For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
ABANDONED: An owner or caregiver has forsaken an animal entirely, or has neglected or refused to provide care and support of the animal.
ADEQUATE LEASH: No more than six feet (6') in length and a tensile strength adequate to restrain the animal.
ADULT: A person who has reached the age of eighteen (18) years.
ANIMAL CONTROL OFFICER: Any person employed or appointed by the City, including a Nyssa City police officer and/or a Nyssa City ordinance control officer who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with Oregon law and this chapter.
AT LARGE: Off the premises of the owner or person having control, custody or possession of the dog while the dog is not under the complete control of the owner or person by adequate leash. However, a dog in obedience or field training exercise under the direct supervision of a handler shall not be considered to be "at large".
CAREGIVER: Any person who provides food, water or shelter to, or otherwise cares for, an animal.
CAT: A member of the species Felis catus.
DANGEROUS OR VICIOUS DOG: A. Any dog that has bitten or attacked any person or has attempted to bite or attack any person. A dog shall be deemed to be attempting to attack if it is restrained by a leash, fence or other means, and it is clear from the dog's excited actions that only the presence of the leash, fence, or other means of restraint is preventing the dog from making an immediate attack; or
B. Any dog with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of, domestic animals; or any dog which attacks a domestic animal without provocation and without justification; or
C. Any dog, whether leashed or not, which, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public or private grounds or places; or
D. Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting; or
E. Any dog owned or harbored on property known for drug trafficking or gang activity and shows an aggressive temperament; or
F. Any dog which is kept with the intention of using its size, manner, disposition or breeding to instill fear in others; or any dog, which is bred for the purpose of fighting.
DOMESTICATED CAT: A cat that is socialized to humans and is appropriate as a companion for humans.
DOMESTICATED FOWL: All birds commonly raised for meat or eggs.
EAR TIPPING: Straight line cutting of the tip of the left ear of an animal while the animal anesthetized.
EXOTIC ANIMAL: Any lion, tiger, leopard, cheetah, ocelot or any other cat not indigenous to Oregon, except the species Felis catus (domestic cat); any monkey, ape, gorilla or other nonhuman primate; any wolf or any canine not indigenous to Oregon, except the species Canis familiaris (domestic dog); and any bear.
FIERCE ANIMAL OR VICIOUS ANIMAL: A. Any other animal, including dogs, that, without intentional provocation, bites or attacks humans or other animals; or in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated. This behavior may include, but not be limited to, baring of the teeth, growling, barking, charging, stomping and bristling of the fur.
B. A vicious animal is "unconfined" if such animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person.
C. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than two feet (2'). Said pen or structure shall be sufficiently secure to keep other persons from releasing the enclosed animal.
KENNEL: An establishment or business for the boarding, breeding, or exhibition of dogs.
LIVESTOCK: Ratites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl and any furbearing animal bred and maintained commercially or otherwise.
MUNICIPAL JUDGE: Malheur County justice of the peace and/or Nyssa city municipal judge.
NUISANCE: Disturbing the peace by: a) habitually or continually howling, crying or screaming; or b) the habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER: Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
RESCUE GROUP: A for profit or not for profit entity, or a collaboration of individuals with at least one of its purposes being the adoption or placement of animals in homes with humans to serve as companion animals.
STRAY CAT: A cat that is regularly off the property of the owner, is not under the physical control and restraint of the owner and is not regularly provided with food by its owner.
SUITABLE SHELTER: Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the animal.
TNR: Trap, neuter and return.
ZOONOTIC DISEASE: Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases. (Ord. 630-10, 1-11-2011; amd. 2014 Code)