For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. Any animal left more than 48 hours without a person checking on the condition of the animal and/or providing food and water and any animal left on private property without the owner’s consent or deserted or dumped on public property or roadways.
ANIMAL. Any live or vertebrate creature.
ANIMAL CONTROL. The County Dog Authority, which is an authority made of cities in the county to control animals within city boundaries.
ANIMAL CONTROL AUTHORITY CHAIRPERSON. The person elected by the County Dog Authority to oversee its daily operation.
ANIMAL CONTROL OFFICER. Any person designated by the County Dog Authority who is qualified to perform such duties under the laws and ordinances of the commonwealth and the designated city. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purposes of this chapter only.
ANIMAL SHELTER. Any premises operated or approved for operation by the County Fiscal Court for the purposes of impounding and caring for animals held under the authority of this chapter.
CAT. Any member of the feline family, six months of age or over, male or female.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any person engaged in the business of breeding, buying or selling at retail or wholesale, any species of animal for profit.
DAY. A 24-hour period shall constitute a day.
DOG. Any member of the canine family, six months of age or over, male or female.
DOMESTIC ANIMAL. Such animals as are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed or harbored for use as a pet or source of food, raw materials or income.
EXOTIC ANIMAL. Any animal not indigenous to the United States.
FOWL/POULTRY. Any member, species or subspecies of the domesticated or wild fowl or poultry, including chickens, turkeys, geese, ducks, ostriches, game birds and waterfowl.
HUMANE SOCIETY. Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
IMPOUNDED. Having been received into the custody of the County Dog Authority or any authorized representative thereof.
LIVESTOCK. Cattle, sheep, swine, goats, horses or any other animals of the bovine, opine, porcine, cupreine or equine species.
OWNER. Any person, corporation or other entity owning, keeping, harboring or sheltering one or more animals.
PERSON. All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies and other entities.
PET. Domesticated animal kept for pleasure rather than utility.
PUBLIC NUISANCE. Any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly at large;
(5) Makes noise in an excessive, continuous or untimely fashion; and/or
(6) Repeatedly urinates or defecates on property not belonging to the animal’s owner or creates unsanitary conditions.
VICIOUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has resulted in serious bodily harm;
(2) Any animal, which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(3) Any animal with a known propensity , tendency or disposition to unprovoked attacks which caused injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites multiple times to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals;
(6) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(7) An animal shall not be deemed vicious solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner;
2. Any person or animal who has tormented or abused it;
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person.
(`96 Code, § 90.01) (Ord. 1995-17, passed 11-9-1995; Am. Ord. 2002-5, passed 4-11-2002; Am. Ord. 2011-1, passed 3-10-2011)