For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. An animal over six months of age.
ANIMAL. Any living domestic animal, including fowl, mammals, and reptiles, except human beings.
ANIMAL CONTROL DEPARTMENT. The department established and overseen by the Board of Commissioners of Warrick County that is authorized to enforce the provisions of this chapter as set forth herein.
ANIMAL CONTROL FACILITY. Any premises designated and operated by the Board of Commissioners of Warrick County, or its designee, for the purposes of impounding and caring for animals as described in this chapter.
ANIMAL CONTROL OFFICER. The officer appointed by the Board of Commissioners of Warrick County to enforce this chapter. The term shall also refer to the ANIMAL CONTROL OFFICER's deputies, assistants, and employees, as well as Warrick County Sheriff’s Department deputies, or any other person designated by the Board of Commissioners of Warrick County.
ANIMAL WELFARE ORGANIZATION. Any nonprofit organization given tax exempt status under 26 USCA 501(c)(3) for the purpose of prevention of cruelty or neglect to animals and incorporated under the laws of Indiana.
AT LARGE. Any animal being loose and free roaming off the owner's real property, and not being on a leash under the control of a competent person.
DANGEROUS DOG.
(1) Any dog that, according to the records of the Animal Control Officer:
(a) Inflicts severe injury on a human, without provocation, on public or private property;
(b) Aggressively bites, attacks, or endangers the safety of a human or any other animal, without provocation, after the dog has been classified as a potentially dangerous animal and the owner of the dog has been notified of such classification; or
(c) Has at any time been trained, owned, or harbored for the purpose, primarily or in part, to engage in animal fighting, even when such dog has not been classified previously as a potentially dangerous animal.
(2) A dog that is defending itself, or its owner's home, is not a DANGEROUS DOG if:
(a) The dog is kept primarily to guard and protect the owner and/or the owner's premises; and
(b) The owner has posted appropriate signage along the perimeter of the owner's property that reasonably notifies other individuals as to the dog's presence, according to the discretion of the Animal Control Officer.
DOMESTIC ANIMAL. Any tame animal associated with family life or accustomed to life in, or near, the habitation of humans or such as to contribute to the support of a family, including, without limitation, a dog, cat, horse, cattle (bovine), sheep, goat, rabbit, mouse, rat, donkey, guinea pig, hamster, gerbil, pigeon, chicken, turkey, goose, duck, llama, pig, bison, chinchilla, mink, or ferret.
EXOTIC ANIMAL. Any animal whose native habitat is not indigenous to the continental United States of America except for fish, fur-bearing animals that are commercially bred for the furrier trade, and birds protected under federal laws and regulations.
GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
KENNEL. A facility maintained in a single location utilized for breeding, boarding, training, or sale of dogs and/or cats.
LIVESTOCK. Certain domestic animals, including, without limitation, cattle (bovine), sheep, pigs, goats, bison, llamas, horses, mules, and donkeys. LIVESTOCK does not include aquatic animals, fish, dogs, cats, rabbits, mice, rats, guinea pigs, gerbils, chinchillas, minks, ferrets, poultry, and/or other birds.
MAJOR KENNEL. A kennel consisting of 15 or more dogs and/or cats.
MICROCHIP. A computer chip implanted underneath the skin and between the scapula of an animal which contains information relating to said animal.
MINOR KENNEL. A kennel consisting of less than 15 dogs and/or cats.
NUISANCE.
(1) An animal is considered a NUISANCE if it:
(a) Interferes with or molests passersby or passing vehicles;
(b) Attacks another animal or person;
(c) Is at large;
(d) Damages private or public property;
(e) Causes frequent, persistent loud noises or other sounds common to its species which disrupt the comfort or repose of any person in the immediate neighborhood or in any residential area, unless said animal is kept in the operation of a boarding kennel, kennel, training facilities, or for the practice of animal husbandry;
(f) Damages, soils, defiles, or defecates on any public right-of-way;
(g) Trespasses on, soils, defiles, defecates on, or damages private or public property, including, but not limited to, the leaving of waste material; or
(h) Is allowed to create any condition which poses a substantial risk of harm to the public health, safety, welfare, or environment.
(2) An animal that is defending itself, or its owner's home, is not a NUISANCE if:
(a) The animal is kept primarily to guard and protect the owner and/or the owner's property; and
(b) The owner has posted appropriate signage along the perimeter of the owner's property that reasonably notifies other individuals as to the animal's presence, according to the discretion of the Animal Control Officer.
OWNER. Any person having the right of property in, the charge, control, or custody of, or who otherwise harbors, an animal.
PERSON. An individual of the age of 18 years or older, firm, limited liability company, association, partnership, corporation, nonprofit, or other legal entity recognized under the laws of the State of Indiana.
POCKET PETS. Certain domestic animals, including hamsters, gerbils, mice, rats, chinchillas, guinea pigs, sugar gliders, and hedgehogs.
PRIMARY ENCLOSURE. A structure that meets the following requirements:
(1) Suitable to prevent the entry of children younger than 12 years of age into the structure and to prevent the animal from escaping the structure;
(2) Consists of secure sides and a secure top that are sufficient in height to prevent the animal from escaping over the sides of the structure; and
(3) Provides the animal appropriate protection from adverse weather conditions.
STRAY. Any animal that is not within the real property limits of its owner and is not under
restraint or is unattended.
(BC Ord. 1992-2, passed 2-10-92; Am. BC Ord. 2018-26, passed 9-24-18; Am. BC Ord. 2021-35, passed 9-27-21; Am. BC Ord. 2023-27, passed 12-27-23)