§ 98.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL AT LARGE. Any animal that is not securely confined to the premises of said animal’s owner by a fence or other means; or the animal is not otherwise under the control of the owner or agent of the owner by use of a leash or other method of RESTRAINT as defined in this section, whether on the owner’s premises or not.
   ANIMAL CONTROL OFFICER. Any person employed by the city to enforce the provisions of this chapter.
   ANIMALS. Shall include the following: dogs, cats, poultry, horses, mules, donkeys, cattle, goats, sheep, swine or potbellied pigs and shall include every age and sex of each of the herein named species and by whatever other name they might be called.
   APPLICANT. Any person, firm or corporation applying for a permit license to keep animals or poultry within the corporate limits of the city.
   CURRENTLY VACCINATED. The animal is vaccinated within the following specifications:
      (1)   The animal must have been at least three months of age at the time of vaccination;
      (2)   At least 30 days have elapsed since the initial vaccination;
      (3)   Vaccination is valid in accordance with that particular vaccine’s license and was administered by a licensed veterinarian; and
      (4)   The records of the vaccination must be available to the city either through the animal’s owner, guardian, or veterinarian.
   DOG. Any dog, male or female.
   DOG LICENSE. A license and registration tag required to be issued annually for each individual dog on July 1 of each year, unless a lifetime permit has been issued.
   KEEP or HARBOR. To maintain, possess, control by use.
   OBSERVATION PERIOD. Ten-day period, beginning the day of an animal bite incident, during which said animal’s health status must be monitored.
   OWNER. Any person, partnership or corporation that keeps, harbors or owns one or more animals.
   PERMIT LICENSE. Any receipt or license granted by the City Clerk, showing that fees as hereinafter set forth have been duly paid and that the holder thereof has a right to keep and maintain animals or poultry within the city limits under all provisions of this chapter.
   PERMIT LICENSE HOLDER. Any person, family, firm or corporation to which a permit license has been issued and which permit license is in full force and effect.
   POTENTIALLY VICIOUS ANIMAL. Any animal that acts as if it intends to bite a human or other animal, without being provoked; or, an animal that chases or approaches a human upon a public roadway or other public area in a threatening fashion; or, an animal demonstrating aggressive behavior, regardless of being situated on public or private property, which causes a human to take defensive or evasive action to avoid physical contact with the animal.
   POULTRY. Shall include the following: rabbits, hares, chickens, turkeys, guineas, geese, ducks or pigeons, and shall include every age and sex of each of the herein named.
   POUND. An establishment for the confinement of animals seized either under the provisions of this chapter or otherwise.
   PROVOCATION. A purposeful act that would reasonably cause an animal to bite, scratch or attack in protection of itself, owner or owner’s property. Entrance in any manner upon an area where an animal is properly under restraint in compliance with city ordinance is considered PROVOCATION, regardless of the purpose for such entrance.
   PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys or endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens and their enjoyment of life or property. The term includes, but is not limited to, any animal that:
      (1)   Is repeatedly at large or stray;
      (2)   Damages the property of anyone other than its owner;
      (3)   Molests or intimidates pedestrians or others in a public place;
      (4)   Chases vehicles or bicycles;
      (5)   Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other noises causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept;
      (6)   Causes fouling of the air by odor and by which creates unreasonable annoyance to others in close proximity to where the animal is kept;
      (7)   Causes unsanitary conditions in the area which the animal is kept;
      (8)   Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of animals maintained; or
      (9)   Attacks other animals.
   RATPROOF. A state of being constructed so as to effectively prevent entry of rats.
   RESTRAINT. A method by which a dog or other animal is secured by its owner or custodian. On the owner or custodian’s premises, RESTRAINT means that the animal must either be physically confined by a substantial fence of sufficient strength and height to prevent such dog or other animal from escaping therefrom; or by an electric fence sufficiently constructed and maintained to prevent such dog or other animal from escaping therefrom; or inside a house on such premises; or secured on such premises by a leash consisting of a material of sufficient strength to prevent such dog or other animal from escaping from such premises. Leashes must not allow the dog or other animal to get on or across or within eight feet of any sidewalk, street, public right-of-way, park, public land or public building when such leash is stretched to its full length. Outside the owner or custodian’s premises or on or within eight feet of a sidewalk, street, public right-of-way, park, public land or public building, RESTRAINT means that an animal is at all times secured by a leash or lead and under the physical control of a responsible person and obedient to that person’s commands.
   SANITARY. A condition of good order and cleanliness, which precludes the probability of disease transmission.
   VICIOUS ANIMAL. Any animal that attacks, bites or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning or training, has a known propensity to attack, bite, or injure human beings or domesticated animals; or an individual animal that is found to have a dangerous disposition and is likely to be harmful to humans or other animals.
(Prior Code, § 5-4-1) (Ord. 845, passed 6-16-2015)