For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any animal, including, but not limited to, dog, cat, horse, mule, donkey, pony, cow, sheep, goat, hog, rabbit, turkey or other animal or fowl.
AT LARGE.
(1) Not securely confined by a fence or other means on the premises under the control of, or occupied by, the owner; or
(2) Not under the control of the owner or a competent person able to safely and humanely restrain the animal with a substantial leash or chain not more than four feet in length and of sufficient strength to control the actions of the animal if off the premises of the owner.
ATTACK. Violent or aggressive physical contact.
DANGEROUS ANIMAL. Any animal, other than domestic dogs and cats, which in the wild state is carnivorous or which because of its nature or physical makeup is capable of inflicting serious physical harm or death to human beings, including, but not limited to:
(1) Within the scientific order Carnivora, animals of the scientific family:
(a) Canidae, such as wolves, coyotes and jackals;
(b) Felidae, including, but not limited to, the genetic lineages; lynx, such as lynxes and bobcats; ocelot, such as ocelots and margays; panther, such as lions, tigers, leopards and jaguars; puma, such as cougars (mountain lions) and cheetahs;
(c) Hyaenidae, such as hyenas; and/or
(d) Ursidae, such as bears.
(2) Snakes, rear-fanged and constrictors, of the scientific family:
(a) Boidae, such as boa constrictors and anacondas;
(b) Elapidae, such as cobras and death adders;
(c) Pythonidae, such as pythons; and/or
(d) Viperidae, including both true vipers and pit vipers, such as adders, asps, rattlesnakes, copperheads and cottonmouths.
FOWL. Chickens, guineas, geese, ducks and pigeons.
OWNER or KEEPER or HARBORER. Any person, group of persons or corporation owning, keeping, maintaining or harboring, or having permanent or temporary care or custody of an animal or animals or fowl or birds.
POTENTIALLY VICIOUS ANIMAL. Any animal that, when unprovoked:
(1) Acts as if it intends to bite a human, dog, cat, animal or livestock, whether on public or private property;
(2) Chases or approaches a human upon a public way in a threatening fashion as if to inflict injury or serious harm; and/or
(3) Demonstrates aggressive behavior, which requires a human to take defensive or evasive action to avoid physical contact with the animal.
PROVOKE or PROVOCATION. With respect to an attack by an animal, means that the animal was hit, kicked or struck by a person with an object or part of a person’s body, or that any part of the animal’s body is pulled, pinched or squeezed by a person.
SERIOUS PHYSICAL HARM TO PERSONS. Physical harm involving a substantial risk of death, partial or total permanent incapacity, permanent or temporary serious disfigurement, or acute pain lasting long enough to result in substantial suffering or causing any degree of prolonged or incurable pain.
TOWN. Properties within the incorporated limits of the Town of Gage, Oklahoma, including, but not limited to, other properties owned or controlled by the town, such as the areas encompassing the Artesian Beach, the Municipal Airport, the town’s public works wastewater lagoons and the town cemetery.
VICIOUS ANIMAL. With the exception of police dogs, means:
(1) An animal which, while unleashed and off the premises of its owner, has attacked, menaced, chased, displayed threatening or aggressive behavior, or otherwise threatened or endangered the safety of any domestic animal or person;
(2) An animal which, while unleashed and off the premises of its owner, has bitten a human being or domestic animal without provocation;
(3) Any animal owned or harbored primarily, or in part, for the purpose of fighting, or any animal trained for fighting; or
(4) An animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
WITHOUT PROVOCATION. That an animal was not teased, tormented or abused, and also where the animal was not protecting its owner or owner’s property from criminal activity by a perpetrator of a crime.
(Prior Code, § 5-6-1) (Ord. passed 2- -2011)