For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER. Any animal kept outdoors must be provided with shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate spacefor each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species.
ADEQUATE SPACE. Sufficient space to allow each animal to easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and interact safely with other animals in the enclosure.
AT LARGE. A dog is AT LARGE if it is off the premises of the owner or person having possession of the dog, and not under the control of the owner or some other person by leash, cord, chain or other attachment, or under restraint as hereafter defined.
DANGEROUS DOG.
(1) A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous:
(a) If no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite;
(b) If both animals are owned by the same person;
(c) If such attack occurs on the property of the attacking or biting dog's owner or custodian; or
(d) For other good cause as determined by the court.
(2) No animal shall be found to be a DANGEROUS DOG if the threat, injury or damage was sustained by a person who was:
(a) Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian;
(b) Committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or
(c) Provoking, tormenting or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times.
(3) No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a DANGEROUS DOG. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its pen, its offspring, a person, or its owner's or custodian's property, shall be found to be a DANGEROUS DOG.
OWNER. Any person, group of persons, or entity owning, keeping, having charge of sheltering, feeding, harboring or taking care of any animal.
PEN. A structure used to contain an animal outdoors.
(1) A PEN shall consist of four secure sides, constructed of chain link or comparable and appropriate material, to allow for adequate space, light and ventilation.
(2) A PEN should be kept properly cleaned. The animal must be provided clean water, species-appropriate food, adequate space, and adequate shelter.
PROPERLY CLEANED. Carcasses, debris, food waste and excrement are removed from an animal's living space (including pen and shelter) with sufficient frequency to minimize the animal's contact with the above-mentioned contaminants, the living space is sanitized with sufficient frequency to minimize odors and the hazards of disease, and the living space is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with a stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
RESTRAINT. A dog is under RESTRAINT if it is controlled by a leash, cord, chain or other attachment, or is sufficiently near the owner or handler to be under his or her direct control and obedient to that person's commands, or within a vehicle being driven or parked and unable to get outside of the vehicle, or on the property of its owner or keeper.
VICIOUS ANIMAL. Any animal that has made an unprovoked attack on a human by biting or in any manner causing abrasions or cuts to the skin. A VICIOUS ANIMAL is also any animal that habitually or repeatedly attacks or physically threatens humans or other animals.
(1) No animal shall be declared vicious or dangerous if the threat, injury or damage was sustained by a person who was:
(a) At the time, committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal;
(b) Teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal; or
(c) Committing or attempting to commit a crime.
(2) No animal shall be declared vicious or dangerous if it attacks other animals which are trespassing on the premises occupied by the owner or keeper of the animal.
(Ord. passed 8-5-2014)