Section
90.01 Application
90.02 Definitions
90.03 Prohibited acts
90.04 Inoculation
90.05 Restraint
90.06 Humane treatment of animals
90.07 Habitual offender
90.08 Impoundment
90.09 Reclaiming and redeemding impounded animals
90.10 Mandatory microchipping and sterilization
90.11 Enforcement
90.12 Animal Control Fund
90.13 Feral cat colonies
90.99 Penalty
Except as provided in division (B), this chapter does not apply to animals kept in the business of commercial farming. Nothing in this chapter is intended to limit the applicability or enforcement of zoning ordinances in Tippecanoe County including, without limitation, those restricting the number of animals permitted in a given area.
(B) Notwithstanding division (A), the provisions in § 90.03(A)(1) and (A)(2) which prohibit an owner from permitting an animal to be at-large or damage the property of another shall apply also to animals kept in the business of commercial farming.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. An animal, the possession of which has been voluntarily relinquished by its owner without vesting ownership or the right to possession in any other person.
ANIMAL CONTROL OFFICER. The individual designated as Animal Control Officer by the Sheriff of Tippecanoe County or, if no designation has been made, the Sheriff of Tippecanoe County. The Animal Control Officer may, further, delegate duties under this chapter.
ANIMAL SHELTER. A facility for the sheltering and disposal of impounded, abandoned, or surrendered animals with which Tippecanoe County has an agreement for provision of such services.
AT LARGE. An animal not under the immediate control of an individual or restrained by an enclosure, leash, chain, or other device of actual physical restraint. This definition applies regardless of whether the animal is on or off the premises of its owner.
HAZARDOUS ANIMAL. An animal that attacks, bites, or injures humans or domesticated animals without adequate provocation or an animal with a known propensity to attack, bite, or injure humans or domesticated animals.
NUISANCE. An animal that unreasonably annoys a person other than the owner, that endangers the health of individuals or other animals, or substantially interferes with the rights of others to quiet enjoyment of their life or property.
OFFICIAL WARNING. A written notice, without further sanction, of a violation of this chapter from the Animal Control Officer or his designee to the owner of an animal.
OWNER. A person that owns, keeps, or harbors an animal. For purposes of this chapter, a person that feeds or shelters an animal for three consecutive days or more is an owner of the animal. However, a person who feeds or shelters a feral cat will not be regarded as an OWNER under this section if the person notifies the Animal Control Officer of the feral cat within 24 hours of first feeding or sheltering the feral cat.
RESTRAINT. Securing an animal by means of a leash or lead while:
(1) On the real property of the owner or other person who consents to the animal's presence; or
(2) Under the control of the owner or other willing individual capable of being responsible for the animal.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19)
(A) An owner shall not do any of the following:
(1) Permit an animal to be at-large.
(2) Permit an animal to damage the property of another.
(3) Permit an animal to molest or intimidate pedestrians, bicyclists, or other passers-by.
(4) Permit an animal to chase vehicles.
(5) Permit an animal to make excessively disturbing noises including, without limitation, continued or repeated howling, barking, whining, or other noises unreasonably disturbing the quiet enjoyment of life or property by neighbors or others in close proximity to the animal.
(6) Cause or allow the owner's animals to cause fouling of the air by odor in a manner that unreasonably disturbs the quiet enjoyment of life or property by neighbors or others in close proximity to the animal.
(7) Cause or allow the owner's animals to cause unsanitary conditions in enclosures or surroundings where the animal is kept or harbored or subject the animals to unsanitary conditions which are hazardous to the health or well-being of the animal.
(8) Maintain animals in quantity or type that is offensive or dangerous to public health, safety or welfare or maintain animals in a quantity greater than the owner can properly care for such that conditions are hazardous to the health or well-being of the animal.
(9) Cause or permit an animal to attack other domestic animals.
(10) Abandon an animal.
(11) Permit an animal to be a nuisance animal within the meaning of § 90.02.
(B) For purposes of this section, failure of the owner to control the animal either actively or through the use of an enclosure or physical restraint, constitutes "permission" to engage in the activities described in division (A). The fact that an animal was at-large shall create a rebuttable presumption that the owner failed to control, enclose, or physically restrain the animal.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19) Penalty, see § 90.99
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