The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL. Any living vertebrate creature, other than human beings, whether wild or domestic including, but not limited to, all livestock and any domestic pets.
ANIMAL IMPOUNDMENT. The taking or seizing of an animal by legally authorized people. Authorized people may be:
(1) Animal control officers;
(2) Police officers; or
(3) Any person appointed or controlled by the city.
ANIMAL SHELTER. Any premises provided by, or contracted via, the city for impounding and caring for dogs and other animals, or any facility which contracts with the city to provide such services.
ANIMAL SHELTER DIRECTOR. The operator of a facility contracting with the city to provide the services of an animal shelter.
AT LARGE. That an animal is off the premises of the owner, keeper, or responsible custodian of the animal and not on a leash or confined within a kennel, cage, or motor vehicle, or otherwise under the immediate control of a person physically capable of restraining the animal.
BITE. A wound, laceration, bruise or puncture inflicted on a person or animal by the teeth of an animal, or impression or bruise on the skin made by the closure of an animal's teeth, or a seizure made by the teeth of an animal.
CAT. Any commonly domesticated feline animal and includes both the male and female sex of the species.
CRUELTY. Any act or omission whereby unjustifiable physical pain, suffering, or death of an animal is caused or permitted.
DANGEROUS or VICIOUS ANIMAL.
(1) Any animal that attacks, bites, or injures a human being, domestic animal, or livestock, or which, because of its nature, temperament, training, or other characteristics, would constitute an unreasonable danger to human life or property if not kept, maintained, or confined in a safe and secure manner. Any animal that has aggressively bitten or caused any physical injury to any person shall be prima facie presumed vicious or dangerous.
(2) No dog may be declared dangerous for harming a person who, at the time, was abusing or assaulting the dog or has, in the past, been observed or reported to have abused or assaulted dog.
DOG. Any commonly domesticated canine animal that is a member of the species canis familiaris and includes both male and female sex of the species.
DOMESTIC ANIMAL. A pet; dogs, cats or other tame animals or birds and which serve some purpose for its owner.
KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals (excluding licensed pet shops). The term KENNEL shall also include any noncommercial establishment or place where more than three dogs and/or four cats are kept over the age of six months, whether for breeding or otherwise.
LEASH. A line, chain or leads used to control or restrain an animal and does not include an electronic leash or shock collar.
MUZZLE. A humane device, securely fastened over the mouth of an animal, which prevents the animal from biting.
NUISANCE. Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "nuisance" shall include, but not be limited to:
(1) Any animal that is repeatedly (more than two separate occurrences) found running at large;
(2) Any dog in any section of a park or public recreation area which is not controlled by a leash or similar physical restraint;
(3) Any animal that damages, soils, defiles, or defecates on any property other than that of its owner, with the exception of service animals authorized under the Americans with Disabilities Act;
(4) Any animal that makes disturbing noises including, but not limited to, continued and repeated howling, barking, whining, crowing or other utterances causing unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(5) Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(6) Any animal which, when unprovoked, bites any person or animal;
(7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(8) Any animal that chases vehicles, bicycles, skateboarders, etc. on a public street, alleys, parks or public ways;
(9) Any animal that rummages through or scatters garbage or rubbish;
(10) Any animal that attacks domestic animals;
(11) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or
(12) Any animal that is offensive or dangerous to the public health, safety, or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
OWNER. Any person, group of persons, or corporation having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter.
POLICE OFFICER. All peace officers as that term is defined in state law as well as all duly appointed police officers, or other officials designated by the chief of police.
QUARANTINE. Confined inside a secure locked building, cage, kennel, or pen to prevent possible spread of communicable disease. Isolation shall be required so that contact between the confined animal and any person or other animal is not possible, and so that it can be observed daily under the supervision of the owner or a licensed veterinarian.
RABIES VACCINATION. The inoculation of an animal with anti-rabies vaccine that has been approved for that species, having an effective immunity of at least one year, and administered by a licensed veterinarian in accordance with the current edition of the "Compendium of Animal Rabies Control", published by the National Association of State Public Health Veterinarians, Inc.
SERVICE ANIMAL. Any guide dog, police dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
UNDER RESTRAINT. Means that an animal is secured by a leash or securely enclosed within the real property limits of the owner's premises.
These definitions do not apply to animals used in law enforcement work while they are actually performing in that capacity.
(Ord. 2022-05, passed 10-26-2022)