For the purposes of this chapter, the following words and phrases are defined and shall be construed as set out below, unless it is apparent from the context that a different meaning is intended:
Abandon means to intentionally, knowingly, recklessly or negligently leave an animal at a location for more than 48 consecutive hours without providing for the animal's continued care.
Adequate feed means 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 a reasonable level of nutrition in each animal. Such foodstuff shall be served in a sanitized receptacle, dish, or container.
Adequate shelter means an enclosure sufficient to provide shelter from extremes of weather and a means to remain cool, dry and comfortable. Adequate shelter should consist of at least three solid sides, a roof and a floor with bedding be ventilated and have sufficient room for an animal to move about freely and lie down comfortably.
Adequate water means the provision of, or ready access to, a supply of clean, fresh, potable water provided in a sanitary manner 24 hours a day.
Animal means every vertebrate nonhuman species of animal, wild or domestic, male or female, including, but not limited to, dogs, cats, livestock and other mammals, domestic fowl, birds, reptiles, amphibians and fish.
Animal control officer or officer means persons charged by the town with enforcing all sections of this chapter and applicable state laws.
Animal control shelter means any holding or other facility designated by the town manager, or designee, for the detention of animals.
Animal under restraint or under restraint means any animal confined within a vehicle; any animal confined, by means of a secure enclosure or an electronic enclosure, within the real property limits of its owner; or any animal secured by leash or lead, cage, bridle or similar physical restraint sufficient to allow the animal to be controlled. Electronic leashes or training collars do not constitute restraint.
At large means any animal found off of the property of its owner and not under restraint or any animal previously determined to be dangerous or potentially dangerous that is not under restraint when off the property of its owner, or is not confined to a secure enclosure while on the property of its owner. Any animal off the owner's property and on an electronic leash or training collar shall be considered at large.
Bees means all life-stages of the honey-producing insects of the genus Apis mellifera that are kept, and manipulated, and managed for commercial or non-commercial purposes.
Bite means the act of an animal seizing flesh with its teeth or jaws, so as to tear, pierce or injure the flesh.
Cats means domestic felines.
Chicken means any of the common domestic birds or fowl of the species Gallus gallus domesticus whose eggs or flesh are used for food. Also referred to as "poultry." The female bird is called a "hen."
Dangerous animal means any animal (other than a dog) whose behavior creates a reasonable risk of injury to a human or animal or damage to personal or real property. This behavior includes, but is not limited to, an animal's biting or attacking or attempting to bite or attack a human or other animal, provided however, this definition shall not apply to any animal that has been subject to provocation nor shall it apply to any animal responding to a trespass, as trespass is defined in this chapter, upon the animal owner's premises, if the victim is the trespasser.
Dog means domestic canines.
Domestic animal means those species of animals that normally and customarily share human habitat in Wake County and are normally dependent on humans for food and shelter in Wake County, such as, but not limited to cats, dogs, cattle, horses, swine, domestic fowl, sheep and goats.
Domestic fowl shall include, but not be limited to, turkeys, geese, chickens, peacocks, guinea fowl, ratites, or ducks.
Electronic enclosure means underground electrical wire which, when used in connection with a pet collar or other device, keeps cats or dogs confined within the limits of the wire on private property. A sign that complies with the requirements of the Cary sign ordinance should be posted stating that an electronic fence is in use at the entrance to the driveway on the property.
Exotic or wild animal means any animal which is not usually and customarily kept as a pet or domestic animal. A hybrid of any such animal, regardless of genetic percentages, shall be deemed exotic or wild. Examples of exotic or wild animals include, but are not limited to, any animal for which a federal or state permit or license is required, and such animals as lions, tigers, wild cats, wolves, bears, apes, monkeys and raccoons. Included in this definition are venomous reptiles, large constricting snakes, alligators, or crocodilians.
Ferret means a domestic mammal of the genus, species, and subspecies Musteal putorious furo.
Immediately means at once, very close in time.
Impoundment means possession or seizure of an animal by the animal control unit for placement in the animal control shelter or other appropriate facility.
In estrus means a female animal in what is commonly called "heat".
Inoculation means the administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
Kennel, dealer, or breeder means any person, partnership or corporation engaged in buying, selling, breeding or boarding animals.
Livestock shall include, but shall not be limited to, equine animals, bovine animals, sheep, goats, llamas, alpacas, and swine.
Nighttime means the time each day from sunset until sunrise.
Owner means any person, group of persons, or any entity owning, keeping, harboring, possessing or acting as keeper or custodian of an animal for 72 hours or more, unless the animal is boarded for a fee at a duly licensed facility.
Owner's property means any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of a condominium, cluster home, apartment complex, or townhouse development, nor does it include the common area of a subdivision or other housing project. A motor vehicle is not a part of the owner's property unless it is physically located on the area described in a deed of conveyance or the area described in a lease. A motor vehicle that is physically located in or on any common areas as described above, or on any other public areas shall be treated as being off of the owner's property.
Person means and includes any individual or any legal entity, including nonprofit corporations.
Poisonous reptile means any reptile, such as a snake or lizard, that has the capability of injecting humans or animals with venom which may cause death or physical injury.
Provocation does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense, and provocation must be clearly established.
Secure enclosure means an enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure, or otherwise becoming free unless freed by the owner. Neither a motor vehicle nor an electronic enclosure shall constitute a secure enclosure.
Severe injury means any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery, surgery, or hospitalization.
Trespass means that the victim has wrongfully invaded the property of the owner. The reason the individual is on the property and any other relevant circumstances shall be considered in order to determine whether or not a trespass has occurred. A child under the age of seven shall not be deemed to be a trespasser.
Weekdays means Monday through Friday, inclusive, excluding local, state and national legal holidays.
(Code 1982, § 4-3; Ord. No. 01-022, § 1, 11-8-2001; Ord. No. 2008-Code-04, 10-16-2008; Ord. No. 2010-Code-08, 10-14-2010; Ord. No. 2012-Code-04, 8-23-2012; Ord. No. 2012-Code-06, 10-11-2012; Ord. No. 2016-Code-01, 2-25-2016)