§ 4-1. Definitions.

The following words and phrases shall, for the purpose of this chapter, have the following meanings:

Aggressive animal shall mean any animal which displays or has a tendency, disposition or propensity to:

(1)

Bare its teeth or approach in a menacing manner a person or domestic animal that is not provoking the animal; or

(2)

Attack, chase, charge or bite a person or domestic animal (under circumstances not requiring medical attention to a person or domestic animal) in a menacing manner, or attempt to do so; or

(3)

Attack any person upon the streets, sidewalks, or any other public ground or place; or

(4)

Attack without provocation, human beings or domestic animals.

Animal control officer shall mean the person who shall be duly authorized by the board of directors as the agent of the city for the purpose of providing the services and fulfilling the responsibilities of the animal control officer as herein set out.

City approved/contracted impoundment facility shall mean the place provided for animal control for the impounding of dogs and other animals.

Collar shall mean any collar constructed of nylon, leather, or similar material specifically designed to be used for the animal for which it is intended.

Feral cat shall mean the offspring of lost or abandoned pet cats or other feral cats that are not spayed or neutered. They are not accustomed to contact with people and are typically too fearful and wild to be handled. Feral cats do not easily or may never adapt to living as pets in close contact with people. Their kittens, if they survive, will become feral without early contact with people.

Harness shall mean a restraint which encircles the neck and the torso of an animal with connecting straps between them for reinforcement.

Licensed veterinarian shall mean a practitioner of veterinary medicine who holds a valid license to practice his/her profession in any part of the United States.

Owner shall mean every person or entity having a right of property in a dog or other animal or who keeps or harbors a dog or other animal, routinely feeds or has it in his/her care, or acts as its custodian, or knowingly permits a dog or other animal to remain on or about any premises occupied by him/her.

Pen shall mean an enclosure for domestic animals meeting the following requirements:

Square Feet	Weight of animal in pounds	Additional Square Feet per animal
48	1—25	24
80	26—40	40
100	41—70	50
120	71—90	60
144	91+	72

 

(1)

In all pens, each domestic animal housed therein shall have room to stand, lie down, turn around and sit normally away from its own waste, and adequate coverage from inclement weather.

(2)

All pens shall be a minimum of six (6) feet in height.

(3)

All pens shall be surrounded on all sides by chainlink fencing of at least no. 9 gauge, with steel ties, maximum two and one-half (2½) inch mesh, with concrete or similar flooring or with side fencing buried eighteen (18) inches into the ground, and with gates padlocked.

Properly fitted shall mean:

(1)

With respect to a collar, to measure the circumference of an animal's neck plus at least one (1) inch additionally; and

(2)

With respect to a harness, to measure around the animal's chest and neck with an allowance for two (2) fingers to fit between the animal and the harness; and

(3)

Shall not be so tight as to cause discomfort or so loose that it can slide over the animal's head.

Run at large shall mean the state of freedom of any dog not confined on the premises of the owner within a secure enclosure, house or other building, or not restrained on the premises of the owner by a leash sufficiently strong to prevent the dog from escaping and restricting it to the premises, or not confined by a leash or confined within an automobile when away from the premises of the owner.

Secure enclosure shall mean a fenced area of structure that:

(1)

Is locked or has a self-locking gate(s) that is engaged at all times,

(2)

Is completely surrounded by a substantial fence or enclosure of sufficient strength, height, construction, materials, and design that is capable of preventing an animal from climbing, digging, jumping or otherwise escaping of its own volition,

(3)

Has all gates and the height of the fence and the size of openings in the fence appropriate for the type of dog confined within the fence,

(4)

Is appropriately maintained to prevent a dog from getting can get through, over, or under the fence, and

(5)

Is capable by electronic or similar means of restricting a dog to the owner's property.

Vaccination shall mean the injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the state veterinarian and administered by a licensed veterinarian.

Vaccination certificate shall mean a written or printed certificate showing that the animal described thereon has received an inoculation of antirabic vaccine in an amount sufficient to produce immunity and bearing the signature of a licensed veterinarian.

Vicious animal shall, unless otherwise stated in section 4-7, mean any animal which:

(1)

Without provocation, bites or attacks a human being or domestic animal on public or private property,

(2)

Causes a life-threatening injury, broken bone, multiple sutures, or any injury requiring medical attention to a person or domestic animal, without provocation, on a public or private property,

(3)

Kills a domestic animal, without provocation, on public or private property,

(4)

Is owned or harbored primarily or in part for the purpose of fighting or is trained for fighting.

(Code 1976, § 4-1; Ord. No. 16-91, § 1, 4-2-91; Ord. No. 105-06, § 1, 11-7-06; Ord. No. 27-11, 4-19-11; Ord. No. 100-12, § I, 12-27-12; Ord. No. 9-13, §§ 1, 2, 2-19-13)