For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON.
(1) Any animal left more than 48 hours without a person checking on the condition of the animal and providing food and potable water or not providing a timed feeder/waterer; and
(2) Any animal left on private property without the owner’s consent or deserted or dumped on public property or roadways.
ADEQUATE FOOD. Wholesome food suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal, considering its age and condition.
ADEQUATE SHELTER, DOMESTIC ANIMALS.
(1) Adequate shelter shall be provided to any animal(s), with the exception of livestock, that remain outside more than one continuous hour per day. The SHELTER must be suitable for the species, age and condition of the animal. The SHELTER shall:
(a) Be structurally sound, with a solid, level, raised floor, enclosed sides or walls, and must be properly ventilated. The shelter shall be sanitary and weather- and water-proof. Suitable drainage must be provided so that water is not standing in or around the structure;
(b) Be small enough to allow the animal’s body heat to warm the interior of the structure, but be large enough to allow the animal to stand up, turn around and lie down without touching the walls;
(c) Be made from suitable, appropriate, materials to prevent harm or injury to the animal(s). Unsuitable materials include, but are not limited to, lean-tos, metal drums, plastic drums, cardboard or other disposable boxes, vehicles or the area beneath exposed porches or exposed decks;
(d) Provide access to shade from direct sunlight and regress from exposure to inclement weather conditions, hot or cold, but which does not exacerbate existing weather conditions;
(e) Placed in an area offering the best available protection from inclement weather, hot or cold; and
(f) Have floors that are constructed in a manner that protects the animals’ feet and legs from injury and that, if of mesh or slatted construction, do not allow the animal’s feet to pass through the openings of the floor.
(2) Cardboard, fiberboard or any other structure that fails to protect an animal from adverse atmospheric conditions shall not be considered proper SHELTER.
ADEQUATE SHELTER, LIVESTOCK. Adequate shelter shall be provided to all livestock. The shelter shall be either natural or constructed, and must provide relief from the elements. Accepted NATURAL SHELTERS are natural windbreak from tree lines or other low areas, and natural shade under trees. Accepted CONSTRUCTED SHELTERS are barns, three-sided shelters, lean-tos and widescreens. CONSTRUCTED SHELTERS should be free of hazards likely to cause injury.
ADEQUATE VENTILATION. Proper air flow and circulation by mechanical, natural or other means that provide a constant exchange of air, with fresh, clean, oxygenated air replacing the contaminated, dirty, un-oxygenated air within a confined space.
ADEQUATE WARMTH. Sufficient, comfortable degree of temperature of the confined space or containment area that will not lower nor raise the average body temperature as appropriate for the species.
ADEQUATE WATER. A supply of clean, fresh, potable water provided at suitable intervals or on a continual basis in a sanitary manner suitable for the species, condition and age of the animal. The supply shall be in sufficient amounts to maintain good health in the animal and in a suitable container secured to prevent turnover.
ANIMAL. Any live vertebrate creature.
ANIMAL SERVICES. The department of the county which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the animal shelter.
ANIMAL CONTROL OFFICER. Any person designated by the Director of Animal Services of the county, who is qualified to perform the duties under the laws and ordinances of the commonwealth and the county and all peace officers. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purposes of animal control only.
ANIMAL SHELTER. Any premises operated or approved for operation by the Fiscal Court for the purpose of impounding and caring for animals held under the authority of this chapter.
AUCTION. Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter.
BREEDER. Any person who intentionally or accidentally causes the breeding of more than one litter per female cat or dog in a 12-month period; makes more than one cat or dog available for breeding purposes in a 12-month period; or offers for sale, trades, receives any compensation or gives away more than one litter of dogs or cats in a 12-month period, with the exception of a litter of dogs or cats taken to the animal shelter.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit, breeder or any person engaged in the business of breeding, buying, letting for hire, training for a fee or selling at retail or wholesale any species of animal for profit.
COMMUNITY CAT. Any free-roaming cat that may be cared for by one or more residents of the immediate area who is/are known. A COMMUNITY CAT may or may not be feral. COMMUNITY CATS are distinguished from other cats by being sterilized and ear-tipped. COMMUNITY CATS that have been ear-tipped, sterilized and vaccinated under the trap-neuter-return program are exempt from licensing, stray and at-large provisions of this chapter.
DAY. For the purposes of this chapter, a 24-hour period shall constitute a DAY.
DIRECTOR OF ANIMAL SERVICES. The person appointed by the Judge/Executive and approved by the Fiscal Court as the Chief Animal Control Officer.
DOMESTIC ANIMAL. Animals that are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed or harbored for use as a pet or as a source of food, raw materials or income.
DWELLING. The house or other structure in which a human being lives.
EXOTIC ANIMAL. Any animal not indigenous to the United States.
EXTREME WEATHER CONDITIONS. When weather conditions are such that a heat advisory, excessive heat advisory, severe thunderstorm warning, flash flood warning, blizzard warning, winter storm warning or wind chill advisory is issued by the National Weather Service.
GROOMING FACILITY. A commercial establishment where animals are bathed, clipped or otherwise groomed.
HUMANE SOCIETY. Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
IMPOUNDED. Having been received into the custody of animal services or any authorized representative thereof.
LIVESTOCK. Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, caprine or equine species.
OWNED CAT. Any cat that is a companion to a person, is regularly fed and sheltered in that same person’s habitation. All OWNED CATS are required to be in compliance with licensing, stray and at large provisions of this chapter, while community cats that have been ear-tipped, sterilized and vaccinated under the trap-neuter-return program are exempt.
OWNER. Any person owning, keeping, harboring or sheltering one or more animals.
PARAPHERNALIA, ANIMAL FIGHTING. Any bite sticks, weighted chains and/or collars, spars, animal tread mills, slat mills, carpet mills, fighting pens, permanent or temporary, injectable or ingestible drugs and supplements used to enhance fighting, spring poles or weight pull harnesses and equipment.
PERSON. All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies and other entities.
PET. Domesticated animal kept for pleasure rather than utility.
PET SHOP. Any person engaged in the business of breeding, buying, selling at retail or wholesale, including fish, of any species for profit-making purposes, except farming operations that breed, buy or sell at retail pursuant to and in conjunction with their agricultural use and shall not be considered PET SHOPS for purposes of this chapter.
PUBLIC NUISANCE. Any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly at large;
(5) Makes noise in an excessive, continuous or untimely manner for more than 15 minutes without provocation;
(6) Creates unsanitary conditions;
(7) Disturbs the peace, comfort or health of persons in any other manner; or
(8) A home, residence, building, shed, yard, property or other establishment that contains excessive amounts of feces and/or urine or exudes a foul odor.
REASONABLE GROOMING. To maintain an animal’s coat to prevent conditions which inhibits normal walking or the elimination of body waste or which is medically harmful to the animal.
RESTRAINT. Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash, chain or cable tie-out. An animal shall be deemed to be RESTRAINED if it remains on the premises of its owner or if it is accompanied by a responsible person and is under that person’s immediate control.
RUNNING AT LARGE. Any animal, other than a hunting dog released for the purpose of hunting, that is off the property of the owner, custodian, possessor or harborer and is not restrained. Community cats that have been ear-tipped, sterilized and vaccinated under the trap-neuter-return program shall not be considered to be RUNNING AT LARGE.
STRAY. Any animal, other than a hunting dog released for the purpose of hunting, that is running at large. Community cats that have been ear-tipped, sterilized and vaccinated under the trap-neuter-return program shall not be considered STRAY for purposes of this chapter.
TRAP-NEUTER-RETURN (“TNR”). The method of managing community cats by humanely trapping, altering, vaccinating, ear-tipping, returning the community cats to the location where it was trapped where the community cats will be provided with long-term care by one or more caretakers.
VETERINARIAN. Any personal licensed by the commonwealth to practice veterinary medicine.
VETERINARY HOSPITAL CLINIC. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS ANIMAL.
(1) Any animal:
(a) Which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has resulted in serious bodily harm;
(b) Which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(c) With a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;
(d) Which bites to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals; or
(e) Owned or harbored primarily or in part for the purpose of fighting with animals.
(2) It shall be prima facie evidence that an animal is VICIOUS if the animal bites a human being or domestic animal more than once in the same attack.
(3) An animal shall not be deemed VICIOUS solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner; or
2. Any person or animal who has tormented or abused it.
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person;
(c) It is protecting or defending its young or the young of any other animal; or
(d) Its breed or assumed/known component of its breed.
WILD ANIMAL. Any animal not domesticated or not ordinarily tame and which is, by nature, an animal that lives apart from human beings.
(Ord. 3-1-20, passed 5-6-2020)