For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER. A physical structure available for use by an animal so that when factors related to the age, size, physical condition, medical condition, species and breed disposition are considered, the animal’s well-being is not endangered by weather or environmental conditions.
ANIMAL CONTROL AUTHORITY. The Chief of Police, the City Zoning Administrator and a person to be appointed by the Mayor.
ANIMAL CONTROL OFFICER. Any police officer and any person authorized by law or employed or appointed for the purpose of aiding in the enforcement of this section or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals.
ANTI-ESCAPE. Any housing, fencing or device which a dog cannot go over, under, through or around.
AUTHORIZED DISTRIBUTOR. Any licensed veterinarian authorized to issue licenses by the City Council. This authority shall be conferred by a simple majority vote of the Council.
COMMERCIAL KENNEL. Any premises where more than six, but not more than ten dogs over the age of six months are owned, kept or harbored; provided, however, this definition shall not apply to zoos or to animal hospital operated by veterinarians duly licensed under the laws of the state.
DANGEROUS DOG.
(1) Any dog that:
(a) Has killed or inflicted severe injury on a human being on public or private property;
(b) Has killed a domestic animal without provocation while the dog was off the owner’s property; or
(c) Has been previously determined to be a potentially dangerous dog according to this article and such dog subsequently bites, attacks or endangers the safety of humans or domestic animals. Under divisions (1)(c)1. and (1)(c)3. below, the dog shall not be considered a DANGEROUS DOG if the conduct of the dog in question is directed at a person:
1. Who, at the time, was committing a willful trespass or any other tort upon the property of the owner of the dog;
2. Who, at the time, was tormenting, abusing or assaulting the dog;
3. Who has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or
4. Who, at the time, was committing or attempting to commit a crime against the person, against public peace or relating to property.
(2) The following breeds shall be considered DANGEROUS DOGS in addition to those defined above: Staffordshire bull terriers; American pit bull terriers; American Staffordshire terriers; Rottweilers; and any mixed breed dogs predominately of these breeds.
KEEP or HARBOR. To have charge, custody or control of an animal or fowl, or permitting the same to habitually remain or be lodged or fed within the house, store, yard, enclosure or place of the owner or occupant of the premises.
OWN. To own, keep, harbor or have charge, custody or control of an animal or fowl.
OWNER. Any person, firm, organization, association or corporation owning, possessing, keeping, harboring or having charge, custody or control of any animal or fowl.
POTENTIALLY DANGEROUS DOG.
(1) Any dog that when unprovoked:
(a) Inflicts a wound on a human or injures a domestic animal either on public or private property; or
(b) Chases or approaches a person upon streets, sidewalks or any public grounds in an outward appearance of aggressive or dangerous behavior.
(2) Any dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to threaten the safety of humans or domestic animals.
RESIDENTIAL KENNEL. Any premises where more than three, but not more than six dogs over the age of six months are owned, kept or harbored; provided, however, this definition shall not apply to zoos or to animal hospital operated by veterinarians duly licensed under the laws of the state.
RUN AT LARGE.
(1) Any animal that is not under the actual control of its owner.
(2) An animal shall not be considered under the actual control of its owner unless on a leash, cord or chain which is securely fastened or picketed in a manner sufficient to keep the animal on the premises where picketed, or on a leash, cord or chain of six feet or less in length physically held by the owner or confined within a receptacle, enclosed vehicle, fenced enclosure or shelter or within the real property limits of the owner and in the owner’s presence and under direct and effective voice control.
(Ord. 828, passed 8-11-2003; Ord. 858, passed 11-8-2004)