[R.O. 2012 §210.010; Ord. No. 2854 §1(A — B), 8-11-2003; Ord. No. 3454 §1, 4-20-2009]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter, and health care as necessary
to maintain good health in a specific species of animal.
ADEQUATE SHELTER
Structurally sound, properly ventilated and weather-proofed
housing which is large enough to allow the animal housed in it to
stand up, turn around and lie down; is equipped with bedding that
will not absorb water and/or freeze; and will not exacerbate existing
weather conditions by, for example, absorbing heat on hot sunny days
or excessive size which would not retain body heat in winter. This
adequate shelter must be located at least six (6) feet from side or
rear property line.
AFFECTED WITH RABIES
Manifesting any of the characteristic symptoms of rabies
as described in any standard medical textbook.
ANIMAL
Every living vertebrate except a human being.
AT LARGE
Off the premises of the owner, and not under the control
of a competent person. All animals and domestic others shall be leashed
at all times by a competent person.
AUCTION
Any place where animals are regularly bought, sold or traded.
BITE
Breaking of the skin caused by an animal.
CAT
Any male or female member of the domestic feline family.
CIRCUS
A commercial variety show featuring animal acts for public
entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibition, or kennel.
COMPETENT PERSON
A human being who is capable of controlling and governing
the animal in question.
DANGEROUS ANIMAL
Any animal with the following characteristics shall be classified
as dangerous:
1.
Any animal which has inflicted a severe or fatal injury on a
human, on public or private property. The victim receiving severe
injuries, or the victim's parent or guardian, must provide the Police
Department with a signed physician's statement, documenting injury
and treatment qualifying such as a severe injury, or sign an authorization
for the release of such statement.
2.
Any animal which has killed or injured a domestic animal, livestock
or poultry without provocation, while off the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting, or any dog trained for dog fighting.
4.
Any animal which has bitten a human being, without provocation
on public or private property other than the owner's.
5.
Any animal which, while on the owner's property, has bitten,
without provocation, a human being other than the owner.
6.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public grounds, or private property
other than that of the owner, in a menacing fashion or apparent attitudes
of attack, regardless of whether or not a person is injured by said
animal.
7.
Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury, or to otherwise threaten the
safety of human beings or domestic animals.
8.
For the purposes of this Chapter and the definition of dangerous
animal, in determining whether or not an animal has been provoked,
Law Enforcement Officers and the Public Safety Committee shall take
into consideration all of the circumstances surrounding the subject
investigation to specifically include, but not necessarily limited
to, whether or not the animal in question was guarding the property
of its owner and whether or not the animal in question had been teased,
aggravated or harmed by the victim or anyone with the victim at the
time of the bite or attack. If it is determined that the animal in
question was guarding property or had been hurt, teased or aggravated
at the time of the incident, it shall be presumed that the animal
was provoked.
DOG
Any male or female of the domestic canine family.
EXPOSED TO RABIES
Having been bitten or scratched by, or having fought or come
in contact with an animal affected with rabies.
EUTHANIZE
To put to death in a humane manner.
FARM ANIMALS
Any animal which is normally considered domesticated but
which is usually kept for purposes other than as a pet. This definition
shall include, but not be limited to, cows, horses, pigs, goats, sheep
and poultry.
FOWL
Any member of the avian species. This definition includes,
but is not limited to, chickens, geese, ducks and pigeons.
GROOMING SHOP
A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
KENNEL
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs, cats, or other domestic animals including, but not
limited to, fowl. Any premises having a combined total of four (4)
or more dogs, cats or other domestic animals including, but not limited
to, fowl, over the age of four (4) months is subject to kennel regulations.
OWNER
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
PET
Any animal kept for pleasure rather than utility. Hunting
dogs are included in the pet category.
PET SHOP
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, that buys, sells, or boards any species of
animal.
POULTRY
Domestic fowls, including, but not limited to, chickens,
turkeys, ducks or geese, raised for meat or eggs.
PUBLIC SAFETY COMMITTEE
That committee which is appointed by the Mayor and approved
by the Board of Aldermen which shall have the responsibility of determining
whether or not a given animal is a "dangerous animal" within the meaning of this Chapter.
RIDING SCHOOL OR STABLE
Any place which has available for hire, boarding, and/or
riding instruction, any horse, pony, donkey, mule, or burro.
SEVERE INJURY
Any physical injury to a human or domestic animal, resulting
directly from an animal's bite and/or actions which result in broken
bones or lacerations requiring stitches or in-patient hospitalization,
or any injury which requires two (2) or more visits for medical attention
to a physician or veterinarian, shall be documented by a signed physician's
or veterinarian's statement.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
WILD ANIMAL
Any live non-human primate (monkeys, chimpanzees, apes, gorillas
and lemurs), kinkajou, coatamuni, raccoon, fox, skunk, pigeon, poisonous
reptiles, venomous snakes, constrictor reptiles, crocodilian reptiles
two (2) feet or more in length including alligators, crocodiles, and
caimans, bear, wolf, wolf hybrids, coyote, coyote hybrids (coydogs),
cougar, leopard, jaguar, tiger, lion, lynx, bobcat, ocelot, or any
crossbreeds of the above. Wild animals does not include insects, fish,
avian species, or other reptiles, mammals, or animals not listed above.
ZOOLOGICAL PARK
Any facility, other than a pet shop or kennel, displaying
or exhibiting one (1) or more species of non-domesticated animals
operated by a person, partnership, corporation, or government agency.
[R.O. 2012 §210.030; Ord. No. 4116 § 1, 6-12-2017]
A. No person or business shall keep any wild or dangerous animal for
display or for exhibition purposes, whether gratuitously or for a
fee. This Section shall not be construed to apply to zoological parks,
performing animal exhibitions or circuses or those exhibitions of
wild animals that have received and maintain a permit from the United
States Department of Agriculture.
B. No person shall keep or permit to keep any wild animal as a pet.
[R.O. 2012 §210.040]
Honey bees may be kept only in zoning district "NU" and only
after obtaining a conditional use permit.
[R.O. 2012 §210.060]
Every person who owns, controls, manages, possesses any dog,
cat or domestic other, or who permits a dog, cat or domestic other
to come or remain in or about any home, place, business or other premises
owned or controlled by such person, shall purchase an I.D. tag with
the animal's name, owner's name, address, area code and phone number,
and fasten it securely to the collar or harness of the animal. A rabies
tag shall also be considered an I.D. tag if it is issued by a licensed
veterinarian.