For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The releasing of a dog, cat or other animal within the city under circumstances where the dog, cat or other animal is thereafter found unleashed or otherwise unattended or unrestrained in the city. The failure of a person required by this chapter to pay any fee in connection with the restraint or impoundment of any dog, cat or other animal thus resulting in the dog, cat or other animal remaining at the place of restraint or impoundment shall be deemed abandonment. Circumstances amounting to a charge of running at large if occurring at a frequency more than two times in any 90-day period shall be deemed abandonment.
ALTERED MALE. Any male animal that has been operated on to prevent it from procreating.
ANIMAL CONTROL OFFICER. The police or the person appointed by the City Council to perform all general duties and functions of animal control and poundmaster, together with those specifically designated in this chapter or otherwise in the city code.
AT LARGE. When running at will beyond the control or call, acting on its own initiative without connection, physical or sympathetic, with its master.
CATTERY. Any person, group of persons or a corporation engaged in the keeping of cats or the business of breeding, buying, selling or boarding cats.
CONFINED. Restriction of an animal at all times by the owner, or his or her agent, to an escape- proof building or other enclosure, away from other animals and the public.
HAS BITTEN. Has seized with the teeth or jaws so that the skin of the person or animal seized has been nipped or gripped, or has been wounded or pierced, including but not limited to scratches, and including but not limited to probable contact of saliva with a break or abrasion of the skin as determined by a licensed physician. The term shall also include but not me limited to contact of saliva with any mucous membrane.
KENNEL. An establishment wherein any person is engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs. The exercise by the Animal Control Officer of the duties of the office shall not be construed a kennel.
OWN. To keep, harbor or have control, charge or custody of a dog, cat or other animal. This term shall not apply to dogs, cats or other animals owned by others which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of less than 30 days.
OWNER. Any person keeping, harboring or having charge or control of, or permitting any dog, cat or other animal to habitually be or remain on, or be lodged or fed within such person's house, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises dogs, cats or other animals owned by others for a period of less than 30 days.
PUBLIC NUISANCES. The following are hereby declared public nuisances: the keeping of a dog:
(1) Disposed to unreasonable barking;
(2) Which trespasses upon the private property of others;
(3) Which has bitten or attacked a person or other animal;
(4) Which soils, defiles or defecates on private or public property;
(5) Which molests passersby or passing vehicles; or
(6) Which is abandoned in the city.
SPAYED FEMALE. Any female animal which has been operated on to prevent conception.
UNREASONABLE BARKING. The written complaint of five or more persons, residents of the city, alleging that the barking of a dog or dogs is unreasonable shall be deemed prima facie evidence of the public nuisance of unreasonable barking, but a lesser number or a single complaint shall be adequate basis for prosecution.
VICIOUS DOG.
(1) A dog that, without provocation and subject to division (2) 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;
(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 owner 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, or a dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a criminal offense directly against the owner, keeper or harborer. 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.
(Prior Code, § 5.01)