As used in this title, the following terms mean, unless otherwise designated:
“Abandoned animal” means any animal whose owner/guardian has knowingly, intentionally or recklessly left it unattended, without proper food, water or shelter, for twenty-four hours or more.
“Altered animal” means any animal which has been spayed or neutered.
“Animal” means any live, nonhuman vertebrate creature, domestic or wild.
“Animal exhibition, permanent” means any spectacle, display, act or event other than circuses, in which animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are perpetual in nature and in a stationary location.
“Animal exhibition, transient” means any spectacle, display, act or event other than circuses, in which animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are traveling shows of a temporary duration.
“At large animal” means a stray animal or any animal whose owner/guardian knowingly, intentionally, or recklessly allows the animal to stray beyond premises owned, lawfully occupied or controlled by the owner/guardian unless under restraint. This section does not apply to dogs engaged in lawful hunting accompanied by the owner/guardian or custodian or to feral cats which belong to a managed colony.
“Auctions” means any place or facility where domestic livestock are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter.
“Chicken” means Gallus gallus domesticus, a domestic bird typically kept on a farm. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys or waterfowl.
“Chicken coop” means an enclosed structure for housing chickens that provides shelter from the elements.
“Chicken flock” means one chicken or a group of two or more chickens which:
(a) Contains no more than five hens and no roosters; and
(b) Is issued a permit by the city of Bloomington animal care and control; and
(c) Is not otherwise permitted by Section 20.07.16.01, Table 7-2 of the Bloomington Municipal Code as the same may be hereafter amended or replaced; and
(d) Reside in an area zoned estate residential (RE) or single-dwelling residential (RS) or those estate residential or single-dwelling residential portions of a planned unit development (PUD) as defined in Chapter 20.07 of the Bloomington Municipal Code, as the same may be hereafter amended or replaced.
“Chicken run” means an enclosed outside yard for keeping chickens.
“Circus” means a commercial variety show featuring animal acts for public entertainment.
“Colony” means one or more feral cats, whether unmanaged or managed.
“Colony caretaker” means a person who provides food, water and/or shelter for feral cats in a managed colony. Colony caretakers shall not be deemed to own or harbor said cats.
“Commercial animal establishment” means any major and/or minor petshop, nonmunicipal animal shelter/sanctuary, auction, riding school or stable, zoological park, circus or animal exhibition.
“Commercial kennel” means any person engaged in owning or harboring more than four dogs and cats over the age of six months, any one of which is unaltered; or engaged in the business of boarding, training for a fee and/or grooming animals.
“Designee” means an organization or individual recognized by the city of Bloomington animal care and control department that uses the trap-neuter-return method for stabilizing and reducing the feral cat population.
“Domestic livestock” means any animal, other than a domestic pet, that is a member of one of the following species:
(1) Bison;
(2) Elk;
(3) Poultry;
(4) Cattle;
(5) Donkey;
(6) Horse;
(7) Goat;
(8) Llama;
(9) Mule;
(10) Ostrich;
(11) Pig; or
(12) Sheep.
“Domestic pet” 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) Rabbit (Oryctolagus cuniculus);
(4) Mouse (Mus musculus);
(5) Rat (Rattus rattus);
(6) Reptile (Reptilis), as defined herein;
(7) Guinea pig (Cavis porcellus);
(8) Chinchilla (Chinchilla laniger);
(9) Hamster (Mesocricetus auratus);
(10) Gerbil (Gerbillus gerbillus);
(11) Ferret (Mustela putorius furo).
“Exotic animal” means an animal belonging to a species that is not native to the United States, or an animal that is a hybrid or cross between a domestic animal and an animal that is not native to the United States.
“Feral cat” means a cat that has lived its life with little or no human contact, is not socialized or is ear-tipped or tattooed.
“Harboring” means the actions of any person that permit any animal habitually to remain or lodge or to be fed within his 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.
“Major breeder” means any person who intentionally or unintentionally causes or allows the breeding of more than one litter of dogs or cats in a twelve-month period, or makes more than one cat or dog available for breeding purposes in a twelve-month period; or any person who offers for sale, sells, trades, receives any compensation or gives away more than one litter of dogs or cats in a twelve-month period, with the exception of a litter of dogs or cats taken to the animal shelter.
“Major pet shop” means any retail establishment engaging in the purchase and/or sale of cats and/or dogs, either solely or in addition to the purchase and/or sale of other species of animal.
“Managed colony” means a colony of feral cats that is registered with the city of Bloomington animal care and control department or its designee and is maintained by a colony caretaker using the trap-neuter-return method to stabilize and reduce the feral cat population.
“Minor breeder” means any person who intentionally or unintentionally causes or allows the breeding of one litter of dogs or cats per twelve-month period, or makes one dog or cat available for breeding purposes per twelve-month period; or any person who offers for sale, sells, trades, receives any compensation for or gives away one litter of dogs or cats within a twelve-month period, with the exception of a litter of dogs or cats taken to the animal shelter or animals that are altered prior to being rehomed; or any person who owns one or more unaltered dogs and/or cats that are found to be in violation of Chapter 7.24 of this title.
“Minor pet shop” means any retail establishment engaging in the purchase and sale of any species of animal, with the exception of cats and dogs.
“Municipal animal shelter” means any facility operated by a municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this title or of state law.
“Noncommercial kennel” means any person engaged in owning or harboring, with the exception of dogs and/or cats fostered for the city of Bloomington animal care and control department or feral cats belonging to a managed colony, more than four altered dogs; more than six altered cats; or more than a total of ten altered dogs and cats combined.
“Nonmunicipal animal shelter/sanctuary” means any facility operated by a person or organization other than a municipality for the purpose of harboring and/or rehoming animals.
“Owner/guardian” means a person owning or harboring one or more animals for a period of longer than twenty-one days.
“Person” means any individual, firm, association, joint stock company, syndicate, partnership, or corporation.
“Potentially dangerous” means any of the following:
(1) Any animal which, when unprovoked, on two separate occasions within the prior thirty-six month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off of property owned, lawfully occupied or controlled by the owner/guardian or keeper of the animal.
(2) Any animal which, when unprovoked, bites a person causing an injury that is not a severe injury, as defined below.
(3) Any animal which, when unprovoked and off of property owned, lawfully occupied or controlled by the owner/guardian or keeper of the animal, on two separate occasions within the prior thirty-six month period, has bitten or otherwise caused injury to a domestic animal that is not a severe injury, as defined below.
“Public nuisance” means any animal or animals that:
(1) Molest passersby or passing vehicles;
(2) Attack other animals;
(3) Damage public property or private property;
(4) Bark, whine or howl in an excessive or continuous fashion;
(5) Defecate on public or private property, other than the owner/guardian’s/harborer’s/colony caretaker’s property, unless the waste is immediately removed and disposed of in a sanitary manner by the animal’s owner/guardian/harborer/colony caretaker; or
(6) Otherwise interferes with the free use and comfortable enjoyment of life or property.
“Reptile” means any air-breathing vertebrate of the class Reptilia, with the exception of:
(1) Any reptile on the federal endangered or threatened species list or on the convention or international trade in endangered species list;
(2) Any venomous reptile, including front- or rear-fanged reptiles;
(3) Any python of a species which naturally exceeds twelve feet in length;
(4) All crocodilians, including alligators, caimans, and crocodiles;
(5) Monitor lizards;
(6) Anacondas;
(7) Any reptile of a species native to Indiana; or
(8) Any reptile protected by state or federal law.
“Research laboratory” means any animal research facility registered with the United States Department of Agriculture under authority of the Federal Laboratory Animal Welfare Act, 71 United States Code Section 2132 et seq.
“Restraint” means the securing of an animal by a leash or lead or confining it within the real property limits of property owned, lawfully occupied or controlled by its owner/guardian.
“Riding school or stable” means any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule or burro.
“Service dogs” means any dog engaged in working or training to work for the assistance of hearing or sight impaired, or physically handicapped or disabled persons.
“Severe injury” means any physical injury to a human being or domestic pet or domestic livestock that results in multiple bites, broken bones, muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
“Stray” means any animal that does not appear, upon reasonable inquiry, to have an owner/guardian.
“Tether” means attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. “Tether” does not include the use of a leash to walk a domestic pet.
“Trap-neuter-return” means a full management plan in which feral cats already living outdoors are humanely trapped, then evaluated, sterilized and ear-tipped or tattooed by veterinarians. Kittens under ten weeks old are adopted into good homes if they become socialized. Healthy adult cats too wild to be adopted are returned to their familiar habitat under the lifelong care of volunteers.
“Veterinary hospital” means any establishment maintained and operated by a veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
“Vicious animal” means any of the following:
(1) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or domestic pet.
(2) Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner/guardian or keeper has been notified of this determination, continues the potentially dangerous behavior, as defined herein or is maintained in violation of Chapter 7.24 of this title.
“Wild animals” means any animal not a domestic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and birds of the order Psittaciformes, canaries, and finches.
“Wildlife rehabilitator” means any person or persons that acquire the necessary state and federal permits to allow the rehabilitation of wildlife in their homes, on their property or in a professional facility, with the intent of releasing such animals according to state and federal guidelines.
“Zoological park” means any facility, other than a pet shop or kennel, displaying or exhibiting, without the predominant purpose of selling, one or more species of nondomesticated animals. The facility must be accredited by the American Zoological Association (AZA) or The Association of Sanctuaries (TAOS). (Ord. 07-01 §§ 1—7, 2007; Ord. 06-21 § 1, 2006; Ord. 05-33 § 2, 2005: Ord. 99-39 §§ 1—14, 1999; Ord. 98-27 §§ 1, 2, 3, 1998; Ord. 85-23 § 1, 1985; Ord. 78-20 § 1, 1978: Ord. 76-14 § 1 (part), 1976).