As used in this ordinance, the following terms are defined below:
a. Animal: Every non-human species of animal, both domestic and wild.
b. Animal Control Officer: Any person designated by the Town of Schererville who is qualified to perform such duties under the ordinance of the town.
c. Animal Facility: Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this ordinance or state law for care, confinement, return to owner, adoption, or euthanasia.
d. Auction: Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners.
e. Breeders: Any premises wherein any person engages in the business of breeding, buying, selling and boarding of animals. These animals include but are not limited to caged birds, rodents, rabbits, ferrets, cats, dogs, and reptiles kept and sold as pets and shall be construed and constitute a Pet Shop.
f. Circus: A commercial variety show featuring animal acts for public entertainment.
g. Commercial Animal Establishment: Any pet shop, grooming shop, guard dog agency, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.
h. Domestic Animal: Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
i. Grooming Shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
j. Guard Dog: Any dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.
k. Kennel or Cattery: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Six or more dogs and/or cats owned, harbored, possessed, cared for or kept in custody of any person shall be construed and constitute a kennel.
l. Owner: Any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
m. Performing Animal Exhibition: Any spectacle, display, act or event other than circuses, in which a performing animal is used.
n. Pet Shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.
o. Public Nuisance: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The terms public nuisance animal shall mean and include, but is not limited to, any animal that
1. is repeatedly found at large;
2. damages the property of anyone other than its owner;
3. molests or intimidates pedestrians or passersby;
4. chases vehicles;
5. excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
6. causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained;
9. attacks other domestic animals; or
10. has been found by the Animal Control Commission, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety.
p. Restraint: Any animal secured by a leash, fence or lead under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner.
q. Riding School or Stable: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo.
r. Running at Large: It shall be unlawful for any person having charge, care, ownership or control of any animal to let the animal run at large and beyond the limits of his lot or property. All animals which are found unlawfully running at large within the town may be taken into custody and impounded at the animal shelter.
s. Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
t. Vicious Animal: Any animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.
u. Wild Animal: Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds.
v. Zoological Park: Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals.
(Ord No. 1549, § 1, 1-23-02; Ord. No. 1626, § 1, 10-13-04)