§ 91.001 DEFINITIONS.
   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   ADEQUATE SHELTER. A structure designed specifically to shelter an animal, with a roof and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dry keeping and access outside the structure to dry ground that is mud free.
   ALTERED ANIMAL. An animal that has been operated on to prevent it from procreating.
   ANIMAL. Any living vertebrate, domestic or wild, except a human being.
   ANIMAL CONCESSION. Any person, group of persons, partnership, or corporation who for compensation has any animal available for hire or on display.
   ANIMAL EVENT. Display, activity, or show of wild or domestic animals in a shopping center, retail establishment, adjacent lot, or elsewhere.
   ANIMAL FIGHTING PARAPHERNALIA. Equipment or items used to train or condition animals for participation in an animal fighting contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of fighting, train animals for fighting, or to track the results of animal fights.
   ANIMAL WELFARE ORGANIZATION. Any not-for-profit organization for the prevention of cruelty to animals incorporated under state laws.
   AUCTION. Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter or by state law.
   BREEDER. Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation, or gives away any litter of dogs or cats; excepting a litter of dogs or cats taken to the Department of Animal Control.
   CATTERY. Any person or group of persons, partnership or corporation engaged in keeping more than one unaltered cat or more than seven cats total.
   CIRCUS. A commercial variety show including animal acts for public entertainment.
   DANGEROUS WILD or DANGEROUS EXOTIC ANIMAL. A wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety, including but not limited to, bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal.
   DEPARTMENT OF ANIMAL CONTROL or DEPARTMENT. The municipally owned facility established for the purpose of animal control, care, and disposition, as set forth in this chapter, operated by and under the direct supervision of the Director of Animal Control.
   DIRECTOR OF ANIMAL CONTROL. The Director for the Department of Animal Control.
   GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
   GUIDE DOGS. Dogs trained to assist the handicapped.
   KENNEL. Any person, group of persons, partnership or corporation engaged in keeping more than one unaltered dog, more than five dogs, or the business of commissioning, or training for a fee, or grooming.
   LARGE/FARM ANIMALS. Any cow, horse, pony, donkey, mule, goat, sheep, pig, llama or any other kind of beast of burden, and also including livestock or poultry of any kind.
   OWNER. A person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
   PERSON. An individual, firm, corporation or commercial establishment.
   PET. Any animal owned or harbored by any person, group of persons, partnership, or corporation, except guide dogs, or police or canine governmental 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, wholesale or retail. A permanent physical structure specifically designed and ventilated for the overnight and long-term housing and sale of animals both wholesale and retail.
   PUBLIC NUISANCE. Any animal which:
      (1)   Interferes with passersby or passing vehicles.
      (2)   Attacks other animals or persons.
      (3)   Trespasses on school grounds.
      (4)   Is at large or unrestrained.
      (5)   Damages private or public property.
      (6)   Barks, whines, howls or makes other sounds common to its species in excess, continuously for 15 minutes or for an aggregate 20 minutes in a one-hour period.
   RABIES VACCINATION. The injection, by a licensed 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 Commission of Animal Health.
   RESTRAINT. Any animal secured by a leash or lead, or under the physical control of the animal's owner or attending party, or within the real property limits of its owner.
   RIDING SCHOOL or STABLE. Any place which has available for hire, commissioning, or riding instruction, any horse, pony, donkey, mule, or burro.
   RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest or bull riding.
   VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals.
   WILD ANIMAL. Any living vertebrate animal normally found in the wild state, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds.
   ZOOLOGICAL PARK. Any permanent facility or operation other than a pet shop, displaying or exhibiting one or more species of non-domestic animals, operated by a person, partnership, corporation or government agency.
(Ord. 14-2004, passed 12-13-04; Am. Ord. 8-2009, passed 10-13-09; Am. Ord. 25-2010, passed 10-25-10)