For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERED ANIMAL. Any animal that has been sterilized by spaying or neutering and can no longer procreate.
ANIMAL AT LARGE. Any animal that is allowed to run at will and is not under restraint. An animal that is allowed to leave the property of the owner.
ANIMAL RESCUE. Any registered person(s) or organization who house and provide intermediate care or aid for animals while awaiting permanent placement.
ANIMAL SHELTER. Any facility operated by a humane society, municipal agency or its authorized agents, for the purpose of impounding or caring for animals held under the authority of ordinance or state statute.
ANIMAL WELFARE ORGANIZATION. Any not-for-profit organization working to improve the quality of life for animals (incorporated under state statutes).
ATTACK. An unprovoked attack in an aggressive manner on a human or other animal that includes a bite, or causes a scratch, abrasion, bruising or any other bodily harm that might require first aid, medical treatment, veterinary care or death.
BITE REPORTING. A bite to a human or domestic animal including livestock by a dog must be reported to local law enforcement.
BREEDER. Any person or entity that intentionally or unintentionally causes or allows the breeding of any cat or dog. Makes any cat or dog available for breeding or offers for sale, sells or trades, receives any compensation for, or gives away any cats or dogs. Does not include livestock, birds, fish, reptiles or insects.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, pet grooming shop or kennel used to board or care for pets for a fee. This definition does not include veterinary offices or hospitals.
COMMERCIAL BREEDER. Any person or entity engaged in reproducing dogs or cats for a profit.
COMPANION ANIMAL/PETS. Any dog or cat that reasonably appears to be a pet for the purpose of this chapter; this definition does not include small rodents, reptiles, insects, fish or birds. Any animal which is used for food purposes or the health or well being of the animal’s owner/custodian, is not a COMPANION ANIMAL.
CONSTRICTING SNAKE. Any snake that captures its prey by constricting its body and/or bite to kill or injure its victim. See 18 U.S.C. § 42(a)(1).
COYDOG. An animal created by breeding a domesticated dog with a coyote or animal that is the offspring of a coyote.
CRUELTY. To beat, torture, mutilate, overload, overwork, cruelly treat or otherwise abuse any animal so as to result in serious bodily injury or death of the animal. Procedures performed by a licensed veterinarian, or a person operating an agricultural business, using generally accepted practices related to animal husbandry, at the request of the owner or veterinarian, which are cosmetic or for any other legitimate reason, other than to inflict bodily harm on the animal, is not CRUELTY. See 345 I.A.C.14-2-1 through 14-2-5.
DANGEROUS ANIMAL. Any animal which presents a substantial threat of bodily harm to any person or animal in its vicinity or if it was to escape its primary enclosure or escape from the control of its owner or custodian. Such determination is to be made from past acts of aggressive behavior justifying the determination that it is a dangerous animal. A dog’s breed shall not be considered in determining whether or not it is dangerous. No dog may be declared dangerous if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner and keeper of the dog. Also if the person was teasing, tormenting, abusing or assaulting the dog or has in the past, been observed and reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime on the property of the owner.
DOG FIGHTING. Any fighting contest between dogs either for profit or not for profit in which dogs are intentionally used to provide entertainment to spectators or any event promoting organizing or staging a dog fight, or attends a dog fight with an animal in possession.
DOG RUNNING AT LARGE. Any dog not under immediate control of its owner and not confined within the property limits of the dog’s owner.
EMERGENCY ACTION PLAN. A detailed plan to describe what resources, personnel and procedures are to be used in case of release of exotic or wild animal(s) from the confines of owner’s primary enclosure for said animal(s) or escape of animal from property of owner. This plan is to include how and what method(s) to be used to re-secure the animals in their primary enclosure.
EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the United States. EXOTIC ANIMALS shall not include any animal which has been domesticated and are regularly sold by commercial animal establishments and are regularly accepted as pets. See the Wildlife Safety Act, the Wild Bird Conservation Act and the Endangered Species Act, 312 I.A.C. 9-11-1, 312 I.A.C. 9-11-8 - Class III.
FARMING OPERATION. Any operation that sells at least $1,000 of agricultural commodities or that would have sold that amount of produce under normal circumstances.
FERAL CAT. A cat that is un-socialized to humans, whose temperament is one of extreme fear and avoids contact with humans.
FIGHTING DOG. A dog that is intentionally bred, trained or actually used in a dog fight. A dog does not constitute a FIGHTING DOG based solely on its breed.
HARBORING/OWNER. The actions of any person that habitually permits any animal to remain, lodge or feed within his or her home, store, enclosure, yard or place of business or premises on which such person resides or controls. Any animal shall be considered HARBORED/OWNED if it is sheltered for five days. Those who temporarily keep animals, such as pet shops, veterinarians, kennels, shelters, rescues or stables, shall not be considered OWNERS.
HOBBY BREEDER. Any person or entity who owns a maximum of three breeding age dogs or cats who desires to produce a limited number of offspring as a hobby or to enhance the characteristics of the breed, or to ensure the linage of the animal.
IMMUNIZATIONS. The administering of normally accepted vaccines to an animal to prevent the introduction of disease that is common in a certain type of animal specifically, dogs or cats, which is approved by USDA or by the Indiana Board of Animal Health.
MICROCHIP. A microchip RFID (radio frequency identification device) is a computer chip implanted under the skin of an animal (in the universal position between the scapulas) which contains information relating to that animal.
PET SHOP. Any retail establishment engaging in the purchase and/or sale of cats and dogs, either solely or in addition to the purchase and/or sale of any other species of animal, excluding fish.
POISONOUS SNAKES OR REPTILES. Any snake or reptile that is capable of introducing poison into a human body by biting, scratching or spraying.
POSSESSION OF DOG FIGHTING PARAPHERNALIA. A breaking stick, cat mill, spring pole, weighted or non-weighted chain collar weighing ten pounds or more, leather collar with a strap more than two inches in width, fighting pit/ring, controlled substance or prescription drug that has not been prescribed by a licensed veterinarian.
PUBLIC NUISANCE. Any animal that is unrestrained, interferes with vehicular traffic, trespasses, damages property, creates excessive noise, generates foul or noxious odors, or chases pedestrians.
RABIES VACCINATION. An injection by a licensed veterinarian of a dog, cat or ferret with a rabies vaccine licensed by the USDA and approved by the Indiana Board of Animal Health (BOAH) according to the compendium for rabies published yearly.
REGISTRATION. The process in which animals, breeders, rescues, sanctuaries, commercial animal establishments provide necessary information to comply with this chapter. Does not include livestock, pet stores or veterinary offices.
RESCUE. Any non-profit organization that is properly licensed and registered to provide immediately needed essential services to animals to prevent or relieve suffering or abuse and to provide care to animals when intervention is necessary.
RESTRAINT. The securing of an animal by a leash or lead or confining it within the real property of the owner.
SANCTUARY. A facility that rescues and provides shelter and care for animals that have been abused, injured, abandoned or are otherwise in need, where the welfare of each individual animal shall be the primary consideration in ail sanctuary actions,
STRAY. Any animal that does not appear, after reasonable inquiry, to have an ascertainable owner.
VICIOUS ANIMAL. Any animal that display an intensely aggressive behavior toward humans or other animals and makes repeated attempts to attack without provocation.
WILD ANIMAL. Any animal that is indigenous to the continental United States and usually found in the wild, but has been taken into captivity. See 312 I.A.C. 9-11-2, 312 I.A.C. 9-11-8 - Class III.
WOLF HYBRID. An animal created by breeding a domesticated dog with a wolf or animal that is the offspring of a wolf.
Statutory reference:
Animal at large, see I.C. 15-17-18-8 and I.C. 8-17-1-2.1
Attack, see I.C. 15-20-1-4
Bite reporting as it applies to dogs, see I.C. 35-47-7-4
Coydog, see I.C. 15-20-1-5
Cruelty, see I.C. 35-46-3
Dog fighting, see I.C. 35-46-3-9
Dog running at large, see I.C. 15-17-18-8
Possession of dog fighting paraphernalia, see I.C. 35-46-3-8.5
Wild animal, see I.C. 14-22-26-3
Wolf hybrid, see I.C. 15-20-1-5