§ 4-55. Definitions.

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

Animal control officer means any person or persons employed, contracted for or appointed by the town for the purpose of aiding in the enforcement of this article, including any officer of the town's police department whose duties in whole or in part include assignments which involve the enforcement of this article.

Enclosure means a fence or structure of at least six feet in height or other structure suitable for preventing the entry of young children, and for confining a vicious animal therein, in conjunction with other measures which may be taken by the owner or approved by the animal control officer. An enclosure shall be securely designed, constructed and locked so as to prevent a vicious animal from escaping therefrom. The enclosure shall conform to the building codes and zoning requirements of the town.

Owner means any person, firm, corporation, organization, or department processing, harboring, keeping, possessing or having custody or control of a vicious animal.

Vicious animal.

(1)

The term "vicious animal" means any one of the following:

a.

Any animal which, when unprovoked, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon streets, sidewalks, or any other public grounds or places;

b.

Any animal with a propensity, tendency or disposition to attack unprovoked. Evidence of such propensity, tendency or disposition shall include, but not be limited to, lunging at a fence in a vicious or terrorizing manner in apparent attitude of attack when someone walks by or by chasing any person;

c.

Any animal which causes injury to or otherwise endangers the safety of human beings or domestic animals;

d.

Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property;

e.

Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for animal fighting; or

f.

Any animal not licensed according to any applicable federal law and/or any applicable state law other than IC 6-9-39.

(2)

Notwithstanding the above definition of vicious animal, no animal shall be declared vicious if:

a.

An injury or damage is sustained from the animal by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime;

b.

Any injury or damage is sustained from the animal by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal at issue or was on the property of the owner of such animal;

c.

The animal was protecting or defending a human being within its immediate vicinity from an unjustified attack or assault; or

d.

The animal is a K-9 patrol dog or police dog owned or kept by a law enforcement agency and is being used in the line of duty or for law enforcement purposes.

(Ord. No. 2007-06, art. VII(A), 8-9-2007)