For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The voluntary relinquishment of possession of an animal by the owner without vesting possession of the animal in any other person. The failure to make adequate provision for food, water and shelter shall be prima facie evidence of ABANDONMENT.
AGENT. Any person(s) 18 years or older authorized by an owner to act in the owner’s behalf.
ANIMAL CONTROL OFFICER. Any individual employed, contracted or appointed by the County Commissioners for the purpose of aiding in the enforcement of these provisions relating to the licensing or tagging of animals, control of animals or seizure and impoundment of animals.
ANIMAL SHELTER. Any facility operated by the county for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption or euthanasia.
AT LARGE. Any animal that is not under control of the owner or other person by leash, cord, fence, chain or other device of physical restraint, an electronic “invisible” fence or any person who has the ability to control animal by voice command. This term does not include animals under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet store, DVM, boarding facility or grooming facility.
CONFINEMENT. Limited or restricted within the bounds of the real property of the animal’s owner or agent.
DANGEROUS DOG. A dog that, without provocation, and subject to the exclusion set forth below, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fence yard or other locked enclosure which has a top. DANGEROUS DOG does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
DOMESTIC ANIMAL. An animal that is not wild. The term is limited to dogs and cats.
EXPOSED TO RABIES. Any human or non-human warm-blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies.
FRESH PURSUIT. The immediate following of an animal that is found to be at large and not on the owner’s property.
GUARD DOG. Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.
HARBORING. The actions of any person that permits any animal habitually to remain or lodge or to be fed within his or her premises on which such person resides or controls. An animal shall be presumed HARBORED if it is sheltered for three consecutive days. For the purpose of this chapter, this definition is referring only to those animals falling under the responsibilities and duties of the county’s Animal Control Department and is not intended to include bird feeders and other wildlife or livestock accommodations regulated by other state and county agencies.
KEEPERS. Veterinarians and operators of kennels, pet shops or boarding kennels temporarily keeping animals owned by or held for sale to other persons.
KENNEL. Any premises or portion thereof on which more than four dogs over six months or ages are kept, or on which more than two such animals are maintained, boarded, bred or cared for in return for remuneration or kept for the purpose of sale.
KENNEL OPERATOR. A person who owns and/or operates a kennel.
LICENSING AUTHORITY. Any authority deemed appropriate by the County Commissioners.
MENACING FASHION. A dog that would cause any person being chased or approached to reasonably believe that the dog could cause physical injury to that person.
OWNER. Any person, partnership or corporation owning, keeping or harboring one or more animals. Any animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.
PERSON. Any individual, firm association, joint stock company, syndicate, partnership or corporation.
PET or COMPANION ANIMAL. Any dog or cat kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
PIT BULL DOG. Any dog known as a Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier or American Bull breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of these named breeds as to be identifiable as partially of such breed, as determined by a qualified veterinarian duly licensed as such by the state.
POLICE DOG. A dog that has been trained and is used to assist one or more law enforcement officers in the performance of their official duties.
PUBLIC NUISANCE. Any dog or dogs that, unprovoked, unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE shall mean and include, but is not limited to, any dog that, unprovoked:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking or other utterance causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored; or
(5) Attacks other animals.
RESTRAINT. Any animals secured by a leash or lead under the control of a responsible person, or within the real property limits of its owner or hunting dogs while actively engaged in the purpose for which said dog has been trained.
RUNNING IN PACK. Three or more animals at large together, which by repeated or continual presence constitutes a physical danger to a neighborhood, livestock or personal or real property. RUNNING IN PACK shall not include animals under the reasonable control of some person or when engaged in lawful hunting accompanied by the owner or custodian.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner.
VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS DOG.
(1) A dog that, without provocation and subject to the exclusion set forth below meets any of the following:
(a) It has killed or caused serious injury to any person;
(b) It has caused injury or has killed another animal; or
(c) Belongs to a breed that is commonly known as a pit bull dog; the ownership, keeping or harboring of such a breed shall be prima facie evidence of the ownership, keeping or harboring of a VICIOUS DOG.
(2) VICIOUS DOG does not include either of the following:
(a) A police dog that has killed or caused serious injury to any person or that has caused injury other than killing or serious injury to any person which the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; or
(b) A dog that has killed or caused injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
WILD DOG. Any living member of the animal kingdom, including those dogs born or raised in captivity, except the following types of dogs: Domestic dogs, excluding hybrids with wolves, coyotes or jackals.
WITHOUT PROVOCATION. A dog not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. 2005-5-2, passed 5-2-2005)