§ 93.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention of termination of his or her ownership, but without vesting possession in any other person. The failure to make adequate provision of food, water and shelter shall be prima facie evidence of abandonment.
   ANIMAL CONTROL OFFICER. Any person who has been employed or designated as such by the Town Council.
   ANIMAL SHELTER - ANIMAL POUND. Any facility operated by a humane society or town agency, or its authorized agents, or operated under contract or agreement with the Town Council for purpose of impounding or caring for animals held under the authority of this chapter.
   AT LARGE. Off the premises of the owner while not under the control of the owner or other person by leash, cord, chain or other device of actual physical
restraint or under the control of the accompanying owner or other person who has the ability to control the dog or cat by voice command.
   BIRDS OF PREY. Members of the Accipitridae, Aquila, Haliaeetus, Falconiformes, Accipiter and Buteo family.
   DANGEROUS. Able to apt to harm.
   DOMESTIC ANIMAL. Cattle, livestock and poultry, including but not limited to, bulls, cows, calves, horses, mares, geldings, fillies, foals, mules, asses, oxen, swine, sheep, goats, chickens, turkeys and any animal or bird of the bovine, equine, ovine, caprine, procine or avine species except as is specifically exempted from this chapter as set forth in the definition for exotic animals.
   EXOTIC ANIMAL. Any animal that is not found naturally in the wilds of the State of Indiana. However, the definition of an exotic animal does not include the following: parrots, parakeets (Budgerigars), canaries, finches, cockatiels and love birds.
   HUMANE TRAPS. 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.
   IDENTIFIED COMPLAINT. A complaint in which the identity of the complainant is known to the Animal Control Officer and whose identity will not be made public but held confidential.
   KENNEL. Any facility wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
   NUISANCE. Any one or more of the following conditions:
      (1)   A condition which arises by a dog, cat or other animal chasing persons, bicycles, automobiles or other moving vehicles on the street or sidewalks or any other public area of the city;
      (2)   A condition which arises by a dog, cat or other animal destroying, defacing or damaging shrubbery, lawns or flowers which result in the general nuisance of citizens in the neighborhood where such dog, cat or other animals are harbored;
      (3)   A condition which arises by a dog barking consistently so as to disturb the peace of the neighborhood;
      (4)   A condition which arises from the accumulation of animal excreta on the property of the owner, public or any other citizen so as to cause an obnoxious odor, create a situation which could draw or breed insects, attract vermin or cause a health nuisance;
   OFFICIAL WARNING. A written notice or warning based upon an identified complaint and given to the owner of a dog, cat or other Animal Control Officer.
   OWNER. Any person owning, keeping or harboring a dog, cat or other animal for a period of 48 hours or longer.
   PET SHOP. Any person, partnership, corporation or any other business entity other than a licensed kennel that buys or sells any species of animal.
   RUNNING IN PACK. Three or more dogs, cats or other animals at large together, which, by repeated or continual presence, constitute a physical danger to a neighborhood, livestock, personal or real property.
   VICIOUS ANIMAL. Any animal that has been known to have bitten or otherwise physically molested or inflicted a personal injury upon a human being without provocation; an animal who promiscuously
attacks other animals; or any animal otherwise defined in the Indiana Code.
   WARM-BLOODED ANIMAL. Any animal that maintains a constant body temperature; all mammals, including dogs, cats and rabbits.
(Ord. 070196B, passed 7-1-96; Ord. 20170107, passed 1-7-17)