertebrate creature domestic, wild or exotic.
ANIMAL ASSEMBLAGE. The gathering on one lot of seven or more altered dogs and/or altered cats over the age of six months.
ANIMAL CARE AND CONTROL (ACC). The Perry County Animal Welfare, Control and Education Board.
ANIMAL CONTROL OFFICER (ACO). A person authorized to enforce the provisions in this chapter and issue citations for violations of this chapter.
ANIMAL DEALER. Any person who buys, sells, keeps or breeds animals for a commercial purpose.
ANIMAL ESTABLISHMENT. An animal dealer, animal day care facility, stable or pet shop.
ANIMAL NUISANCE. An animal which:
(1) Interferes with or molests passers-by or passing vehicles;
(2) Attacks other animals or persons;
(3) Damages private or public property;
(4) Causes frequent, long, continued, loud noises or other sounds common to its species which disturb the comfort or repose of any person in the immediate neighborhood of any residential area, not to include operations of boarding kennels, kennels, training facilities or the practice of animal husbandry;
(5) Is in heat which is not confined or restrained so as to prevent attraction or contact with other animals;
(6) Damages, soils, defiles or defecates on any public right-of-way;
(7) Trespasses on, soils, defiles, defecates on or damages private or public property, including, but not limited to, the leaving of waste material; or
(8) Is allowed to create any condition which poses a substantial risk of harm to the public health, safety, welfare or environment. If an animal is defending itself, its master, or its master’s home, it is not an animal nuisance.
ANIMAL SHELTER. A facility or vehicle operated by a government or private entity for the purpose of providing or promoting animal welfare and the humane treatment of animals.
ANIMAL WELFARE ORGANIZATION. Any non-for-profit organization for the prevention of cruelty or neglect to animals incorporated under state laws.
ANIMAL WELFARE AND CONTROL COMMITTEE. The Committee formed by the County Board of Commissioners to review the animal welfare ordinance of the county and to make recommendations to the Commissioners regarding ways to improve the ordinance and ways to improve the procedures used by the county to regulate animal welfare and control.
ATTACK. Aggressive physical contact initiated by the animal.
BITE. To seize, tear, wound or cut with teeth, resulting in a break in the skin. (Refer to most current version of state form 14072).
BOARD. The Perry County Animal Welfare, Control and Education Board.
BREEDER. Any person who harbors an animal or animals, except livestock, requiring a license or permit to be possessed within the county and (intentionally or accidentally) allows and/or causes the animal(s) to procreate and/or offers for sale or sells, trades or receives other compensation or gives away any litter of dogs or cats; except for dogs or cats taken to an animal control shelter or any 501(c)(3) animal welfare organization and has the female spayed within ten weeks of the birth of a litter.
BUSINESS DAY. Any day other than weekends and holidays recognized by the county.
CATTERY. A facility operated principally for the purpose of boarding, housing or grooming of cats.
COLLAR. A stiff band of leather, plastic, strong fabric or metal placed around the neck of an animal to identify it or to attach it to a lead or leash.
COMMISSIONERS. The Perry County Board of Commissioners.
CONTROLLED ANIMAL. Any animal not defined as a domestic animal in this chapter with the exception of small, non-poisonous reptiles, non- poisonous amphibians, harmless invertebrates and small birds. Such controlled animals shall also include any animal for which the possession or ownership is controlled or regulated by federal or state law, or municipal ordinance or regulations concerning licensing or the issuance of permits. Such controlled animals shall include, but not be limited to, the following:
(1) All poisonous animals by genetic disposition including insects, spiders, reptiles, amphibians, invertebrates and rear-fang snakes;
(2) All primates (order primates);
(3) All non-domestic carnivores (order carnivore);
(4) Crocodilians;
(5) Large constrictor snakes specifically: reticulated pythons (python reticulates), amethystine pythons (morelia amethistina), green anacondas (eunectes murinus), Indian pythons (python molurus) and African rock pythons (python sebae);
(6) Endangered species or any species considered to be protected by federal or state law or international trade agreements;
(7) Fur bearing animals raised to provide products for the fur trade;
(8) Game cocks and other fighting birds;
(9) Piranha fish;
(10) Sharks over one pound;
CRIME PREVENTION ANIMAL. An animal trained and used primarily for the protection of persons or property or both.
CUSTODIAN. Any person who owns or keeps, harbors, feeds or has the charge or control of an animal.
DANGEROUS ANIMAL. Any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity or if it was to escape its primary enclosure or escape from the control of its owner or custodian. Such determination is to be made from past acts of aggressive behavior justifying the determination that it is a dangerous animal. A dog’s breed shall not be considered in determining whether or not it is dangerous. This definition excludes K-9 corps dogs in use by the military or government law enforcement agencies.
DESIGNEE. A person selected, appointed or nominated for a particular purpose of duty.
DOMESTIC ANIMAL. Include, but are not limited to:
(1) Dog;
(2) Cat;
(3) Cattle (Bovine);
(4) Horse;
(5) Sheep;
(6) Goat;
(7) Rabbit;
(8) Mouse;
(9) Rat;
(10) Donkey;
(11) Guinea pig;
(12) Hamster;
(13) Gerbil;
(14) Pigeon, (homing or racing);
(15) Chicken, turkey, goose, duck;
(16) Llama;
(17) Pig;
(18) Bison;
(19) Chinchilla;
(20) Mink; or
(21) Ferret.
EXCESSIVE. More than is normal or necessary.
EXOTIC ANIMAL. Any 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.
EXPOSED TO RABIES. Any human or non-human warm blooded mammal that has been bitten or comes in contact with any other animal known or reasonably suspected to have been infected with rabies.
FACILITY. An establishment set up to fulfill a particular function or provide a particular service for animals.
FIGHT. A conflict between two or more animals that is intentionally organized for such purpose.
HARBORING. The actions of any person that permit any animal habitually to remain or to lodge or to be fed within his/her home, store, enclosure, yard, place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three or more consecutive days.
HELICOPTERING. A corrective and physically abusive training method. It is characterized by the dog being hoisted by leash and neck collar off his or her feet and swinging the dog above ground in a 360 degree circle often resulting in a loss of oxygen to the animals brain.
INADEQUATELY VENTILATED. Insufficient circulation of air to provide a healthy environment.
KEEPER. Any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling or caring for such animal. A person shall be construed as a keeper of an animal even if she or he does not have the owner’s permission.
KENNEL. A facility operated principally for the purpose of boarding, housing, grooming, breeding or training of dogs.
LARGE ANIMAL. A cow, horse, pony, donkey, mule, goat, sheep, swine or llama.
LEASH. A cord, chain, rope, strap or other such physical restraint.
LICENSE or PERMIT. A written instrument evidencing approval by a governmental entity to possess an animal or permission to undertake a regulated task. LICENSE is generally used when referring to the right to possess an animal, and PERMIT is generally used when referring to the right to undertake a task or activity or operate a business.
MICROCHIP. A computer chip, implanted underneath the skin of an animal (in the universal position between the scapulas which contains information relating to that animal.)
MICROCHIP READER. An electronic device that detects any implanted microchip.
MUZZLE. A device constructed of a strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.
NEIGHBORHOOD. The subject property and any property within two blocks thereof in any direction.
NOT-FOR-PROFIT. A corporation, business, association or entity established as a not-for-profit entity under state law or recognized as not-for-profit by the Internal Revenue Service or the Indiana Department of Revenue.
OVERCROWDED. Beyond what is usual or comfortable.
OWNER. Any person age 18 years or older, partnership, or corporation, or other legal entity recognized by the state, owning, or harboring one or more animals.
PET. Any animal owned or harbored for pleasure and companionship.
PET SHOP or GROOMING SHOP. A business operated separately or in connection with another business enterprise, engage in the care, bathing, clipping or plucking or possession of animals for display and sale of pets.
K-9 DOG. A professionally trained dog used by public safety officers for law enforcement or investigative purposes and activities.
PRIMARY ENCLOSURE.
(1) A structure which is suitable to prevent the entry of young children (under 12 years of age) and to prevent the animal from escaping;
(2) A structure with secure sides and a secure top or just secure sides which are of sufficient height to prevent an animal from escaping over the sides;
(3) A structure whose sides are so constructed at the bottom as to prevent the animal’s escape by digging under the sides; or
(4) A structure, which provides appropriate protection from the elements for the animal.
PURCHASER. A person who purchases any domestic animal without intent to resell.
RABIES VACCINATION. The injection by a licensed veterinarian of a dog, cat or other animal with a rabies vaccine licensed by the USDA and approved by the State Board of Health according to the compendium for rabies published yearly.
RESTRAINT. Under control by being adequately secured, without means of escape, in a pen, fenced enclosure, corral, cage, house, vehicle or other secure enclosure.
SAFETY. Freedom from danger or injury.
SERIOUS BODILY INJURY. Bodily injury which creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain or permanent or protracted loss or impairment of the function of a bodily member or organ.
SERVICE ANIMAL. Any animal that is trained to assist a disabled person.
SHELTER. A facility used to provide humane care and shelter for stray or owner relinquished animals.
STABLE. A commercial enterprise to house horses for other owners or custodians.
STRAY. Any animal that is not within the real property limits of its owner and is not under restraint or is unattended.
UNCLEAN. Dirty, soiled, filthy, unwashed or muddied.
VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.
VETERINARIAN HOSPITAL. Any established maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals.
WELFARE. Well-being, happiness and health.
WILD ANIMAL. Any animal non domesticated or exotic animal, with the exception of small, non-poisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.
WITHOUT REASONABLE PROVOCATION. The exhibition of aggressive behavior without immediate direction to do so by its master, contrary to the direction of its master, while not defending its master, while not defending its master’s home on the master’s premises, or while not acting as a properly permitted crime prevention animal under § 90.017(B).
(Ord. O-C-11-7, passed 12-28-2011)