For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) “Animal shelter” means any premises designated by action of the City for the purpose of impounding and caring for all animals found running at large in violation of this article.
(b) “Animal Warden” means the person employed by the City Manager as its enforcement officer.
(c) “At large”. Any dog shall be deemed to be at large when it is off the property of its owner and not under the direct control of a competent person.
(d) “Competent person” means a person physically capable of restraining the dog or able to maintain direct control of the dog.
(e) “Dangerous dog” means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings or domestic animals, or would constitute a danger to human life, physical well-being, or property or other domestic animals if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. “Dangerous dog” includes any dog that according to the records of either any City, any County, any State, or any law enforcement agency:
(1) Has when unprovoked bitten, attacked, endangered, or inflicted injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above referenced authorities; or
(2) Has severely injured or killed a domestic animal while off its owner’s property; or
(3) Has been used primarily or in part for the purpose of fighting, or is a dog trained for fighting; or
(4) Has previously been declared a dangerous dog by another municipality, any county or any state.
For the purposes of this article, “dangerous dog” shall be synonymous with “vicious dog”.
(f) “Direct control” means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
(g) “Exposed to rabies”. A dog has been exposed to rabies within the meaning of this article if it has been bitten by, or been exposed to any animal known to have been infected with rabies.
(h) “Harboring”. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.
This definition shall not apply to any veterinary clinic or kennel.
(i) “Impoundment” means the taking or picking up and confining of an animal by any police officer, Animal Warden or any other public officer, under the provisions of this article, Article 505 of the City Code or any applicable West Virginia Code provision.
(j) “Kennel” means a place which is engaged in the commercial business of breeding, buying, selling or boarding dogs.
(k) “Muzzle” means a device constructed of strong, soft materials or of metal, designed to fasten over the mouth of any animal to prevent the animal from biting any person or other animal.
(l) “Owner” means any person, partnership, or other legal entity owning, keeping or harboring a dog, or in the case of a person under the age of eighteen, that person’s parent or legal guardian.
(m) “Restraint”. A dog is under restraint within the meaning of this article if it is controlled by a leash and accompanied by its owner or some other competent person in charge of such dog, on or within the vehicle being driven or parked on the streets, or securely enclosed within the property limits of its owner or keeper.
(n) “Sanitary condition” means a condition of good order and cleanliness to minimize the possibility of disease transmission.
(o) “Spayed female” means any bitch which has been operated upon to prevent conception. (Ord. 03-1. Passed 2-6-03.)