ADEQUATE SHELTER: | Fortified commercial product or home built shelter that protects an animal from the elements, is properly ventilated to prevent suffocation, and is of a proper size to allow an animal to stand up, turn around, comfortably lay down, and move freely into and out of the structure. |
ANIMAL CONTROL OFFICER: | A person appointed by the Council, who is responsible for enforcing and administering and performing such duties as prescribed by the provisions and requirements contained in this chapter. The animal control officer will report to the Chief of Police or his designee. |
ANIMAL CONTROL SHELTER: | An animal control facility used to house any stray, confiscated, homeless, or abandoned animal. |
ASSISTANT TO ANIMAL CONTROL: | A full or part time employee who is responsible to the animal control officer who performs duties as assigned by the animal control officer, or his supervisors. |
BITE: | Seizure of a person with teeth or jaws of any cat, dog or other animal capable of transmitting rabies; so that the human or animal seized has been nipped, gripped, wounded, or pierced, or has had contact of animal saliva with a break or abrasion of the skin. |
CRUELTY: | Any act or omission whereby unjustifiable physical pain, suffering, or death of an animal is caused or permitted, including failure to provide proper drinking water, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. |
DANGEROUS ANIMAL: | Any individual dog which when either unmuzzled, unleashed, or unattended by its owner, or custodian, in a terrorizing or menacing manner, approaches any human being in a reasonably apparent attitude of attack upon any street, sidewalk, or other public place, or private property which is not owned by the owner of such animal. |
DOMESTIC ANIMAL: | Any dog, cat, domesticated sheep, horse, cow, goat, swine, fowl, duck, goose, turkey, confined domestic hare and rabbit, pheasant, and other birds and animals raised and/or maintained in confinement. |
ENCLOSURE: | A fence or structure of at least six feet (6') in height, designed to prevent the escape of a dog from said structure and the entry of any young children, and suitable to confine a dangerous dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the dangerous dog within the enclosure. Such fence must be in compliance with any other ordinance(s) regarding fences and adopted and made part of a code enforced by the City of Marion. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be capable of preventing the animal from escaping from the enclosure. If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked. A dangerous dog may be allowed to move about freely within the entire residence if it is muzzled at all times. |
EXTREME WEATHER: | Any weather that places an animal in danger of injury or death. Extreme weather can be classified as torrential downpours, ice and snow storms, dangerous wind chills and heat indexes, etc. When extreme weather comes into play, it will be to the discretion of the animal control officer as to if steps beyond standard owner responsibilities need to be taken to prevent injury and/or death to an animal based on characteristics of the breed in question, age of the animal, health of the animal, type of fur coat, etc. Animal control officers will also take into consideration the overall weather conditions, such as sunny vs. cloudy, strong winds vs. gentle breeze, etc. |
FERAL CAT: | A cat that is born in the wild or is the offspring of an owned or feral cat and is not socialized or a formerly owned cat that has been abandoned and is no longer socialized or lives on a farm. |
HAS BEEN BITTEN: | Having been seized with the teeth or jaws so that the human or animal seized has been nipped, gripped, wounded, pierced, or has had contact of animal saliva with a break or abrasion of the skin. |
IMPOUNDED: | The taking into custody by the animal control officer, the assistant to animal control, or a Marion police officer of any animal to be in violation of this chapter. |
LIVESTOCK: | Any ass, bison, calf, cattle, chicken, donkey, duck, fowl, goat, goose, sheep, swine, or turkey. |
OWNER: | Any person who has: A. A right or interest in an animal, B. Keeps or harbors an animal, C. Has an animal in his care or custody, or D. Who knowingly permits an animal to remain on or about any premises occupied by him without taking steps to remove said animal within three (3) days. |
PERSON: | Any individual, corporation, partnership, trust, society, or association. |
PHYSICAL INJURY: | The impairment of a physical condition. |
POLICE ANIMAL: | An animal owned or used by a Law Enforcement Department, Fire Department, or other enforcement agency in the course of the department s or agency s work. |
PUBLIC NUISANCE ANIMAL: | Any animal that unreasonably annoys or endangers the life or health of persons or other animals, or substantially interferes with the rights of persons, other than the owners of the animal, to enjoyment of life or property. The term public nuisance animal shall include, but not be limited to: A. Any animal that makes repeated, unreasonable, and disturbing noises, including, but not limited to, continued, repeated and excessive howling, barking, whining, or other utterances which cause unreasonable annoyance, disturbance or discomfort to neighbors or others of ordinary sensibilities who are in close proximity to the premises where the animal is kept or harbored;. B Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; C. Any animal that damages, soils, defiles or defecates on any property other than that of its owner. |
RUN AT LARGE: | To be free of any restraint, leash, cord, chain, or otherwise not in the control or custody of a person physically capable of restraining the animal when the animal is not upon the owner s premises. |
SERIOUS PHYSICAL INJURY: | Physical injury that creates a substantial risk of death, or that causes death, serious or protracted disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or plastic surgery. |
SERVICE ANIMAL: | Any guide dog, signal dog, or other animal specifically trained and certified to work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items. |
STRAY ANIMAL: | Any animal (dog or cat) running at large without a collar. |
TETHERING: | The practice of fastening a companion animal to a stationary object or stake, usually in the owner s backyard, as a means of keeping the animal under control. All tethers minimum ten feet (10'), and no more than one-eighth (1/8) the dog s weight. This term does not refer to the periods when the animal is walked on a leash. |
VICIOUS ANIMAL: | Any individual dog that: A. When unprovoked, inflicts a bite to a human being or any other animal whether on public or private property; B. Has a known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of any human being or domestic animal; C. Has a trait, or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment; D. Attacks a human being or domestic animal without provocation; or E. Has been found to be a dangerous dog upon three (3) separate occasions. (Ord. 3497, 3-7-2019; amd. Ord. 3902, - -2023) |