§ 4-2. Definitions.

When used in this chapter, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any live creature, both domestic and wild, except humans. The term "animal" includes fowl, fish, and reptiles.

Animal control means the animal control unit of the city police department.

Animal control officer means an employee or agent of the city, designated by the chief of police to administer and enforce the licensing, inspection, and enforcement requirements contained within this chapter.

Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries.

Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.

Animal shelter means any facility operated by the city for the temporary care, confinement and detention of animals and for the humane euthanasia and other disposition of animals. The term "animal shelter" also includes any private facility authorized by the city to impound, confine, detain, care for or destroy any animal.

At large means that an animal is:

(1)

On the premises of the owner and is not tied, staked, or restrained securely within an enclosure or fence capable of fully and totally securing the animal; or

(2)

Off the premises of the owner, and is not on a leash under the immediate control of a person physically capable of restraining the animal or is not restrained securely within an enclosure or fence capable of fully and totally securing the animal.

Cat means any member of the family felis domestica.

Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care, grooming when lack thereof would adversely affect the health of the animal or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as in medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination and animal training and hunting, the term "cruelty" means a failure to employ the most humane method available.

Dangerous animal means one that has made an unprovoked attack on a human being or another animal. A dangerous animal does not include guard or attack dogs as defined in this section, as long as such guard or attack dogs are restrained and confined in compliance with section 4-84.

Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. The term "disposition" includes placement or sale of an animal to the general public, or removal of animal from any pet shop to any other location.

Dog means any member of the family canis familiaris.

Domestic animal includes livestock, caged or penned fowl, pigeons, normal household pets, such as, but not limited to, dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles or nonpoisonous snakes.

Exotic or wild animal.

(1)

The term "exotic or wild animal" means any live monkey, alligator, crocodile, Cayman, raccoon, opossum, skunk, fox, wolf, sea mammal, bear, poisonous snake, nonhuman primate, prairie dogs, African Servals, member of the feline species other than domestic cat (felis domestica), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or livestock.

(2)

The term "exotic or wild animal" does not include domestic cats (excluding hybrids with ocelots or margays), domestic dogs (excluding hybrids with wolves, coyotes or jackals), farm animals, rodents and captive-bred species of common cage birds.

Fowl means any goose, pheasant, chicken, prairie chicken, peacock, guinea, duck, turkey, and other normally undomesticated fowl.

Guard or attack dog means a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.

Impoundment means the taking into custody of an animal by any police officer, animal control officer or any authorized representative thereof.

Livestock means any horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenney, llama, all species of goats, all species of cattle or an emu, ostrich or rhea.

Muzzle means a device constructed of strong, soft material designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

Organized sporting or recreational event means any event which is held on a playing field or other area located at a city-owned park or other city-owned property, and which requires the participants to obtain prior approval of the parks and recreation department of the city for the use of the city-owned park or other property.

Owner means any person, firm, association or corporation, having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.

Playing field or area means any portion of a city-owned park or other city-owned property on which the participants in a sporting or recreational event may engage in an authorized activity, and includes, but is not limited to, any area designated for spectators to view said event, areas where participants may rest while not engaged in said event, and any area where concession stands are situated.

Public nuisance animal means 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. The term "public nuisance animal" includes, but is not limited to:

(1)

Any animal that is found running at large more than three times in a 12-month period;

(2)

Any dog in a park or public recreation area unless the dog is controlled by a leash or similar physical restraint;

(3)

Any animal that damages, soils, defiles or defecates on any property other than that of its owner;

(4)

Any animal that 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;

(5)

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(6)

Any animal in heat that is not confined so as to prevent attraction or contact with other animals;

(7)

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;

(8)

Any animal that chases motor vehicles in a public right-of-way;

(9)

Any animal that attacks a domestic animal;

(10)

Any animal that causes unsanitary conditions in enclosures or surroundings where that animal is kept or harbored;

(11)

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.

Riding stable/school or academy means a camp or school where horseback riding is taught on a regular basis for financial gain.

Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission.

Under restraint means that an animal is secured by a leash, or securely enclosed within the real property limits of the owner's premises.

(Code 1990, ch. 2, § 3)