Sec. 3-1. Definitions.
   The following words, terms and phrases, when used in this chapter, shall have the meanings assigned to them in this section, except where the context clearly indicates a different meaning:
   Animal means every living creature, domestic or nondomestic, but does not include humans.
   Animal control officer means a duly sworn law officer of the town or other person (not a sworn law officer) appointed by the town manager.
   At large means when any animal is off the property of its owner or keeper and not under the restraint of a competent person.
   Competent person means a person of suitable age and discretion to keep the animal under sufficient restraint and control as to prevent harm to persons and property.
   Keeper means a person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person.
   Owner means any person owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal.
   Public nuisance. The following actions shall be deemed prima facie evidence of a public nuisance:
   (1)   A public nuisance is that which annoys and disturbs rights and privileges common to the public or to all the people of the community, rendering their ordinary use or occupation of their property physically uncomfortable to them.
   (2)   Enumerated in this paragraph, by way of example and not limited to certain types of animals, are actions involving animals, or conditions maintained or permitted by the animals' owners or keepers which shall constitute prima facie evidence of a public nuisance, whether such animals are located or such acts are committed on or off of the owners' or keepers' premises:
      a.   Any animal which damages, soils or defiles private or public property;
      b.   Any animal which interferes, molests or attacks persons or other animals;
      c.   Any animal which is repeatedly at large;
      d.   Any animal which causes unsanitary, dangerous or offensive conditions including fouling of the air by odors;
      e.   Any animal which chases, snaps at, harasses, or impedes pedestrians, bicyclists or vehicles;
      f.   Any animal which, by virtue of number or type, is offensive or dangerous to the public health, safety or welfare;
      g.   Any animal which is diseased or dangerous to the public health; and
      h.   Failure to confine a female dog while in heat in a building or secure enclosure in such a manner that she will not be in contact with another dog, nor creating a nuisance; but this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal which is being bred.
   Restraint. An animal is under restraint within the meaning of this chapter if it is controlled by means of a chain, leash or other like device not to exceed twenty (20) feet or is within a vehicle being driven or parked or is within a secure enclosure.
   Stray dog means any dog within the town wandering at large or lost and which does not have an owner or does not bear evidence of the identification of any owner, or any dog within the town whose owner, if determinable, has failed to pay for and procure a dog license tag or vaccination tag.
   Vicious animal means any animal that has made an unprovoked attack on a human by biting or in any manner causing injury or the reasonable likelihood of injury or one who habitually or repeatedly attacks other pets.
(Ord. No. 1990-3, § 1, 2-6-90; Ord. No. 2020- 14, § 1 (part), 12-1-20)
Cross reference—Definitions and rules of construction generally, § 1-2.