§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABUSE. Any intentional, willful or negligent conduct resulting in bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematomas, soft tissue swelling or death.
   ALLOW. To forbear or neglect to restrain or prevent, regardless of intent or participation.
   ALTERED. An animal which is sterilized by removal of sexual organs (testicles or ovaries). May also be referred to as NEUTERED or SPAYED.
   ANIMAL. A mammal, bird, reptile, fish or amphibian.
   ANIMAL CONTROL OFFICER. Any person(s) employed by the city to administer and enforce the licensing, inspection and enforcement requirements contained in this chapter.
   ANIMAL NUISANCE. Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.
   AT HEEL. A dog being next to a person (not more than a foot away in any direction) and obedient to that person’s command.
   AT LARGE. An animal that is off the premises of the owner and not on a leash ten feet or less in length, or not confined in a motor vehicle.
   COMMERCIAL ANIMAL ESTABLISHMENT. Any place of business for the care of animals, including, but not limited to, the boarding, grooming, breeding, training or selling of animals.
   CRUELTY.
      (1)   Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including, but not limited to, failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity.
      (2)   In case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination and animal training and hunting, CRUELTY shall mean a failure to employ the most humane method reasonably available.
   CUSTODIAN. Any person having custodial care of an animal by his or her choice, or at the request of, or with the consent of, the owner of the animal, including, but not limited to, the parent(s) or guardian(s) of a minor child.
   DANGEROUS ANIMAL.
      (1)   Any animal:
         (a)   Which, when unprovoked by teasing, taunting or a threatening manner by any person, approaches said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums or townhouse developments or private property not solely owned or possessed by the owner or custodian of the animal;
         (b)   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 livestock;
         (c)   Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal or livestock without justifiable provocation;
         (d)   Owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
         (e)   Which has been trained as an attack animal, except dogs used by law enforcement agencies.
      (2)   An animal will not be considered DANGEROUS if it engages in any of the above listed actions toward a person or animal that is either:
         (a)   Committing a trespass or other tort upon the premises of the animal’s owner or custodian; or
         (b)   Committing a crime against the animal’s owner or custodian. An animal will not be considered DANGEROUS if any of the above actions occur when the animal is being teased, tormented or abused, or if the actions were in reaction to either a crime committed by a person or an attempt by the person to commit a crime.
   DESIGNATED PROVIDER. Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
   DISPOSITION.
      (1)   Adoption, quarantine, voluntary or involuntary custodianship or placement or euthanasia humanely administered to an animal.
      (2)   DISPOSITION includes placement for sale of an animal to the general public or removal of an animal from any pet shop to another location.
   HUMANE TRAP. A trap that is either designed to capture an animal alive and unharmed to be relocated or a trap designed to kill that does so quickly and without undue suffering to the animal such as mice and garden pests described herein.
   IMPOUNDMENT. The taking into custody of an animal by any person, police officer, animal control officer or other authorized representative thereof.
   LIVESTOCK. Cows, sheep, horses, goats, pigs, hogs, llamas, donkeys, burros and mules or any other similar animals whose mature size is approximately that of those set out herein.
   MISUSE. The willful or intentional causing of an animal to perform non-customary tasks, excepting those tasks and actions required of dogs used by law enforcement agencies, which could be dangerous or harmful to the animal or any person.
   MULTIPLE-ANIMAL HOUSING. Any premises or portion thereof where three or more dogs or more than five cats, over the age of three months are kept or harbored solely for the hobby of the owner or tenant of the premises without any pecuniary gain.
   MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting a person or other animal.
   OWNER. Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over or having property rights to, any animal for five or more consecutive days, or whose child, or other person over whom guardianship is exercised, who resides with said person, so harbors or keeps an animal.
   PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans, endangers the life or health of a person or another animal or substantially interferes with the rights of a person, other than its owner or custodian, to enjoyment of life or property.
(Ord. 651, passed 6-3-2015)