For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT. To desert, forsake or give up an animal without having secured another owner or custodian for the animal, or by failing to provide the elements of basic care (food, water and shelter).
   A.J.C.C. Apache Junction City Code.
   ALTERED. A spayed female animal or a neutered male animal.
   ANIMAL. Any mammal, bird, reptile or amphibian.
   AT LARGE. In any street, alley, public park, private or public school property or other public place, or on other private property, without being attended by a responsible party and without being secured by physical restraint, such as but not limited to, a leash, chain or rope, or is otherwise not confined in a secured enclosure.
   CAT. A member of the Felis catus family.
   COLLAR. A band, chain, harness or suitable device worn around the neck of an animal to which a license may be affixed.
   COMMERCIAL DOG KENNEL. Any establishment, exclusive of one providing dental, medical or surgical care, that maintains any dogs over 4 months of age for trade, business, profit or gain.
   COMMERCIAL DOG KENNEL PERMIT. City authorization provided under § 6-1-7 allowing operation of a commercial dog kennel.
   CONSECUTIVE BUSINESS DAYS. Monday through Friday are considered business days; business days do not include Saturdays, Sundays or city holidays even if the Animal Control Division is open during these days.
   CONTAMINATION. Anything that is harmful to animals or livestock that could lead to illness or death.
   CRUEL MISTREATMENT. To torture or otherwise inflict physical injury upon an animal or to kill an animal in a manner that causes suffering to such animal.
   CRUEL NEGLECT. To fail to provide an animal with food, water, shelter or medical treatment required to maintain health.
   DOG. A member of the Canis familiaris family.
   EDUCATIONAL INSTITUTION. Any public or private elementary or secondary school, or secondary technical or vocational school.
   ENFORCEMENT OFFICER. Any certified peace officer or any City of Apache Junction Animal Control Officer.
   EQUINE. Horses, mules, burros and asses.
   FEE. Amounts enumerated in A.J.C.C., Vol. I, § 4-3-1.
   FOOD. A substance of sufficient quantity and nutritious value to maintain each animal in good health, provided at suitable intervals, but at least once daily or as otherwise prescribed by a licensed veterinarian, appropriate to the species.
   FOWL. A bird of any kind, domesticated or wild, including poultry.
   HOUSEHOLD. All individuals who share the same residence, whether related or unrelated.
   IMPOUND. The act of taking or receiving into custody by the Enforcement Officer any animal for the purpose of confinement in an authorized impound facility in accordance with the provisions of this article.
   IMPOUND FACILITY. Any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the Enforcement Officer in the performance of his or her official duties.
   INTENTIONALLY. With respect to a result or to the conduct described by a law defining an offense where a person’s objective is to cause that result or to engage in that conduct.
   KENNEL. An enclosed controlled area inaccessible to other animals, in which a person keeps, harbors or maintains dogs under controlled conditions.
   KNOWINGLY. With respect to conduct or to a circumstance described by a law defining an offense, that a person is aware or believes that the person’sconduct is of that nature or that the circumstance exists; it does not require any knowledge of the unlawfulness of the act or omission.
   LIVESTOCK. Bovine, equine, sheep, goats, swine, llamas and ratite.
   MANAGER. A person duly authorized by the owner to conduct business, act as an agent or otherwise carry out the legal rights and duties of the owner.
   MANURE. Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl excreta, with or without litter.
   MEDICAL ATTENTION. Recommended procedures used to treat a particular disease, injury, infestation or ailment an animal may have in order to heal, alleviate or lessen the effects of that condition, or to prevent the animal from experiencing pain and suffering; treatment may be administered by either a licensed veterinarian appropriate to the species or the person who has custody or control of such animal, depending on the severity of the condition and on the knowledge, skills and ability of the person providing the proper treatment.
   OWNER. Any person exercising care, custody or control of any animal for more than 6 consecutive calendar days, or claiming any legal interest in that animal; indicators of ownership also include any license, permit, certificate, registration or other documentation establishing a legal interest in such animal.
   PERSON. Any individual, corporation, partnership, association or other legal entity.
   PERSONAL DOG KENNEL. Any location where more than 4 dogs are kept, owned or controlled by a person or entity for companionship, enjoyment of the species, or for training for field working or obedience trials or exhibition for organized shows.
   PERSONAL DOG KENNEL PERMIT. City authorization provided under § 6-1-8 allowing a personal dog kennel.
   PET SHOPS. Any commercial establishment at which animals, fowl or cold-blooded species are kept for sale, groomed or treated for vermin.
   POTBELLIED PIG. Only registered, purebred, miniature, Vietnamese, potbellied pigs or other similar registered, purebred, miniature, potbellied pigs.
   PROTRACTED SUFFERING. Allowing an animal to continue suffering a painful condition.
   PUBLIC NUISANCE. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; when investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party.
   PUBLIC SAFETY DIRECTOR. The person appointed by the City Manager, pursuant to A.J.C.C., Vol. I, Article 3-6, as the department head of the Public Safety Department of the city, or his or her appointed designee.
   RABIES QUARANTINE AREA. Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.
   RECKLESSLY. With respect to a result or to a circumstance described by a law defining an offense, of which a person is aware and consciously disregards, a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who creates such a risk, but who is aware of such risk solely by reason of voluntary intoxication, also acts recklessly with respect to such risk.
   RESPONSIBLE PERSON. Any person currently delegated by the owner to exercise care, custody or control of an animal.
   SHELTER. A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed, located within an animal’s enclosure, in order to allow the animal free choice to utilize such protection. Notwithstanding the previous sentence, shelter is not required for livestock.
   UNSANITARY PREMISES. Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person.
   VACCINATION. The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona.
   VETERINARIAN. Any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency.
   VETERINARY HOSPITAL. Any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment; a veterinary hospital may have adjacent to it, or in conjunction with it, or as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.
   VICIOUS ANIMAL. Any animal of the carnivore order that has a propensity to attack, to cause injury to or otherwise endanger the safety of human beings or of other domesticated or companion animals without provocation, or that has been so declared after a hearing before a justice of the peace, city magistrate, or superior court judge. Proof of provocation of any animal attacked by the person injured shall be a defense to any action for damages or petition for declaration of viciousness. Provocation shall be measured by whether a reasonable person would expect that the conduct or circumstances would likely encourage an animal to attack. This definition does not apply to dogs utilized by law enforcement officers.
   WATER. A transparent, odorless and tasteless liquid compound of hydrogen and oxygen, of ambient temperature in sufficient volume as needed to maintain normal hydration for an animal.
      (1)   That which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Except as specifically listed below, fish in an aquarium are not included in this definition.
         (a)   All venomous animals, including rear-fang snakes;
         (b)   Bears (Ursidae species “spp.”);
         (c)   Bison (Bison spp.);
         (d)   Cheetahs (Acinonyx jubatus);
         (e)   Constrictor snakes, 6 or more feet in length;
         (f)   Coyotes (Canis latrans);
         (g)   Crocodilians (Crocodilia spp.), 30 or more inches in length;
         (h)   Deer (Cervidae spp.), includes all members of the deer family, for example, white tailed deer, elk, antelope and moose;
         (i)   Elephants (Elephas spp. and Loxodonta spp.);
         (j)   Gamecocks and other fighting birds;
         (k)   Hippopotami (Hippopotamidae spp.);
         (l)   Hyenas (Hyaenidae spp.);
         (m)   Jaguars (Panthera onca);
         (n)   Leopards (Panthera pardus);
         (o)   Lions (Panthera leo);
         (p)   Lynxes (Lynx spp.);
         (q)   Non-human primates, including prosimians, monkeys and apes;
         (r)   Piranha fish (Characidae spp.);
         (s)   Pumas (Felis concolor), also known as cougars, mountain lions and panthers;
         (t)   Rhinoceroses (Rhinocero tidae);
         (u)   Sharks (class Chondrichthyes);
         (v)   Snow leopards (Panthera uncid);
         (w)   Tigers (Panthera tigris);
         (x)   Wolves (Canis lupus).
(Ord, 1465, passed 12-4-2018)