5-1-1: DEFINITIONS:
As used in this chapter, unless the context otherwise indicates (as applied to dogs and other animals), the following words shall mean:
   ANIMAL CONTROL OFFICER: The custodian selected by the governing body to be responsible for the operation of the dog pound or to work with and serve as the town's contact with other contracted or authorized parties providing such services.
   ANIMAL UNDER RESTRAINT: Any animal under the control of its owner or under the control of the person having charge, care, custody or control of the animal. A dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle or restrained within the real property limits of the owner.
   AT LARGE OR RUNNING AT LARGE: Any dog or other animal off or away from the premises of the owner, possessor or keeper thereof, unless such dog or other animal is under the control of such owner, possessor or keeper, or his agent or servant, or a member of his immediate family by means of a leash, cord or chain not in excess of ten feet (10') in length, or confined within a vehicle.
   ATTACK: Any attempted biting or action by an animal, which places a person, or another animal, in danger of imminent bodily harm. Actual physical contact shall not be required to constitute an attack.
   BITE: Any injury to a person, another animal or property inflicted by the teeth of an animal.
   CAT: Any feline of the domesticated type.
   CATTERY: An establishment for boarding, breeding, buying, grooming or selling cats for a fee.
   COMMERCIAL KENNEL: A kennel established for the purpose of boarding, breeding, and harboring of seven (7) or more animals for financial gain.
   DOG: Any male or female dog of any age.
   DOG OF LICENSING AGE: Any dog which has been weaned or attained the age of four (4) months.
   DOMESTICATED ANIMALS: Any animals accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, fowl, horses, swine and goats.
   ESTRAY: Any valuable animal, except dogs and cats, not wild, found wandering from its owner.
   FAMILY FOOD PRODUCTION OR RECREATIONAL ANIMALS: The keeping of not more than four (4) large animals (horses, cattle, llamas) and their offspring of less than six (6) months, or not more than five (5) small animals (sheep, goats) and their offspring of less than six (6) months, or not more than one hundred (100) domestic fowl for each lot of one-half (1/2) acre of five-eighths (5/8) acre. A proportionate increase is allowed based upon a ratio of that property to one and one-fourth acres. All animals are to be maintained in a husband like manner.
   GUARD DOG: A working dog that must be kept in a fenced run or other suitable enclosure during business hours, or on a leash under absolute control, so it cannot come into contact with the public.
   HOLDING FACILITY: Any pet shop, kennel, cattery, groomer, riding school, stable, animal shelter, veterinary hospital, humane establishment or any other such facility used for holding animals.
   HOUSEHOLD: A person or group of people occupying a single dwelling, with a street address issued and recorded by Clarkston Town LUDMA. It includes the spaces and possessions belonging to such a unit.
   IMPOUNDED: Having been received into the custody of the municipal pound or into the custody of any authorized agent or representative of the municipality.
   LIVE TRAP: Any trap which does not cause harm or injury or is used with the intent to harm or injure the animal.
   NONCOMMERCIAL KENNEL: Any person owning, keeping, harboring, or maintaining four (4) or more dogs, over the age of six (6) months old, shall be considered to be operating a noncommercial dog kennel.
   OWNER: When applied to the proprietorship of a dog or other animal, means any person or persons, firm, association or corporation owning, having charge, custody or control of, keeping or harboring, a dog or other animal.
   PET SHOP: An establishment where dogs, cats, birds or other pets are kept and displayed for sale.
   POUND OR SHELTER: A facility owned, employed by and/or operated by a government entity or any animal welfare organization that is organized within the state for the purpose of preventing cruelty to animals, and used for the care and custody of seized stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domestic animals.
   QUARANTINE: The isolation of an animal in an enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
   STRAY: Any animal at large.
   TRAPPING: The use of any mechanical device which entraps, snares or snaps closed on any animal.
   UNLICENSED DOG: A dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached.
   VICIOUS DOG OR ANIMAL: Any animal which is dangerously aggressive or uncontrollable, including, but not limited to, any animal which has bitten or in any other manner attacked a person or animal without provocation, or an animal that has a known propensity to attack or bite human beings or other animals.
   WILD ANIMAL: Any animal of a species that in natural life is wild. Those animals, however domesticated, shall include, but are not limited to:
   A.   Alligators and crocodiles;
   B.   Bears (Ursidae). All bears, including grizzly bears, brown bears, black bears, etc.;
   C.   Cat family (Felidae). All, except the commonly accepted domesticated cats, and including cheetah, cougar, leopard, lion, lynx, panther, mountain lion, tiger, wildcat, etc.;
   D.   Dog family (Canidae). All, except the domesticated dogs, and including wolf, fox, coyote, dingo, etc.;
   E.   Porcupine (Erethizontidae);
   F.   Primate (Hominidae). All subhuman primates;
   G.   Raccoon (Procyonidae). All raccoons, including eastern raccoon, desert raccoon, ring tailed cat, etc.;
   H.   Skunks;
   I.   Venomous fish and piranha;
   J.   Venomous snakes or lizards;
   K.   Weasels (Mustelidae). All weasels, including, martens, wolverines, ferrets, badgers, otters, ermine, mink, mongoose, etc., except that persons raising members of this family as a business for their pelts shall not be prohibited by this chapter. (Ord. 01-01, 7-6-2001; amd. 2003 Code; Ord. 11-02, 3-22-2011; Ord. 13-01, 3-5-2013; Ord. 20-01, 3-3-2020)