For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Domesticated animals.
   ANIMAL CONTROL OFFICER. City or county employee designated as Dog Warden, Animal Control Officer, Animal Control Official or other designations that may be used whose responsibility includes animal control.
   ANIMAL SHELTER. Any premises designated by the city for the purpose of impounding and caring for all animals found running at large or otherwise subject to impoundment in accordance with the provisions of this chapter and other laws.
   AT LARGE. Any animal shall be deemed to be AT LARGE when it is off the property of its owner and not under the control of a competent person.
   ATTACK BY DOG. Any assault or battery by a dog upon a person or domestic animal, to include biting, felling or toppling, tearing of clothing, provoking flight to escape attack, or any other act which could reasonably cause fear, physical pain and/or injury to a person or domestic animal.
   BITE BY DOG. Any seizing, gripping or grasping by a dog with its jaws, no matter how slight or momentary, any part of the human anatomy or that of a domestic animal, so as to cause fear, physical injury and/or pain to such person or animal.
      (1)   A dog that:
         (a) Without provocation has killed or inflicted severe injury on a person; or
         (b) Is determined by the animal control officer or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed under the definition of POTENTIALLY DANGEROUS DOG.
      (2)   Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
   DAY. Twenty-four hours excluding Saturday, Sunday and holidays.
   EXPOSED TO RABIES. An animal has been EXPOSED TO RABIES if it has been bitten by or been exposed to any animal known or suspected by an Animal Control Officer to have been infected with rabies.
   EUTHANIZE. Painless death.
   NEUTERED MALE. Any male which has been operated upon to prevent reproduction.
   OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal.
   OWNER REAL PROPERTY. Any real property owned or leased by the owner of any animal, but does include any public right-of-way or a common area of a condominium, apartment complex or townhouse development.
   POTENTIALLY DANGEROUS DOG. A dog that the Animal Control Officer or municipal authority responsible for animal control determines to have:
      (1)   Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or in any manner causing abrasions or cuts on the skin or one which habitually or repeatedly attacks humans or other animals;
      (2)   Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property;
      (3)   Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack; or
      (4)   Is classified as a PIT BULL TERRIER as defined by the American Kennel Club or United Kennel Club as any American Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier or Bull Terrier; and any mixed breed dog containing sufficient elements of the above breeds as identified by a veterinarian; or any dog whose owner registers, defines, admits or otherwise identifies such dog as a PIT BULL; or any dog that is of a breed commonly referred to as a PIT BULL and commonly recognizable as such.
   PUBLIC NUISANCE ANIMAL. Any animal or group of animals which:
      (1)   Is repeatedly found at large;
      (2)   Damages the property of anyone other than its owners;
      (3)   Is dangerous or potentially dangerous;
      (4)   Causes fouling of the air by odors;
      (5)   Causes unsanitary conditions of enclosures or surroundings;
      (6)   By virtue of number or type is offensive or dangerous to the public health, safety or welfare;
      (7)   Excessively barks, howls or makes disturbing noises;
      (8)   Is diseased, has mange, is sick and is dangerous to public health; or
      (9)   Is female, in heat and is running loose.
   RESTRAINT. An animal is under RESTRAINT if it is controlled by means of a chain, leash or other like device; is sufficiently near the owner or handler to be under his or her direct control and is obedient to that person’s commands; is on or within a vehicle being driven or parked; or is within a secure enclosure.
   SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
   SPAYED FEMALE. Any female which has been operated upon to prevent conception.
   STRAY CAT. Any cat within the city wandering at large or lost and which does not have an identifiable owner, or any cat within the city whose owner fails to have said cat vaccinated against rabies.
   STRAY DOG. Any dog within the city wandering at large or lost and which does not have an identifiable owner, or any dog within the city whose owner fails to pay for and procure a dog tax tag or fails to have said dog vaccinated against rabies.
   VICIOUS ANIMAL. Any animal, other than a dog, which is addressed by the dangerous dog ordinance, that has made an unprovoked attack on a human by biting or attempting to bite, or by chasing or by causing damage to clothing, abrasions or cuts to the skin by any means or which habitually or repeatedly attacks or chases humans or other animals.
(1997 Code, § 91.01) (Ord. passed 3-14-1989; Ord. passed - -1997; Ord. passed 4-13-1999; Ord. passed 6-12-2001; Ord. 2006-24, passed 6-13-2006)