For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The voluntary relinquishment of possession by the owner with the intention of terminating his or her ownership for 72-consecutive hours but without vesting possession in another individual.
AMATEUR BREEDER. Any person or entity, while not a licensed commercial animal establishment, allowing a dog or cat under his, her, or their control to breed with another and does not immediately give the offspring to an animal shelter or to animal control.
ANIMAL. Any live, non-human, warm- or cold-blooded vertebrate creature or reptile, domestic or wild.
ANIMAL CONTROL OFFICER. Hereafter referred to as ACO. The person(s) designated by the Chief of Police, Mayor, or Common Council to enforce this chapter including, but not limited to, city police officers.
ANIMAL CONTROL SERVICE. The person(s), committee, partnership, LLC, corporation, association, or society designated by the Mayor or Common Council to enforce this chapter.
ANIMAL SHELTER. Any premises designated by the city as a site for impounding and caring for animals which are at large, lost, or otherwise homeless.
AT LARGE. Any animal not under restraint.
ATTACK. Any behavior by an animal that constitutes an immediate and serious physical threat to human beings or other animals regardless of whether such behavior results in injury to such human beings or other animals or not. This behavior includes, but is not limited to, snapping at, lunging at, and/or attempting to bite a human being or animal.
AUCTIONS. Any place or facility where animals are regularly bought, sold, or traded except for those facilities otherwise defined herein.
BODILY INJURY. Any impairment of physical condition including physical pain.
CIRCUS. A commercial variety show featuring animal acts or displays for public acts or entertainment.
CITY ANIMAL SHELTER. The Alexandria Animal Shelter (hereafter AAS) or any other equivalent facility so designated from time to time by the city.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming salon, auction, riding school or stable, zoological park, circus, performing-animal exhibition, or kennel.
DOGHOUSE. Housing for the specific purpose of sheltering dogs with an opening on one side for the animal to enter and a roof.
DOMESTIC ANIMALS. Any animal that is a member of one of the following species:
(1) Dog (Canis familiaris);
(2) Cat (Felis catus or Felis domesticus);
(3) Cattle (Box domesticus or Bos taurus or Bos indicus);
(4) Horse (Equus caballus);
(5) Donkey (Equus asinus);
(6) Pig (Sus scrofa);
(7) Sheep (Ovis aries);
(8) Goat (Capra hircus);
(9) Rabbit (Oryctolagus cuniculus);
(10) Monkey (Cebidae, Callithricidae, and Cercopithecidae);
(11) Mouse (Mus musculus);
(12) Rat (Rattus rattus);
(13) Guinea pig (Cavia porcellus);
(14) Chinchilla (Chinchilla lanigera);
(15) Hamster (Mesocricetus auratus); and
(16) Gerbil (Gerbillus gerbillus).
ENCLOSURE. A fence or structure of at least six feet in height or another 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 ACO or Building Inspector. An ENCLOSURE shall be securely designed, constructed, and locked so as to prevent a vicious animal from escaping from the structure. The ENCLOSURE shall conform to the Building and Zoning Code of the city.
FOSTER or FOSTERING. The care of an animal on a temporary basis for the purpose of adoption or placement with a third party on a permanent basis.
GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
HARBORING. The actions of any person(s) which permit 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 shall be considered HARBORING such animal. An animal shall be presumed HARBORED if it is fed or sheltered for three-consecutive days.
HUMANE SOCIETY. Any organization for the prevention of cruelty to animals organized under the laws of the state.
IDENTIFICATION. Wearing either a microchip, rabies tag, tattoo, or tag indicating the owner’s name, address, and/or phone number.
KENNEL. An establishment wherein any person or any person who otherwise engages in boarding, breeding, buying, fostering, keeping, letting for hire, training for a fee, or selling dogs and/or cats. Anyone keeping more than a total of four or more unaltered dogs and/or cats six months of age shall be deemed a KENNEL OPERATOR. Specifically excluded are groups of cats all of which are altered and all of which are confined to the owner’s premises.
OWNER. Any person(s), partnership, or corporation owning, keeping, or harboring one or more animals.
PERFORMING-ANIMALS EXHIBITION. Any spectacle, display, act, or event, other than circuses, in which performing animals are used.
PERSON. Any individual(s), firm, association, LLC, syndicate, partnership, or corporation.
PET. Any animal kept for pleasure rather than utility or sale.
PET SHOP. Any person, partnership, LLC, or corporation, whether separately or in conjunction with another business enterprise, except for a licensed kennel that buys, sell, or boards any species of animal.
PUBLIC NUISANCE. Any animals which:
(1) Is not physically confined to the owner’s property or not on a leash or lead while away from the owner’s property;
(2) Molests passersby or passing vehicles;
(3) Attacks a human or other animals;
(4) Is repeatedly at large;
(5) Damages or leaves fecal matter on public or private property; and/or
(6) Barks, whines, or howls in an excessive or continuous fashion.
RESTRAINT. Any animal secured by a leash or lead or within the real property limits of it’s owner. An animal not physically confined to the owner’s property shall be presumed not to be under RESTRAINT.
RIDING SCHOOL OR STABLE. Any place which has available for hire, boarding, and/or riding instruction for any horse, pony, donkey, mule, or burro.
STRAY. Any animal which, upon reasonable inquiry, does not appear to have an owner and is not being harbored by a resident.
UNALTERED ANIMAL. Any animal that has not been spayed or neutered.
VETERINARY HOSPITAL. Any establishment maintained and operated by a veterinarian for surgery, diagnosis, and treatment of diseases and injury of animals.
VICIOUS ANIMAL.
(1) Any one of the following:
(a) Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise threaten the safety of human beings or domestic animals. Evidence of such shall include, but not be limited to, lunging at fences in an aggressive or terrorizing manner in an apparent attitude of attack when someone walks by or by chasing any person who is standing, walking, running, or on a motorized or non-motorized method of transportation;
(b) Any animal which, because of its vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life as required by this chapter;
(c) Any animal which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal;
(d) Any animal certified by a veterinarian, after observation thereof, as posing a danger to human life or property if not kept in the manner required by this chapter upon the basis of a reasonable medical probability; and/or
(e) Any animal harbored primarily or partially for the purpose of fighting or any animal trained for animal fighting.
(2) Notwithstanding the above definition of a VICIOUS ANIMAL, no animal shall be declared VICIOUS if:
(a) An injury or damage sustained from the animal by a person who, at the time of 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) An injury or damage is sustained by the animal from a domestic animal which, at the time of such injury or damage, was teasing, tormenting, abusing, or assaulting the animal at issue or trespassing upon 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 by another person or animal; and/or
(d) The animal is a canine patrol dog or police dog owned by a law enforcement agency and is being used in the line of duty or for law enforcement purposes.
WILD ANIMALS. Any animal not a domestic animal with the exception of nonpoisonous aquatic or amphibious animals and small caged birds.
ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, LLC, corporation, or government agency.
(Ord. 2022-005-C, passed 6-6-2022)