For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Dog or cat.
AT LARGE. Any animal shall be deemed to be AT LARGE when it is off its keeper’s real property and not restrained or controlled by a person.
CAT. All domesticated members of the genus Felis, male or female.
DOG. Includes all members of the Canidae family, male or female.
KENNEL. An owner is considered as operating a KENNEL, without regard to whether such person is holding animals for breeding, resale, training, sport or pleasure purposes when:
(1) The owner has five or more animals over the age of four months; and
(2) Those five or more animals are upon the same real estate. For the purpose of determining whether animals are upon the same real estate, all parcels and parts of parcels together with all adjacent parcels or parts of parcels of real estate over which the owner has or exercises any right to use or possession, shall collectively be considered as one parcel of real estate. Further, when more than one person is an owner of an animal by the terms of this subchapter, then real estate to which each of the other owners has or exercises a right to use and possession shall be considered as one parcel of real estate to the extent that the various parcels are adjacent.
OWNER.
(1) Any person or persons who individually or with some other person:
(a) Has any right of possession or control of an animal;
(b) Has an animal in his or her care or otherwise acts as an animal’s custodian;
(c) Knowingly permits an animal or animals to remain on or about any premises over which such person has any right of control; or
(d) Is further defined as an OWNER under and by reason of the attribution of ownership provided hereinafter.
(2) Attribution of ownership: A person who has or exercises any right to the use or possession of a parcel of real estate or a part of a parcel of real estate shall also be considered as an owner of each and every animal over which each and every other person is considered an owner as defined herein, when each such other person or persons has or exercises any right to the use or possession of the same parcel or the same part of a parcel of real estate, regardless whether such right or exercise of right is joint, subservient, permissive or dominant.
(3) By way of example, the rules in division (2) of this definition applied to a family of five, (husband, wife, three children) where each member of the family has a dog or cat, all at the same house, would result in each member of the household considered as the owner of five animals (his or hers plus the animal of each of the other persons).
PERSON. Any individual, corporation, the agent or employees of a corporation, partnership or joint venture, partners of a partnership, agents or employees of a partnership.
RESTRAINT. An animal off its owner’s premises is under RESTRAINT when:
(1) The animal is restrained by a line or leash no more than four feet in length and held by a person of sufficient age, size and ability to control the animal by the leash; if the animal is a dog, the leash should be attached to a choke chain of any material around the dog’s neck;
(2) An animal is on a training leash of 20 feet or less, controlled by a person carrying on a bona fide training session, or is tied to a stationary object, strong enough to hold and with a guard dog chain strong enough to hold the animal upon the premises so that the animal will not venture upon property of others;
(3) An animal is in a vehicle driven which does not permit the animal’s escape, or the animal is physically held by a person who is able to hold the animal so that it cannot escape from him or her. This definition does not authorize cruel confinement; or
(4) An animal is in a house or other structure.
(Prior Code, § 2-2-1) (Ord. 84-2-1, passed - -)