For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The willful discarding or deserting of a live animal, leaving an animal for a period in excess of 12 hours without providing adequate food, water or shelter for the duration of the absence, or releasing or dumping an animal from a vehicle without demonstrating intent to recover the animal.
ANIMAL. Every living creature, domestic or non-domestic, but does not include humans.
ANIMAL SHELTER. Any premises designated by the Health Director for the purpose of impounding and caring for animals.
AT LARGE. An animal that is off the property of its owner or keeper and not under physical restraint.
BOARD OF HEALTH. County Board of Health.
BOARDING. Providing, for profit, land and/or structure for the care of an animal.
COMMERCIAL ANIMAL ESTABLISHMENT. Any for profit pet shop, grooming shop, riding school, stable, zoological park, circus, animal exhibition/show, or kennel.
COMMERCIAL BREEDER. One who breeds animals for the primary purpose of offering their offspring for sale to other breeders, pet shops, laboratories, or individuals. By contrast, a HOBBY BREEDER is one who breeds purebred animals occasionally to justifiably improve the breed and not primarily for the purposes of income.
COMMISSION. The state Health Services Commission.
CONFINEMENT. Restricted interaction.
DOMESTIC ANIMAL. Any of various animals, such as dogs, cats, equine, sheep, cattle, goats, hogs, poultry, ferrets, llamas, emus, and/or other animals domesticated by man so as to live and/or breed in a tame condition.
EXOTIC ANIMAL. Any living animal, which is strikingly or excitingly different or unusual and not ordinarily kept as a pet or domesticated animal. By way of example, EXOTIC ANIMALS shall include, but are not limited to, lions, tigers, apes, monkeys, poisonous reptiles, and poisonous spiders. A hybrid of any animal listed in the example above, regardless of genetic percentages, shall be deemed exotic.
EXOTIC MAMMAL. Any mammal designated by the Centers for Disease Control and Prevention, Department of Agriculture, or other national or state public health protection agencies as embargoed or prohibited under legal protection orders.
EXOTIC REPTILE. Any reptile not native to the state.
EXPOSED TO RABIES. An animal that has been bitten by, or been in the presence of, any animal known or suspected to have been infected with rabies.
FERAL CAT. A cat that is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans.
FERAL CAT CAREGIVER. Any person who, in accordance with a trap neuter return program, will trap neuter and return, vaccinate for rabies, ear tip, provide care, including food and water, or has temporary custody of a feral cat(s).
GROOMING SHOP. Any establishment, whether operated separately or in connection with another business enterprise, that provides hair and nail clipping, bathing, and other cosmetic services for animals.
HEALTH DEPARTMENT. County Health Department.
HEALTH DIRECTOR. The Health Director of the county Health Department.
HUMANELY DESTROYED. Destruction of an animal must comply with guidelines set forth by American Veterinary Medical Association (AVMA), the Humane Society of the Unites States (HSUS), or the American Humane Association (AHA).
IMPOUNDMENT. Any animal in custody of a person or animal shelter duly authorized by the Health Director.
KEEPER. Person having custody of an animal, who keeps or harbors an animal, or who knowingly permits an animal to remain on or about any premises occupied or controlled by the person. KEEPER does not include a person keeping a feral cat as a feral cat caregiver.
KENNEL. Any premises wherein a person boards, lets for hire, trains/hunts for a fee, breeds, buys, or sells dogs or cats. This shall not include the ownership of dogs and/or cats which are part of the household, or which are maintained adjoining a private residence for commercial hunting.
LAW ENFORCEMENT DOG. Any dog used by a law enforcement agency in the investigation of crimes, or as otherwise necessary in the enforcement of the law. These animals are excluded from general requirements of this chapter with the exception that they are regulated by the provisions of §§ 90.100 through 90.108, and § 90.120.
NONPROFIT ANIMAL ESTABLISHMENT. Therapeutic facility, humane society, animal shelter, the American Society for the Prevention of Cruelty to Animals (ASPCA), animal rescue or welfare groups, or assistance animal training facilities. (Recognized by federal or state law as nonprofit.)
NON-DOMESTIC ANIMAL. Any carnivore, primate, bird, reptile, or other venomous animals, regardless of whether it is indigenous to this state, and not included in the definition of domestic animal, and shall include any hybrid animal.
NUISANCE. An animal or group of animals which:
(1) Damages, soils, or defiles private or public property;
(2) Interferes with, molests, or attacks persons or other animals;
(3) Is/are repeatedly at large, with the exception of feral cats;
(4) Causes unsanitary, dangerous, or offensive conditions;
(5) Chases, snaps at, harasses, or impedes pedestrians, bicyclists, or vehicles;
(6) By virtue of number of assertive tendencies is offensive or dangerous to the public health, safety, or welfare;
(7) Is diseased or dangerous to the public health; or
(8) Habitually makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to reasonable persons of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored.
OWNER. Any person, group of persons, firm, partnership, corporation, organization, or association that keeps or harbors an animal, assumes care of an animal, or acts as a custodian of an animal, unless the animal is being boarded for a fee. The owner has the right of property in the animal and is responsible for the care, actions, and behavior of his or her animal(s) at all times. OWNER does not include a person keeping a feral cat as a feral cat caregiver.
PATROL DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively, but only upon command from a handler either off or on lead.
PERSON. Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
PET. Any domestic animal kept for pleasure rather than utility.
PET SHOP. Any commercial establishment, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, or boards any species of animal.
RESTRAINT. The condition or behavior of an animal is:
(1) Controlled by means of a leash or other like device;
(2) Sufficiently near the owner or handler to be under his or her direct control and is obedient to that person’s commands;
(3) Within a vehicle being driven or parked;
(4) Within a secure enclosure; or
(5) Within the property limits of its owner or keeper.
RIDING SCHOOL or STABLE. Any place which has available for hire, boarding, and/or riding/driving instruction for any horse, pony, donkey, or burro.
SECURITY DOG. Any dog used, kept, or maintained within the county for the purpose of protecting any person or property. Any dog may be further classified as a patrol dog, sentry dog, or watch dog, as defined in this section.
SENTRY DOG. A dog that is trained or conditioned to attack or otherwise respond aggressively without command.
STRAY. Any domestic animal without identification and rabies tags, that is not under restraint, nor on the property of its owner or keeper.
SUSPECTED OF HAVING RABIES. An animal which is unvaccinated against rabies, has bitten a person, or is known or believed to have been exposed to rabies.
TRAP NEUTER RETURN (TNR). A feral cat program that is viewed as a viable alternative to euthanasia.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, treatment of injuries, and prevention of diseases in animals.
VICIOUS DOG or OTHER ANIMAL. A dog or other animal that constitutes a physical threat to humans, domestic animals, or livestock, or that approaches any person in an attitude of attack off the owner’s property without being teased, molested, provoked, beaten, tortured, or otherwise harmed, or that has a known tendency of unprovoked attack, or that is trained or being trained for fighting.
WATCH DOG. A dog that barks and/or threatens to bite any intruder, and that has been specially trained or conditioned for that purpose.
(Ord. passed 10-6-2008)