For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED. To desert any animal, or leave any animals without making provisions for long term care of that animal, or to leave in a place without the expressed permission of the property owner.
ANIMAL. Any live, non-human vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER. Any person who is authorized to implement and enforce town animal care and control ordinances, as described in state statutes.
ANIMAL CRUELTY. An intentional or malicious act(s) whereby necessary or unjustifiable pain, suffering, or death is caused.
ANIMAL NEGLECT. The same definition as found in I.C. 35-46-3-.05(4).
ANIMAL SHELTER. Any facility operated by Department of Animal Services or a municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
AT LARGE. Any place elsewhere than on the owner’s premises, and:
(1) Not restrained by a leash; or
(2) Not under the immediate and complete control of a person capable of controlling such animal.
AUTHORIZED AGENT. Any law enforcement officer or authorized employees of the Department of Animal Services.
BAIT. Using an animal as a lure to provoke an attack upon that animal for the purpose of dog fighting or to cause the intentional harm or death of that animal.
CARE (ADEQUATE AND HUMANE). Providing an animal with the following:
(1) Adequate food and water;
(2) Adequate shelter;
(3) Adequate space; and
(4) Adequate VETERINARY CARE, as defined in this section, necessary to maintain the health of the animal with regard to its specific age, size, species, and breed.
CAT. All domestic members of the feline family of animals.
DANGEROUS DOG. Any dog that, according to the records of the Department of Animal Services and/or the town:
(1) Has aggressively bitten, attacked, or endangered, or has inflicted severe injury or death on a human being on public or private property;
(2) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(3) Has been listed as a potentially dangerous dog by the Department of Animal Services, and exhibits behavior warranting listing as a DANGEROUS DOG.
DEPARTMENT OF ANIMAL SERVICES. The Town of Windfall or its designated agents or employees.
DOG. All domestic members of the canine family of animals.
HARBOR.
(1) The actions of any person who permits any animal to habitually remain, or lodge, or to be fed within his or her home, store, enclosure, yard, or place of business, or any premises on which such person resides or controls.
(2) An animal shall be presumed HARBORED if it is fed or sheltered for three days.
KENNEL. A facility operated principally for the purpose of boarding, housing, grooming, breeding, or training dogs or cats. The facility must be located a minimum of 1,000 feet from the closest dwelling.
LESS SEVERE INJURY. Any injury caused that results in a minor puncture, piercing, or breaking of the skin made with teeth, fangs, or claws of any animal that does not require extensive medical treatment.
OF RECORD. Recorded in the records of the Recorder of the county, or in the records of the Auditor of the county.
OWNER. Any person or persons owning or having the care, custody, or control of any animal.
PERSON. Any individual, firm, association, partnership, or corporation.
POTENTIALLY DANGEROUS DOG.
(1) Any dog which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the dog’s owner;
(2) Any dog which, when unprovoked, bites a person causing a LESS SEVERE INJURY, as defined in this section;
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog;
(4) Any dog which chases or menaces a person; or
(5) Any dog which runs at large.
PUBLIC NUISANCE.
(1) As related to animals, shall mean any animal or animals that:
(a) Attacks passers-by or passing vehicles;
(b) Damages public or private property;
(c) Are not confined while in estrus (heat);
(d) Barks, whines, or howls in an excessive or continuous fashion, unreasonable under the circumstances, as to violate the peace and quiet of the neighborhood; or
(e) Do not have a permanent means of identification as provided for in this chapter.
(2) It shall also be a PUBLIC NUISANCE to harbor more than four dogs or cats over the age of four months, unless classified as a kennel.
RESTRAINT. The securing of an animal by leash or confining it within the real property limits by its owner.
SECURE ENCLOSURE.
(1) The dog/cat is securely and humanely confined on the owner’s property within a house, building, locked pen, or other enclosure that is designed to prevent the potentially dangerous dog from escaping over, under, or through the enclosure (known as the PRIMARY ENCLOSURE).
(2) If the dog is maintained outside, a portion of the owner’s property must be fenced with a secured perimeter fence of sufficient height and strength to prevent entry by the public, and to prevent the dog’s escape from the owner’s property.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner.
TOWN. All areas within the municipal boundaries of the town as of the date of this passage, and as thereafter amended or changed by annexation.
VETERINARY CARE.
(1) Care provided under direction of a licensed veterinarian and including medical care necessary to maintain an animal’s health and prevent unnecessary suffering.
(2) Adequate care is based on age, species, and breed, and the potential for a disease or condition to spread to other animals or humans, including, but not limited to:
(a) Ongoing infections;
(b) Infestation of parasites;
(c) Any disease; or
(d) Any medical condition or injury where withholding or neglecting to provide such care would endanger the health or welfare of the animal.
WATER.
(1) Clean, fresh, potable water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal’s health.
(2) Snow, ice, or rancid or contaminated water are excluded from the definition of adequate WATER.
WILD ANIMALS. Any non-domesticated animal, with the exception of small non-poisonous aquatic or amphibious animals and small caged birds, and any domesticated animal including, but not limited to, horses, cattle, pigs, chickens, and roosters.
(Ord. 2020-10, passed 10-27-2020)