§ 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 SHELTER. A shelter that is suitable for the species, age, condition, size, and type of each animal. The shelter shall provide adequate space for each animal and protect each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health. The shelter shall be properly cleaned, enable each animal to be clean and dry (except when detrimental to the species). Depending upon the species of the animal, the shelter shall be properly lighted. Shelters for dogs and cats shall provide a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. ADEQUATE SHELTER does not include a shelter whose wire, grid, or slat floors allow an animal’s feet to pass through the openings, sag under an animal’s weight, or otherwise do not protect an animal’s feet or toes from injury.
   ADEQUATE SPACE. Sufficient space to allow each animal to easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable and normal position for the animal and interact safely with other animals in the enclosure.
   ALTER. The act of having an animal spayed or neutered.
   ALTERED. A term used to describe an animal that has previously been spayed or neutered.
   ANIMAL.  Any living organism other than a human being or, those commonly considered plants whether domestic or wild.
   ANIMAL BITE. The act of being seized with the teeth or jaws of an animal so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.
   ANIMAL CONTROL OFFICER.  The person appointed by the Mayor, with the advice and consent of the City Council, as ANIMAL CONTROL OFFICER of the city animal shelter for the purposes of administering these regulations. The person shall be a salaried employee of the city and shall not be eligible for additional compensation for off-duty calls or other work at the city animal shelter. The person shall report to the Chief of Police or his or her designee. The Superintendent in addition to his
or her duty to administer these regulations shall endeavor to enact and maintain practices to encourage the adoption of animals and to keep the city animal shelter as clean as possible and in as good condition and repair as is economically feasible.
   DANGEROUS DOG.  Any individual dog which is either unmuzzled, unleashed, or unattended by its owner (or a member of its owner’s family), or custodian while upon any street, sidewalk, public grounds or places, or private property other than that of the dog owner, that when unprovoked approaches any person or domestic animal in a vicious or terrorizing manner, or in an apparent attitude of attack. A DANGEROUS DOG declaration does not necessarily involve any injury to a human or domestic animal. If an injury occurs, the more appropriate declaration would be vicious dog.
   ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dog declared as a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a dog within the enclosure. The ENCLOSURE shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure; a house or building may constitute an ENCLOSURE within the meaning of this section if it is inhabited and the windows and doors are solid and secured. Screen doors and windows with no window/door glass are not acceptable in a structure used in an ENCLOSURE. The ENCLOSURE shall have attached thereto or displayed on the premises where the ENCLOSURE is located a sign designating or warning that a dog declared as a vicious dog is located on the premises. The sign shall be located so as to be clearly visible from any street, sidewalk or other public right-of-way adjacent to the premises.
   IMPOUNDED. Taken into custody of the Animal Control Officer or the city animal shelter.
   OWNER.  Any person, firm or corporation owning, keeping, maintaining, housing or harboring any animal or animals. For purposes hereof, KEEPING or MAINTAINING shall include, but not be limited to, regularly feeding or watering any animal or animals.
   PERSON.  A person, firm or corporation.
   RUN LINE. A system of tying a dog in place with either rope or chain having a tensile strength of at least 300 pounds.
   VICIOUS DOG.  Any individual dog that, when unprovoked, bites or attacks a human being or other domestic animal causing injury or death, whether on public or private property; or
      (1)   Has a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
      (2)   Has been declared as a dangerous dog upon two separate occasions.
(1980 Code, § 22.101)  (Ord. 9258, passed 5-27-2014; Ord. 9361, passed 11-26-2018)