For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL SHELTER. Any premises designated by action of the village for the purposes of impounding and caring for any animal found in violation of the provisions of this subchapter.
ANIMAL WARDEN. The person or persons employed by the village as its enforcement officer(s). It also includes any employee of the county charged with the responsibility for animal control in the county.
COMMERCIAL BREEDER. Any person, group of persons, corporation or entity that owns, has custody of or maintains female dogs for the purpose of breeding offspring to sell or trade.
GENDER CLAUSE. The designations OWNER, PERSON, HIM, HER and CORPORATION or any derivative thereof as used herein shall include singular, plural, masculine, feminine or neuter as required by context.
HUMANE SOCIETY. The Pitt County Humane Society.
KENNEL.
(1) Any person, group of persons, or corporations engaged in the commercial business of breeding, buying, selling or boarding five or more dogs.
(2) (a) It shall be unlawful for any person to keep or maintain more than three dogs on any lot or parcel of land within the village limits having less than 20,000 square feet, and an additional 7,000 square feet shall be required for each additional dog; provided, however, that, this limitation shall not apply to dogs which are less than five months of age, not to boarding facilities, kennels or veterinary hospitals.
(b) It shall be unlawful for the owner or custodian of any dog to maintain such dog in quarters not sanitary.
NUISANCE. A dog is deemed a public nuisance and a threat to public health, welfare and tranquility if it habitually chases bicycles, snaps at pedestrians, bites persons not trespassing on the dog owner’s property, roams in packs, disturbs garbage by scattering it outside of the container in which it was placed, disturbs clothes and other objects hanging, damages gardens, flowers or vegetables, fouls public areas (sidewalks and other public ways), engages in frequent, habitual howling, yelping, barking, fighting or the making of other noises which disturb the neighborhood, or is a female dog running at large while in heat. The presence of any stray dog within the limits of village is hereby declared to be a PUBLIC NUISANCE. Such animals are a threat to the health of the community and the safety of persons and property alike.
OWNER. Any person, group of persons or corporation that possesses, owns, keeps, has charge of, shelters, feeds or takes care of a dog or dogs.
RESTRAINT. A dog is under restraint within the meaning of this subchapter if it is:
(1) Controlled by a leash;
(2) At “heel” beside a competent person and obedient to that person’s commands;
(3) On or within a vehicle being driven or parked on the street and unable to bite persons outside the vehicle; or
(4) Harbored in the manner as to keep the dog(s) exclusively upon the premises of the owner.
RUNNING AT LARGE or STRAY. Any dog shall be deemed to be at large or stray when he or she is off the property of his or her owner and not under control of a competent person, or which is not cared for nor harbored, or does not wear a tag or emblem, or which as not been vaccinated as required by this subchapter.
VILLAGE. The Village of Simpson.
(Ord. passed - -; Ord. passed 1-27-2009; Ord. 23-O-003, passed 10-16-2023) Penalty, see §
90.99