As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED OR STRAYED: An animal whose owner cannot be immediately identified through reasonable diligence.
ADEQUATE HOME: Existing facilities to meet the physical and emotional needs of the adopted animal, including food, water, shelter, medical care, protection from extreme weather conditions and companionship.
ADOPTABLE: Those animals six (6) weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of disease, injury, congenital/hereditary defect or behavioral condition that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet. Animals exhibiting any of the above mentioned conditions may become adoptable through medical treatment or rehabilitation.
ANIMAL CONTROL OFFICER: The director, peace officers and other employees and volunteers of the public safety department who have been designated by the director to perform the duties of animal control officers and who have been authorized to enforce the provisions of this title.
ANIMAL SHELTER: The Ivins City municipal animal shelter and adoption center (the "animal shelter" or "shelter") is used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domesticated animals from Ivins City, except as follows:
(1) The shelter may assist neighboring jurisdictions, at the approval of the director during times of disaster and/or exigent circumstances in placing animals in safe environments, including the shelter if space is available, and in attempting to find foster homes for such animals.
(2) The shelter may take animals from relinquishing owners living in neighboring jurisdictions if all of the following are met:
(a) The owner pays twice the fee charged to Ivins City residents;
(b) The animal is spayed or neutered;
(c) The animal has complete current vaccinations, including bordatella;
(d) The animal is in good health and adoptable; and
(e) At the discretion of the shelter manager.
(3) The shelter may also engage in cooperative efforts with other shelters and qualified rescue groups in placing animals for adoption or foster care.
AT LARGE: All wild animals and any livestock or domesticated animals off the premises of the owner or custodian of the animal and not under immediate control of the owner or custodian are considered at large. In the case of a dog, "immediate control" shall mean on a leash, or confined within a vehicle or pet carrier/cage.
BITE: An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
CATTERY: An establishment for boarding, breeding, buying, grooming or selling cats for profit.
COMMERCIAL KENNEL: Any premises or establishment where four (4) or more dogs, older than four (4) months, are kept for the purpose of boarding, breeding, raising or training dogs for a fee or on a nonprofit or commercial basis.
DIRECTOR: The Ivins City public safety director.
DISPOSITION: The adoption, transfer, owner return or euthanasia of an animal.
DIVISION: The division of animal control which is within the public safety department.
DOMESTICATED ANIMALS: Animals accustomed to living in or about the habitation of man that are not included in the definition of "livestock" or "wild animals".
FERAL CAT: A cat usually born in the wild with no human contact before four (4) to six (6) weeks of age, and/or a cat without owner identification of any kind whose usual and consistent temperament is extreme fear of and resistance to contact with people.
GROOMING SALON: Any establishment maintained for the purpose of offering cosmetic services for animals for profit.
LIVESTOCK: Cattle, domesticated elk, bison, sheep, swine, goats, poultry, llamas, horses, mules, or other equines.
NONREHABILITATABLE: Animals that are neither adoptable nor treatable, vicious animals, or animals for whom euthanasia would be the most humane alternative due to disease, injury or suffering that cannot reasonably be alleviated.
PET SHOP: Any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds or other pets for sale are kept or displayed.
PROVOCATION: Any deliberate act by a person toward a dog or other animal done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog or other animal; provided, however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered provocation.
QUALIFIED RESCUE ORGANIZATION: A nonprofit, as defined in section 501(c)(3) of the internal revenue code. An organization founded to rescue homeless pets. The organization must have the ability to provide reasonable care, medical care, rehabilitation, lifetime care, and/or the possibility of future adoption.
QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
REHABILITATABLE: Those animals six (6) weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested signs of behavioral or temperamental challenges may be retrained by a qualified rescue organization/trainer and may be adopted with signed waiver/disclosure or transferred to a qualified rescue organization.
RESPONSIBLE ADULT: A person eighteen (18) years of age or older, who is employed or otherwise capable of providing the physical, medical and emotional needs of the adopted animal. A person found guilty or who pled no contest to violating the provisions of this title or any other federal, state or local law concerning the abuse of or cruelty to animals, within five (5) years of the animal adoption application, is not a "responsible adult" for the purposes of this title.
REVIEW PANEL: The review panel shall be made up of the director, animal control officer/shelter manager, Friends of Ivins Animal Shelter (FIAS) president or other designated FIAS representative, or any other person(s) requested by the director who may have specific knowledge/training to assist the panel in making decisions regarding animals. The director shall make the final determination as to the disposition in each case.
RIDING SCHOOL OR STABLE: An establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro, or which offers such animals for hire.
TREATABLE: Any dog or cat that is not adoptable but that could become adoptable with reasonable efforts.
VICIOUS ANIMAL: Any animal which has bitten a person or other animal without provocation, or has a known propensity to attack or bite human beings or other animals, or approaches any person upon the streets, sidewalks or any public grounds or place in a threatening and terrorizing manner in an apparent attitude of attack.
WILD ANIMAL: Any animal that is not livestock or a domesticated animal and shall specifically include, no matter how domesticated: all alligators and crocodiles; all bears; all cats other than the commonly accepted domesticated cats, including, but not limited to, cheetah, leopard, lion, lynx, panther, cougar, mountain lion, bobcat, and tiger; all dogs other than domesticated dogs, including, but not limited to, wolf, part wolf, fox, part fox, coyote, and part coyote; all porcupines; all nonhuman primates; all raccoons; all skunks; all venomous fish and piranha; all venomous snakes and lizards; and all weasels other than ferrets. (Ord. 2010-07, 2010)