For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED ANIMAL.
Any animal which has been:
(1) Intentionally or knowingly released from the owner’s control with the apparent intention of no longer providing care for the animal;
(2) Left at any location within the city by an owner and that owner fails to return to the property;
(3) Impounded or otherwise placed under the temporary control of the division of community services, and the person having been previously deemed to be the lawful owner of the animal refused to claim or properly redeem the animal.
ALTERED ANIMAL.
Any animal, male or female, whose reproductive organs have been surgically removed.
ANIMAL.
Any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.
ANIMAL CONTROL OFFICER.
The person or persons designated by the city to represent and act for the city in the impoundment of animals, controlling of stray animals and as otherwise required in this chapter.
ANIMAL SHELTER.
Any facility operated by a county or municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter.
ASSISTANCE ANIMAL.
Any animal which has been specifically trained by a recognized institution to assist its handicapped or disabled human partner with daily activities and tasks.
AT LARGE.
An animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent the animal from escaping from such premises, and so arranged that the animal will remain upon such premises when a leash, cord, chain or similar direct physical control of a maximum length of six feet, and not being kept physically restrained from leaving the premises of the owner. An animal shall not be considered at large when held and controlled by a person by means of a leash or chain of proper strength and length to control the action of the animal.
CAT.
Members of the feline species of all ages, both male and female.
DANGEROUS DOG.
A dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury which would cause a reasonable person to seek medical treatment whether or not that care was actually sought and occurs in a place other than a secure enclosure in which the dog was being kept which was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than a secure enclosure in which the dog was being kept which was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or
(3) Is accustomed to run, worry or kill goats, sheep or water fowl or other animals considered to be property; or
(4) Makes an unprovoked attack on another dog causing injury which would cause a reasonable person to seek veterinary care whether or not that care was actually sought.
DANGEROUS WILD ANIMAL.
Animals including: venomous lizard, poisonous snakes, constricting snakes, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, bobcats, servals, caracals, hyenas, coyotes, jackals, orangutan, gorillas, baboons, or any other wild animal capable of or inclined to do serious bodily harm to human or other animals or fowl.
DOG.
Members of the canine species of all ages, both male and female.
DOMESTIC ANIMAL.
Includes, but is not limited to, dogs, cats, pygmy goats, potbellied pigs and ferrets.
EXOTIC ANIMAL.
Animals that are not normally considered to be domesticated but may be reasonably kept as pet animals without posing any immediate danger to persons or other animals including, but not limited to: iguanas, non-poisonous snakes, non-constricting snakes, hedgehogs, chameleons and salamanders.
FOWL.
Chickens, turkeys, pheasant, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed, excluding ostriches, emus and/or rheas.
GUARD DOG.
Any dog that will, due to training, handling or conditioning, detect and warn its handler that an intruder is present in or near an area that is secured, and that may respond on command or independently, to protect its owner or handler or any property belonging to them.
LIVESTOCK.
Members of the equine, bovine, bird and ruminant species including, but not limited to, horses, mules, donkeys, cattle, goats, sheep, ostriches, emus, rheas and swine, regardless of age, sex or breed.
NUISANCE.
Any thing or animal which is injurious to the life, health or morals, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or which renders the ground, water, air or food a hazard or that is or threatens to become detrimental to the public health.
OWNER.
Any person who has legal or equitable title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises.
PET SHOP.
Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed kennel, that buys, sells or boards any species of pets.
POSSESSION.
Actual care, custody, control or management of a certain animal.
PREMISES.
A parcel of land of one or more continuous lots owned, leased or controlled by one or more person.
PROHIBITED ANIMALS.
A dangerous wild animal not normally considered domesticated, including, but not limited to, venomous lizard, poisonous snakes, boa, python, constricting snakes, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, bobcats, servals, caracals, hyenas, coyotes, jackals, orangutan, gorillas, baboons, or any other wild animal capable of or inclined to do serious bodily harm to humans or other animals or fowl.
PUBLIC NUISANCE ANIMAL.
Any animal that unreasonably disturbs humans, endangers the life or health of other animals or humans, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life and property. The term
PUBLIC NUISANCE ANIMAL
shall include, but is not limited to, any animal that:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Chases vehicles;
(5) Excessively makes disturbing noises including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(6) Causes fouling of the air by odor and thereby creates unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(8) Attacks other domestic animals; or
(9) Damages, soils, defiles or defecates on private property other than the owner’s property or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner.
SECURE ENCLOSURE.
A fenced area or structure that is:
(1) Locked;
(2) Capable of preventing the entry of the general public, including children;
(3) Capable of preventing the escape of a dog;
(4) Clearly marked as containing a dangerous dog; or
(5) In conformance with the requirements for secure enclosures as established within § 90.020.
SENIOR CITIZEN.
Any person 65 years of age or older.
STRAY.
To wander unrestrained upon a public place or upon property belonging to a person other than the owner of the animal.
UNPROVOKED.
With respect to an attack by a dog: The dog was not hit, kicked or struck by a person with any object or part of a person’s body, nor was any part of the dog’s body pulled, pinched or squeezed by a person.
VACCINATION.
An injection of any vaccine for rabies approved by the state Department of Health and administered or supervised by a licensed veterinarian.
VICIOUS ANIMAL.
Any animal, other than a dangerous dog, which bites, scratches, or otherwise threatens to bite or scratch any person while such person is on property other than that of the owner or keeper of such animal.
(Ord. 914, passed 10-14-04)