As used in this chapter:
(a) "Animal" means any live, vertebrae creature, domestic or wild.
(b) "Animals shelter" means any facility operated by a humane society or a Municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or State law.
(c) "At large" means off the premises of the owner.
(d) "Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
(e) "Circus" means a commercial variety show featuring animal acts for public entertainment.
(f) "Commercial animal establishment" means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.
(g) "Dangerous dog" means a dog that, without provocation, and subject to the following sentence, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
(h) "Dog" means any member of the canine species, male or female.
(i) "Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
(j) "Humane Officer" means any person designated by the State, a municipal government or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of the State.
(k) "Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
(l) "Menacing fashion" means a dog that would causes any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(m) "Owner" means any person owning, keeping, possessing, harboring, maintaining or having the care, custody and control of an animal. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
(n) "Performing animal exhibition" means any spectacle, display, act or event, other than a circus, in which performing animals are used.
(o) "Pet" means any animal kept for pleasure rather than utility.
(p) "Pet shop" means any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.
(q) "Police dog" means a dog that has been trained and may be used to assist one or more law enforcement officers in the performance of their official duties.
(r) "Public nuisance" means any animal which:
(1) Molests passersby or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds;
(4) Is repeatedly at large;
(5) Damages private or public property; or
(6) Barks, whines or howls in an excessive continuous or untimely fashion.
(s) "Restraint" refers to control of an animal and means secured by a leash or lead, or under the control of a responsible person and obedient to the person's commands, or within the real property limits of its owner.
(t) "Riding school or stable" means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
(u) "Unsecured" means not securely confined indoors or not securely restrained by means of a collar and chain, pen, fence or similar physical device, and in such a manner which effectively prevents a dog from going beyond the premises of the owner.
(v) "Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
(w) "Vicious dog" means:
(1) A dog that, without provocation and subject to division B. of this definition, meets any of the following criteria:
A. Has killed or caused serious injury to any person;
B. Has caused injury, other than killing or serious injury, to any person, or has killed another dog; or
C. Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.
(2) "Vicious dog" does not include either of the following:
A. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
B. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(x) "Wild animal" means any live monkey (nonhuman primate), raccoon, skunk, fox, snake, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state.
(y) "Without provocation" means a dog acts "without provocation" when it was not teased, tormented, or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(z) "Zoological park" means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals and operated by a person or government agency.
(Ord. 03-41. Passed 4-15-03.)