(A) It shall be the purpose of this chapter to prohibit certain acts, omissions and conditions which interfere with the health, safety and general welfare of the inhabitants of the town; to protect the public from unvaccinated, diseased, stray, roaming or dangerous animals; to make unlawful acts of animals that interfere with the enjoyment of property or the peace and safety of the community; to protect animals from abuse or conditions harmful to their well-being; and to provide for the peace and dignity of the town.
(B) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake or release an animal previously in the custody or possession of a person without providing for the adequate, continued care of the animal.
ACAB. Animal Control Appeals Board.
ANIMAL. Any non-human vertebrate creature. Unless otherwise excepted, the term ANIMAL includes, but is not limited to, dogs, cats, rabbits, fowl, chickens, horses, cows and goats.
ANIMAL SHELTER. Any premises designated by the town for admitting and caring for all animals found running at large or otherwise impounded in accordance with the provisions of this chapter.
ANIMAL CONTROL OFFICER. A town employee designated by the Chief of Police to enforce violations of this chapter.
AT LARGE. An animal roaming unrestrained beyond the owner’s exclusive control.
DANGEROUS ANIMAL.
(a) An animal that:
1. Without provocation has killed or inflicted severe injury on a person; or
2. Is determined by the Animal Control Officer to be a potentially dangerous animal.
(b) Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting.
DAYS. Calendar days, unless otherwise stated herein.
DOMESTICATED. Any animal traditionally kept, cared for, sheltered, fed or harbored for use as a companion animal.
EXOTIC PET. Any animal that is not classified as domesticated, livestock or a wild animal. This definition does not include feral animals.
FERAL. An animal of a species normally domesticated that has reverted to a wild state.
FOWL. Any bird traditionally associated with sport, farming or production including, but not limited to, poultry and game birds.
HARBORING AN ANIMAL. Feeding or sheltering an animal seven days or more unless the animal is being boarded for a fee.
IMPOUNDED. Any animal which taken into the custody of an officer of the town’s Police Department, Animal Control Officer or an Animal Shelter controlled by either the town, the county or another governmental entity.
KENNEL. Any person, partnership or corporation currently licensed by the state’s Department of Agriculture and engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and/or cats.
OWNER. Any person or legal entity that has a possessory property right in an animal or harbors an animal or has it in his or her care, custody or control, or knowingly permits said animal to remain on any premises occupied by him or her. Presumption of ownership may be rebutted by proof that such person has no property right in the animal, is neither harboring nor caring for the animal and, in the case of a dog, is not the licensed owner. OWNER does not include veterinarians or commercial kennel operators temporarily maintaining on their premises for a period of less than 30 days animals owned by other persons.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of a condominium, apartment complex or townhouse development.
PET. Any domesticated animal kept for pleasure as opposed to utility. A police dog or a dog assisting the blind or deaf is not considered a PET. A dog kept as a guard dog is considered a PET.
PROVOCATION. By tormenting, teasing or inciting an animal to attack.
POTENTIALLY DANGEROUS ANIMAL. An animal that the Animal Control Officer or a sworn law enforcement officer determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; and/or
(c) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
SECURE ENCLOSURE. An enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure or otherwise becoming free unless freed by the owner. A motor vehicle shall not constitute a SECURE ENCLOSURE. An electronic invisible fence to secure an animal within an owner’s property is also considered to be a SECURE ENCLOSURE.
SECURE FENCE. A locked fence that is a minimum of four feet high and secure enough to contain a particular dog at all times.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.
TETHER. Fastening an animal so that it can range only within a set radius.
VICIOUS ANIMAL. Without provocation the animal bites, attempts to bite or attaches to humans or other animals and/or any animal whose behavior, temperament, size or any combination thereof, when considered under the totality of the circumstance, constitutes a reasonable risk of injuring either a human or animal.
WILD ANIMAL. Any animal which can normally be found in the wild state, particularly those feral, dangerous or non-domesticated animals which generally do not live in or about the habitation of humans, including, but not limited to, deer, lions, monkeys, raccoons, skunks, squirrels, tigers, venomous snakes, large non-venomous snakes that kill by constriction and wolf hybrids.
(Prior Code, § 91.00) (Ord. passed - -)