For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any and all types of livestock, dogs and cats, and all other subhuman creatures, both domesticated and wild, male and female, singular and plural.
ANIMAL BOARDING ESTABLISHMENT. Any establishment that takes in animals and boards them for profit.
ANIMAL GROOMING PARLOR. Any establishment maintained for the purpose of offering cosmetology services for animals at a profit.
ANIMAL SHELTER. Any facility owned and operated by a governmental entity or any animal welfare organization which is incorporated within the state for the purpose of preventing cruelty to animals and used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other domestic animals.
ANIMALS AT LARGE. An animal shall be considered to be “at large” when it is off the owner’s property and not under immediate control, by means of a durable restraint device capable of keeping the animal restrained; or an animal that is on the property of the owner and not securely confined by a leash, building, fenced area or appropriate transport device.
BITE. Any actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
CAT. Any age feline, of the domestic type.
CATTERY. Land or building used in the keeping of three or more cats, six months or older.
DOG. Any Canis Familiaris over six months of age. Any Canis Familiaris under the age of six months is a puppy.
DOMESTICATED ANIMALS. Animals accustomed to living in or about the habitation of humans, including, but not limited to, cats, dogs, rabbits, fowls, horses, swine, goats, sheep, mules, donkeys, lamas and cattle.
GOVERNMENT WORKING DOG. A dog trained to assist officials of government agencies in law enforcement exercises.
GUIDE DOG. A dog trained and certified by a nationally recognized training establishment to assist persons that are “visually-impaired”, “hearing-impaired” or “mobility-limited”.
KENNEL. Land or buildings used in the keeping of three or more dogs older than four months.
LIVESTOCK. Any normally domesticated animal that is ordinarily kept on a farm, such as cattle, swine, sheep, goats, mules, burros, horses, geese, ducks, turkeys, llamas and the like.
OWNER. Any person or persons, firm association or corporation or other entity owning, keeping or harboring the animal in question, or any person having charge, care, custody or control of such animal.
PET. Any animals ordinarily permitted in the city residences and kept for the company or pleasure of city residents, such as domesticated dogs, domesticated cats and domesticated birds. PETS also include tropical fish, amphibians, reptiles or invertebrates of a number that do not constitute a health hazard or nuisance, and can be safely and humanely kept in aquariums, cages or enclosures, the cumulative size of which shall not exceed 50 cubic feet per household. PETS shall not include exotic, pygmy or dwarf variations of animals defined as either “wild animals” or “livestock”, including, but not limited to, miniature horses, pygmy goats and Vietnamese pot-bellied pigs, notwithstanding that such animals may be kept as household pets by residents of other communities.
PET SHOP. Any establishment containing cages or exhibition pens, not part of the kennel or cattery, wherein dogs, cats, birds or other pets for sale are kept or displayed.
QUARANTINE. The isolation of an animal in a substantial enclosure, so the animal is not subject to contact with other animals or unauthorized persons.
RESIDENCE. A place where a person or persons live. A dwelling unit is considered one RESIDENCE and not construed to mean multiple residences based upon the number of individual persons, whether related or not, living at the residence in further reference, a single-family dwelling is one RESIDENCE, a duplex is considered two RESIDENCES and a four-unit apartment building would be considered four RESIDENCES, and so forth.
RESTRAINT DEVICE. Any chain, leash, cord, rope or other device commonly used to restrain an animal.
SERVICE ANIMAL. As defined by the Americans with Disabilities Act (ADA) § 35.104, or its successor law, being 42 U.S.C. §§ 12101 et seq., or its successor statute, which at the time of its adoption to this chapter, means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
(1) Other species of animals, whether wild or domestic, trained or untrained, are not SERVICE ANIMALS for the purposes of this definition. The work or tasks performed by a SERVICE ANIMAL must be directly related to the individual’s disability.
(2) Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulse or destructive behaviors.
(3) The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.
WILD ANIMAL. Any animal which is not commonly domesticated, or which is of a wild or predatory nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner. Those animals, however domesticated, shall include, but are not limited to:
(1) Alligators, crocodiles, caiman;
(2) Bears (ursidae); all bears including grizzly bears, brown bears and black bears;
(3) Cat family (felidae); all except the commonly accepted domestic cats; including cheetahs, cougars, leopards, lions, lynx, bobcats, panthers, mountain lions, tigers and wildcats. Any cat crossbred with a WILD ANIMAL as described herein shall be considered to be wild;
(4) Dog family (canidae); all dogs, with the exception of domesticated dogs, including, but not limited to, fox, coyote, wolf and wild dingo. Any dog crossbred with a WILD ANIMAL, as described herein, shall be considered to be a WILD ANIMAL;
(5) Porcupines;
(6) Primates (all subhuman primates);
(7) Raccoons (all varieties);
(8) Skunks;
(9) Venomous snakes or lizards;
(10) Any snake or reptile of such size or characteristics as to pose a threat to human life;
(11) Weasels (all weasels, martins, wolverines, badgers, otters, ermine, mink and mongoose); except that, the possession of mink shall not be prohibited when raised commercially for their pelts, in or upon a property constructed for a legally operated ranch; and
(12) Marsupials.
(Prior Code, Ch. 4.01) (Ord. 99-25, passed 9-23-1999; Ord. 02-25, passed 8-15-2002; Ord. 16-13, passed 9-1-2016)