For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER. An enclosed area accessible by an animal, of sufficient size and nature so as to provide the animal with reasonable protection from adverse weather conditions.
AGGRESSION-TRAINED DOG. Any dog that has been trained or conditioned, to any extent, to bite, attack or exhibit aggressive behavior towards humans or other domestic animals for any purpose, including but not limited to the security of business property or personal security.
AGGRESSION-TRAINING FACILITY. Any person who schools, trains or conditions canines to bite, attack or exhibit aggressive behavior towards humans or other domestic animals for any purpose, including but not limited to the security of business property or personal security.
ANIMAL. Every nonhuman, animate being that is endowed with the power of voluntary motion, including but not limited to dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish.
ANIMAL CONTROL OFFICERS. Persons properly appointed by the town or its designee to enforce all sections of this chapter and applicable state laws and who are responsible for discharging other duties and functions as may be prescribed by the Town Council as set forward by this chapter or any other applicable ordinance or state law or pursuant to interlocal agreements cited in § 90.002.
BUREAU. The Charlotte-Mecklenburg Animal Control Bureau.
BUREAU MANAGER. The manager of the Charlotte-Mecklenburg Animal Control Bureau. The BUREAU MANAGER shall have all the powers conferred by state law upon a County Dog Warden and by this chapter upon animal control officers or by any other applicable ordinances.
CAT. A domestic feline of either sex.
COMPUTATION OF TIME. In computing any period of time, any day which the Bureau is open shall be counted. This includes Saturdays, Sundays and legal holidays, when applicable.
COUNTY DOG WARDEN. The Manager of the Animal Control Bureau, who shall have all powers conferred by state law upon the County Dog Warden or by this chapter upon animal control officers.
COUNTY RABIES ORDINANCE. The county ordinance for the control of rabies and other zoonoses.
DANGEROUS. Any animal whose behavior, temperament, size or any combination thereof, when considered under the totality of the circumstances, including the nature of the surrounding area, constitutes a reasonable risk of injuring a human or animal or damaging personal or real property. That behavior includes but is not limited to an animal's biting or attacking or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing, as defined in this section, upon the animal owner's premises.
DOG. A domestic canine of either sex.
DOMESTICATED. Those species of animals that are indigenous to the county and normally and customarily share human habitat in the county and are normally dependent on humans for food and shelter in the county, such as but not limited to dogs, cats, cattle, horses, swine, fowl, sheep and goats.
EQUINE. Any horse, pony, mule, donkey or hinny.
EXOTIC OR WILD ANIMAL. An animal that would ordinarily be confined to a zoo; one that would ordinarily be found in the wilderness of this or any other country; one that is a species of animal not indigenous to the United States or to North America; or one that otherwise is likely to cause a reasonable person to be fearful of significant destruction of property or of bodily harm, and the latter includes but is not limited to monkeys, raccoons, squirrels, ocelots, bobcats, wolves, hybrid wolves, venomous reptiles and other such animals. SUCH ANIMALS are further defined as being those mammals or non-venomous reptiles weighing over 50 pounds at maturity, which are known at law as Ferae naturae. EXOTIC OR WILD ANIMALS specifically do not include animals of a species customarily used in the state as ordinary household pets, animals of a species customarily used in the state as domestic farm animals, fish confined in an aquarium other than piranha, birds or insects.
EXPOSED TO RABIES. Any animal or human bitten by or exposed to any animal known or suspected to have been infected with rabies.
GUARD DOGS. Dogs primarily kept for the purpose of protecting premises from intruders or for the purpose of attacking a person coming in the vicinity of the dog.
HARBORING AN ANIMAL. An animal shall be deemed to be harbored if it is fed or sheltered 14 days or more, unless the animal is being boarded for a fee.
HEALTH DIRECTOR. The Director of the County Health Department.
IMPOUNDED. Any animal that is received into custody by any employee of the Bureau.
INOCULATION. The vaccination of a dog or cat with antirabic vaccine approved by the United States Bureau of Animal Industry, the State Department of Agriculture and the State Board of Health at such time as shall be required by state law, the State Board of Health and/or the local Health Director Bureau Manager, as defined in G.S. § 130A-185.
LIVESTOCK. All animals of a domesticated, agricultural nature, including but not limited to equine animals, bovine animals, sheep, goats, llamas and swine.
NEUTERED MALE. Any male dog or cat which has been rendered sterile by a surgical procedure (orchiectomy).
OWNER. Any person owning, keeping, having charge of sheltering, feeding, harboring or taking care of any animal for 14 or more consecutive days, unless the animal is boarded for a fee. If a commercial kennel is involved for breeding, ownership shall be indicated by the kennel operator by showing the registration of the animal in the name of the actual OWNER of the animal.
PASTURE. An auxiliary fenced area with sufficient grass for grazing.
PREMISES. A definite portion of real estate, including land with its appurtenances, a building or part of a building.
PROVOCATION. Any act done towards an animal that a reasonable person would expect to irritate or enrage the animal to the extent that the animal would be likely to bite or attack, including but not limited to teasing, harassing, beating, torturing, injuring or intentionally causing pain to an animal. PROVOCATION does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense or defense of others.
SECURITY DOGS. Synonymous with GUARD DOGS.
SHELTER. Any facility designated by the town for the purpose of sheltering any animal lawfully impounded by the Bureau.
SPAYED FEMALE. A female dog or cat that has been rendered sterile by surgical means (ovariohysterectomy).
TOWN-SPONSORED EVENT. Any event generally open to the public that is funded in whole or in part by, or endorsed by, the town.
TRESPASS. The wrongful or legally unauthorized entrance onto or invasion of the property of an animal owner or lawful possessor. The cause of the individual to be on the property and any other relevant circumstances shall be considered in order to determine whether a TRESPASS has occurred. A child under the age of seven shall not be deemed to be a trespasser.
(1995 Code, § 10-3) (Ord. 2005-02, passed - -2005)