For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE.
An animal is deemed to be at large when it is off its owner's property and not under the restraint of a competent person.
ATTACK.
An animal, not adequately restrained on or off its owner's property, that approaches a person or animal in a vicious, terrorizing, or threatening manner without the animal having been molested, cruelly beaten, tortured, or otherwise harmed.
DANGEROUS ANIMAL.
Any animal whose aggressive behavior constitutes a foreseeable risk of injuring a human or animal or damaging personal or real property. Such behavior includes, but is not limited to, an animal biting or attempting to attack a human or another animal.
DANGEROUS DOG.
Any dog that, when unprovoked:
(1) Inflicts severe injury on a human being on public or private property;
(2) Kills a domestic animal or livestock while off the owner's property; or
(3) Has been previously declared potentially dangerous and the owner having received notice of such declaration and the dog subsequently aggressively bites, attacks or endangers the safety of humans or domestic animals or livestock.
INHERENTLY DANGEROUS EXOTIC MAMMAL.
Any member of the canidae, felidae, or ursidae families; including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:
(1) Canidae include any member of the dog (canid) family not customarily domesticated by humans, and any hybrids of such canidae, including but not limited to wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris).
(2) Felidae include any member of the cat family weighing over 15 pounds not customarily domesticated by humans, and any hybrids of such felidae, but not including domestic cats (Felis catus).
(3) Ursidae include any member of the bear family, and hybrids of such ursidae.
INHERENTLY DANGEROUS REPTILE.
Any member of the class reptilia which:
(1) Is venomous; a venomous reptile shall include all members of the families Atractaspidae (burrowing asps), Crotalidae (pit vipers), Elapidae (cobras, coral snakes, and their allies), Helodermidae (gila monsters and Mexican beaded lizards), Hydrophilidae (sea snakes), Viperidae (vipers), and as well as any "rear fanged" snakes of the family Colubridae that are known to be dangerous to humans, including, but not limited to, Dispholidus (boomslangs), Rhabdophisspp (keelbacks), and Thebtomis kirtlandii (twig snakes); or
(2) Is a member of the order Crocodilla (alligators, caimans, and crocodiles).
LEASH.
A cord, thong, or chain not more than nine feet in length by which an animal is physically controlled by the person accompanying it.
MICROCHIP IMPLANT.
A passive electronic device that is injected into an animal by means of a pre-packaged sterilized implanting device for the purposes of identification and/or recovery of the animal.
POTENTIALLY DANGEROUS DOG.
Any dog that:
(1) Inflicts bites on a human, domestic animal or livestock without provocation either on public or private property;
(2) Without provocation, chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack: or
(3) Has a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
(4) Is located off a leash within 100 feet of any facility which is regularly frequented by minor children, including, but not limited to schools, daycares, parks, recreational fields and/or church playgrounds.
PROOF OF OWNERSHIP.
Documentation in support of a property right in an animal that includes, but is not limited to, veterinary records, rabies vaccination certificates, licenses, photographs, bills of sale, breed registries, written transfers of ownership, and written third-party verifications.
PROPER ENCLOSURE OF A DANGEROUS DOG.
While on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
PROVOKE.
Any action designed to goad, inflame, instigate or stimulate an aggressive response on the part of an animal, but not including any actions on the part of an individual that pertain to reasonable efforts of self-defense against a dangerous animal.
PROVOCATION.
Includes, but is not limited to situations where threat, injury, or damage is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
PUBLIC NUISANCE.
An animal or group of animals may be considered to be a public nuisance if, by way of example and not of limitation, it:
(1) Damages, soils, or defiles community or neighborhood private property or public property;
(2) Interferes with the ordinary use and enjoyment of a person's property;
(3) Turns over garbage containers or damages flower or vegetable gardens;
(4) Causes unsanitary or offensive conditions; or
(5) Impedes the safety of pedestrians, bicyclists, or motorists.
STRAY.
Any animal which is running at large; off its owner's property; appears to be lost, unwanted, or abandoned; or whose owner is unknown or not readily available.
VICIOUS.
Showing a propensity without sufficient provocation to do any act which endangers the safety of persons, animals or property.
(1996 Code, § 90.03) (Ord. passed 12-19-2005; Ord. passed 6-2-2014; Ord. passed 6-5-2017) Penalty, see § 90.99