For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To desert an animal or to leave the animal permanently in a place without provisions or adequate long-term care of the animal, to voluntary relinquish possession of an animal with the intention to terminate ownership of the animal without transferring its ownership to any other person.
ADEQUATE FOOD. Food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal. The animal shall be fed or have food available at least once a day, unless a licensed veterinarian instructs otherwise.
ADEQUATE SHELTER. A leak-proof structure with three sides and a roof and a floor.
ADEQUATE WATER. The continual access to a supply of clean, unfrozen water provided in a sanitary manner suitable for the species, condition and age of the animal in sufficient amounts to maintain good health in the animal.
ADEQUATE VENTILATION. Fresh air sufficient to provide for the health of an animal.
ANIMAL. Any live, non-human, vertebrate creature (i.e. mammal, reptile, aquatic, amphibian, avian.)
ANIMAL CONTROL OFFICER. Any person employed by the county and authorized to perform the duties required by this chapter and any other state of federal law.
ANIMAL CRUELTY. An intentional or malicious act(s) whereby unnecessary or unjustifiable pain, suffering or death is caused.
ANIMAL SHELTER. Any facility operated by or under contract with the county or a municipal corporation for the purpose of impounding or caring for animals held pursuant to this chapter, a court order of any other applicable law. The term shall also include any agent or employee of such a facility.
AT LARGE ANIMAL. Any animal not on the premises of its owner or not under the reasonable control of a competent human being. This term shall not include any dog engaged in lawful hunting activities in the company of its owner or custodian.
COLONY. A group of one or more feral cats, whether unmanaged or managed.
COLONY CARETAKER. An authorized person who provides food and water for feral cats in a registered colony.
COMPETENT PERSON. As referenced herein means a person possessing the ability and proficiency to identify when an animal is in danger and/or exhibiting signs of suffering or distress, as well as the ability to adequately intervene. A person physically and verbally capable to control an animal.
DOG. Includes of the canis familiaris species, and hybrids of a canis familiaris and any other member of the canis genus, including wolves.
DOMESTIC ANIMAL. Dog, cat, ferret or any other small animal such as guinea pig, lizard, hamster, mouse or snake, which may normally be held or maintained as a pet.
DUMPING. To deposit or dispose of unwanted animals in a careless, neglectful or hurried way, alive or deceased.
EXOTIC ANIMALS. Animals not otherwise defined in this chapter. The term includes animals not commonly used as domestic pets or livestock and not native to the North American continent.
EXPOSED TO RABIES. An animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.
FERAL CAT. Any cat that has no apparent owner or identification and is wild, untamed, not socialized, unmanageable and unable to be approached or handled.
FOWL. Game fowl or land fowl (chickens, turkey and guinea) and water fowl (duck, goose, and swan) but not limited to.
HARBOR. To permit to remain at large, to keep, to feed, to shelter or care for an animal within or upon a person's property or property under a person's control. An animal that is fed or sheltered for three consecutive days by a person within or upon their home, enclosure, yard or place of business, or upon any premises under a person's control, is presumed to be harbored by that person.
HENNEKE HORSE BODY CONDITION SCORING SYSTEM. A numerical scale used to evaluate the amount of fat on a horse's body. It is a standardized system that can be used across all breeds without specialized equipment, condition is assessed visually and by palpation, scores range from 1 (poor) to 9 (extremely fat) ideal range being 4 to 6 as a whole.
HUMANE TRAP. Any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an Animal Control Officer or other officer empowered to act by law and transporting it to an Animal Control Facility.
KENNEL.
(1) Property or a facility which:
(a) A person owns, keeps boards, or harbors six or more dogs, cats, 12 weeks or age or older;
(b) Produces two or more litters per year issuing from dog or cat owned, kept or harbored therein; or
(c) Offers for sale dogs or cats from two litters or more issuing from dogs or cats owned, kept or harbored therein.
(2) The term does not apply to animal shelters, veterinary hospitals not engaged in commercial boarding or breeding and groomers not engaged in commercial boarding or breeding.
LIVESTOCK ANIMALS. Includes rabbits, bovine, equine, swine, llamas, alpacas, sheep, goats, poultry/fowl/bird and any other four-legged animal excluding dogs and cats.
NEGLECT. The failure of a person to provide an animal owned or harbored by that person with sufficient and wholesome food, water, shelter and reasonable care including veterinary treatment, necessary to prevent suffering of the animal.
OWNER. Any person who owns, has ownership or custody rights of an animal, firm association, cooperative, partnership, company or corporation. Persons shall not be deemed to own or be owners of such animals until 30 days has passed with proper advertising (i.e. newspaper, flyers and social media). The Animal Shelter and animal rescues under the authority of an Animal Control Officer are exempt of the 30 days and require a three- to five-day hold.
PERSON. Any human being, firm, association, cooperative, partnership, company or corporation.
PROTECTION FROM THE WEATHER. Shade from the sun and a heat/warming source for the cold.
POULTRY. Any domesticated bird kept for eggs or meat.
PUBLIC NUISANCE. Any animal, other than domestic livestock, that molests, harasses or threatens persons or vehicles, attacks persons or animals, damages public or private property, causes significant discomfort to or an unacceptable and excessive annoyance to persons to the extent it interferes with their peaceful enjoyment of private or public property, unless engaged in lawful hunting, so as to disrupt the peace and quiet of the public.
RUNNING AT LARGE. Any animal that leave or strays from that land owned, rented or leased by the owner or possessor of the animal.
SPACE (ADEQUATE). Any area in which an animal is confined should be suitable for the animal's species, size, age and breed, allowing to turn about freely, stand, sit, lie and move comfortably and in a normal position. Sick and injured animals should be confined as directed by the veterinarian.
TUFTS ANIMAL CARE AND CONDITION SCALES (TACC). Scales developed for the use of veterinarians, animal control officers, police and cruelty investigators by Tufts Center for Animals and public policy for the purpose of assessing body condition, weather and environment safety and physical care in animals.
UNSANITARY CONDITIONS. Animal housing or quarters, including exercise areas, that are contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animals health, including but not limited to:
(1) Excessive animal waste, garbage, trash;
(2) Standing water or mud;
(3) Rancid/contaminated food or water;
(4) Fumes, foul or noxious odor, air, hazardous chemical or poisons;
(5) Decaying material;
(6) Uncontrolled parasites or rodent infestation; or
(7) Area that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal.
VETERINARY CARE (ADEQUATE). Care provided under the direction of a licensed veterinarian and includes medical care to maintain an animal's health and prevent unnecessary suffering. Adequate care is based on age, species and breed and the potential for a disease or condition to spread to other animals or humans, including but not limited to:
(1) Ongoing infections;
(2) Infestation of parasites;
(3) Any disease; or
(4) Medical condition or injury where withholding or neglecting to provide such care would
endanger the health or welfare of the animal.
VETERINARIAN. A person licensed to practice veterinary medicine in the state or U.S.
VICIOUS ANIMAL. Any animal that attacks, bites or injures human beings, pets, companion animals or livestock or which, because of temperament, conditioning or training, has a known propensity to attack, bite or injure a human being, pets, companion animals or livestock. No dog may be declared vicious if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. The definition shall not be construed to include dogs that are part or a governmental organization or a trained guard dog in performance of its duties.
WILD ANIMAL. Any animal whose species usually lives in the wild or is not domesticated.
(Ord. 2019-13, passed 12-19-2019)