For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL OFFICER. All peace officers, as that term is defined in state law, as well as all duly appointed Animal Control Officers or dog wardens appointed by the City and/or deputized by the Sheriff to carry out and enforce this section.
AT LARGE. An animal is off the premises of the owner, keeper or responsible custodian of the animal and not on a leash or confined within a kennel, cage or motor vehicle, or otherwise under the immediate control of a person physically capable of restraining the animal.
CAT. Both male and female animals of the feline species which are domesticated.
DANGEROUS OR VICIOUS ANIMAL. Any animal that attacks, bites or injures human beings, domestic animals or livestock without adequate provocation, or which because of its nature, temperament, training or other characteristics, would constitute an unreasonable danger to human life or property if not kept, maintained or confined in a safe and secure manner. Any animal that, without provocation, has aggressively bitten or caused any physical injury to any human being, domestic animal or livestock shall be prima facie presumed VICIOUS OR DANGEROUS.
DOG. Both male and female animals of the canine species, whether altered or not.
IMPOUND. The holding of an animal in the pound pending claim by its owner.
LEASH. A line, chain or lead of appropriate length to control or restrain an animal and does not include an electronic leash or shock collar.
NUISANCE.
(1) Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property.
(2) The term
NUISANCE shall include, but not be limited to:
(a) Any animal that is repeatedly (more than two separate occurrences) found running at large;
(b) Any dog in any section of a park or public recreation area which is not controlled by a leash or similar physical restraint, except in such parks or public areas designated exempt;
(c) Any animal that damages, soils, defiles or defecates on any property other than that of its owner, with the exception of service animals authorized under the Americans with Disabilities Act;
(d) Any animal that makes disturbing noises including, but not limited to, continued and repeated howling, barking, whining, crowing or other utterances causing unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(e) Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(f) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons in a public right-of- way;
(g) Any animal that chases motor vehicles in a public right-of-way;
(h) Any animal that attacks domestic animals;
(i) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; and
(j) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
OWNER. Any person owning, keeping or harboring a dog or other animal.
PREMISES OF THE OWNER. The property of the owner, but does not include the public right-of-way, the sidewalk or other publicly traveled portion of the road, street or alley.
POUND. The place provided by the City for the impounding of dogs or other animals.
VACCINATION. The injection of an approved vaccine by a licensed veterinarian for the purpose of immunizing a dog against rabies or other communicable and harmful diseases.
WITHOUT PROVOCATION. An act which is not done intentionally for the purpose of aggravating or inciting another, acting in an aggressive manner or attacking without adequate reason; attacking another animal or human being which is not specifically threatening harm to an animal or owner. Mere presence on the premises of the owner does not amount to provocation. (Ord. 356, passed 12-7-2015)