Certain words used in this chapter are defined as follows:
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 to enforce this chapter.
Animal shelter.
A facility designated or recognized by the city for the purpose of impounding and caring for animals.
At large.
When an animal is off the property of the owner and not under restraint, confined within an automobile or located within ten feet of its owner and obedient to the owner’s voice commands.
Cat.
Felis catus.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person or another dog that causes bodily injury and that occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that 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.
Direct physical control.
Within the owner’s observation and in such close proximity as to permit the owner reasonable opportunity to control the animal, should it become necessary to do so in order to protect the animal, a human or another animal from harm.
Dog.
A domesticated member of the family Canidae, but shall not include a wolf, jackal, fox, or other member of this family.
Dog tethering.
Using a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object.
Fowl.
Any domesticated or barnyard bird.
Guard dog.
Any dog trained or used to protect persons, premises or property by attacking or threatening to attack any person found within the area patrolled by the dog.
Humane manner.
Care of an animal, to include but not be limited to adequate heat, ventilation, sanitary shelter, wholesome food and water consistent with the normal requirements and feeding habits of the animal’s size, species and breed.
Licensed veterinarian.
A veterinarian licensed to practice veterinary medicine in one or more of the 50 states of the United States of America.
Livestock.
Includes horses, mules, jacks, jennets, cattle, sheep, goats and swine or other similar animals commonly classified as livestock.
Nuisance.
An animal that damages, soils, defiles or defecates on private property other than the owner’s, or on public walks and recreation areas, unless the waste is immediately removed and properly disposed of by the owner; causes a disturbance by noise-making; chases vehicles; or molests, attacks or interferes with persons or domestic animals on private property.
Owner.
Any person, firm, or corporation having title to any animal or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, who permits an animal to remain on or about his premises, or who provides food for an animal.
Person.
An individual, corporation, government or governmental subdivision, or agency, business trust, estate, partnership, association, or any other legal entity.
Properly fitted with respect to a collar or other neck restraint.
One that measures the circumference of a dog’s neck plus at least one inch. With respect to a harness, properly fitted means one that is of an adequate size, design, and construction as appropriate for the dog’s size and weight.
Quarantine.
Strict confinement under restraint by closed cage or padlock or in any other manner approved by the animal control officer.
Rabies.
An acute viral disease of man and animal affecting the central nervous system and usually transmitted by animal bite.
Registration authority.
An agency or department of the city or any designated representative thereof charged with administering the issuance of registration under provisions of this article.
Restraint.
An animal is under restraint only when:
(1) 
Confined within a fenced or walled enclosure that does not permit exit by the animal acting alone;
(2) 
Fastened by a lead, rope or chain that restricts movement by the animal to an area of no more than a ten-foot radius;
(3) 
Under the control of a person by either a ten-foot lead/leash or at heel and obedient to spoken command; or
(4) 
Enclosed without means of exit in a motor vehicle or, when on a vehicle bed, affixed and restrained by a lead that restricts the animal to the vehicle.
Running at large.
Not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner’s private property.
Secure enclosure.
A fenced area that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures established by the city.
Show animal.
Any animal traditionally raised for entry into 4H, FFA, or similar programs.
Stray.
Any animal running free with no physical restraint beyond the premises of the owner and/or keeper.
Unprovoked.
With respect to an attack or attempt to attack by a dog, the dog was not hit, kicked, or struck by a person with any object or part of the attacked person’s body nor was any part of the dog’s body pulled, pinched, or squeezed or in any other manner provoked by the person attacked.
Vicious animal.
Any animal that shall bite, scratch or otherwise attack any person or other animal (of any type) without provocation, while the person so attacked was not trespassing on the property of the owner or person having custody or control of the animal and was not engaged in an assault upon either the owner or person having custody or control of the animal or upon any member of the immediate family of the owner, or any animal found to demonstrate fierce propensities in relation to persons, property or animals.
Vicious animal.
Any individual animal of any species that has on two previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the animal control officer has reason to believe has a dangerous disposition, or any species of animal which the animal control officer has reason to believe has a dangerous disposition likely to be harmful to humans or other animals; and shall include a dangerous dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and 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.
Wild animal.
Any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state not normally capable of being domesticated, including but not limited to skunks, foxes, leopards, panthers, tigers, lions, and lynx, unless certified for medical, biological, herpetological, or other scientific research or study.
(Ordinance 612 adopted 11/9/10; Ordinance 627, sec. I, adopted 2/12/13)
Any person violating any provision of this chapter shall, upon conviction thereof, be fined in accordance with section 1.01.009 of this code and such person shall be deemed guilty of a separate offense for each and every day or portion thereof in which the violation is continued or permitted.
(Ordinance 612 adopted 11/9/10)
(a) 
Generally.
Enforcement of this chapter shall be the responsibility of any animal control officer of the city or his designee. It shall be unlawful for any person to interfere with any person authorized to enforce this chapter in the performance of his duties.
(b) 
Complaints.
Witnesses to an act which is in violation of the provisions of this chapter may institute enforcement by the filing of a complaint in municipal court.
(c) 
Pursuit of animal running at large.
When the animal control officer or any peace officer has commenced pursuit of an animal running at large, he or she may continue said pursuit and follow the animal onto any unenclosed private property for the purpose of apprehending it as soon as possible.
(d) 
It shall be a misdemeanor for any person to interfere with, hinder or molest any agent of the animal control officer in the performance of any duty as herein provided.
(Ordinance 612 adopted 11/9/10)
Any person who shall, within the city, take and use or take up and use any animal or fowl, the property of another, without the consent of the owner thereof, shall be guilty of a misdemeanor.
(Ordinance 612 adopted 11/9/10)
It shall be unlawful for any person within the city willfully to kill, maim, wound, poison or disfigure any animal or fowl, with intent to injure the owner thereof. In prosecutions under this section the intent to injure may be presumed from the perpetration of the act.
(Ordinance 612 adopted 11/9/10)