For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. To neglect to restrain, or permit.
ATTEMPTS TO BITE. The overt actions of a dog which constitute a substantial step towards the actual biting of one or more persons.
CONTINUOUS ANNOYANCE. Permit any animal to cause annoyance, alarm or disturbance for more than 15 continuous minutes at any time of the day or night, be it repeated barking, whining, screeching, howling, braying or other like sounds which can be heard beyond the boundary of the owner’s property or create offensive odors which can be noticed beyond the boundary of the owner’s property.
DANGEROUS ANIMAL. Any animal which has the propensity to bite or attack any person or animal without provocation and the capacity to inflict serious harm on such person or animal. Additionally, any animal that has injured a human being or animal without provocation is a DANGEROUS ANIMAL.
KEEPER. Any person, firm, association, entity or corporation who is the licensed keeper of, or who keeps, or who harbors, or who possesses, or who maintains, or who has custody of, or who exercised control over any animal (including, but not limited to, any barking dog, dangerous animal, dog, exotic animal, farm animal, fowl, livestock, vicious dog, watchdog or wildlife) or who knowingly permits any such animal to remain on any premises occupied by him or her. KEEPER does not include licensed veterinarians or commercial kennel operators temporarily maintaining on their premises, for a period of not more than 30 days, dogs kept by other persons. Any person, except a licensed veterinarian or commercial kennel operator who resides where any animal is kept, harbored, or cared for, shall be presumed to be the KEEPER. This presumption may be rebutted by proof that the person has no right in the animal, is not the licensed keeper, and is neither harboring nor caring for the animal.
LEASH. Any humane device constructed of rope, leather strap, chain or other sturdy material not exceeding six feet in length, being held in the hand of a person capable of controlling the animal to which it is attached.
MUZZLE. A device constructed of strong, soft material or metal. The MUZZLE must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
OWN or OWNING. Having a right of property in a dog, caring for or acting as the custodian for a dog, or knowingly permitting a dog to remain on or about premises occupied by that person.
OWNER. Any person having a right of property in a dog or who harbors a dog or who has it in his or her care, or acts as its custodian, or who knowingly permits a dog to remain on or about the OWNER’S property.
RUNNING AT LARGE. Off or outside the premises belonging to the person having the care, custody or possession of the dog while the dog is not under the complete control of such person by means of an adequate leash, or is within a vehicle of such person.
SECURE ENCLOSURE. A structure in which an animal is confined such that the animal does not have access to humans or other animals. The structure will not be less than eight feet long, four feet wide and five feet tall. If the floor is not concrete, the outside walls must extend into the ground not less than one foot to prohibit the digging out of the animal. The top of the structure must be covered.
VICIOUS DOG. Any dog that has the propensity to bite, attack, lunge at, chase or knock down a person or animal without provocation and the capacity to inflict serious harm upon, or cause serious harm to, the person or animal shall be regarded as vicious. Additionally, if any dog that has bitten a person or animal without provocation is a vicious dog.
(Ord. 1276, passed 7-15-2013)