For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any live, vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER (ST. CLAIR COUNTY ANIMAL CONTROL). Any person designated by the city to enforce this chapter and applicable state law.
ANIMAL SHELTER. Any facility operated by a humane society or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
AUCTION. Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, riding school or stable, laboratory, zoological park, circus, performing animal exhibition or kennel.
FARM ANIMAL. Any livestock, horse, swine, cattle, sheep, goat, llama, duck, chicken, turkey or rabbit. FARM ANIMAL also means any other animal, other than a dog or cat, raised for commercial profit or slaughter.
GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
HARBORING OR HAVING CUSTODY OR CONTROL OF AN ANIMAL. Feeding, sheltering or allowing an animal to remain on the premises for 3 or more consecutive days. Allowing an animal to remain on the premises shall include acquiescing in its remaining on the premises. Such allowance or acquiescence shall include the failure of an occupant of the premises to contact the animal control officer to require the removal of the animal within the 3-day period.
KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling more than 3 dogs or 3 cats or a combination of both not totaling more than 3.
OWNER. Any person, partnership, corporation or other business entity owning, keeping or harboring or having custody or control of an animal.
PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act or event other than circuses, in which performing animals are used.
PERSON. Any person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any person, partnership, corporation or other business entity, whether operated separately or in connection with another business enterprise except for a licensed kennel, that buys, sells or boards any species of animal.
PUBLIC NUISANCE. An owner’s failure to remove animal waste from the property of others or the existence of malodorous or offensive waste conditions on the owner’s premises or any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds;
(4) Is at large;
(5) Damages private or public property;
(6) Barks, whines, howls or makes any noise in an excessive continuous, or untimely fashion; and
(7) Is defined as vicious by this chapter or state law.
RESTRAINT OF ANIMAL. Secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its owner.
SHOW DOG or ANIMAL. Any dog or animal that is pedigreed and has appeared in at least 1 competitive show in the preceding year.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS ANIMAL. Any fierce or dangerous animal that constitutes a physical threat to human beings or other animals.
VICIOUS DOG. Any dog which, when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or any dog which because of its size, physical nature, or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter.
WILD ANIMAL. Any live animal which is generally not bred by humans except in zoological, laboratory or similar settings including the following:
(1) Any non-human primate, including but not limited to animals commonly known as monkeys, chimpanzees, orangutans, gorillas, gibbons, apes, baboon, marmosets, tamarins, lemurs, lorises and galagos;
(2) Alligator (family);
(3) Badger;
(4) Bear;
(5) Bison;
(6) Bird (wild);
(7) Cat (wild family) including but not limited to cougars, cheetahs, jaguars and tigers;
(8) Coyote;
(9) Deer;
(10) Dog (wild family);
(11) Dog-wolf;
(12) Elephant;
(13) Ferret;
(14) Insects of the venomous type;
(15) Lizard (poisonous);
(16) Martin;
(17) Opossum (family);
(18) Ostrich;
(19) Raccoon;
(20) Skunk;
(21) Snakes of the venomous, constrictor or dangerous type;
(22) Spiders (poisonous);
(23) Weasel (family); and
(24) Any other animal or fish which a person is prohibited from possessing by state or federal law.
ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting 1 or more species of non-domesticated animals operated by a person, partnership, corporation, other business entity or government agency.
(Prior Code, § 6-2) (Ord. 91-8, passed 10-7-1991)