§ 91.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON.  To deposit, leave drop off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under § 91.03.
   AGENT.  Any person 18 years or older who is authorized by the animal’s owner to act on the owner’s behalf with respect to his or her animal(s).
   ALTERED ANIMAL.  Any animal that has been operated on to prevent it from procreating.
   ANIMAL.  Any live, non-human, vertebrate, or invertebrate creature that is domestic, wild, or exotic.
   ANIMAL CONTROL AGENCY.  Any governmental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the city.
   ANIMAL CONTROL OFFICER. A person authorized to carry out the provisions of this chapter.
   ANIMAL PERFORMANCES OR EXHIBITIONS.  Any spectacle, performance, display, act, exhibition, or event in which an animal or animals are used.
   ANIMAL SHELTER.  The facility established by the County Board of Commissioners and operated by the designated animal control authority or its authorized agents or a private entity, for the temporary care, confinement, detention, and humane treatment of animals held under the authority of this chapter or state law.
   AT LARGE.  An animal that is:
      (1)   Not on a leash and is off the property of its owner, its owner’s agent, or its keeper; or
      (2)   On a leash that does not adequately confine the animal to the property of its owner, its owner’s agent, or its keeper; or
      (3)   On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.
   AUCTION.  Any place or facility where animals are regularly bought, sold, or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.
   BITE.  To seize, tear, wound, or cut with the teeth, resulting in a break in the skin.
   BOARD.  The Board of County Commissioners of Porter County.
   BREEDER. Any person or for-profit business or corporation which harbors or keeps dogs or cats, and allows or causes those animals to procreate, for the purpose of selling those offspring.
   CIRCUS.  Any performances, which are given for a fee, by traveling companies on vacant lots, using tents, or some other kind of temporary enclosure for sheltering the public.
   COMMERCIAL ANIMAL ESTABLISHMENT.  Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.
   CONTROLLED ANIMAL.  Any animal not defined as a domestic animal in this chapter with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine. CONTROLLED ANIMALS shall include but not be limited to the following:
      (1)   All poisonous animals, including rear-fang snakes.
      (2)   Apes:  chimpanzees, gibbons, gorillas, orangutans, and siamangs;
      (3)   Baboons;
      (4)   Bears;
      (5)   Bison;
      (6)   Cheetahs;
      (7)   Crocodilians;
      (8)   Constrictor snakes, such as boa, python, and anaconda;
      (9)   Coyotes;
      (10)   Deer, including all members of the deer family, such as white-tailed deer, elk, antelope, and moose;
      (11)   Elephants;
      (12)   Game cocks and other fighting birds;
      (13)   Hippopotami;
      (14)   Hyenas;
      (15)   Jaguars;
      (16)   Leopards;
      (17)   Lions;
      (18)   Lynxes;
      (19)   Monkeys;
      (20)   Ostriches;
      (21)   Pumas, also known as cougars, mountain lions and panthers;
      (22)   Rhinoceros;
      (23)   Sharks;
      (24)   Snow leopards;
      (25)   Spiders and insects which are poisonous;
      (26)   Tigers;
      (27)   Wolves.
   CONFINED.  Restriction of an animal at all times by the owner or his or her agent to an escape-proof building or other enclosure away from other animals and the public.
   COUNTY ANIMAL WELFARE BOARD.  The agency designated or appointed, by the Board of County Commissioner of Porter County, as having the responsibility for the administration of any or all of the provisions of this chapter.
   CRIMINAL TRESPASS.
      (1)   Means:
         (a)   Not having a contractual interest in the property, knowingly or intentionally entering the real property of another person after having been denied entry by the other person or his or her agent;
         (b)   Not having a contractual interest in the property, knowingly or intentionally refusing to leave the real property of another person after having been asked to leave by the other person or his or her agent;
         (c)   Accompanying another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the other vehicle;
         (d)   Knowingly or intentionally interfering with the possession or use of the property of another person without his or her consent; or
         (e)   Not having a contractual interest in the property, knowingly or intentionally entering the dwelling of another person without his or her consent.
      (2)   For purposes of this chapter, a person has been denied entry if the denial was by means of personal communication, oral or written, or by putting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.
   DANGEROUS ANIMAL.
      (1)   Any animal which:
         (a)   Has attacked or bitten another animal while off the property of its owner, its owner’s agent, or its keeper;
         (b)   Has attacked, attempted to attack, bitten, or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner’s agent, or its keeper;
         (c)   Has  history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;
         (d)   Has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten or endanger the safety of humans or domestic animals;
         (e)   Has been found to be at large and has been documented to be at large by an animal control officer on three or more separate occasions in a 12-month period; or 
      (2)   No animal shall be considered a dangerous animal if the animal causes injury or damage to a person while that person is:
         (a)   Committing or attempting to commit a criminal offense against the owner or agent of the owner;
         (b)   Committing a criminal trespass upon the premises occupied by the owner, agent, or keeper of the animal; or
         (c)   Teasing, tormenting, abusing, or assaulting the animal.
      (3)   No K-9 patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a dangerous animal when used in the line of duty or for law enforcement purposes.
   DESIGNEE.  A person, organization, or entity selected appointed, or nominated for a particular purpose or duty.
   DIRECTOR.  The person appointed to be responsible for the administration, operation and programs of the shelter and its personnel, as established by the Animal Control Authority.
   DOMESTIC ANIMAL. Livestock or animals belonging to species normally kept, harbored, and maintained by persons as pets, irrespective of the particular reason for which the animal is kept or maintained.  These animals include but are not limited to the following species:
      (1)   Dog;
      (2)   Cat;
      (3)   Cattle;
      (4)   Horse;
      (5)   Donkey;
      (6)   Sheep;
      (7)   Goat;
      (8)   Rabbit;
      (9)   Mouse;
      (10)   Rat;
      (11)   Guinea pig;
      (12)   Hamster;
      (13)   Gerbil;
      (14)   Cow or ox;
      (15)   Pigeon, homing, or racing;
      (16)   Chicken, turkey, goose, duck;
      (17)   Swine;
      (18)   Chinchilla;
      (19)   Mink;
      (20)   Ferret;
      (21)   Bison;
      (22)   Llama; and
      (23)   All other animals as defined by state law.
   EXOTIC ANIMAL.  Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii.  This definition does not include fish, 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 exposed to any other animal known or reasonably suspected to have been infected with rabies.
   FIGHT.  A conflict between two or more animals that is intentionally organized for such purpose.
   FOWL.  Any kind of wild or domestic bird, excluding horning or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.
   HARBORING.  The actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one’s home, store, enclosure, yard or place of business or any premises on which the persona resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days or more.
   HUMANE OFFICER. Any person or agency designated by the state or the city as a person who is qualified to perform the duties required by the law of this city and state regarding animals.
   HOBBY KENNEL.  Any establishment housing 15 or fewer dogs and having four or less litters per year.
   HOME CONFINEMENT.  Confinement within an escape proof enclosure or exercised on a leash by the owner.
   IMPOUNDED.  If any animal pursuant to this chapter or any state statute has been received into the custody of any animal shelter, the animal will have been IMPOUNDED as that word is used in this chapter.
   K-9 PATROL DOG or POLICE DOGA professionally trained dog used by law enforcement officers for law enforcement purposes and activities.
   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 the animal. A person shall be construed as a KEEPER of an animal even if he or she does not have the owner’s permission.
   KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping cats and dogs for the purpose of hire, training for a fee, or selling.
   LEASH. A cord, chain, rope, strap, electric collar or other such physical restraint.
   LIVESTOCK.  Horses, stallions, colts, mares, geldings, sheep, rams, lambs, bullocks, steers, heifers, cows, calves, bulls, mules, jacks, jennets, burros, goats, kids, swine and fur bearing animals being raised in captivity.
   MUZZLE. A device constructed of 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.
   NIP. To pinch or squeeze with the teeth without breaking the skin or damaging any tissue.
   NOT-FOR-PROFIT.A business, association, or entity established or organized as a NOT-FOR-PROFITby the Internal Revenue Service or the state Department of Revenue.  FOR-PROFITmeans all other types of businesses, associations or entities
   OFF PROPERTY. Beyond the legal boundaries of the real property on which the owner, agent or keeper resides.
   OWNER.  Any person having a right of property in a dog or other animal, or who keeps or harbors a dog or other animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits a dog or other domestic animal to remain on or about any premise occupied by him or her.
   PERFORMING ANIMAL EXHIBITION.  Any spectacle, display, act, or exhibit or event other than a circus, in which performing animals are used.
   PERSON.  Any person, firm, corporation, partnership, association or other legal entity.
   PET.  Any animal kept for pleasure rather than utility.
   PET SHOP.  Any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise which sells or barters animals.
   PRIVATE KENNEL.  Any premises housing four or more adult dogs not for sale.
   PROVOKED.  To deliberately arouse, incite, or excite.
   PUBLIC NUISANCE.  Any animal that endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property.  The term PUBLIC NUISANCEshall include, but not be limited to:
      (1)   Any animal found running at large;
      (2)   Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
      (3)   Any animal that chases or interferes with motor vehicles in a public right-of-way;
      (4)   Any animal that attacks other animals;
      (5)   Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;
      (6)   Any animal that 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;
      (7)   Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
      (8)   Any animal in heat that is not confined or restrained so as to prevent attraction or contact with other animals;
      (9)   Any animal in any section of a public park, playground, schoolyard or other recreational area that is found running at large;
      (10)   Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
      (11)   Any animal that trespasses on private property of persons other than the owner of the animal; or
      (12)   Any animal determined to be a dangerous animal.
   RABIES VACCINATION. An injection licensed by the U. S. D. A. and approved by the Indiana State Board of Health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.
   RESTRAINT. The securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.
   RIDING SCHOOL OR STABLE. Any place that provides, for a fee, boarding and/or riding instructions for a horse, pony, donkey, mule, or burro.
   RODEO.  A performance featuring bronco riding, steer wrestling, calf roping, greased pig contests, or bull riding.
   SECTION.  A section of this chapter unless some other ordinance or statute is mentioned.
   SERIOUS INJURY OR DEATH.
      (1)   Any bodily injury, which is caused by an animal and is medically documented, that:
         (a)   Creates a substantial risk of death;
         (b)   Causes serious permanent disfigurement, unconsciousness, or extreme pain; or
         (c)   Results in a permanent or protracted loss or impairment of a bodily member or organ. 
      (2)   This definition shall not include any nip from an animal.
   SERVICE ANIMAL.  Any dog or other common domestic animal individually trained to do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities. The term SERVICE ANIMAL does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not SERVICE ANIMALS.
   SHALL.  The action referred to is mandatory.
   STRAY.  Any animal not secured by a lead, or not under the control of a responsible person or control officer, or not confined within the real property limits of its owner, and for which after a reasonable search or inquiry no owner can be ascertained.
   UNCONFINED DANGEROUS ANIMAL.  A dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent or keeper of the animal.
   UNLICENSED DOG OR CAT.  Any dog or cat for which the license for the current year has not been obtained, or to which the tag for the current year is not attached.
   UNPROVOKED.  Without incitement or stimulation.
   U.S.D.A. The United States Department of Agriculture.
   VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.
   VICIOUS ANIMAL.  Any animal or animals that constitute a physical threat to human beings or other animals.
   WILD ANIMALAny animal not a domestic or exotic animal, with the exception of small non- poisonous aquatic or amphibious animal and small cage birds, which are normally found in the wild state.
   ZOOLOGICAL PARK.  Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animal, which is operated by a person, partnership, corporation, or governmental agency that is established for educational purposes and is properly zoned for that use, and which possesses valid licenses and permits as required under federal or state law.
(‘89 Code, § 111.02) (Ord. 4-2005, passed 2-28-05; Am. Ord. 24-2010, passed 7-26-10)