For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. If a person knowingly, intentionally, recklessly or with criminal negligence leaves a domestic animal, including equine, bovine, swine, fowl, or any and all sentient beings at a location without providing adequate care.
ANIMAL. Any living, non-human vertebrate creature, domestic or wild.
ANIMAL CONTROL SERVICE. The persons, partnership, corporation, association or society designated by the Council to assist in the enforcement of this chapter.
ANIMAL SHELTER. Any facility operated by Marion Animal Care and Control, a municipal agency or its authorized agents, or any premises designated by the town as a site for impounding and caring for animals confined under the authority of this chapter or state law.
AT LARGE. Elsewhere than on the owner’s premises, and:
(1) Not restrained by a leash; or
(2) Not under the immediate and complete control of a person capable of controlling such animal.
AUTHORIZED AGENT. Law enforcement officer or authorized animal control officer.
CAT. All domestic members of the feline family of animals.
COYDOG. Includes:
(1) An animal that is the offspring of a coyote and another animal; or
(2) An animal that is the offspring of:
(a) An animal that is the offspring of a coyote and another animal; and
(b) Another animal.
DANGEROUS ANIMAL. Any of the following:
(1) Any mammal, amphibian, fish, reptile or fowl of a species, which, due to size, vicious nature or other characteristics, constitutes a danger to human life or physical well-being, or to other animals;
(2) Any animal having a known disposition or propensity to attack, bite or injure any person or animal without provocation. An official record of Animal Control, the Town Clerk-Treasurer, Police Department or the Clerk of any court which indicates that an animal has bitten or attacked any person or animal constitutes prima facie evidence that the animal is a DANGEROUS ANIMAL;
(3) Any animal owned or kept primarily or in part for the purpose of fighting, or any animal trained or bred for fighting; and
(4) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause the animal to attack any law enforcement officer when the officer is engaged in the performance of official duty and when the animal has the apparent ability to cause injury or harm to the officer.
DOG. All domestic members of the canine family of animals.
ENFORCEMENT AUTHORITY. Refers to the Town Marshal, or as appointed by the Council.
HARBOR. The actions of any person who permits any animal to habitually remain or lodge or to be fed within his or her home, store, enclosure, yard, place of business or any premises on which such person resides or controls. An animal shall be presumed HARBORED if it is fed or sheltered for three days.
IDENTIFICATION. Bearing either a microchip, rabies tag, tattoo or tag bearing the owner’s name, address and/or telephone number.
IMPOUNDMENT. The act of taking physical possession and control of an animal by an animal control officer or other officer empowered to act by law and transporting it to an animal shelter.
INTACT/UNALTERED ANIMAL. An animal that has not been spayed or neutered.
LESS SEVERE INJURY. Any injury made with the teeth, fangs or claws of any animal that results in a minor puncture, piercing or breaking of the skin and does not require extensive medical treatment.
OWNER. Any person or persons owning, harboring or keeping any animal. This shall not include a person hired or acting as custodian for an animal for its owner.
PERSON. Any individual, firm, association, partnership, organization or corporation.
PIT BULL DOG. Any and all of the following dogs:
(1) The Staffordshire bull terrier breed;
(2) The American Staffordshire terrier breed;
(3) The American pit bull terrier breed;
(4) Any other breed commonly known as pit bull, pit bull dog or pit bull terrier; or
(5) Dogs which have the appearance and characteristics of being predominantly of the breed of dogs known as the above listed breeds of dogs. The registration of a dog at any time as any of the dogs listed above shall constitute prima facie evidence that the dog is a pit bull dog.
POTENTIALLY DANGEROUS DOG. Any of the following:
(1) Any dog which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury, when the person and the dog are off the owner’s property;
(2) Any dog which, when unprovoked, bites a person, causing a “less severe injury”;
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury or otherwise caused injury in attacking a domestic animal off the property of the owner or keeper of the dog;
(4) Any dog that chases or menaces a person; or
(5) Any dog that runs at large.
PUBLIC NUISANCE. Any animal(s) that:
(1) Attacks passers-by or passing vehicles;
(2) Damages public or private property;
(3) Is not confined when in estrus (‘heat’); or
(4) Barks, whines or howls in an excessive, continuous or unreasonable manner under the circumstances, as to violate the peace and quiet of the neighborhood.
REGISTERED DANGEROUS ANIMAL. Any pit bull dogs, wolf hybrids, coydogs or an animal for which a permit has been properly obtained within 30 days of the effective date of this chapter and in accordance with the special permit requirements.
RESTRAINT. Confinement to the premises of the owner, being outside those premises while accompanied by a responsible person keeping control of the animal, being on a leash or chain, or confinement in a fenced-in area.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner.
VICIOUS DOG/ANIMAL. Any dog or animal that has been determined, without provocation, has:
(1) Aggressively bitten, attacked, endangered or inflicted severe injury or death on a human being on public or private property;
(2) Attacked and injured other domestic animals;
(3) Bitten one or more persons who are lawfully inside the dog’s enclosure;
(4) Attempted to climb over, dig under, chew through, break or otherwise escape from its enclosure in an attempt to attack, chase or harass a person or another domestic animal as observed by a person charged with enforcing this chapter;
(5) Been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(6) Been identified as a potentially dangerous dog and exhibits behavior warranting listing as a vicious dog.
WILD ANIMAL. Any non-domesticated animal, with the exception of small, non-poisonous aquatic or amphibious animals and small, caged birds.
WOLF HYBRID. Including:
(1) An animal that is the offspring of a wolf and another animal; or
(2) An animal that is the offspring of:
(a) An animal that is the offspring of a wolf and another animal; and
(b) Another animal.
(Ord. 2021-4, passed 11-16-2021)