§ 94.003  DEFINITIONS.
   For the purposes of this chapter, the following words and phrases shall have the meaning respectively, ascribed to them by this section. Whenever the singular tense is used, the term shall be deemed to include the plural; the masculine gender shall be deemed to include female; and vice versa. Words used in the present tense include the future and the word SHALL is mandatory, not directory.
   ANIMAL. Any live, vertebrate creature, domestic or wild.
   ANIMAL AT LARGE or STRAY. Any animal off the premises of his or her owner and not under restraint, or any animal within the town wandering lost which does not have an owner.
   ANIMAL CONTROL OFFICER. Any person designated as such to perform the duties described by this chapter.
   ANIMAL SHELTER. Any facility designated by the Town Council for the purpose of impounding or caring for animals under authority of this chapter.
   DOMESTICATED ANIMAL. Any animal kept, cared for, sheltered, fed or harbored for the use as a pet, work or as a source of food, raw materials or income, including, but not limited to cats, cows, dogs, fowl, horses, sheep and domesticated wild animals; except, however, that this definition is not intended to include hogs or pigs so as to permit the keeping, maintenance or housing of such swine within the corporate limits of the town.
   KENNEL. A commercial establishment wherein any person, for profit buys, sells, boards, breeds, lets for hire, or trains, for a fee, dogs. This shall not include the ownership of dogs which are part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition or the guarding or protection of the owner's property when no more than 5 dogs per year are sold by such owner .
   OWNER. Any person, group of persons, firm partnership, or corporation, owning, keeping, harboring, possessing, or acting as custodian of an animal. An animal shall be deemed to be harbored if it is fed or sheltered for 3 consecutive days or more.
   PET. A domesticated animal kept for pleasure rather than utility pets include, but are not limited to birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with man's environment.
   PUBLIC NUISANCE. Any animal or group of animals which:
      (1)   Is repeatedly found at large;
      (2)   Damages the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables;
      (3)   Is a vicious animal;
      (4)   Causes fouling of the air by odors;
      (5)   Causes unsanitary condition of enclosures or surroundings;
      (6)   By virtue of number or type is offensive or dangerous to the public health, safety, or welfare;
      (7)   Barks, whines or howls in an excessive, continuous or untimely fashion;
      (8)   Is diseased and dangerous to the public health;
      (9)   Habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicyclists or vehicles; or
      (10)   Runs at large while in heat.
   VICIOUS ANIMAL. Any animal which constitutes a physical threat to human beings or other animals by virtue of attacks of such number and severity as to cause property damage or physical injury.
   WILD ANIMAL. Any live monkey (non-human primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warmblooded animal which can normally be found in the wild state.
(Ord. 121, passed 11-11-1993)