For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake, desert or give up an animal previously under the custody or possession of a person without having secured another owner or custodian or by failing to make reasonable arrangements for adequate care for 24 or more consecutive hours. A community cat caregiver who provides care to or has temporary custody of a community cat in accordance with a Trap-Neuter-Return Program as defined in this chapter is not deemed to have abandoned the cat.
ABUSE.
(1) Failing to provide an animal with adequate food and potable water for more than 24 hours without written instructions from a veterinarian who has recommended withholding food and water for medical reasons, or failing to consistently provide food at intervals sufficient to maintain the animal's health and well-being;
(2) Overworking or overdriving any animal causing physical pain, suffering or death to the animal;
(3) Beating, torturing, molesting, harassing, injuring, tormenting, poisoning or mutilating any animal causing physical pain, suffering or death to the animal;
(4) Failing to provide adequate medical attention for any sick, diseased or injured animal in order to prevent physical pain, suffering or death to the animal;
(5) Keeping any animal under conditions which cause physical pain, suffering, disability or death to the animal or which increase the probability of the transmission of disease;
(6) Failing to provide an adequate shelter for an animal wherein the animal can be protected from extremes of weather (heat, cold, rain, sun and the like) and which is large enough to allow the animal to make normal body movements;
(7) Failing to provide for animals, which are kept outside, a shelter, which is surrounded on three sides, covered by a roof and has a floor (excluding barns), and which is structurally sound, maintained in good repair and constructed in the manner that it is water and wind resistant;
(8) Conveying any type of animal in a motor vehicle or in a wagon or trailer pulled by a motor vehicle or in a truck or the back of a truck in the way as to cause physical pain, suffering, disability or death to the animal; or
(9) Placing or confining an animal or allowing an animal to be placed or confined in a motor vehicle under the conditions or for the period of time as to cause physical pain, suffering or death to the animal due to temperature, lack of food or drink or other conditions.
ANIMAL. Excluding fish, any non-human vertebrate species, domestic or non-domestic.
ANIMAL BITE. An animal bite occurs when the teeth of the animal scratch or break the skin of a human being or animal, regardless of the location of the scratch or bite on the body.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of this chapter.
AT LARGE. Any animal shall be deemed to be AT LARGE when it is not under the Restraint of a competent person when the animal is off the real property of the owner. "Real property", in this context, includes curtilage and does not include public rights-of-way or easements.
ATTACK. An approach to a person by an unrestrained animal in a vicious, terrorizing or threatening manner or apparent attitude of attack, without the animal having been teased, molested, provoked, beaten, tortured or otherwise harmed.
ATTACK TRAINING FACILITY. Any person, group of persons, partnership or corporation engaged in boarding, breeding, selling or training dogs or other animals in mode of attack.
COMMUNITY CAT. A cat that is abandoned, stray, lost, or feral and cared for by a community cat caregiver pursuant to this chapter.
COMMUNITY CAT CAREGIVER.
(1) A person who, in accordance with the Trap-Neuter-Return Program defined in this chapter:
(a) Provides care, including food, shelter, or medical care to a community cat; or
(b) Has temporary custody over a community cat.
(2) A COMMUNITY CAT CAREGIVER shall not be considered the owner or keeper of a community cat.
DANGEROUS DOG. Any dog that has demonstrated a fierce or dangerous propensity or tendency to do any act, which may endanger persons or property and/or any non-domesticated animal indigenous to the state including hybrid animals that are part wild. This would include, but not be limited to, any dog which bites, attacks or inflicts severe injury on a human being without provocation and/or which, while at large has killed or inflicted severe injury on a pet or domestic animal. A potentially dangerous dog may be reclassified as DANGEROUS DOG if it has two or more separate potentially dangerous dog citations or violations (which fall under potentially dangerous dog) within 24 consecutive months. Exceptions: No dog is dangerous, pursuant to this definition, if, at the time, the threat, injury or damage was sustained, the person attacked was teasing, tormenting, abusing or assaulting the dog or has in the past teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime. Nor shall a dog be considered dangerous, pursuant to this definition, if it has attacked or injured a pet or domesticated animal in defense of an attack by another animal or if it is protecting or defending its young. A DANGEROUS DOG that has killed or inflicted severe injury on a pet or domestic animal can have the designation removed if a) the dog and the owner successfully pass an AKC Canine Good Citizen Test and b) have no reported incidents to Animal Control for the 36 consecutive months after designation of DANGEROUS DOG. It is the responsibility of the dog owner to submit a request for designation removal to Animal Control after 36 consecutive months and completion of AKC Canine Good Citizen Test. The Dangerous Dog designation remains in effect until the dog owner receives written notification from Animal Control that it has been removed.
DEALER. Any person who is licensed by the U.S. Department of Agriculture as a dealer.
DOMESTIC ANIMAL. Any of various animals such as horses, sheep, cattle, goats, hogs, poultry and the like, domesticated by humans so as to live and breed in a tame condition.
EARTIPPING. The removal of the 1/4-inch tip of a community cat's left ear, performed while the cat is under anesthesia, to identify the community cat as being sterilized and lawfully vaccinated for rabies.
EXHIBITOR. Any person who is licensed by the U.S. Department of Agriculture as an exhibitor.
EXPOSED TO RABIES. An animal has been EXPOSED TO RABIES within the meaning of this chapter, if it has been bitten by, or been exposed to, any animal known or suspected to have been infected with rabies.
FERAL CAT. A cat that is not socialized.
IMPOUNDMENT. The placement of an animal in the custody of the County Animal Control Section or person or entity duly authorized by this chapter or the Board of County Commissioners or by state law for the purpose.
INHERENTLY DANGEROUS MAMMAL. Inherently dangerous mammal is any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans and which include:
(1) CANIDAE. Any member of the dog (canid) family not customarily domesticated by humans, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including, domestic dogs (Canis familiaris);
(2) FELIDAE. Any member of the cat family weighing over 15 pounds not customarily domesticated by humans, or any hybrids thereof, but not including, domestic cats (Fells catus); and
(3) URSIDAE. Any member of the bear family or any hybrids thereof.
KENNEL, DEALER or BREEDER. Any person, group of persons, partnership or corporation engaged in buying, selling, breeding or boarding animals.
NEUTERED. Any male animal, which has been operated upon to prevent reproduction.
OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal for more than five days. The owner is responsible for the care, actions and behavior of his or her animals. In the event that the owner of an animal is a minor, the parent or guardian of the minor shall be held liable for noncompliance with the provisions of this chapter. A person, group of persons, firm, partnership or corporation caring for or having temporary custody of a community cat as a community cat caregiver shall not be considered the owner or keeper of the cat.
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. A domesticated animal kept for pleasure rather than utility.
POTENTIALLY DANGEROUS DOG. Any dog which, when unprovoked and at large, on two separate occasions within the prior 24 month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury; or (b) any dog which, when unprovoked and at large, bites a person causing physical injury; or (c) any dog which, when unprovoked and at large within the prior 24 month period, has seriously bitten, inflicted injury or otherwise caused injury to a domestic animal. A POTENTIALLY DANGEORUS DOG may be reclassified as a dangerous dog if it has two or more separate POTENTIALLY DANGEROUS DOG violations within 24 consecutive months. A POTENTIALLY DANGEROUS DOG that does not have any reported violations for 36 consecutive months can have the label of POTENTIALLY DANGEROUS DOG removed. It is the responsibility of the dog owner to submit a request for designation removal to Animal Control after 36 consecutive months. The POTENTIALLY DANGEROUS DOG designation remains in effect until the dog owner receives written notification from Animal Control that it has been removed.
PREMISES. A definite portion of real estate, including land with its appurtenances, a building or part of a building curtilage.
RESTRAINT. An animal is under RESTRAINT within the meaning of this chapter if (a) it is within the real property limits of its owner; (b) it is secured by means of a leash or lead no more than six feet in length being held by an adult capable of controlling the animal; (c) it is in a vehicle in a manner that would prevent escape or contact with other persons or animals; or (d) it is within the dwelling house. This definition does not apply to dogs that have been deemed a dangerous dog or potentially dangerous dog.
RESTRAINT OF A DANGEROUS DOG. A dog that has been deemed a dangerous dog is under restraint within the meaning of this chapter if (a) it is within the real property limits of its owner and securely confined thereon by a solid, physical fence at least six feet in height and in the presence of an adult or securely confined within the home or a secure enclosure or (b) when the dangerous dog is off of the owner's real property, it is secured by means of a leash or lead no more than six feet in length being held by a competent person capable of controlling the dog and the dog is wearing an appropriately sized and secure basket muzzle. If a dangerous dog does escape the above requirements for RESTRAINT OF A DANGEROUS DOG, the owner may be required to install additional security measures, which may include but are not limited to (a) a 45 degree angled top to the fence to prevent the dog from climbing/jumping over the fence, (b) building a secure enclosure in which to contain the dog within the secure, solid fenced yard, (c) install preventative measures to prevent digging under the fence.
RESTRAINT OF A POTENTIALLY DANGEROUS DOG. A dog that has been designated a potentially dangerous dog is under restraint within the meaning of this chapter if it is within the real property limits of its owner and securely confined within a secure enclosure. While off the owner's real property, the definition of restraint applies.
SECURE ENCLOSURE. A fence or structure of adequate height, forming or causing a humane enclosure suitable to prevent the animal from escaping and to prevent the entry of children. Underground fence is not a secure enclosure.
SEVERE INJURY. Any physical injury that results in broken bones, severe lacerations, severe punctures, severe internal injuries or surgery.
SPAYED. Any female animal, which has been operated upon to prevent conception.
STERILIZATION. Any surgical or chemical procedure performed by a licensed veterinarian that renders any male or female animal permanently incapable of reproducing.
STRAY. Any animal, which is running at large or appears to be lost, unwanted or abandoned, or whose owner is unknown or not readily available.
TRAP-NEUTER-RETURN. The process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, and returning community cats to their original location.
(Ord. passed 5-3-2004; Am. Ord. passed 6-4-2012; Am. Ord. passed 11-20-2017)