For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. This chapter does not apply to exotic animals, which are regulated by I.C. 14-22-26.
ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention of terminating his or her ownership, but without vesting possession in any other person. The failure to make adequate provision for food, water and shelter shall be prima facie evidence of ABANDONMENT.
AGGRESSIVELY BITES. Any bite that breaks the skin and is accompanied by an attack where the animal exhibits one or more of the following behaviors, but not limited to: snarling, baring teeth, chasing, growling, barking, snapping, pouncing, lunging, multiple attacks, multiple lunges or multiple bites.
ANIMAL-AT-LARGE. Any animal, excepting cats, not under the restraint of a person capable of controlling the animal off the premises of the owner, unless engaged in lawful hunting accompanied by the owner or keeper, and causing damage to another’s property or bodily injury to a person or domestic animal.
ANIMAL CONTROL OFFICER (ACO). Those persons designated by a county law enforcement agency, County Commissioners/Council and/or the County Health Department to enforce this code.
ANIMAL SHELTER. Physical structure operated under the jurisdiction of the County Board of Commissioners and administered by the County Sheriff’s Department.
ATTACK. The intent to cause injury or otherwise forcefully endanger the safety of people or other animals.
BITE. A skin wound or puncture produced by an animal’s teeth or mouthparts.
CAT. An animal of any age of the species Felis Catus.
CATTERY. Any person or group of persons, partnership or corporation engaged in keeping more than three unaltered cats.
COMPANION ANIMAL. Any animal considered to be, or to be used as a pet. COMPANION ANIMAL includes, but is not limited to, canines, felines and equines.
DANGEROUS OR VICIOUS ANIMAL. Any animal that attacks, bites or injures human beings, companion animals or livestock without provocation (see § 90.117). 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.
DOG. An animal of any age solely of the species Canis Familaris or Canis Lupus Familiaris.
DOMESTIC ANIMAL. An animal that is not wild as defined by the I.C. 15-17-2-26.
ENCLOSURE. Any structure made of material sufficiently strong to adequately and humanely confine the animal in a manner that would prevent it from escaping the premises.
EUTHANASIA. The act of putting an animal to death in a humane manner and accomplished by a method specified as acceptable by the American Veterinary Medical Association (AVMA) Panel on Euthanasia.
GOOD SAMARITAN. A compassionate person who unselfishly helps a stray animal by providing shelter, food and water for it for up to 14 days while searching for its rightful owner or securing a place for it at the animal shelter.
HEALTH OFFICER. The Local Health Officer having jurisdiction in the county or his or her duly authorized representative.
HUMANE METHOD. A method by which the animal is made insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective.
(I.C. 15-17-2-38)
IMMEDIATE HEALTH HAZARD. Exists if at any given location there are conditions related to animal care that the Animal Control Officer, Public Health Officer or law enforcement officer determines warrant immediate intervention; such conditions include, but are not limited to inadequate sanitation, untreated disease or animals in numbers greater than the animal’s owner or keeper can reasonably care for.
INJURY. Damage or harm done to or suffered.
KENNEL.
(1) Any person, group of persons, partnership or corporation engaged in keeping dogs for breeding, boarding, training or sale.
(2) Regardless of type, KENNELS are classified as:
(a) MAJOR. Consists of seven or more dogs; and
(b) MINOR. Consists of not more than six dogs.
KEEPER. Any person or legal entity that harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by that person for a period of time for the purposes of boarding, grooming or training; or someone who accepted responsibility for the animal during the absence of its rightful owner.
LAW ENFORCEMENT OFFICER. Any person employed or elected by the people of the state, or by any municipality, county or township, whose duty it is to preserve peace or to make arrests or to enforce the law, and includes conservation officers, city police officers, Town Marshals, County Sheriff and state police.
LIVESTOCK. Animals, including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, swine or other farm animals, excluding dogs and cats.
MUTILATE. To destroy or disfigure a body part.
MUZZLE. A device constructed of strong, soft material or metal that is made in a manner that will not cause injury to the dog or cat, and will not interfere with its vision or respiration while preventing it from biting any person or animal.
NECESSARY MEDICAL CARE. Reasonable medical attention appropriate to the circumstances such as when an animal is known or suspected to have suffered an injury, accidental or deliberate, or exhibit signs of disease process such as shock, temperature fluctuation, tremors, swelling, broken bones, open wounds, inability to eat or drink, blistering, irregular or abnormal breathing, partial or total paralysis, abnormal discharge or bleeding, mange or other signs of health problems.
OWNER. Any person, group of persons, or corporations owning, keeping or harboring an animal. An animal shall be considered to be harbored if it is fed or sheltered for 15 or more consecutive days on the premises. However, veterinarians, dog trainers, kennel operators, pet shops and/or stables, who temporarily keep animals owned by, or held for sale to, other persons, shall not be deemed to be the OWNERS of such animals, but rather to be keepers of such animals.
PERSON. An individual, partnership, firm, corporation or commercial establishment.
PET. Any companion animal owned or harbored by any person, group of persons, partnership or corporation, except, service animals, or police or canine government dogs.
PET SHOP. Any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed cattery, kennel or breeders, that buys, sells or offers for sale any species of animal.
PHYSICAL INJURY. Physical impairment or as evidenced by scrapes, cuts, punctures, bruises or physical pain.
POTABLE. Fit to drink with a minimum of dirt, debris or algae present.
PROVOKE. To perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack of an ordinary dog or animal.
PUBLIC NUISANCE. Any animal which:
(1) Behaves in a manner that a reasonable person would believe poses a serious, unjustified and imminent threat;
(2) Attacking other animals that are being maintained in a lawful or otherwise proper way;
(3) Is an animal at-large as defined in this section;
(4) Damages private or public property; and
(5) Barks, whines, howls or makes other sounds common to its species in excess so as to disturb the peace and quiet of any reasonable person.
RABIES VACCINATION. The injection, given by a licensed and accredited veterinarian, of a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Animal Health.
RESTRAINT. Any animal restrained by an enclosure, or a leash or lead of sufficient strength to keep such dog or other animal under control, or under the control of the animal’s owner or other responsible person.
QUARANTINE. A state of enforced isolation; to detain in or exclude by quarantine, to isolate from normal relations or communication. An animal that has bitten or scratched shall be kept in the owner’s home or a secure structure that would not allow any other person or animal to come in contact with, except family members. Animals may be quarantined at a veterinarian’s office or the animal shelter.
SANITARY CONDITIONS. Space free from health hazards including excessive animal waste, overcrowding of animals or other conditions that endanger the animal’s health. This does not include a condition resulting from a customary and reasonable practice pursuant to farming and animal husbandry.
SERIOUS PHYSICAL INJURY. Any physical injury which creates a substantial risk of death or which causes disfigurement, or protracted loss or impairment of health or of the function of any body part or organ.
SERVICE ANIMAL. Any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items. SERVICE ANIMAL shall also mean trained animals used by government agencies in police and rescue work.
(I.C. 35-46-3-11.5)
SHELTER. Adequate protection from the elements, suitable for the age and species of the animal to maintain the animal in a state of good health, including structures or natural features such as trees and topography. SHELTER is not required for livestock if there is a natural windbreak such as a grove of trees.
STATE OF GOOD HEALTH. Free from disease and illness and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.
STRAY. A domestic animal which is lost or whose ownership is otherwise unknown.
TETHER. A rope, light chain or similar restraint for holding an animal in place, allowing a short radius in which it can move about. This word may also be used as a verb with the meaning: to fasten or restrict.
TORMENT. To cause, by an act or omission, unjustifiable pain, suffering or distress to an animal, or cause mental and emotional anguish in the animal as evidenced by its altered behavior for a purpose such as sadistic pleasure, coercion or punishment that an ordinary and/or reasonable person would conclude is likely to precipitate a bite or attack.
TORTURE. To cause either severe physical or mental suffering.
VETERINARIAN. Unless otherwise indicated, means any VETERINARIAN licensed to practice in this state or any veterinarian employed in this state by a governmental agency.
VETERINARY CLINIC/HOSPITAL. An establishment maintained and operated by a licensed veterinarian to provide examination, diagnosis, and health maintenance to animal. (See 888 I.A.C. 1-4-4-1 of the Veterinary Practice Act.)
VICIOUS. See DANGEROUS OR VICIOUS ANIMAL.
WILD ANIMAL. Any living vertebrate animal normally found in the wild state in the United States, except those licensed exotic animals which are regulated under I.C. 14-22-26.
WOLF-HYBRID. Any animal that is either the result of cross breeding a purebred wolf and a dog or an existing wolf-hybrid with a dog.
(Ord. 2006-12-18, passed 12-18-2006)