For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any live creature, both domestic and wild, except humans. ANIMAL includes fowl, fish and reptiles.
ANIMAL HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries.
ANIMAL NUISANCE. Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of an animal.
ANIMAL SHELTER. Any facility operated by the village or humane society for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals. The term shall also include any private facility authorized by the Village President or his or her designee to impound, confine, detain, care for or destroy any animal.
AT HEEL. A dog is directly behind or next to a person and obedient to that person's command.
AT LARGE. That an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.
CRUELTY. Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living, environment, veterinary care or nutritious food in siphoned quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting. CRUELTY shall mean a failure to employ the most humane method reasonably available.
DISPOSITION. Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. DISPOSITION includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location.
DOMESTIC ANIMAL. Includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, gerbils, hamsters, ferrets, pheasants and other birds and animals raised and/or maintained in confinement.
EXOTIC ANIMAL. Any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (fells domestieus) member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.
GUARD OR ATTACK DOG. A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
IMPOUNDMENT. The taking into custody of an animal by any police officer, animal control officers or any authorized representative thereof.
KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
OWNER. Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over or having property rights to, any animal covered by this chapter. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.
PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include, but not be limited to:
(1) Any animal that is repeatedly found running at large;
(2) Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint;
(3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner;
(4) Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(8) Any animal that chases motor vehicles in a public right-of-way;
(9) Any animal that attacks domestic animals;
(10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; and
(11) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
SANITARY. A condition of good order and cleanliness to minimize the possibility of disease transmission.
UNDER RESTRAINT. That an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.
VICIOUS OR DANGEROUS ANIMAL. Any animal that when unprovoked inflicts bites, attacks or aggressively approaches a human being or other animal either on public or private property; any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals; any animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner with special equipment; or any animal used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
WILD ANIMAL. Any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in the wild state. The term WILD ANIMAL does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds.
(Ord. 02-792, passed - -2002)