For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any member of the animal kingdom, except humans, whether wild or domesticated.
AT LARGE. Off the premises of the custodian of the animal and upon any public street, highway, or grounds or upon private property other than the private property of the custodian without the owner’s consent. However, AT LARGE shall not mean that the animal was off the premises of the custodian when under the immediate control of the custodian by means of an enclosure, leash or rope not to exceed 12 feet in length, or by other means of immediate effective control by the custodian.
CUSTODIAN. The person, individual, association, firm, joint venture, trust, corporation, or any other entity owning or otherwise having the care, custody, or control of any animal.
DELETERIOUS EXOTIC ANIMALS. Any live animal, or hybrid thereof, that is not native to the state or who has otherwise been determined to be dangerous to humans or the environment, other than livestock, agriculture, or wildlife.
DOG. Any wild or domesticated carnivorous mammal being a member of the scientific family Canidae, or Canis familiaris, whether male or female or neuter.
LIVESTOCK. Cattle, domestic bison, swine, horses, mules, asses, domestic corvidae, sheep, goats, camelids, and ratites.
NEUTERED. Rendered permanently incapable of reproduction.
NUISANCE DOG OR ANIMAL. Any person who keeps or harbors any animal, dog, or dogs that frequently and habitually howl, yelp, or bark, shall be considered a NUISANCE. Likewise, any animal that damages, soils, defiles, or defecates on private property other than the custodian’s, or on public walks and recreation areas, unless such waste is immediately removed and properly disposed of by the custodian, or that causes unsanitary, dangerous, or offensive conditions to exist, or that chases vehicles, or molests, attacks, or interferes with persons or other domestic animals.
OWNER. Any person, business, firm, corporation, or their agent, owning or keeping any dog or wild animal; the occupant of any premises on which a dog or animal customarily resides shall be considered to be the OWNER or keeper of the animal.
POSSESS. To confine, control, keep, have, hold, house, or own for any period of time.
PREMISES. The property upon which the custodian keeps or maintains his or her animal(s), whether such property is owned, rented, leased, or otherwise occupied or made available to the custodian.
RESTRAINT. An animal shall be considered under RESTRAINT if it is within the real property limits of its custodian or secured by a leash, rope, or lead not to exceed 12 feet in length.
RUN OR RUNNING. Being present, and does not refer solely to the actual activity of rapid movement.
VICIOUS ANIMAL.
(1) Includes:
(a) Any animal which, when unprovoked, in a vicious, terrorizing, or threatening manner approaches any person in an apparent attitude of attack, or threatening to attack, upon the streets, sidewalks, or any public grounds, places, or private property not owned or possessed by the owner of the animal;
(b) Any animal with a known propensity, tendency, or disposition to attack, unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(c) Any animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation; and/or
(d) Any animal owned or harbored, primarily or in part, for the purpose of fighting or an animal trained for fighting.
(2) Notwithstanding the definition of a VICIOUS ANIMAL, no animal may be declared vicious if the injury or damage is sustained by a person who was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or was teasing, tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime; or if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(Prior Code, § 5-4A-3) (Ord. 2013-02, passed 7-10-2013)