For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To intentionally, knowingly, recklessly, unjustifiably, or negligently leave an animal at a location without providing for the animal’s care.
ABUSE AND NEGLECT. Includes the following:
(1) Failing to provide an animal with adequate food and adequate water;
(2) Molesting, harassing, injuring, setting on fire, or sexually assaulting any animal in a manner causing physical pain, suffering, or death to the animal;
(3) Failing to provide adequate medical attention for any sick, diseased, or injured animal in order to prevent physical pain, suffering, disability, or death to the animal;
(4) Keeping any animal under condition which causes or could cause physical pain, suffering, disability, or death to the animal or which increases the probability of the transmission of disease;
(5) Failing to provide adequate shelter, as defined herein, for an animal; and/or
(6) Conveying or confining any type of animal in a motor vehicle, wagon, or trailer, or in the bed of a truck in such a way as to cause physical pain, suffering, disability, or death to the animal.
ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, which is served in a sanitized receptacle, dish, or container.
ADEQUATE SHELTER. An enclosure having at least three solid sides, a roof, and a solid floor raised above the ground with sufficient room for the animal to move about freely and lie down comfortably, structurally sound, water and wind resistant, maintained in good repair and constructed in a manner to provide shade from the direct rays of the sun, adequate ventilation, and light. Barrel style enclosures are considered adequate provided they are kept in good, safe repair, waterproof, and are stable for the animal.
ADEQUATE WATER. A constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
ADOPTABLE ANIMAL. An animal that, in the opinion of the Animal Control Director, is physically well, spayed or neutered, exhibits behaviors or socialization and compatibility with living in the human environment, does not pose an undue risk of injury to people or other animals, and which would be considered desirable for companionship.
ANIMAL. Any live, vertebrate creature, specifically including, but not limited to, dogs, cats, farm animals, birds, fish, livestock, and reptiles.
ANIMAL CONTROL DIRECTOR. The department head of the county’s Animal Control Department, or Chief Animal Control Officer.
ANIMAL CONTROL OFFICER. A county employee and staff member of the county’s Animal Control Department authorized to enforce this chapter and all state laws regarding rabies and animals.
ANIMAL SHELTER. Any premises designated by the county for the purpose of impounding and providing care of animals found running at large or otherwise subject to impoundment in accordance with this chapter or state laws.
APPROPRIATE DOCUMENTATION. A rabies certificate or official veterinary record validating that the animal has, at least once previously, received a USDA-licensed rabies vaccination. If it was a single vaccination, the animal was vaccinated at least 28 days prior to the exposure date.
AT LARGE.
(1) Any animal found off of the real property of its owner or keeper and not under restraint of a competent person or any animal previously determined to be dangerous or potentially dangerous that is not under restraint or confined to a secure enclosure while on the property of its owner. This definition shall exclude:
(a) A dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties;
(b) A dog being used in a lawful hunt; and
(c) A dog working as a herding dog or predator control dog on the property of, or under the control of, its owner or keeper.
(2) For purposes of this definition, the term REAL PROPERTY shall include any property owned or occupied by the owner of such animal but shall not include any of the common areas (including without limitation, walks, drives, recreation and open space area, and the like) within any subdivision or multi-family residential development.
ATTACK. To approach in a terrorizing or threatening manner without teasing, molesting, provoking, beating, torturing, or otherwise being harmed.
BITE. The skin has been penetrated by an animal’s teeth or an animal seizing flesh with its teeth or jaws. This also includes cat scratches.
BUSINESS DAY. Any day that the county conducts routine business and that the animal control facility is open to the public.
CAT. Any and all domestic felines.
CONFINEMENT. Unless otherwise specified herein, means to secure within a building or similar adequate shelter so that the animal cannot escape without human assistance.
CONTROL. The power to direct, manage, oversee, and/or restrict the physical action of an animal.
CRUELTY and CRUEL TREATMENT. Every act, omission, or act of neglect whereby unjustifiable pain, suffering, or death is caused or permitted, or attempted to be caused or permitted against animals, as well as acts or attempted acts of teasing, molesting, baiting, or trapping of animals unlawfully or any acts prohibited by state law or this chapter.
DANGEROUS DOG. Any dog that:
(1) Without provocation has killed or inflicted severe injury on a person;
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or
(3) Any dog that is determined by the Animal Control Director as a potentially dangerous dog because the dog has engaged in previous behaviors defined as a potentially dangerous dog.
DOG. Any and all domestic canines.
DOMESTIC ANIMAL. Includes any dog, cat, or ferret that has been made tame by socialization and that is fit for the human environment.
EXOTIC ANIMAL. Any non-indigenous, predatory carnivores, including, but not limited to, lions, tigers, leopards, ocelots, jaguars, cheetah, wolves, or hybrids thereof. Exclusions to the definition of EXOTIC ANIMAL are restricted to traveling circuses or exhibits with a current authorization of and by federal law, state law, or county code or permit.
EXPOSED TO RABIES. Any person or animal that has been bitten by or otherwise come into contact with the saliva or nervous tissue of a proven rabid animal or any animal reasonably known or suspected to have been infected with rabies that is not available for laboratory diagnosis.
FERAL. A domestic animal which is not socialized.
FERRET. A domestic mammal of the genus, species, and subspecies Mustela putorius furo.
HEALTH DIRECTOR. The department head of the county’s Health Department.
IMPOUNDMENT. Possession or seizure of an animal by the county’s Animal Control Department.
IN ESTRUS. A female animal in what is commonly termed “in heat” or “in season”.
KEEPER. A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by such person.
NUISANCE.
(1) Any act of an animal or its owner that disturbs the rights and privileges common to the public or enjoyment of private property, damages real or personal property, or threatens the safety of a member of the general public or the general health and welfare of the general public.
(2) Actions defined as a NUISANCE include, but are not limited to:
(a) An animal that is at large;
(b) An animal that causes damage or soils the real or personal property of another;
(c) Failing to confine a female dog or cat while in estrus in a building or secure enclosure in such a manner that she cannot come into contact with another dog or cat or create a nuisance by attracting other animals. However, this division (2)(c) shall not be construed to prohibit the intentional breeding of animals within an enclosed, concealed area on the premises of the owner of an animal which is being bred.
(d) An animal that chases, snaps at, or otherwise molests persons or other animals;
(e) An animal allowed to loiter on public or private places; and
(f) An animal that is diseased or unsafe to the health of the public unless under the care of a licensed veterinarian or a person as designated by the Health Director.
(3) The barking of dogs, regardless of the manner or repetition of the barking, is specifically excluded as a NUISANCE under the purview of this section.
OWNER. Any person, legal entity, firm, partnership, or corporation owning, keeping, having charge of, or that has a possessory right in an animal.
OWNER’S OBSERVATION. Under the owner’s strict supervision and control (leash walk, fenced yard, no travel or boarding unless approved by the local department of health, no outings at doggie park or other parks, and the like). There should be no contact with animals or people other than the caretaker(s) until the local health director has released the animal from the 45-day observation period.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner of an animal but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
PERSON. Any individual, family, group of individuals, corporation, partnership, organization, or institution recognized by law as a person.
POTENTIALLY DANGEROUS DOG. Includes:
(1) A dog that is determined by the Animal Control Director to be potentially dangerous because the dog has engaged in one or more following behaviors:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization;
(b) Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or
(c) Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.
(2) Exclusions to the definition of POTENTIALLY DANGEROUS DOG are restricted to:
(a) A dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties;
(b) A dog being used in a lawful hunt;
(c) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or
(d) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
PROVOCATION. Any act towards an animal that a reasonable person would expect to irritate or enrage such an animal to the extent that the animal would be likely to bite or attack, including, but not limited to, teasing, harassing, beating, torturing, injuring, or intentionally causing pain to an animal. PROVOCATION does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense or defense of others.
RABIES. The acute viral disease of the central nervous system that affects humans and other mammals, also known as hydrophobia.
RABIES VACCINE. An animal rabies vaccine licensed by the United States Department of Agriculture and approved for use in this state by the Commission for Public Health.
RABIES VECTOR. Any species commonly recognized to be a carrier of rabies, such as, but not limited to, dogs, cats, raccoons, foxes, skunks, coyote, and bats.
RESTRAINT. To limit the movement of an animal by means of a chain, leash, fence, or other physical or electronic device of sufficient strength, which allows the control of an animal.
SECURE ENCLOSURE. Unless otherwise specifically defined herein, means an enclosure from which an animal cannot escape by means of digging under, going through, or jumping over the enclosure, or otherwise becoming free unless freed by the owner.
SECURITY DOG. Any dog used, kept, or maintained by its owner or keeper for the purpose of protecting any person or property.
SEROLOGIC MONITORING. Blood testing for an animal that has been exposed to rabies when the owner is not able to provide documentation of a past rabies vaccine. It is a method for evaluating an animal’s immune response as evidence of prior rabies vaccination.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or requires reconstructive surgery or hospitalization.
STRAY or LOST. Any animal found within the county or applicable municipality wandering at large which does not have an owner and does not bear evidence of identification of any owner, or any animal whose owner, if determinable, has failed to attach a valid rabies tag or identification tag for the animal.
SURRENDER. To give up entirely, to relinquish all ownership rights of an animal.
VACCINATION. The administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.
WILD ANIMAL. Any animal that is not domesticated. A hybrid of any animal, regardless of genetic percentages, shall be deemed a WILD ANIMAL.
(Ord. passed 6-2-2018)