Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the feminine the masculine. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Every wild, tame or domestic member of the animal kingdom other than the genus and species Homo sapiens.
ANIMAL CONTROL OFFICER. A person designated by the city to perform such duties involving animal control and having police authority for the enforcement of this chapter.
ANIMAL POUND OR SHELTER. Any premises, either designated, or contracted for, by the Council for the proper care of impounded animals held under the authority of this chapter.
AT LARGE. An animal off the premises of the owner. An animal properly licensed as required by this chapter shall not be deemed AT LARGE if such animal:
(1) Is on the premises of the owner;
(2) Is under the control of a person competent to restrain and control the animal, either by leash, cord, chain or other similar restraint not more than ten feet in length, or properly restrained within a motor vehicle;
(3) Is properly housed in a veterinary hospital or licensed kennel, pet shop or city designated animal pound; or
(4) Is accompanied by or "at heel" beside and obedient to the commands of the owner or a competent responsible person.
CAT. All members of the Felis domestica species, male or female, altered or unaltered.
COMMUNITY CAT. A member of the Felis catus species that is allowed to roam freely within the city and meets the following requirements:
(1) No person owns the particular cat;
(2) The cat does not present as socialized to humans;
(3) The cat has been assessed by a licensed veterinarian and has been deemed healthy;
(4) The cat has been spayed and neutered;
(5) The cat has been vaccinated against rabies, feline rhinotracheitis, calicivirus and panleukopenia; and
(6) The cat meetings requirements (1) through (5) has had its ear clipped by the veterinarian making the health and assessment determination.
COMMUNITY CAT CAREGIVER. A person who, acting within the procedures of a trap-neuter-return program, provides care to a community cat. This care includes providing food, shelter or medical care. A COMMUNITY CAT CAREGIVER is not the owner, harborer, shelterer, controller or keeper of a community cat.
CONTRACTOR. The third-party engaged to provide a consolidated pet billing, licensing and fee collection program.
DANGEROUS ANIMAL.
(1) Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and having known tendencies as a species to do so;
(2) Any animal declared to be dangerous by the board of health or the City Council or its designee;
(3) The following animals which shall be deemed to be dangerous animals per se:
(a) Wolves and coyotes;
(b) Badgers, wolverines, weasels, mink and other mustelids (except ferrets);
(c) Bears;
(d) All apes (including chimpanzees), baboons and macaques;
(e) Monkeys, except the squirrel monkey;
(f) Elephants;
(g) Wild boar;
(h) Black widow spiders and scorpions;
(i) Snakes which are naturally venomous or poisonous;
(j) All cats, except domestic cats (Carnivora of the family Felidae including, but not limited to, lions, cougars, tigers, jaguars, leopards, lynx, bobcats and the like);
(k) Raccoons, opossums and skunks; and
(l) Alligators and crocodiles.
DOG. Members of the canine species, male or female, whether neutered or not.
HEALTH DEPARTMENT. The Health Department of the county having jurisdiction.
HORSE. A large solid hoofed herbivorous mammal (Equus caballus).
KENNEL. Any premises on which five or more dogs, or five or more cats, or a combination thereof, six months old or older, are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint.
LEASHED. A vicious animal under the control of a responsible person and restrained with a leash so that the distance between the responsible person and the animal does not exceed six feet in length.
LICENSE. The annual registration of a dog or cat aged six months or older indicating it is owned and has a current rabies vaccination; such registration shall expire on April 30 of the year following the date of issuance.
LICENSE TAG. Upon the initial registration described under § 90.50, a unique one-time metal tab will be issued; such tab will be perpetual and linked to the animal so licensed and shall be attached by the owner to the collar of the animal so licensed.
MUZZLED. A vicious animal under the control of a responsible person and restrained with a muzzle, which shall be made in a manner that will not cause injury to the animal or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal.
OWNER OR OWNERS OF AN ANIMAL. Any person or persons, firm, association or corporation, owning, keeping, sheltering or harboring an animal.
PERSON. Any individual, association, partnership or corporation, and includes any officer, employee or agency thereof.
PET SHOP. Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species, except the operation of a kennel, agriculture or wildlife pursuits.
PROPER ENCLOSURE. A vicious animal that has been ordered to be confined within a proper enclosure requires:
(1) The vicious animal is securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in this section. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or, in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure;
(2) All pens or other structures designed, constructed or used to confine the vicious animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet so as to prevent digging under the walls by the confined vicious animal; and
(3) The structure erected to house the vicious animal must comply with all city zoning and building regulations. The structure must be adequately lighted and ventilated and kept in a clean and sanitary condition. No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the vicious animal to exit such building on its own volition.
PROVOCATION. The threat, injury or damage caused by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime.
RESPONSIBLE PERSON. A person at least 18 years old who is able to keep a vicious animal under complete control at all times.
RIDING SCHOOL or HORSE STABLE. Any person, partnership or corporation engaged in the business of teaching persons to ride horses, or providing horses to ride for a fee.
TRAP-NEUTER-RETURN PROGRAM. The nonlethal process of humanely trapping, sterilizing, vaccinating and ear notching for identification, and returning community cats to their location of capture.
VICIOUS ANIMAL. Any animal, except for a dangerous animal per se, as listed herein, while running at large that has attacked or bitten any person without provocation, or any animal that has exhibited vicious propensities in present or past conduct:
(1) By biting a person or persons on two separate occasions within a 12-month period;
(2) Did bite once causing injuries above the shoulders of the person;
(3) Could not be controlled or restrained by the owner at the time of the bite to prevent the occurrence;
(4) Has attacked or bitten any domestic animal or fowl on two separate occasions within a 12-month period; or
(5) Which has been found to possess such a propensity by the City Council or its designee, after hearing.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)