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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE DOG. Any dog that is determined by an Animal Control Officer to constitute a physical threat to human beings or other animals by virtue of either:
(1) Unprovoked, threatening behavior by the dog; or
(2) An attack, or attacks, by the dog that cause reasonable apprehension, property damage or physical injury.
ANIMAL AT LARGE. Any animal off the premises of his owner and not under sufficient physical restraint such as a leash, cage, bridle, or similarly effective device to allow the animal to be controlled.
ANIMAL CONTROL OFFICER. A person designated as such to perform duties described by this chapter.
ANIMAL CONTROL SHELTER. Any holding or other facility designated by the Town Council for the detention of animals.
ANIMAL UNDER RESTRAINT. Any animal confined within a vehicle, confined within the real property limits of its owner, or secured by leash or lead.
ANTI-CLIMBER. A device consisting of angled metal braces and barbed wire, which wire is stretched between each angled metal brace, all of which is attached to the top of a fence. The wire shall be at least three strands, separated evenly, the furthest being no less than 18 inches from the top of the fence. It shall extend inwards at an angle of not less than 45 degrees, nor more than 90 degrees, measured from perpendicular or, in lieu of barbed wire, an elec- trically charged wire attached to the top of the fence.
CATTERY. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, or grooms cats.
DOMESTICATED ANIMAL. An animal such as is accustomed to living in or about the habitation of men including, but not limited to, cats, cows, dogs, fowl, horses, and domesticated wild animals. This does not include any animal specified in § 91.06, and it shall be unlawful for any person to maintain, keep, or house animals as specified in § 91.06 within the corporate limits of the town.
ELECTRIC UNDERGROUND FENCE. Any restraining device that is installed underground and uses a special collar and an electrical field around the perimeter of the owner’s property for purposes of training a dog to remain on the property.
HOLDING FACILITY. Any pet shop, kennel, cattery, or combination thereof.
KENNEL. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, grooms, lets for hire, or trains for a fee dogs. This shall include the ownership of dogs which are part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or guarding or protection of the owner's property; provided, all dogs trained or sold for attack and security shall be trained by a trainer licensed pursuant to § 91.69.
OWNER. Any person owning, keeping, harboring, possessing, or acting as custodian, however temporarily, of an animal. However, a person having temporary custody or possession of an animal for the sole purpose of turning over the animal to a member of the Animal Control Division or other peace officer shall not be deemed the OWNER of the animal.
PET. A domesticated animal kept for pleasure rather than utility. PETS include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals, and other animals associated with man's environment.
PET SHOP. A commercial establishment which offers for sale two or more species of live animals with the intent that they be kept as pets.
PUBLIC NUISANCE ANIMAL. Any animal which:
(1) By frequent howling, yelping, barking, or making of other noises shall disturb the neighborhood;
(2) Chases, snaps at, or impedes a pedestrian, bicycle rider or vehicle;
(3) Damages, soils, or defiles private or public property;
(4) Interferes with, molests, or attacks persons or other animals;
(5) Causes unsanitary, dangerous, or offensive conditions to the public health, safety and welfare;
(6) Is repeatedly at large against the instruction of the Animal Control Officer.
TRAINER. Any individual who holds himself available to the general public for the purpose of training attack and security dogs. This does not include individuals who are in the business of obedience training only.
VACCINATION or VACCINATION AGAINST RABIES. The vaccination or inoculation of a dog or cat with an anti-rabic vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture and the North Carolina State Board of Health or the local health director, as defined in G.S. § 130(A)-184(7).
VICIOUS ANIMAL. Any animal which constitutes a physical threat to human beings or other animals by virtue of the severity of an unprovoked attack or attacks of such number and severity as to cause property damage or physical injury. These animals are prohibited within the town limits.
WEEKDAYS. Monday through Saturday, inclusive, excluding local, state, and national legal holidays.
('71 Code, § 3-4) (Ord. passed 9-23-75; Am. Ord. passed 9-18-95; Am. Ord. 98-08-02, passed 8-17-98; Am. Ord. passed 2-18-02; Am. Ord. passed 3-18-02)