§ 91.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Dog and cat.
   ANIMAL AT LARGE. An animal shall be deemed to be at large whenever the animal is not on the owner’s property or under the immediate physical control of a responsible person capable of physically restraining the animal; provided, however, that dogs will be permitted to run at large when accompanied by the owner or authorized agent if the dog is being used for hunting or trained for hunting or the dog is being accompanied by its owner or his or her authorized agent.
   ANIMAL CONTROL OFFICER. That person or his or her authorized representative designated as such by the County Commissioners of Garrett County to perform duties described by this chapter.
   ANIMAL CONTROL SHELTER. Any facility designated by the County Commissioners of Garrett County for the detention of dogs and cats.
   ANIMAL UNDER RESTRAINT. An animal secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or confined within a vehicle or within the real property limits of its owner and/or its custodian.
   CITATION. A charging document issued to the owner by the Animal Control Officer or authorized agent, Health Officer, or any other law enforcement agency.
   GUIDE DOGS. Guide dogs trained to assist the physically challenged.
   HEALTH OFFICER. The duly appointed Garrett County Health Officer or his or her authorized representative.
   KEEPING or HARBORING. The act or sufferance of either feeding or sheltering an animal on the premises of the occupant or owner thereof.
   KENNEL. An establishment wherein any person, group of persons, or corporation engages in the business of boarding, breeding, buying, or selling dogs or cats, or wherein at any 1 time there are kept or harbored 5 or more dogs or cats over 6 months old for a business or commercial purpose.
   OWNER or OWN. Any person, partnership, association or corporation having a right of property in an animal and any person who keeps or harbors an animal or has it in his or her care or acts as custodian or permits it to remain on, or about, any premises occupied or controlled by him or her.
   PET SHOP. An establishment which offers to sell 2 or more species of live animals with the intent that they be kept as pets.
   PUBLIC NUISANCE ANIMAL. Any animal found repeatedly making loud or objectionable sounds, depositing excretory matter on private property other than that of the animal’s owner, damaging property, running at large, molesting passersby, chasing vehicles or acting in any manner which is deemed to be doing damage to property or to the public health and well-being or any animal which is known to have bitten or injured 1 or more persons or animals or shall have been determined by the Animal Control Officer, the Public Health Officer, or any other authorized representative of the county to be a detriment to public health, welfare and safety shall be deemed to be a public nuisance.
   VICIOUS ANIMAL. Any animal that:
      (1)   Poses a physical threat to persons or to domestic or farm animals by virtue of its specific training or demonstrated behavior. PHYSICAL THREAT means conduct that places a person in reasonable apprehension of imminent, serious physical harm and includes any attempt or actual infliction of physical harm; and
      (2)   Has been declared to be a vicious animal by the Animal Control Officer by written notice sent to the animal’s owner;
      (3)   Except that no animal belonging to a government agency shall be deemed a vicious animal for conduct occurring while the animal is acting in the official performance of authorized duty.
(Ord. —, passed 2-3-20004)