For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL.
Other than a human being or plant, any living thing of the kingdom of animalia, including mammals, birds, fish, amphibian insects, and reptiles.
AT LARGE.
Off the premises of the owner and not controlled by leash, confined in a vehicle or caged.
BUSINESS DAY.
A day during which the City Hall is open to the public.
CAT.
Any domesticated feline animal, male or female, whole or neutered.
CATTERY.
Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three cats over four months of age.
DANGEROUS DOG. Any dog that has:
(1) Without provocation, inflicted substantial bodily harm on a human on public or private property;
(2) Killed a domestic animal without provocation while off the owner’s property; or
(3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.
DOG. Any male or female animal of the dog kind, whole or neutered.
DOMESTIC ANIMAL.
Any of the various animals domesticated so as to live in a tame condition as a work animal, food source, or household pet.
FARM ANIMAL.
Any of the various species of domestic animals commonly kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, pigs, and bees.
FARM POULTRY. Any of the various species of domestic animals commonly kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans, and doves.
HEARING OFFICER. A person duly designated by the Apple Valley City Administrator.
HOBBY KENNEL. Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three and not more than six dogs, each over four months of age and weighing less than 20 pounds.
HOUSEHOLD PET. Domestic animals kept for non-commercial and non-agricultural purposes generally housed within the principal structure throughout the entire year, but for purposes of this chapter, exclusively consisting of the following domestic animals:
(1) Dogs. Any animal in whole (excluding hybrids with wolves, coyotes, or jackals) of the species Canis familiarus;
(2) Cats. Any animal in whole (excluding hybrids with ocelots or margays) of the species Felis catus;
(3) Ferrets. Any animal of the species Mustela putorius furo;
(4) Birds. Any of the class of Aves (birds) that are caged or kept inside the residence, excluding all farm poultry;
(5) Rabbits. Any animal of the order Lagomorpha that are caged and kept inside the residence or in an outdoor hutch on the subject property;
(6) Rodents. Any of the order Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs that are kept caged and kept inside the residence;
(7) Reptiles. Any of the class non-poisonous Reptilia such as snakes less than three feet in length, lizards less than three feet, and turtles that are kept caged and kept inside the residence;
(8) Amphibians. Any of the non-poisonous class of Amphibia such as salamanders, frogs, and toads all of which are kept caged and kept inside the residence;
(9) Insects. Any of the non-poisonous, mostly small arthropods class of Insecta such as butterflies, ants, and grasshoppers that are kept caged and kept inside the residence;
(10) Fish. All varieties commonly raised as pets in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law, and those listed elsewhere in this chapter; and
(11) Sugar gliders. Any animal of the species Petaurus breviceps that are caged and otherwise kept inside the residence.
KENNEL.
Any premises used for the purpose of keeping, maintaining, breeding, training or raising more than three dogs over four months of age.
OFF-LEASH DOG AREA. A city- designated area within a city park wherein dogs may be permitted to be unrestrained in compliance with this chapter and city park regulations.
OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring an animal. Any person owning or harboring an animal for three consecutive days shall, for the purposes of this chapter, be deemed to be the owner thereof.
POTENTIALLY DANGEROUS DOG.
Any dog that:
(1) When unprovoked, inflicts bites on a human or domestic animal on public or private property;
(2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or
(3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
POUNDMASTER.
The entity responsible for housing, maintaining and disposing of animals for the city.
PRIMARY ENCLOSURE.
Any building, room, pen, cage or run in which an animal is housed for more than 50% of the time.
PROPER ENCLOSURE. A structure that securely confines an animal indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping, and which provides protection from the elements for the animal. An outdoor enclosure shall be fully secured to and embedded no less than two feet into the ground, have a roof or cover fully secured to the sides of the enclosure, and be locked at all times when occupied by the animal. A
PROPER ENCLOSURE
does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. All enclosures shall comply with all state laws and zoning and building code regulations in this code.
PROVOCATION. An act that an adult could reasonably expect may cause a dog to attack or bite.
SERVICE ANIMAL.
Dogs that are individually trained to do work or perform tasks for people with disabilities that are directly related to the person's disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting or protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. A dog whose sole function is to provide comfort or emotional support does not qualify as a service animal.
VACCINATION AGAINST RABIES.
The inoculation of a dog, ferret, or cat with a rabies vaccine. The vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine.
WILD ANIMAL. Any animal which is not naturally tame or gentle, but is of a wild nature or disposition or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life or property.
(‘81 Code, § 5-1) (Ord. 145, passed 6-24-74; Am. Ord. 368, passed 9-25-86; Am. Ord. 523, passed 10-24-91; Am. Ord. 616, passed 6-6-96; Am. Ord. 825, passed 11-20-07; Am. Ord. 829, passed 1-24-08; Am. Ord. 847, passed 10-9-08; Am. Ord. 961, passed 2-27-14; Am. Ord. 1007, passed 3-24-16; Am. Ord. 1021, passed 9-22-16; Am. Ord. 1108, passed 4-14-22)