§ 93.01 DEFINITIONS.
   For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON. To leave unattended on public or private property, wherein the person cited has no ownership or other legal or equitable interest or right.
   ANIMAL. Any live, vertebrate creature, domestic or wild, including, but not limited to, dogs, cats, and those domesticated animals most often kept and regarded as pets by their owners.
   ANIMAL CONTROL OFFICER. Any person designated by the town as an officer who is qualified to perform the duties required by this ordinance or state statutes regarding animals.
   ANIMAL SHELTER. Any facility operated by the humane society, city, or county government, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law.
   AT-LARGE. Off the premises of the owner or custodian of the animal or not under the immediate control of the owner or custodian.
   DOMESTIC ANIMAL. Any animal not kept for commercial or business purpose that may be dependent upon humans for food and/or shelter.
   ENCLOSURE. An enclosure is to have four sides, a floor and a roof, none of which leak. There is to be an opening in one side large enough for the animal to enter the shelter. The shelter must be large enough for the animal to stand completely erect without touching the top of the shelter and must allow the animal to turn completely around and stretch out completely when lying down.
   HARBORING. An animal shall be deemed to be harbored if it is fed, watered, or sheltered by a person, business, partnership, or corporation.
   KENNEL. Any establishment or residence where dogs, or other animals, are kept for breeding, boarding, sale, leasing, trading, sporting purposes or any other purposes, for remuneration.
   LIVESTOCK. Horses, stallions, colts, gelding, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burrows, goats, swine, and fur bearing animals raised or held in captivity.
   OWNER. Any person, firm, corporation, organization or department owning, possessing, harboring, or having the care or custody of a domestic, dangerous, or vicious animal in the town.
   OWNER AND "PERSONS OWNING PREMISES." Both the owner of title or record and those occupying or in possession of any property or premises.
   PERSON. An individual, partnership, company or corporation.
   POLICE OFFICER or LAW ENFORCEMENT OFFICER. Any person employed by the state, the county, a city or the town whose duty it is to preserve the peace or to make arrested or to enforce the law.
   PROPER SHELTER. See ENCLOSURE.
   RESTRAINT. Any animal secured by leash or lead, under the control of a responsible person and obedient to that person's commands or within the real property limits of the owner.
   UNCONFINED VICIOUS OR DANGEROUS ANIMAL. A vicious or dangerous animal is "unconfined" if the animal is not securely confined indoors, or confined in a secure enclosure and locked pen, cage, or structure upon the premises of the owner, keeper or harborer of the animal. The pen, structure, or enclosure must have secure sides and a secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into the ground no less than one foot if outside and setting on the ground. All such pens, structures, or enclosures must be adequately lighted and kept clean and sanitary condition.
   VICIOUS AND/OR DANGEROUS ANIMAL. The designated animal control officer and/or law enforcement officer upon personal observation and investigation shall find an animal to be dangerous and/or vicious if:
      (1)   The animal has a known vicious propensity, capability, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;
      (2)   The animal, without provocation, attacks or bites, attempts to attach or bite, or has attacked or bitten, a human being or domestic animal; or
      (3)   The animal is harbored primarily or in part for the purpose of animal fighting, or is trained for animal fighting.
(Ord. 99-715, passed 4-12-99; Am. Ord. 2017-OR-008, passed 4-24-17)