§ 91.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Any live creature, both domestic and wild, except humans. ANIMAL includes fowl, fish and reptiles.
   ANIMAL CONTROL OFFICER. Any employee or agent of the town, designated by the Town Council to administer and enforce the licensing, inspection and enforcement requirements contained within this chapter.
   ANIMAL NUISANCE. Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.
   AT HEEL. A dog is directly behind or next to a person and obedient to that person's command.
   AT LARGE. An animal is off the premises of the owner and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.
   DOMESTIC ANIMAL. Includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
   EXOTIC ANIMAL. Any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.
   GUARD OR ATTACK DOG. A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
   IMPOUNDMENT. The taking into custody of an animal by any police officer, animal control officer or any authorized representative thereof.
   MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
   OWNER. Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter. An animal shall be deemed to be HARBORED if it is fed or sheltered for three or more consecutive days.
   PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include, but not be limited to:
      (1)   Any animal that is repeatedly found running at large;
      (2)   Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint;
      (3)   Any animal that damages, soils, defiles or defecates on any other property other than that of its owner;
      (4)   Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances, causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
      (5)   Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
      (6)   Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
      (7)   Any animal, whether or not on the property of its owner, that without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of-way;
      (8)   Any animal that chases motor vehicles in a public right-of-way;
      (9)   Any animal that attacks domestic animals;
      (10)   Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or
      (11)   Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
   UNDER RESTRAINT. An animal secured by a leash or lead under the control of a person physically capable of restraining the animal and obedient to that person's commands or securely enclosed within the real property limits of the owner's premises.
   VICIOUS OR DANGEROUS ANIMAL.
      (1)   Any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite or physically injure human beings, domestic animals or livestock.
      (2)   Any wild animals or any animal that without provocation has bitten or attacked a human being or other animal shall be prima facie presumed VICIOUS or DANGEROUS.
   WILD ANIMAL. Any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in the wild state. The term WILD ANIMAL does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild and captive-bred species of common cage birds.
(Ord. passed - -)