For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL OWNER. Any person who owns any animal; has a property right in any animal; or, has any animal in his/her custody, possession, maintenance, care or control. ANIMAL OWNER shall include any person who is temporarily boarding any animal or has any animal in his/her care, custody, control, maintenance or possession, and includes any person providing food, drink, space or care to stray animals or animals otherwise running at large.
DANGEROUS ANIMAL.
(1) Any animal that has attacked or bitten without provocation a person engaged in lawful activity within the city;
(2) Any animal that has killed or injured another animal after the owner thereof has been given written or verbal notice by a Dangerous Animal Officer to keep the same confined or muzzled;
(3) Any animal that has been declared to be dangerous by a physician attending a person who has been bitten or attacked by such animal;
(4) Any animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting;
(5) Any animal that is considered by a Dangerous Animal Officer to have either a dangerous or vicious propensity, dangerous or vicious predisposition, or dangerous or vicious tendency, after said Dangerous Animal Officer has personally observed the animal's behavior; or
(6) Any animal that exhibits behavior that requires a Dangerous Animal Officer to take defensive action or causes such Dangerous Animal Officer the immediate apprehension of bodily harm.
(7) Any animal shall not be deemed dangerous if:
(a) It bites, attacks or menaces anyone assaulting its owner, or any person or other animal who has tormented or abused it; or
(b) It is otherwise acting in defense of an attack, from a person or other animal upon the owner or other person; or
(c) It is protecting or defending its young or other domestic animal; or
(d) It has been trained to function for public law enforcement agencies.
DANGEROUS ANIMAL OFFICER. The Animal Control Officer or any law enforcement officer. The DANGEROUS ANIMAL OFFICER shall take complaints of an aggrieved party, on a form prescribed by the city, and set forth in the Appendix following this chapter.
VICIOUS ANIMAL.
(1) Any animal that has caused death or severe injury to a person engaged in lawful activity within the city. A severe injury shall include, but not be limited to, one or more of the following: permanent disfigurement, long-term loss or impairment of any organ, broken or crushed bones, lacerations exceeding one inch in length, more than four puncture wounds from teeth, one or more severed veins or arteries, the removal of flesh exceeding one-half square inch, damage to muscle tissue, the loss of any limb or appendage, damage to an eye, injury that results in a person becoming disabled as defined by the Americans With Disabilities Act, or any injury deemed severe by an attending medical doctor.
(2) Any animal shall not be deemed a VICIOUS ANIMAL if:
(a) It bites, attacks or menaces anyone assaulting its owner, or any person or other animal who has tormented or abused it; or
(b) It is otherwise acting in defense of an attack, from a person or other animal upon the owner or other person; or
(c) It is protecting or defending its young or other domestic animal; or
(d) It has been trained to function for public law enforcement agencies.
(Ord. 0-18-88, passed 8-15-88; Am. Ord. 0-24-89, passed 10-2-89; Am. Ord. O-5-92, passed 2-3-92; Am. Ord. O-6-01, passed 4-2-01; Am. Ord. O-13-2014, passed 11-3-14)