For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
ANIMAL A NUISANCE: An animal is a nuisance when, by loud, frequent or habitual barking, howling, yelping or other noise or action, it disturbs any person or neighborhood within the city limits. Any animal which scratches or digs into any flowerbed, garden, tilled soil, shrubbery and, in so doing, injures the same; or which habitually prowls around or over any premises not the property of its owner to the annoyance of the owner or occupant of such premises; or which overturns any garbage can or vessel for waste products, or scatters the contents of same; or an animal which chases or kills any fowl or animal owned by another is also declared a nuisance. A female dog in season at large is a nuisance.
ANIMAL BITE: Any contact between the mouth and/or teeth of an animal and a person or domestic animal which causes any bruise, inflammation, puncture, tear, rip and/or break in the skin of the victim.
ANIMAL CONTROL OFFICER: The person or persons employed by the city as an enforcement officer for this chapter.
ANIMAL SHELTER: Any premises officially designated by the city for the purpose of impounding and caring for all animals found at large in violation of this chapter.
ANIMALS: All vertebrate and invertebrate animals, such as, but not limited to, bovine, cattle, horses and other equines, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl or wild mammals, and reptiles, fish or birds that have been tamed, domesticated or captivated.
AT LARGE: Any animal shall be deemed "at large" when it is not under restraint.
CATTERY: Any premises, whether operated for pleasure or profit, where there is being maintained or harbored a total of five (5) or more cats, except veterinary hospitals.
CONFINED ON THE PREMISES: The condition in which an animal is secured and physically kept, retained, restricted or contained on and within the premises of the owner by means of walls, fences or an enclosure, such enclosure being adequate to contain the animal at all times.
DOG: Any dog, bitch and every other animal of the canine species at the age of two (2) months or older.
ENCLOSURE: A fence or structure suitable to prevent the entry of young children and suitable to confine an animal in conjunction with other measures, such as tethering, which may be taken by the owner or keeper. The enclosure shall be securely constructed and shall have secure sides, top and bottom and shall be kept locked. The design and construction shall be adequate and sufficient to prevent the animal from escaping.
FOWL: Birds of any kind, domestic or wild, which are commonly kept and/or raised outdoors or in a separate enclosure and not inside a habitation for humans.
HARBORING: Any person who allows any animal to habitually remain or lodge or to be fed within his home, store, yard, enclosure or place of business, or any other premises in which he resides or controls, shall be considered as "harboring" such animal.
KENNEL: Any premises, whether operated for pleasure or profit, where there is being maintained or harbored a total of five (5) or more dogs, except veterinary hospitals.
LIVESTOCK: All animals commonly known and referred to as domesticated farm animals such as, but not limited to, cattle, horses, swine, sheep, goats, llamas, donkeys and mules.
OWNER: Any person who owns, keeps, harbors, possesses, maintains or has the care, custody or control of an animal, or any person who is the custodian of a premises where an animal is kept, possessed, harbored or maintained; or any person who is the parent or legal guardian of a minor who keeps, possesses, harbors, maintains or has the care, custody or control of an animal.
RESTRAINT: A. An animal shall be deemed under restraint when:
1. It is humanely controlled by a leash held by a competent person; or
2. It is securely tethered in a humane manner within the property limits of its owner or keeper; or
3. The animal is confined on the premises of its owner.
B. In all cases, restraints shall be sufficient to prevent the animal from biting, attacking or having physical contact with any person who is on or about his lawful business, or with unattended small children.
SEVERE OR SEVERELY: Any physical injury to a human or other domestic animal that results in broken bones, multiple bites, or disfiguring lacerations requiring multiple sutures or reconstructive surgery or to cause the death of a human or another domestic animal.
STRAY: Any animal which does not appear, upon reasonable inquiry, to have an owner.
UNPROVOKED: That one has been conducting him/herself peacefully and lawfully without threat to the animal.
VICIOUS ANIMAL: A. Any animal which has a propensity, tendency or disposition to attack, and severely injure humans or domestic animals without provocation and such tendency is displayed by the animal through its posture or demeanor when approached by a person on private or public property. The typical posture for such a dog may include the combination pictured below:
Additional evidence of viciousness is the making and holding of direct eye contact while maintaining a threatening posture. Mere territorial behavior, such as running within its confinement and barking does not, without any other evidence, constitute a vicious animal.
B. Or which bites and inflicts severe injury on a human being or domestic animal without provocation on private or public property.
C. Or any dog or other animal owned or harbored primarily or in part for the purpose of animal fighting.
D. Or any dog or other animal trained for fighting. (1980 Code § 7-1; amd. Ord. 5972, 5-13-2002; Ord. 5997, 3-12-2004)