The following definitions shall apply to this chapter, unless
otherwise stated:
AGGRESSIVE
The charging of a person to within potential biting or striking
distance while snapping or snarling or growling or displaying teeth
in a threatening manner or exhibiting any behavior demonstrating a
potential attack.
ANIMAL
Any living dumb creature, domestic or wild, as defined in
this title as "dog," "domestic animal," "fowl," "horse," "livestock,"
or "predatory animal."
ANIMAL CONTROL OFFICER or OFFICER
Any person designated by the state, county commissioners,
or the Town, who is qualified to perform duties under the laws, regulations
or ordinances of the state or Town pertaining to animals or animal
control.
ANIMAL SHELTER
A facility recognized and designated by the governing body
for the purpose of impounding or caring for animals held under the
authority of this chapter.
AT LARGE
Physically off the property of its owner and not under immediate
restraint of a competent person; not controlled by a leash, lead,
rope, or reins; or not confined within a vehicle on a street or other
enclosure.
CONTROL
An animal must be confined to the property of the owner,
keeper or harborer of said animal, provided that the animal may be
taken off of that property when on a lead or leash no longer than
10 feet in length and under the control of a responsible person. Whether
a person is responsible shall be determined by giving due consideration
to the age of the person and the size and temperament of the animal.
This provision shall not apply to animals confined in a vehicle, cage,
pen, or similar enclosure or in the bed of a pick-up truck.
DOG
Any domesticated canine breed excluding wolf, coyote, fox,
other wild canine, or any hybrid thereof.
DOMESTIC ANIMAL
An animal habituated to live in or about the homes of human
beings.
FERAL
Untamed; wild; undomesticated.
FOWL or POULTRY
Chickens, ducks, geese, turkeys, grouse, or any other birds
used for producing eggs or meat.
HORSE
Any pony, mule, donkey, ass, horse or any other solid-hoofed
herbivorous ungulate mammal.
LEASH orLEAD
A thong, cord, rope, chain or similar device which holds
an animal in restraint.
LIVESTOCK
Horses, cattle, swine, sheep, goats, hogs, poultry, llamas,
alpacas, or other animal generally used for food or in the production
of food or fiber.
NOISY ANIMAL
Any domestic animal that habitually, constantly or frequently
disturbs the sleep, peace or quiet of any neighborhood or person,
or a dog that excessively, continuously or untimely barks, whines
or howls.
NUISANCE
The failure of an owner to exercise proper care and control
of the owner's animals to prevent them from producing annoyance,
discomfort or damage to persons or property. Without limiting the
foregoing, excessive, continuous or untimely barking, molesting passers-by,
chasing vehicles, attacking other domestic animals, trespassing upon
school grounds or private property, noxious or offensive odors emanating
from the animal's living quarters, or unsanitary living conditions
shall be deemed a nuisance.
OWN and OWNER
Applies to any person or persons, firm, association, or corporation
who shall own, possess, keep or harbor a domestic animal, fowl and/or
livestock, including the person named on an animal registration record
as owner, or who shall permit a domestic animal, livestock or fowl
to be fed or remain habitually in or about the premises under their
control. The parent or guardian of an owner shall be deemed the owner
for purposes of this title when the owner is under the age of 18 years.
For purposes of recovering stolen animals, a person named on the animal's
most recent registration record will be considered the animal's
owner.
PACK
A group of three or more animals of the same species.
PREMISES
The real property owned or occupied by the owner of the animal,
and includes any vehicles in which the owner of the animal is residing.
PROXIMITY
Next to its owner or another responsible person designated
by the owner and not greater than 10 feet distance in any direction
from its owner or another responsible person designated by the owner.
RESTRAINT
An animal shall be deemed to be under restraint if on the
premises of its owner; if accompanied by a responsible person and
under that person's control; or by confining an animal within
a fence or other enclosure which restricts it to a particular premises.
VICIOUS ANIMAL
Any animal which constitutes a physical threat to human beings
or other animals; or an animal which, when unprovoked, bites or attacks
or manifests a disposition to bite or attack any person or domestic
animal. Proof of the fact that the animal has bitten or attacked any
person or domestic animal at any place where the person has a legal
right to be may be used as evidence that the animal is vicious. A
certified animal trained and properly used as a guard, sentry, or
police dog shall not be considered a vicious animal.
No person shall have in his or her possession, care, custody
or control any impounded animal that has not been properly released
by an Animal Control Officer or other authorized agent or official.
The Animal Control Officer is authorized to advertise and place
for adoption all dogs, cats or other animals, which have been impounded
for a period of not less than five days. Any person wishing to adopt
an animal shall pay an adoption fee set by resolution of the Town
Council.
Any person who violates any provisions of this chapter for which violation no specific penalty is provided is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter
1, Article
IV, General Penalty of this Code. If any violation is continuing, each day's violation shall be deemed a separate violation.