For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care.
ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain the animal’s health and well being. Food shall be provided in a suitable and sanitary container.
ADEQUATE SHELTER. The owner of non- aquatic animals, other than livestock and other large animals which are normally pastured or otherwise live in the open, shall at all times provide said animal with shelter adequate to reasonably protect it from the elements. Such shelter shall, at a minimum, be sufficient to keep the animal dry, protected from adverse weather conditions. Said shelter shall further be kept free from accumulated waste or debris so the animal can walk or lie down without coming into contact with such waste or debris, and shall have a suitable method of draining so as to eliminate excess water. The shelter is to be constructed of durable fiber, wood, plastic or other non-metallic materials of adequate insulate value that allow an animal to maintain its body heat. The shelter should contain sufficient space for the animal to move around, stand or lie down, and is deemed appropriate by the Animal Control Officer.
ADEQUATE WATER. Constant access to a supply of water that is clean, fresh and visibly free of debris and organic material, provided in a suitable manner and at suitable intervals, not to exceed 24 hours.
ANIMAL CONTROL DIRECTOR. Employee of the county that is responsible for the management of the Animal Control department, including enforcement of county and state laws pertaining to animal and rabies control. Works under the direct supervision of the County Manager. Works with Health Director or his or her designee.
ANIMAL CONTROL OFFICER/CRUELTY INVESTIGATOR. Employee of the county, empowered to enforce all county and state laws pertaining to animal and rabies control. Works under the direct supervision of the Animal Control Director.
ANIMAL SHELTER. Any premises designated by the county for the purposes of impounding and caring for all animals in accordance with the provisions of this chapter.
ANIMALS. All living vertebrates, domestic and non-domestic, but not including humans.
DANGEROUS DOGS.
(1) DANGEROUS DOG. A dog that:
(a) Without provocation has killed or inflicted severe injury on a person; or
(b) Is determined by the person designated by the county responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in division (2) of this definition.
(c) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(2) POTENTIALLY DANGEROUS DOG. A dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
(c) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
(3) OWNER. Any person or legal entity that has a possessory property right in a dog.
(4) OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
(5) SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization. The provisions of this definition do not apply to:
(a) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;
(b) A dog being used in a lawful hunt;
(c) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(d) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
(e) The County Manger shall designate a person to be responsible for determining when a dog is a POTENTIALLY DANGEROUS DOG and the Board of Commissioners shall act as an appellate Board or designate a separate Board to hear any appeals. The person making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this chapter. The owner may appeal the determination by filing written objections with the appellate Board within three days. The appellate Board shall schedule a hearing within ten days of the filing of the objections. Any appeal from the final decision of such appellate Board shall be taken to the superior court by filing notice of appeal and a petition for review within ten days of the final decision of the appellate Board. Appeals from rulings of the appellate Board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate Board whose ruling is being appealed is located.
HEALTH DIRECTOR. Health Director of the County Health Department.
IMPOUNDMENT. Secure custody of any animal by a person or shelter duly authorized by the county.
KEEPER. A person having custody of an animal, or who keeps or harbors an animal, or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person.
KENNEL. Any premises wherein a person boards, lets for hire, trains for fee, breeds, buys or sells cats or dogs. This shall not include the ownership of dogs or cats which are part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or the guarding or protection of the owner’s property when no more than five dogs or cats per year are sold by such owner.
OWNER. A person having the right of property to an animal.
RABIES EXPOSURE. Animal exposed by another animal suspected of or known to have rabies.
STRAY ANIMAL. Any domesticated animal that meets the following conditions:
(1) Is beyond the limits of confinement or lost;
(2) Is not wearing any form of identification; and
(3) No owner known.
TETHER. A means by which an animal is restrained or fastened so it can only range within a set radius.
(Ord. passed 9-20-95; Amend. Ord. passed 3-3-97; Amend. Ord. passed 10-17-22)