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:
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 authority/officer.A person designated by the city to represent and act for the city in the impounding of animals, controlling of animals running at-large and as otherwise required to enforce the provisions of this article and to enforce all regulations relating to animals as authorized by the state.
At-large.(1) Off-premises.Any animal which is not restrained by means of a leash or chain of sufficient strength and not more than six feet (6') in length to control the actions of such animal while off the owner’s property.
(2) On-premises.Any animal not confined on-premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six feet (6') to a public walkway or sidewalk when the restraint leash is stretched to full length.
Currently vaccinated.Vaccinated against rabies and satisfying the following criteria:
(1) The animal must have been at least three (3) months of age at the time of vaccination;
At least thirty (30) days have elapsed since the animal was vaccinated; and
Not more than twelve (12) months have elapsed since the date of the most recent vaccination of the animal.
Domesticated.An animal that has been tamed by generations of breeding, to live in close association with human beings as a pet, work animal or food source.
Fowl.Chickens, turkeys, pheasant, quail, geese, peacocks, ducks, or other similar feathered animals regardless of age, breed or sex.
Kennel.(1) Any lot, building, structure, enclosure or premises where five (5) or more adult animals are kept; and
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 animals.
Livestock.All domesticated animals, including but not limited to horses, cows, mules, goats, sheep, pigs, hogs, rabbits, and pigeons, and does not include dogs and cats.
Notice/official notice.By personal service, certified mail return receipt requested, or a written notice left at the entrance to the premises where the animal is harbored.
Owner.Any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Pet.Any animal kept for pleasure rather than utility.
Pig.All swine animals regardless of age, breed or sex.
Public nuisance.A condition which exists when any owner or person allows an animal to: Molest passerby or passing vehicles; attack other animals; repeatedly roam at-large; damage public or private property; bark, whine, meow, crow, howl, or otherwise make noise in an excessive, continuous, or untimely fashion; or, violate any of the conditions set forth in this article.
Rabbit.All members of the leporine family regardless of age, breed or sex.
Restraint.Secured by a leash, lead, cord, chain or rope six feet (6') or less in length; or secured within a kennel or pen, or secured within the fenced real property limits of its owner, and may not come any closer than six feet (6') to a public walkway or sidewalk when the restraint lead is stretched to full length.
Sanitary.Any condition of good order and cleanliness which precludes the probability of disease transmission.
Secure enclosure.A fenced pen, kennel or structure that is locked, and is capable of preventing the entry of the general public, including children; is capable of preventing the escape or release of an animal; is clearly marked as containing a quarantined/dangerous animal; and is in conformance with any additional requirements for enclosures, as established and provided in writing to the owner by the health department.
Unprovoked.The animal was not hit, kicked, pulled, struck, pinched, or squeezed by a person with an object or a part of the person’s body, or otherwise teased or tormented in any manner.
Vaccination.An injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) months or as prescribed by the state board of health by a licensed veterinarian.
Veterinary hospital/clinic.Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animal.Any animal which without reasonable provocation habitually attacks other animals, or has without provocation bitten or physically attacked a human being or has behaved in such a manner that the owner thereof knows or should reasonable know that the animal is possessed of tendencies to attack or bite, but does not include an animal which bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented, tortured or exhibited cruelty to such animal.
Wild/prohibited animal.Any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the public or that is protected by international, federal, or state regulations, including but not limited to the following:
(1) Animals not listed.The director of health may declare any species of animal not listed in this subsection as “prohibited” if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig or laboratory mouse or rat;
(2) Class Aves.Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiforms (such as owls);
(3) Class Mammalia.Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf-dog, hybrids, dingos, coyotes and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, mink and badgers) except domestic ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangeroos, wallabies and common oppossums); Order Edentata (such as sloths, anteaters and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels), unless the Order Ungalata are located on-premises which meet the definition of the farm/ranch;
(4) Class Reptillia.Family Heldermatidea (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubridae Dispholidus typus (boomsiang), Hydrodynastes gigas (water cobra), Bioga (mangrove snake), and Thelotornis (African twig snake) only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocadilia (crocodiles, alligators, caimans, and gavials).
(Ordinance 041415-1 adopted 4/14/15)