§ 90.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE FOOD. The provision in a sanitary manner at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal.
   ADEQUATE SHELTER. A shelter or containment area that:
      (1)   Will keep a non-aquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature and level that is healthful for the animal;
      (2)   Is free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris;
      (3)   Provides a suitable method of drainage to eliminate accumulating excess water or moisture; and
      (4)   As applied to aquatic or semi-aquatic animals, a containment area that has an adequate amount of clean water to enable the animal to move about.
   ADEQUATE WATER. A constant access to a supply of clean, fresh water provided in a sanitary manner. In near or below freezing temperatures, containers must be non-metallic.
   ANIMAL. Any live, vertebrate creature specifically including but not limited to dogs, cats, livestock, birds, fish, and reptiles.
   ANIMAL SHELTER. A place provided and operated by the county directly or by contractual agreement, whether jointly with other governmental agencies or independently, for the restraint, care, adoption, and disposition of animals.
   ADMINISTRATOR. The animal control officer or any other person designated by the Town Board to perform the responsibilities assigned by this chapter to the Administrator.
   COMPETENT PERSON. A person of suitable age who is physically and mentally capable of keeping an animal under sufficient restrain and control in order to prevent harm to the animal and to persons and other animals.
   CRUEL TREATMENT. Every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted. Such acts or omissions shall include, but not be limited to, beating, kicking, hanging, submerging under water, suffocating, poisoning, setting on fire, and depriving of food, water, exercise and medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. Such terms, however, shall not be construed to include lawful taking of animals under the jurisdiction and regulations of the Wildlife Resources Commission and lawful activities for sport.
   DOMESTIC ANIMAL. A domesticated or tame animal that is kept principally as a pet. Livestock and wild animals shall not be regarded as DOMESTIC ANIMALS.
   EXPOSED TO RABIES. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or otherwise come into contact with, any animal known to suspected to have been infected with rabies.
   HARBOR. An animal shall be deemed to be harbored if it is fed or sheltered by the same person or household for 72 consecutive hours or more.
   KEEPER. A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person.
   LEASH-FREE AREA. An area of town-owned property within the town limits designated by the Town Board upon which animals may be permitted to go free from physical restraint.
   LIVESTOCK. Horses, mules, cows, pigs, goats, sheep, fowl (such as chickens, ducks, turkeys, and the like), rabbits, and all other animals that typically are kept primarily for productive or useful purposes rather than as pets. All rabbits and domestic fowl, including but not limited to chicken, ducks, turkeys, geese and guineas are considered LIVESTOCK, regardless of whether the birds are kept primarily as pets or for productive purposes.
   OWNER. Any person who owns any animal.
   RESTRAINT. An animal is under restraint if its movement is physically controlled by use of a leash, cage, bridle, or similar effective device which restrains and controls the animal, or if it is within a vehicle from which it cannot escape without assistance.
   RUNNING AT-LARGE. Any animal shall be deemed to be running at-large when it is off the property of its owner or its keeper, and not under the restraint of a competent person.
   SUSPECTED OF HAVING RABIES. An animal which has bitten a person or another animal.
   WILD ANIMAL. An animal that typically is found in a non-domesticated state and that, because of its size or vicious propensity or because it is poisonous or for any other substantial reason, poses a potential danger to persons, other animals or property, including, without limitation, all felines other than the domestic house cat, non-human primates (excluding monkeys under 25 pounds), bears, wolves, coyotes, reptiles (poisonous, crushing, and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein.
(Prior Code, § 3-1)