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§ 91.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT. To deposit, leave, drop off, or otherwise dispose of any live animal without providing immediate human care on any public or private property.
   AGENT. Persons 18 years or older authorized by an owner to act on the owner’s behalf.
   ALTERED ANIMAL. Any animal that has been operated on, preventing procreating.
   ANIMAL. Any non-human vertebrate creature, domestic, wild or exotic.
   ANIMAL SHELTER. A facility designated or recognized by the Town Council for the purpose of impounding and/or caring for animals.
   AT-LARGE. An animal located off the owner property and not under restraint of its owner or agent.
   DOMESTIC FARM ANIMAL. Any animal that is a member of one of the following species:
      (1)   Cattle;
      (2)   Horse;
      (3)   Donkey or mule;
      (4)   Swine;
      (5)   Sheep;
      (6)   Goats;
      (7)   Ox;
      (8)   Llama;
      (9)   Poultry;
      (10)   Bison;
      (11)   Ostrich;
      (12)   Elk;
      (13)   Deer;
      (14)   Alpaca; or
      (15)   Any animal not defined as a domestic pet, exotic animal or wild animal.
   DOMESTIC PET. 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 (Repilis), as defined herein;
      (7)   Guinea pig (Cavis Porcellus);
      (8)   Chinchilla (Chinchilla Laniger);
      (9)   Hamster (Mesocricetus Auratus);
      (10)   Gerbil (Gerbillus Gerbillus); or
      (11)   Ferret (Mustela Putorius Furo).
   EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur-bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and non- poisonous snakes and reptiles.
   GUIDE DOG. Service animal.
   HARBORING. The actions of any person that permits an animal to habitually remain, lodge or to be fed within his or her home, store, enclosure, yard, place of business or any premises on which that person resides or controls. An animal shall be presumed harbored if it is fed or sheltered.
   OWNER. A person having the right of property or custody of an animal or a person keeping or harboring an animal, or knowingly permitting and encouraging an animal to remain on or about any premises occupied by that person.
   PET. Any animal kept for pleasure rather than utility.
   PROPERTY. Lots or parcels of real estate including, in addition to those within their respective boundaries, all of the grounds lying between the property line and the improved portion of adjacent streets or alleys.
   PUBLIC NUISANCE. Any animal which:
      (1)   Interferes with passersby or passing vehicles.
      (2)   Attacks other animals or persons.
      (3)   Is at large.
      (4)   Damages private or public property.
      (5)   Causes frequent or loud continued noises or other sounds common to its species, which disturbs the comfort or repose of any person in the immediate neighborhood.
      (6)   Causes foul or noxious odors, which offend residents in the neighborhood.
   RESTRAINT. The securing of an animal by leash or lead or confining it within the real property limit of its owner or agent.
   STRAY. Any animal brought to the animal shelter by an Animal Warden, someone other than the owner, or any animal for which no owner is known.
   VICIOUS ANIMAL. Any animal that has without provocation, attacked a human being or other animal. Any animal that by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals, or an animal that has previously attacked or bitten humans or another animal.
   WILD ANIMAL. An animal of any species or variety which predominately exists and propagates in a state of nature, without usual or substantial human care or culture, and is not ordinarily kept as a pet or livestock, irrespective of the fact that a particular such animal may have been born in captivity or tamed.
(Ord. 2013-13, passed 12-9-2013)
§ 91.02 ANIMAL WARDEN.
   (A)   The Town Council shall have the authority to appoint an Animal Warden with the power to enforce the animal control ordinance within the corporate limits of the town.
   (B)   The Town Council and the Animal Warden shall establish a clearinghouse site for the receipt of complaints and procedures regarding animals and the handling, storage, cataloguing and claiming of animals.
   (C)   The town shall authorize for a suitable animal shelter for the safekeeping of impounded animals. The Town Council may contract with any entity for the impounding, keeping, feeding, caring for and disposition of impounded dogs and cats on those terms as the Town Council shall deem proper.
   (D)   The Animal Warden and the Town Marshal shall act in cooperation to handle animal problems with the consensus of the Town Council.
(Ord. 2013-13, passed 12-9-2013)
§ 91.03 KEEPING OF DOMESTIC FARM ANIMALS, EXOTIC ANIMALS AND VICIOUS ANIMALS, AND THE LIKE.
   (A)   It shall be unlawful for any person to keep or permit to be kept any domestic farm animals or exotic animals within the corporate limits of the town.
   (B)   Every vicious animal shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
   (C)   An animal reasonably determined to be a vicious animal may be impounded and humanely euthanized by or under the direction of the animal shelter upon not less than three days written notice by personal delivery or mailed by certified mail to the animal’s owner or recent custodian, if such person’s whereabouts is known or reasonably available. That notice shall include the particulars of the notice under § 91.99, except division (E).
(Ord. 2013-13, passed 12-9-2013)
§ 91.04 EXCEPTION TO KEEPING OF DOMESTIC FARM ANIMALS.
   Property owners with property of four or more contiguous acres within the corporate limits of the town are permitted to keep domestic farm animals.
(Ord. 2013-13, passed 12-9-2013)
§ 91.05 MAXIMUM NUMBER OF DOMESTIC PETS PER HOUSEHOLD.
   No person shall keep more than four cats and dogs over the age of six months per household in any residential area. This restriction means four cats and dogs, whatever the combination. A person will have 30 days to reduce the pets in the household to the stated limit if found to be over the limit.
(Ord. 2013-13, passed 12-9-2013)
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