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As used in this chapter:
(a) “At large” means any animal when not on a leash or in a fenced (electronic or otherwise) area.
(b) "Caring," "keeping" or "harboring" means any act by any person:
(1) Allowing any animal to habitually remain or be lodged at one's premises;
(2) Allowing any animal to be fed within or at one's premises on a regular basis; or
(3) Exercising control over an animal.
(c) "Kennel" means any establishment wherein or whereon any person keeps or has possession of more than two dogs that are not owned by such person for a period of more than three days, but on a temporary basis. "Kennel" does not include a veterinary hospital or clinic and does not include any pet shop or pet grooming shop.
(d) "Humane manner" means the care required for an animal and includes, but is not limited to the provision of an adequately heated ventilated and sanitary shelter and wholesome food and water consistent with the normal requirements and feeding habits of the animal's size, species and breed.
(e) "Owner" means a person, firm, or corporation who owns, keeping, possessing, harboring or having the care or custody of a dog or other animal.
(f) "Person" means any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
(g) "Police Division" means any member of the Police Division of the City.
(h) "Premises" means any house, residential unit, store, building, land or other type of enclosure.
(i) "Pup" means any dog under the age of four months.
(Ord. 2006-19. Passed 9-19-06.)
(j) "Under restraint" means that an animal is:
(1) Within the real property limits of its owner;
(2) Secured by a leash or lead; or
(3) Confined in a closed vehicle or shipping receptacle.
(k) "Vicious dog" means:
(1) Any dog with a known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or
(2) Any dog which, without provocation, has attacked or bitten a human being or domestic animal; or
(3) Any dog owned or harbored primarily or in part for the purpose of fighting, or any dog trained for dog fighting; or
(4) Any dog which, without provocation, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack; this subsection does not apply to any dog on the property of its owner or to a dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(l) “Dangerous animal” means a dog or other animal that bites or attacks a person, or an animal that bites or attacks and causes serious injury or death to another animal while the other animal is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:
(1) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner.
(2) An animal that bites or attacks a person who provokes or torments the animal at time of the incident.
(3) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(m) "Livestock" means animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats.
(n) "Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
(o) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.
(p) "Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.
(Ord. 1988-11. Passed 6-7-88; Ord. 2005-24. Passed 5-17-05.)
(q) “Animal” means, but is not limited to, pigs, cows, cats, dogs, sheep, goats, chickens, ducks, rabbits, ponies, horses and such other animals as may be kept in the city.
(Ord. 2008-09. Passed 11-18-08.)