The following words and phrases when used in this chapter shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meaning:
ANIMAL: Any horse, mule, donkey, pony, cow, sheep, goat, hog, dog, cat, rabbit, chicken, goose, duck, turkey, or other animal or fowl.
ANIMAL CONTROL AUTHORITY: The City of Eufaula.
ANIMAL CONTROL OFFICIAL: Any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any State or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
AT LARGE: An animal shall not be deemed at large when it is on premises under the control of or occupied by its owner. An animal shall not be deemed at large when it is under restraint by a competent person by means of leash or otherwise. All other animals shall be deemed at large.
DANGEROUS ANIMAL: An animal which has bitten, or attempted to bite, any person or other domesticated animal without undue provocation, or which attacks, or acts as if it intended to attack or bite, or bites a person or persons, when not unduly provoked.
DANGEROUS DOG: Any dog that:
A. Has inflicted severe injury on a human being or domestic animal without provocation on public or private property, or
B. Has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks, or endangers the safety of humans or other domesticated animal.
NUISANCE DOG: Any dog that:
A. Engages in any behavior that requires a defensive action by any person to prevent bodily injury; or
B. When unprovoked, chases or approaches a person, including a person on a bicycle, in an apparent attitude of attack; or
C. Is maintained in an enclosure that does not sufficiently protect the public from the threat caused by the dog, considering the safety of the enclosure and the degree of aggressive and threatening behavior evidenced by the dog; or
D. Is at large and found to attack, menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or person; or
E. Engages in loud, frequent or habitual barking, howling, yelping or other noise or action that disturbs any person or neighborhood within the city limits.
OWNER: Any person, firm, corporation, organization or department possessing, harboring or keeping, having an interest in, or having control or custody of any animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten (10) days or more, shall be deemed to be harboring or keeping the animal.
POTENTIALLY DANGEROUS DOG: Any dog that when unprovoked inflicts bites on a human or other domesticated animal either on public or private property.
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 with at least one hundred fifty (150) square feet of space for each dog kept therein which is over six (6) months of age, and which is suitable to prevent the entry of 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.
SEVERE INJURY: Any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. (Ord. 12-11-2, 11-5-2012; amd. Ord. 21-04-03, 4-5-2021)