For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To deposit, leave, drop off or otherwise dispose of any live domestic animal without providing immediate humane care on any public or private property.
AGENT. Person(s) 18 years or older authorized by an owner to act in the owner’s behalf.
ALTERED ANIMAL. Any animal that has been operated on to prevent it from procreating.
ANIMAL. Any live non-human vertebrate creature, domestic, wild or exotic.
ANIMAL CONTROL AGENCY. Any governmental or private entity charged with or contracted with the given authority for the enforcement of the provisions of this chapter for and on behalf of the Town.
ANIMAL PERFORMANCES OR EXHIBITIONS. Any spectacle, performance, display, act, exhibition or event in which an animal or animals are used.
ANIMAL SHELTER. A facility or vehicle operated by a governmental or private entity for the purpose of providing or promoting animal welfare and humane treatment of animals.
AT LARGE. Any animal that is not under restraint and not on the animal owners’ property.
ATTACK DOG. Any dog trained to attack upon command or those which do attack or have attacked another animal or human being upon command. This definition is intended to cover dogs bred for fighting, and shall include, but not be limited to, the breed of dog commonly referred to as the American Pit Bull, or American Pit Bull Terrier, or Pit Bull Terrier, or cross-breeds therewith, which breed is hereby found and considered to be unsafe and potentially hazardous to the citizens of the Town. This definition excludes K-9 Corps dogs in use by the law enforcement agencies.
AUCTION. Any place or facility where animals are regularly bought, sold or traded by means of auction sale, except for those facilities otherwise defined in this chapter or state law.
BREEDER. Any person, for-profit business or corporation which harbors or keeps dogs and/or cats, and allows or causes those animals to procreate for the purpose of selling said animals for profit.
CONTROLLED ANIMAL. Any animal not defined as a domestic animal in this chapter, with the exception of small, non-poisonous aquatic or non-poisonous amphibious animals, non-poisonous reptilian and caged birds, and possession of which requires a valid Town controlled animal permit. Such CONTROLLED ANIMALS shall include, but not be limited to, the following:
(1) All poisonous animals, including rear-fang snakes;
(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus);
(3) Baboons (Papoe, Mandrilluis);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Bobcats;
(7) Cheetahs (Acinonyx jubatus);
(8) Crocodilians (Crocodilia);
(9) Constrictor snakes, including, but not limited to, boa, python and anaconda;
(10) Coyotes (Canis latrans);
(11) Deer (Cervidae), includes all member of the deer family, for example, white-tailed deer, elk, antelope and moose;
(12) Elephants (Elephas and Loxodonta);
(13) Game cocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera onca);
(17) Leopards (Panthera pardus);
(18) Lions (Panthera leo);
(19) Lynxes (Lynx);
(20) Monkeys;
(21) Ostriches (Struthio);
(22) Piranha fish (Characidae);
(23) Pumas (Felis concolor); also known as cougars, mountain lions and panthers;
(24) Rhinoceroses (Rhinocero tidae);
(25) Sharks (class Chondrichthyes);
(26) Snow Leopards (Panthera uncial);
(27) Spiders and insects which are poisonous;
(28) Tigers (Panthera tigris); and
(29) Wolves (Canis lupus).
DANGEROUS ANIMAL.
(1) Any animal:
(a) That has, off its owner’s property, attacked another animal or livestock;
(b) Which has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner’s property;
(c) Which has bitten or attacked a person, causing wounds or injuries creating a potential danger to the health and life of the victim; or
(d) Which is found to be at large three times or more.
(2) However, no animal shall be a DANGEROUS ANIMAL if injury or damage is inflicted by that animal upon a person or another animal if such person or other animal, at the time such injury or damage was sustained, was committing a willful trespass upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. This definition excludes K-9 Corps dogs in use by law enforcement agencies.
DOMESTIC ANIMAL. Any animal that is a member of one of the following species:
(1) Dog (Canis Familiaris);
(2) Cat (Felis Cattus or Felis Domesticus);
(3) Cattle (Bos Domesticus or Bos Taurus or Bos Indicus);
(4) Horse (Equus Caballus);
(5) Donkey (Equus Asinus);
(6) Sheep (Ovis Aries);
(7) Goat (Capra Hilrcus);
(8) Rabbit (Oryctolagus Cuniculus);
(9) Mouse (Mus Musculus);
(10) Rat (Rattus Rattus);
(11) Guinea Pig (Cavis Procellus);
(12) Hamster (Mesocriecetus Auratus);
(13) Gerbil (Gerbillus Gerbillius);
(14) Cow or Ox (Bovine); and
(15) Pigeon, homing or racing chicken, turkey, goose, duck.
ESCAPE-PROOF ENCLOSURE. The owner’s home or an enclosure at least six feet by 12 feet, constructed of ten-gauge commercial chain link steel wire at least seven feet high above grade unless covered with a roof of similar wire, and two feet of similar wire buried below grade unless there is a cement floor. (If the dog escapes the enclosure, a five-sided enclosure on concrete will be required.)
EXOTIC ANIMAL. Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish, and fur-bearing animals commercially bred for the furrier trade and birds protected under federal laws and regulations.
EXPOSED TO RABIES. Any human or non-human warm blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies.
FOWL. Any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots or similar type of birds normally kept in cages.
GUIDE DOGS. Dogs formally trained to assist disabled persons.
HARBORING. The actions of any person that permit any animal habitually to remain or lodge or to be fed within his or her home, store, enclosure, year or 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 consecutive days or more.
HUMANE OFFICER(S). Any person(s) and/or agency designated by the state, or the Town, as a person(s) who is qualified to perform the duties required by the law of the Town and state regarding animals.
NOT-FOR-PROFIT. A business, association, or entity established or organized as a “not-for-profit” corporation under state law or recognized as “not-for-profit” by the Internal Revenue Service or the State Department of Revenue. “For-profit” means all other types of businesses, associations or entities.
OWNER. Any person age 18 years or older, partnership or corporation owning, keeping or harboring one or more animals.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any person, group of person, partnership or corporation, whether operated separately or in connection with another business enterprise, engaged in the humane care and possession for sale, display and sale of pets.
PUBLIC NUISANCE. Any animal or animals which:
(1) Interferes with passers-by or passing vehicles;
(2) Attacks other animals or persons;
(3) Is at large;
(4) Damages private or public property;
(5) Causes frequent or long continued loud noises or other sounds common to its species which disturbs the comfort or repose of any person in the immediate neighborhood;
(6) Causes foul or noxious odors which offend residents in the neighborhood; and/or
(7) Is at large or on a public playground, swimming pool or school yard unless the animal is authorized by school officials.
RABIES VACCINATION. The injection by a licensed veterinarian of a dog or cat or other animal with a rabies vaccine licensed by the U.S.D.A. State Board of Health.
RESTRAINT. The securing of an animal by leash or lead or confining it within the real property limits of its owner or agent.
STRAY. Any animal that is not within the real property limits of its owner and is not under restraint or is unattended.
VETERINARIAN. Any person licensed and accredited to practice veterinary medicine in the state.
WILD ANIMAL. Any animal not a domestic or exotic animal, with the exception of small, non-poisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state.
ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species or non-domesticated animals operated by a person, partnership, corporation or governmental agency that is established for educational purposes and is properly zoned for such use and which possesses valid licenses and permits as required under federal or state law.
(2005 Code, § 71.01) (Ord. 1992-04, passed 10-19-1992)