§ 14-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to deposit, leave, drop-off or otherwise dispose of any live animal on public or private property without providing the requisite care prescribed under this chapter.

A.D.B.A. means the American Dog Breeders Association.

Agent means any person 18 years or older who is authorized by the animal's owner to act on such owner's behalf.

A.K.C. means the American Kennel Club.

Altered animal means any animal that has been operated on to prevent it from procreating.

Animal means any live, nonhuman, vertebrate, or invertebrate creature that is domestic, wild, or exotic.

Animal control agency means any governmental or private entity charged with or contracted with and given authority for the enforcement of the provisions of this chapter for and on behalf of the city.

Animal control commission means the governing board established by this chapter.

Animal control officer means a person authorized to carry out the provisions of this chapter.

Animal performances or exhibitions means any spectacle, performance, display, act, exhibition, or event in which animals are used.

Animal shelter means a facility or vehicle operated by a governmental or private entity for the purpose of providing or promoting animal welfare and the humane treatment of animals.

At large means an animal that is:

(1)

Not on a leash and is off the property of its owner, its owner's agent, or its keeper;

(2)

On a leash that does not adequately confine the animal to the property of its owner, its owner's agent, or its keeper; or

(3)

On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal.

Restrictions pertaining to at large animals shall not apply to free-roaming cats.

Attack dog means any dog that is trained to attack upon command or those that do attack or have attacked another animal or human being. This definition excludes K-9 dog corps in use by law enforcement agencies.

Auction means any place or facility where animals are regularly bought, sold, or traded by any means, except for those facilities otherwise defined in this chapter as animal shelters. This definition shall also include the groups that sponsor such events.

Bite means to seize, tear, wound, or cut with the teeth, resulting in a break in the skin.

Breeder means any person or for-profit business or corporation which harbors or keeps any animals, and allows or causes those animals to procreate, for the purpose of selling the offspring.

Cattery means any person engaged in keeping more than three unaltered cats.

Circus means any performances, which are given for a fee, by traveling companies on vacant lots, using tents, or some other kind of temporary enclosure, for sheltering the public. Circuses are also subject to the licensing provisions set forth in this chapter.

Controlled animal means any animal not defined as a domestic animal, with the exception of small, nonpoisonous aquatic or amphibious animals, nonpoisonous reptilian animals, small cage birds, and psittacine, and whose possession requires a valid city controlled animal permit. The term "controlled animal" shall include, but not be limited to, the following:

(1)

All poisonous animals, including rear-fang snakes.

(2)

Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus);

(3)

Baboons (Papio, Mandrillus);

(4)

Bears (Ursidae);

(5)

Bison (Bison);

(6)

Cheetahs (Acinonyx jubatus);

(7)

Crocodilians (Crocodilia);

(8)

Constrictor snakes, such as boa, python, and anaconda;

(9)

Coyotes (Canis latrans);

(10)

Deer (Cervidae), including all members of the deer family, such as white-tailed deer, elk, antelope, and moose;

(11)

Elephants (Elephas and Loxodonta);

(12)

Game cocks and other fighting birds;

(13)

Hippopotami (Hippopotamidae);

(14)

Hyenas (Hyaenidae);

(15)

Jaguars (Panthera onca);

(16)

Leopards (Panthera pardus);

(17)

Lions (Panthera leo);

(18)

Lynxes (Lynx);

(19)

Monkeys;

(20)

Ostriches (Struthio);

(21)

Piranha fish (Characidae);

(22)

Pumas (Felis concolor), also known as cougars, mountain lions, and panthers;

(23)

Rhinoceroses (Rhinocerotidae);

(24)

Sharks (class Chondrichthyes);

(25)

Snow leopards (Panthera uncia);

(26)

Spiders and insects which are poisonous;

(27)

Tigers (Panthera tigris);

(28)

Walking Catfish; or

(29)

Wolves (Canis lupus).

Criminal trespass shall have the meaning set forth in IC 35-43-2-2.

Dangerous animal means:

(1)

Any animal which:

a.

Has attacked or bitten another animal while off the property of its owner, its owner's agent, or its keeper;

b.

Has attacked, attempted to attack, bitten, or seriously injured any human being, without provocation, whether on or off the property of its owner, its owner's agent, or its keeper;

c.

Has a history, documented with a public agency or its designee, of attacking or biting any humans or domestic animals;

d.

Has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten or endanger the safety of humans or domestic animals;

e.

Has been found to be at large and has been documented to be at large by an animal control officer on three or more separate occasions in a 12-month period and has at any time been documented to show aggressive behavior; or

(2)

No animal shall be considered a dangerous animal if the animal causes injury or damage to a person while that person is:

a.

Committing or attempting to commit a criminal offense against the owner or agent of the owner;

b.

Committing a criminal trespass upon the premises occupied by the owner, agent, or keeper of the animal; or

c.

Teasing, tormenting, abusing, or assaulting the animal.

(3)

No K-9 patrol dogs or police dogs owned or kept by a law enforcement agency shall be considered a dangerous animal when used in the line of duty or for law enforcement purposes.

Designee means a person, organization, or entity selected, appointed, or nominated for a particular purpose or duty.

Domestic animal means any animal that is a member of one of the following species:

(1)

Dog (Canis familiaris);

(2)

Cat (Felis cattus or Felis domesticus);

(3)

Cattle (Bos domesticus, Bos taurus, or Bos indicus);

(4)

Horse (Equus caballus);

(5)

Donkey (Equus asinus);

(6)

Sheep (Ovis aries);

(7)

Goat (Capra hircus);

(8)

Rabbit (Oryctolagus cuniculus);

(9)

Mouse (Mus musculus);

(10)

Rat (Rattus);

(11)

Guinea pig (Cavis procellus);

(12)

Hamster (Mesocriecetus auratus);

(13)

Gerbil (Gerbillus);

(14)

Cow or ox (Bovine);

(15)

Pigeon, homing, or racing;

(16)

Chicken, turkey, goose, duck;

(17)

Swine;

(18)

Chinchillas;

(19)

Mink;

(20)

Ferrets;

(21)

Bisons;

(22)

Llamas; and

(23)

All other animals defined in IC 15-2.1-2-15.

Eartipping means the removal of the distal one-quarter of a cat's left ear to indicate the cat has been spayed or neutered and vaccinated as part of a trap-neuter-return program for feral cats.

Escape-proof enclosure means a facility secured by latch, lock, or bolt and is an enclosure or kennel, fully contained by wire (minimum of 11-gauge), six-sided (including the top), of which one can be a concrete or brick floor, and that an animal cannot escape from without opening a lock or bolt.

Exotic animal means any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii. This definition does not include fish, furbearing animals commercially bred for the furrier trade, and birds protected under federal laws and regulations.

Exposed to rabies means any human or nonhuman, warm-blooded mammal that has been bitten or exposed to any other animal known or reasonably suspected to have been infected with rabies.

Exterminator means any person or company who receives payment for the removal of nuisance animals from commercial or private property.

Fight means a conflict between two or more animals that is intentionally organized for such purpose.

Foster animal means any animal that is being harbored for the purposes of permanent adoption placement. All individuals with foster animals in the city must work with an established agency and adhere to the provisions of this chapter.

Fowl means any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots, or similar types of birds normally kept in cages.

Free-roaming cat means any unowned, outdoor cat.

Harboring means the actions of any person that permit an animal habitually to remain, to be lodged or to be fed within one's home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three consecutive days or more.

Health care provider means any clinic, physician, veterinarian, nurse, E.M.T., paramedic, first responder, hospital, emergency room, urgent care clinic, or veterinary clinic or hospital.

Humane officer means any person or agency designated by the state or the city as a person who is qualified to perform the duties required by the law of this city and state regarding animals.

Keeper means any person, other than the owner, who has actual or constructive possession of an animal for the purpose of managing, controlling, or caring for such animal. A person shall be construed as a keeper of an animal even if he does not have the owner's permission.

Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting, or keeping more than three dogs for the purpose of hire, training for a fee, or selling.

Leash means a cord, chain, rope, strap, or other such physical restraint.

Microchip means a tiny computer chip, implanted underneath the skin of an animal, that contains identification information relating to that animal. For the purposes of this chapter, only standard 125 mz chips implanted in the universal location for small animals are acceptable.

Muzzle means a device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.

Nip or scratch means to pinch or squeeze with the teeth or claws, not necessarily breaking the skin or damaging any tissue.

Not-for-profit means a business, association, or entity established or organized as a not-for-profit corporation under state law or recognized as not for profit by the Internal Revenue Service or the state department of revenue. The term "for-profit" means all other types of businesses, associations, or entities.

Off property means beyond the legal boundaries of the real property on which the owner, agent, or keeper resides.

Owner means any person 18 years of age or older having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to any animal covered by this chapter.

Performing animal exhibition means any spectacle, display, act, exhibit or event other than a circus, in which performing animals are used.

Pet means any animal kept for pleasure rather than utility.

Pet shop means any person, group of persons, partnership, or corporation, whether operated separately or in connection with another business enterprise, which sells or barters animals.

Police dogs or K-9 patrol dogs means professionally trained dogs used by public safety officers for law enforcement or investigative purposes and activities.

Provoked means to deliberately arouse, incite, or excite.

Public nuisance animal means any animal that endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to:

(1)

Any animal found running at large;

(2)

Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;

(3)

Any animal that chases or interferes with motor vehicles in a public right-of-way;

(4)

Any animal that attacks other animals;

(5)

Any animal that damages, soils, defiles, or defecates on any property other than that of its owner;

(6)

Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7)

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(8)

Any animal in heat that is not confined or restrained so as to prevent attraction or contact with other animals;

(9)

Any animal in any section of a public park, playground, school yard, or other recreational area that is found running at large;

(10)

Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(11)

Any animal that trespasses on the private property of persons other than the owner of the animal; or

(12)

Any animal determined to be a dangerous animal.

Rabies vaccination means an injection, licensed by the U.S.D.A. and approved by the state board of health, given to a dog, cat, or other animal by a licensed veterinarian to prevent the spread of rabies.

Restraint means the securing of an animal by leash or lead, or confining it within the real property limits of its owner or agent.

Riding school or stable means any place that provides, for a fee, boarding and/or riding instructions for a horse, pony, donkey, mule, or burro.

Rodeo means a performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding.

Serious injury or death means:

(1)

Any bodily injury, which is caused by an animal and is medically documented, that:

a.

Creates a substantial risk of death;

b.

Causes serious permanent disfigurement, unconsciousness, or extreme pain; or

c.

Results in a permanent or protracted loss or impairment of a bodily member or organ.

(2)

This definition shall not include any nip from an animal.

Service animal means any animal that is trained to assist a disabled person.

Stray means any animal that is not under restraint and/or upon reasonable inquiry by an animal control officer does not appear to have an owner.

Trap-neuter-return means a management technique in which homeless, free-roaming cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated against rabies, and then returned to the habitat in which they were found.

U.K.C. means the United Kennel Club.

Unconfined dangerous animal means a dangerous animal which is not securely confined indoors, not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner, agent, or keeper of such animal.

Unprovoked means without incitement or stimulation.

U.S.D.A. means the United States Department of Agriculture.

Veterinarian means any person licensed and accredited to practice veterinary medicine in the state.

Wild animal means any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.

Zoological park means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals, which is operated by a person, partnership, corporation, or governmental agency that is established for educational purposes and is properly zoned for such use, and which possesses valid licenses and permits as required under federal or state law.

( Ord. No. 5485 , § 1(exh. A), 6-1-2015)