For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To intentionally, knowingly, recklessly, or negligently leave an animal at a location not to return and without providing for the animal’s care.
ABUSE and NEGLECT.
(1) Failing to provide an animal with adequate food and adequate water.
(2) Molesting, harassing, injuring, setting on fire, or sexually assaulting any animal in a manner causing physical pain, suffering, or death to the animal;
(3) Failing to provide adequate medical attention for any sick, diseased, or injured animal in order to prevent physical pain, suffering, disability, or death to the animal;
(4) Keeping any animal under conditions which cause or could cause physical pain, suffering, disability, or death to the animal or which increases the probability of the transmission of disease;
(5) Failing to provide adequate shelter, as defined herein, for an animal; or
(6) Conveying or confining any type of animal in a motor vehicle, wagon, or trailer, or in the bed of a truck in such a way as to cause physical pain, suffering, disability, or death to the animal.
ADEQUATE FOOD. 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. An enclosure having at least three solid sides, a roof, and a solid floor raised above the ground with sufficient room for the animal to move about freely and lie down comfortably, structurally sound, water and wind resistant, maintained in good repair, and constructed in a manner to provide shade from the direct rays of the sun, adequate ventilation and light. Barrel style enclosures are considered adequate shelter provided they are kept in a good state of repair, waterproof, have a floor raised above the ground, and are stable for the animal.
ADEQUATE WATER. Constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
ADOPTABLE ANIMAL. An animal that, in the opinion of the Animal Services Director, is physically well, spayed or neutered, exhibits behaviors of socialization and compatibility with living in the human environment, does not pose an undue risk of injury to people or other animals and which would be considered desirable for companionship.
ANIMAL. Any live, vertebrate creature specifically including but not limited to dogs, cats, farm animals, birds, fish, livestock, and reptiles.
ANIMAL SERVICES DIVISION. The division of the County Public Health Department authorized to enforce this chapter, all state laws regarding rabies and animals, and to oversee operations of the county’s animal shelter.
ANIMAL SERVICES OFFICER. Staff of the Animal Services Division, designated by the Health Director, authorized to enforce this chapter and all state laws regarding rabies and animals.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for animals found running at large or otherwise subject to impoundment pursuant to this chapter.
APPROVED TETHERING COLLAR. A collar or harness constructed of nylon, leather, or similar material specifically designed to be used for a dog, cat, or pot-bellied pig. Approved collars do not include head harnesses, choke-type or pronged collars.
AT LARGE. Any animal off the real property of its owner and not under physical restraint of a competent person. For the purposes of this definition, the term REAL PROPERTY shall include any property owned or occupied by the owner of such animal but shall not include any of the common areas (including without limitation, walks, drives, recreation and open space areas, and the like) within any subdivision or multifamily residential development.
AT LARGE NUISANCE ANIMAL. Any at large animal which, in addition to being at large, has created a public nuisance when having been off property.
BITE or BITTEN. Skin has been penetrated by an animal’s teeth. (Cat scratches)
COMPETENT PERSON. A person of suitable age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to the animal, persons, to other animals, including but not limited to domesticated livestock, or to property.
DANGEROUS DOG.
(1) A dog that:
(a) Without provocation has killed or inflicted severe injury on a person; or
(b) Is determined by the person or board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in previous behaviors defined as a potentially dangerous dog.
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
DOMESTIC ANIMAL. A dog, cat, or ferret that has been made tame by socialization and that is fit for the human environment.
EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or otherwise come into contact with the saliva or nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies that is not available for laboratory diagnosis.
HOLDING PERIOD. The time period for holding animals seized by the Animal Services Division or turned into the shelter without a known owner. The holding period for adoptable animals shall be five days, calculated from 6:00 a.m. on the day immediately following the day of seizure or turn in and ending at 6:00 p.m. on the fifth day thereafter. The holding period for all other animals shall be three days calculated from 6:00 a.m. on the day immediately following the day of seizure or turn in and ending at 6:00 p.m. on the third day thereafter. Saturdays, Sundays, and holidays shall not be counted.
HEALTH DEPARTMENT. The Chatham County Public Health Department.
HEALTH DIRECTOR. The Director of the County Public Health Department or his or her designee.
IMPOUNDMENT. The placement of an animal in the custody of the County Animal Services Division, person or entity duly authorized by the Board of County Commissioners or by state law for that purpose.
KEEPER. Any person, acting in the capacity of the owner, or at the owner’s request, who is responsible for the care, welfare, and maintenance of the animal.
LIVESTOCK. All categories and subsets of equines, bovines, sheep, goats, llamas, and swine.
MICROCHIP IMPLANT. A passive electronic device injected into an animal by means of a pre-packaged sterilized implanting device for the purpose of identification and/or recovery of the animal.
OWNER. Any person taking care of or having custody of an animal, such as by providing food, water, shelter, or medical care, but shall not include taking care or having custody of the animal for compensation.
OWNER’S PROPERTY. The area described in the deed of conveyance to the owner, or in a lease situation written or verbal, the area described in the lessor’s deed of conveyance. For the purposes of this definition the common areas of townhomes and condominiums will be considered as being owned by the homeowners association and the common areas of apartment complexes will be considered owned by the lessor/property owner.
PERSON. An individual natural person or group of persons, a corporation, partnership, limited liability company, association, other organization or similar entity including bodies of politic and corporate.
POTENTIALLY DANGEROUS DOG. A dog that has:
(1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(2) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(3) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
PROOF OF OWNERSHIP. Documentation that establishes property rights in an animal including but not limited to, veterinary records, rabies vaccination certificate, license, registration, photographs, bills of sale, breed registries, written transfers of ownership, and verbal or written third-party verifications.
PROVOKE. Any action designed, intended, or which can reasonably be expected to have the effect of goading, inflaming, instigating, or stimulating an aggressive response on the part of an animal. Reasonable efforts of self-defense against a dangerous animal and authorized or otherwise lawful entry onto the property of another shall not constitute provocation.
PUBLIC NUISANCE.
(1) Any act or conditions resulting from the maintaining, housing, or harboring of animals which annoys and disturbs the rights, privileges of a reasonable person(s) under the circumstances within a given community, rendering the ordinary use or occupation of any person’s property physically uncomfortable or which creates a public health nuisance.
(2) The following, by way of example, and not by way of limitation, shall constitute prima facie evidence of nuisance whether occurring on or off the owner’s property:
(a) Any animal which damages the property of anyone other than its owner, including but not limited to, turning over garbage containers, damaging gardens, flowers, or vegetables.
(b) Any animal(s) maintained in unsanitary conditions which results in offensive odors, is dangerous to the welfare of the animal(s), or public health and safety.
(c) Any act by virtue of number or type and location is offensive or dangerous to public health, safety, or welfare.
(d) Any animal which habitually barks, whines, howls, or otherwise creates excessive and repetitive noise which annoys and disturbs the rights, and privileges, and reasonable expectations of other person(s) rendering the ordinary use or occupation of any person’s property physically or emotionally uncomfortable.
(e) When off the owner’s property any animal that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, joggers, animals walked on a leash by their owners, bicycles, or other vehicles.
(f) Any female dog or cat not maintained in a building or other enclosure, while in heat, in such a manner that she will not be in contact with another dog or cat or attract other animals. This section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of the animal which is being bred.
(g) Any animal tethered in a manner that allows it to come within five feet of another person’s property line.
QUARANTINE. The strict confinement of an animal in a manner which precludes direct contact with other animals not currently in quarantine or person other than the owner or caretaker.
RESTRAINT OFF OWNER’S PROPERTY. Restriction or control of an animal’s movement by a leash, bridle, or similar effective and humane device and under the direct control of a competent person when off the owner’s real property.
SECURE ENCLOSURE. Any enclosure, including but not limited to a house, mobile home, shed, barn, and the like, from which an animal cannot escape unless freed by the owner. An Animal Services Officer, in his or her discretion, may determine whether or not there is a secure enclosure on the premises.
STRAY. Any animal found at large which does not bear owner identification, the owner is not known, or an owner cannot be identified in the exercise of due diligence.
SUSPECTED OF HAVING RABIES. Any animal which is unvaccinated against rabies or whose vaccination status is unknown which is reasonably suspected of having been exposed to rabies.
TETHER. A rope, metal chain, coated cable, or other similar and effective humane device, with which an animal is secured to in order to restrict its movement. By design, the tether must be at least 15 feet in length and equipped with a swivel on each connecting end. By design and placement, it shall allow the dog a reasonable and unobstructed range of motion. A pulley system, running line, or trolley system may be used in conjunction with this definition.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
(Ord. passed 9-18-2017)