The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Includes all living non-human creatures, domestic or wild, including livestock.
The individual appointed by the chief of police to act in that capacity, or any officer of the city police department.
Not under restraint.
An unprovoked attack in an aggressive manner on a human in which the victim suffered a scratch, abrasion, bruise, or other physical injury; or on a domestic animal that causes death or injury that requires veterinary treatment.
The chief of police for the city.
The city manager for the city or his/her authorized designee.
Securely confined indoors, or within an automobile or other vehicle solely for transportation and transported in a humane manner, or confined in a securely enclosed and locked pen or structure or fence, electronic or otherwise, upon the premises of the owner of such animal. However, under no circumstances is an electronic or similar fence sufficient to confine an animal in heat or a vicious dog.
A dog that:
Makes an unprovoked attack on a person or another dog that causes bodily injury and 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
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.
A domesticated animal that is a member of the canine family.
Any wild or domesticated bird.
A dog trained to attack on command or to protect persons or property by attacking or threatening to attack, and who will cease to attack upon command.
The taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof.
Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, puppies, cats, kittens or any other animal typically kept on such premises.
All farm animals, including but not limited to cattle, horses, pigs, fowl, sheep, goats and mules.
A device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or animal. Such device shall not interfere with the animal's ability to breathe.
An animal that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this chapter if, at the time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked. A break in barking shorter than two minutes shall be considered to be incessant barking notwithstanding the "break" of less than two minutes.
Any person having a right of property in an animal, or who keeps or harbors an animal or who has it in his or her care, or acts as its custodian, or who permits an animal to remain on or about the person's premises. If an animal has more than one owner, all owners are jointly and severally liable for the acts or omissions of an owner.
Any type of pig, hog, or swine, including, but not limited to, potbellied pigs.
The humane confinement of an animal for the observation of symptoms for rabies, or other disease, in a secure enclosure that prevents the animal from coming into unplanned contact with any other animal or human being.
For all animals, the term "restraint" means on the premises of the owner and either (i) in the owner's immediate presence and control or (ii) confined by a secure physical barrier (e.g., a fence, pen, or electronic fence in good working order), chain or tether, or leash or lead under the control of a person physically capable of restraining the animal; or if off the premises of the owner, secured by leash or lead under the control of a person physically capable of restraining the animal and obedient to that person's commands. In the situation of duplexes, apartment complexes or other multi-residential areas, an animal is not under restraint if the animal is confined within a fence or other physical barrier that encloses the area that is common ground to all tenants, and the animal must be restrained by other allowable methods.
A dog or puppy may be restrained by a fixed-point chain or tether for no more than eight (8) hours in a twenty-four-hour period.
A dog may be exclusively restrained by a chain or tether provided that it is at least fifteen (15) feet in length, with swivels on both ends, and is properly installed so as not to interfere or become entangled with objects on the property.
Any tethering system employed shall not allow the dog or puppy to leave the owner's property.
No chain or tether shall weigh more than one-eighth of the dog's or puppy's body weight.
Any chain or tether must be attached to a properly fitting collar or harness worn by the dog or puppy.
A fenced area that is:
Locked;
Capable of preventing the entry of the general public, including children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog;
Constructed with vertical boards six (6) feet in length or higher if deemed appropriate by the animal control officer based upon the size of the dog to be kept in the fenced area and its anticipated ability to escape;
A structure or pen built upon a concrete slab with four (4) sides and a top located in a fenced area at least five (5) feet from the fence; or
A residential dwelling with all doors and windows closed.
An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization, without regard to whether the person actually sought medical treatment.
An unprovoked attack upon a human being in which the victim suffered a severe bite or was shaken violently, and which causes serious physical trauma or death.
With respect to an attack or attempt to attack by a dog, means that 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 body pulled, pinched, or squeezed or in any other manner provoked by the person attacked.
Any live monkey, non-human primate, raccoon, skunk, deer, wildcat, possum, fox, leopard, panther, tiger, lion, lynx, bear, or any other warm-blooded animal that can normally be found in the wild state, and poisonous snakes and reptiles. The term "wild animal" does not include domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), livestock, rodents, nonpoisonous snakes and reptiles, and captive-bred species of common cage birds.
(Ordinance 14, sec. 2.01.001, adopted 7/20/2020; Ordinance adopting Code)