For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. Any animal left more than 24 hours without a person checking on the condition of the animal(s) and providing food and water. Any animal left on private property without the owner’s consent or deserted or dumped on public properties or roadways.
ALTERED ANIMAL. A dog or cat (as the context herein may require) that has been spayed or neutered.
ANIMAL CONTROL. The department of the county which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the Animal Shelter.
ANIMAL CONTROL OFFICER. Any person designated by the Director of Animal Control who is qualified to perform duties under the laws and ordinances of the commonwealth, and the city and county. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purpose of Animal Control only.
ANIMAL SHELTER. Any premises operated and approved for operation by the Fiscal Court and/or the City Commission for the purpose of impounding and caring for animals held under the authority of this chapter.
CITY. All public and private areas within the jurisdiction of the city.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any entity, person or persons engaged in the business of breeding, buying or selling at retail or wholesale, any species of animal for profit.
DAY. For the purpose of this chapter, a 24-hour period shall constitute a DAY.
DIRECTOR OF ANIMAL CONTROL. The person appointed by the Judge Executive and approved by the Fiscal Court to be the Chief Animal Control Officer.
DOMESTIC ANIMAL. Animals as are habituated to live in or about the habitations of human beings, which are kept, cared for, sheltered, fed or harbored for use as a pet or as a source of food, raw materials or income.
EXOTIC ANIMAL. A normally undomesticated animal, whether or not native to the region including, but not limited to, lions, monkeys, giraffes, bears, tigers and wolves (or any hybrid thereof).
FARM. Any privately owned or leased enclosed, unified tract of property consisting of greater than five acres shall be considered a FARM for all purposes under this chapter.
HUMANE SOCIETY. Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
IMPOUNDED. Having been received into the custody of Animal Control or any authorized representative thereof.
KENNEL. Any establishment where dogs are kept for the purpose of breeding, sale, show or sporting purposes, and which is so constructed that dogs cannot stray there from.
LIVESTOCK. Cattle, sheep, swine, goats, emus, ostriches, horses or any other animals of the bovine, ovine, porcine, caprine, ratite or equine species.
OWNER. Any person owning, keeping, harboring or sheltering one or more animals.
PERSON. All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies or other entities.
PET. Domesticated animal kept for pleasure rather than utility.
PIT BULL DOG. Any dog who exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier.
PUBLIC NUISANCE. Any animal(s) which:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly at large;
(5) Makes noise in an excessive, continuous or untimely manner;
(6) Creates unsanitary conditions; or
(7) Disturbs the peace, comfort or health of persons in any other manner.
PROPER QUARANTINE. Confinement to a secure enclosure which shall not permit the animal to come in contact with another animal or person, except the owner or care giver, for a period of ten days.
QUALIFIED PERSON. Any person granted a permit by the State Department of Human Resources or other agency authorized by the commonwealth to vaccinate his or her own animal against rabies.
REASONABLE GROOMING. To maintain an animal’s coat to prevent conditions which inhibit normal walking or eliminating body waste, or which is medically harmful to the animal.
RESTRAINT. Enclosed in an area by a form of fencing designed to control the movement of the animal and/or secured by a leash or chain. An animal shall be deemed to be RESTRAINED if it remains on the premises of its owner or if it is accompanied by a responsible person and is under that person’s control.
RUNNING AT LARGE. Any animal that is off the property of the owner, custodian, possessor or harborer and is not restrained. Except that a hound or other hunting dog which has been released from restraint for hunting purposes shall be deemed to be under reasonable control of its owner or handler which engages in or returns from hunting, and if the hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, it shall not be deemed to be a violation.
STRAY. Any animal running at large.
VETERINARIAN. One licensed and qualified to treat diseases and injuries of animals.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which results in serious bodily harm.
(2) Any animal which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places.
(3) The following are deemed a vicious animal: Pit Bull, Rotweiller, Wolf-Hybrid and mixed breed thereof.
(4) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals.
(5) Any animal which bites multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals.
(6) Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
(7) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(8) An animal shall not be deemed VICIOUS solely because:
(a) It bites, attacks or menaces any person assaulting its owner unless by a duly sworn office in the line of duty; or any person or animal who has tormented or abused it;
(b) It is otherwise acting in defense or any attack from a person or other animal upon its owner or another person unless the attack is justified and by a duly sworn officer in the line of duty; or
(c) It is protecting or defending its young or the young of any other animal.
UNALTERED ANIMAL. A cat or dog (as the context herein may require) that has not been spayed or neutered.
WILD ANIMAL. Any animal not domesticated, not ordinarily tame or which is by nature an animal that lives apart from human beings.
WOLF-HYBRID. Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not limited to, animals referred to as WOLF-HYBRIDS or wolf-mix breeds or the breed known as Tundra Shepherd.
(Ord. 840.2-10-2-2011, passed 10-10-2011)