For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
AGENT. Any person 18 years of age or older who is authorized by the animal’s owner to have temporary or permanent custody of, shelter, have charge of, harbor, exercise control over or otherwise act on the owner’s behalf with respect to the owner’s animal.
ALTERED. Any animal that has been physically altered to prevent it from procreating.
ANIMAL. A member of the animal kingdom, except humans.
ANIMAL CONTROL AGENCY. Any governmental or private entity charged with or subcontracted with for the implementation of animal control services for and on behalf of the county.
ANIMAL CONTROL AGENT.
A civilian person employed or appointed by an animal control agency for the purposes of carrying out the provisions of this chapter or any contract for animal control services.
ANIMAL CONTROL FACILITY. A facility or vehicle operated by an animal control agency for promoting animal welfare and humane treatment of animals. This may include not-for-profit entities incorporated for the purpose of promoting animal welfare.
AT LARGE.
(1) An animal that is:
(a) Not on a leash and is off the property of its owner or the owner’s agent;
(b) On a leash that does not adequately confine the animal to the property of the owner or the owner’s agent;
(c) On a leash that is not otherwise under the immediate control of a person physically capable of restraining the animal; or
(d) Otherwise not under the direct control of the owner or owner’s agent.
(2) However, an animal that is engaged in legal hunting or farming activities and is under the control and supervision of the owner or the owner’s agent is not considered to be AT LARGE
under this chapter.
BITE. To seize, tear, wound, cut with the teeth, resulting in a break in the skin. A BITE does not include a nip or scratch.
COLONY. One or more free-roaming cats, whether managed or unmanaged, in a particular locale.
COLONY CARETAKER. A person who provides, food, water and shelter for one or more free-roaming cats in a managed colony.
DANGEROUS ANIMAL.
(1) Any animal which:
(a) Has seriously injured a human, domestic animal or livestock;
(b) Has without provocation attacked, bitten, attempted to attack or belligerently pursued any human whether on or off the property of its owner or the owner’s agent;
(c) Has attacked or bitten a domestic animal or livestock while off the property of its owner or the owner’s agent; or
(d) Has been found to be at large and has been documented to be at large by an animal control agent or law enforcement officer on three or more separate occasions in a 12-month period and been documented to show aggressive behaviors, including those listed above.
(2) No animal shall be considered a
DANGEROUS ANIMAL if the animal causes injury or damage to a person while that person was:
(a) Committing or attempting to commit, at the time, a trespass or other tort upon the premises lawfully occupied by the owner of the animal;
(b) Provoking, tormenting, abusing or assaulting the animal or who can be shown to have repeatedly in the past provoked, tormented, abused or assaulted the animal; or
(c) Was committing or attempting to commit a crime.
(3) No animal shall be considered a
DANGEROUS ANIMAL if the animal causes injury or damage while:
(a) Responding to pain or injury;
(b) Protecting itself or its offspring; or
(c) Protecting or defending a human within the immediate vicinity of the animal from an attack or assault.
(4) K-9 patrol dogs and police dogs shall not be considered
DANGEROUS ANIMALS when used in the line of duty or for law enforcement purposes.
DESIGNEE. A person, organization or entity selected, appointed or nominated for a particular purpose or duty.
DOMESTIC ANIMAL. A non-wild, non-livestock animal commonly kept as a household pet including:
(1) Dogs (Canis familiaris);
(2) Cats (Felis cattus or Felis domesticus);
(3) Guinea pigs (Cavis procallus);
(4) Hamsters (Mesocriecetus aumtus);
(5) Gerbils (Gerbillus);
(6) Pigeons, homing or racing; and
(7) Ferrets.
FERAL CAT. A cat which has been born in the wild or has been separated from domestication through abandonment or loss and has adapted to life in the wild; an unsocialized cat.
FIGHT. A conflict between two or more animals that is intentionally organized for that purpose.
FREE-ROAMING CAT. Any feral, homeless, stray or untamed cat.
HARBOR. To habitually be lodged or to be within one’s home, store, place of business, enclosure or any premises on which the person resides or controls. An animal shall be presumed to be HARBORED if it is sheltered for six consecutive days or more.
K-9 PATROL DOGS AND POLICE DOGS. A professionally trained dog used by law enforcement, military or public safety officers for law enforcement or investigative purposes and activities.
LIVESTOCK. Non-wild animals and their kinds, commonly kept as farm animals, including those kept for commercial purposes, such as:
(1) Cattle, bison, cows and oxen;
(2) Sheep;
(3) Llamas;
(4) Goats;
(5) Chickens, turkeys, geese and ducks;
(6) Swine;
(7) Horses; and
(8) Donkeys.
LEASH. A cord, chain, tether, rope, strap, lead or other physical restraint.
MANAGED COLONY. A colony that is registered with a sponsoring animal control agency and is maintained by a colony caretaker using Trap-Neuter-Return (“TNR”) methodology.
MICROCHIP. A tiny computer chip, implanted underneath the skin of an animal that contains identification information relating to that animal.
MUZZLE. A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal, without interfering with its vision or respiration or causing injury to the animal, to prevent the animal from biting any person or other animal.
NIP or SCRATCH. To pinch or squeeze with the teeth or claws, not breaking the skin or damaging any tissue.
OFF THE PROPERTY. Beyond the legal boundaries of real property owned by the animal’s owner or the owner’s agent.
OWNER.
Any person 18 years of age or older having ownership rights to any animal covered by this chapter.
PET. Any animal kept for pleasure rather than utility.
PROVOCATION. To deliberately arouse, incite or excite.
RABIES VACCINATION. An injection, licensed by the U.S.D.A. and approved by the State Board of Health, given to a dog, cat or other animal by a veterinarian to prevent the spread of rabies.
RESTRAINT. The securing of an animal by leash or confining it within the real property limits of its owner or the owner’s agent.
SERIOUSLY INJURED.
(1) Any injury, which is caused by an animal and is officially documented, that:
(a) Results in death;
(b) Creates a substantial risk of death;
(c) Causes permanent disfigurement or unconsciousness; or
(d) Results in a permanent or protracted loss or impairment of a bodily member or organ.
(2) SERIOUSLY INJURED shall not include any nip or scratch from an animal.
SERVICE ANIMAL. An animal that a person who is impaired by blindness or any other visual impairment, deafness or any other aural impairment, a physical disability or a medical condition relies on for navigation, assistance in performing daily activities or alert signals regarding the onset of the person’s medical condition.
STRAY. Any animal that is not under restraint or, upon reasonable inquiry by a law enforcement officer or animal control officer, does not appear to have an owner.
TRAP-NEUTER-RETURN (TNR). A program pursuant to which free-roaming cats are trapped, neutered or spayed, vaccinated against rabies, recorded for identification and returned to the location where they congregate and are provided with food, water and shelter.
VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the United States.
WILD ANIMAL. Not a domestic animal nor livestock and which is normally found in a wild state.
(Ord. 09-396, passed 12-7-2009)