For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ADULT. A human being at least 18 years of age.
AGGRESSIVE ANIMAL. Any animal that, without provocation, constitutes a physical threat to human beings or other animals.
ANIMAL. Every non-human creature.
ANIMAL HAVING DANGEROUS OR DESTRUCTIVE PROPENSITIES. A animal which constitutes a physical threat to humans or other animals, or a dog which turns over garbage receptacles, destroys shrubs, flowers, grass and other plant growth, injures or kills other animals, attacks or attempts to attack persons or performs other similar acts.
ANIMAL UNDER RESTRAINT.
(1) Any animal secured by a leash or lead under the control of a person physically capable of restraining the animal, or is obedient to the person's commands or is securely enclosed within the real property limits of the owner's premises. See § 90.02 for listing of those animals that shall be under restraint.
(2) ANIMAL UNDER RESTRAINT may also include the following:
(a) While on the property of its owner that reasonable care and precautions are taken to prevent the animal from leaving the real property of its owner while unattended, wherein the animal is:
1. Securely and humanely confined within a house, building, fence, crate, pen or other enclosure;
2. Humanely secured by chain, cable and trolley, rope, or tether of sufficient strength to prevent escape, or controlled by an electronic fence device; or
3. Leashed or otherwise controlled by a responsible person or is obedient to the commands of a person present with the animal at any time it is not secured.
(b) While off the property of the owner that:
1. The animal is securely confined within a vehicle;
2. The animal is caged or tethered in the open bed of a pick-up truck;
3. The animal is securely and humanely confined within a house, building, fence, crate, pen or other enclosure;
4. The animal is humanely secured by a chain, cable and trolley, rope, or tether of sufficient strength to prevent escape; or
5. That the animal is leashed or otherwise controlled by a responsible person or is obedient to the commands of a person present with the animal at any time it is not secured.
AT-LARGE. Any unattended animal off the premises of the owner and not under the actual control of the owner.
DANGEROUS DOG. Any dog that, according to the records of the village or other animal control or law enforcement authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injuries on a human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily, or in part, for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon the street, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that the actions are attested to in a sworn statement by 1 or more persons and dutifully investigated by the appropriate authority.
EXCESSIVE ANIMAL NOISE. Noise continuously and/or incessantly for a period of 10 minutes or noise intermittently for 1/2 hour or more.
OWNER. Any natural person, firm, association or corporation, or organization who possesses, keeps, harbors or has custody or control of an animal. If the owner is a minor, as defined by statute (under the age of 18), the minor's parent(s) or legal guardian shall be the owner for purposes of this chapter.
POTENTIALLY DANGEROUS ANIMAL. Any animal with a propensity or disposition to attack unprovoked, or otherwise threaten the safety of humans and domestic animals.
PROPER ENCLOSURE. A building or other structure from which a dog or animal cannot escape, or an outside area enclosed by a fence at least 6 feet in height, secured to the ground in a manner so that a dog or animal cannot escape.
PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys persons, endangers the life or health of persons or other animals, or substantially interferes with the right of persons to enjoyment of life or property. The term shall include, but is not limited to:
(1) An animal that damages the property of anyone other than its owner or causes the loss of property;
(2) An animal that has bitten a person without provocation;
(3) An animal that bites, attacks, or wounds another animal without provocation;
(4) An animal that excessively howls, barks, growls or makes other noises so as to unduly disturb or disrupt the public peace, order and tranquillity;
(5) An animal that chases motor vehicles in a public right-of-way;
(6) A dangerous animal;
(7) Any animal that damages private property;
(8) Any animal that is repeatedly found running-at-large;
(9) 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;
(10) Any animal in heat that is not confined so as to prevent attraction or contact with other animals; and
(11) 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.
(2002 Code, Ch. 81, § 81.01)