For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER. The following conditions define adequate shelter:
(1) When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun.
(2) Whenever animals are kept outdoors, they shall be provided with access to shelter to allow them to remain dry during rain or snow.
(3) In kennels where animals are housed exclusively outdoors, sufficient clean bedding material or other means of protection from the weather elements shall be provided when the atmospheric temperature falls below 40° Fahrenheit. Each shelter shall be provided with a windbreak at its entrance.
(4) A suitable method shall be provided to drain surface water rapidly.
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 CONTROL OFFICER. The person designated by the Chief of Police to conduct animal control within the city.
ANIMAL WELFARE ORGANIZATION. Any not-for-profit organization for the prevention of cruelty to animals incorporated under state laws.
CATTERY. Any person or group of persons, partnership, or corporation engaged in keeping more than three cats.
CITY. The City of Winchester, Indiana.
CITY COUNCIL. The City Council of the city.
DANGEROUS ANIMALS.
(1) Any animal which, according to the records of the appropriate authority, has inflicted severe injury on a human being without provocation on public or private property; or
(2) Any animal which, according to the records of the appropriate authority, has killed or severely injured a domestic animal, with or without provocation, while off the owner's property; or
(3) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for fighting;
(4) Any animal known to possess tendencies to attack or bite persons.
FARM ANIMALS. Farm animals include but are not limited to the following: cows, horses, goats, sheep, donkeys, chickens, turkeys, pigs, llamas, any other animal commonly used on a farm for the production of goods for sale.
GUIDE DOGS. Dogs trained to assist the handicapped.
HARBORER. Any person who provides food and/or shelter for any domesticated animal other than on a periodic or temporary basis.
KENNEL. Any person, group of persons, partnership or corporation engaged in keeping more than three dogs, or the business of boarding, or training for a fee.
MAYOR. The Mayor of the city.
MICROCHIP IMPLANT. A passive electronic device that is injected into an animal by means of a pre-packaged sterilized implanting device for purposes of identification and/or the recovery of animals by their owners.
MICROCHIP READER. An electronic device that detects any implanted microchip.
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 who 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.
POLICE CHIEF. Police Chief of the city.
PUBLIC NUISANCE. Any animal which:
(1) Runs uncontrolled;
(2) Molests or disturbs persons or vehicles by chasing, barking, or biting;
(3) Attacks other animals;
(4) Damages property other than that of the owner or harborer;
(5) Barks, whines, howls, meows, cries, or makes other noise excessively;
(6) Creates noxious or offensive odors;
(7) Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer; or
(8) Creates an insect breeding and/or attraction site to an accumulation of excreta.
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 Board 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.
WILD ANIMAL. Any living vertebrate animal normally found in the wild state.
WINCHESTER ANIMAL CONTROL. A division of the Police Department established to regulate animal control in the city, which may establish a facility for the purpose of animal control, care, and disposition, as set forth in this chapter, operated by and under the direct supervision of the Animal Control Officer.
(Ord. 2005-12, passed 11-7-05; Am. Ord. 2006-26, passed 9-18-06)