§ 4-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care or to leave the animal in such a location as to present immediate danger to the animal or cause the animal to become a public charge.

Adequate exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, breed and physical condition of the animal;

Adequate food means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, physical condition, and breed of each animal; is provided in a clean and sanitary manner, and is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, breed, age and physical condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring sate of hibernation or fasting normal for the species.

Adequate shelter means protection from injury, rain, sleet, snow, hail, wind, direct sunlight, the adverse effects of heat and cold; enables each animal to be clean and dry, except when detrimental to the species, and provides solid surface that is large enough for the animal to lie in a normal manner and can be maintained in a sanitary manner inside that shelter.

Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, breed, physical condition, of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring sate of hibernation or fasting normal for the species; is provided in a clean, durable receptacle that is accessible to each animal and placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

Animal means both male and female.

Animal rescue shelter means a facility, operating under a permit as provided for herein, in which dogs, cats, or both, that have been abandoned, strayed, removed by judicial proceedings, or voluntarily surrendered are placed, held, and cared for pending return to the lawful owner, placement for adoption, or euthanasia by humane means. Included within this definition are facilities commonly referred to as animal fostering facilities.

Animal control officer means all city police officers as well as all duly appointed animal control officers.

At large means off the premises of the owner and not under the control of the owner or any other person.

Exotic animal means an wild or other animal which is not tame by nature and includes, but is not limited to, raccoon, fox, skunk, beaver, otter, wolf, bear, raptor, alligator, crocodile, monkey [or other simian], member of the feline species other than domestic cats, member of the canine species other than domestic dog.

Kennel means any establishment, other than an animal rescue shelter, wherein or whereon four or more dogs greater than four months of age are kept.

Owner means any person owning, keeping or possessing a dog, cat or other domestic or household pet, [or other animal], including any person, group of persons or entity having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to any animal.

Potentially vicious dog means any dog that in the absence of intentional provocation:

(1)

While off the owner's property, chases or approaches a person in a menacing fashion or apparent attitude of attack or inflicts bodily injury to a person or animal; or

(2)

While on the owner's property causes bodily injury to a person lawfully on the property; or

(3)

While off the owner's property kills a domestic animal.

(4)

These definitions do not apply to animals used in military or law enforcement work while they are actually performing in that capacity.

Poundmaster means the animal control officer appointed by the mayor pursuant to section 4-67 of this chapter.

Under control means within a vehicle of the owner or restrained by a substantial leash of not over six feet in length.

Vicious dog means any dog that in the absence of intentional provocation:

(1)

Inflicts serious bodily injury that requires medical attention to a person on public or private property; or

(2)

Is involved in a continuous sustained attack upon a person, not allowing the victim any means of escape, regardless of the extent of injury or defensive action required; or

(3)

Is previously found to be potentially dangerous and while on or off the owner's property chases or approaches a person in a menacing fashion or apparent attitude of attack or inflicts bodily injury to a person or any animal;

(4)

Inflicts injury to a person on public or private property, which injury results in the death of the person.

(5)

These definitions do not apply to animals used in military or law enforcement work while they are actually performing in that capacity.

(Code 1981, § 8.04.010; Ord. No. 912, § 1, 11-23-82; Ord. No. 1203, § 1, 5-11-10; Ord. No. 1221, § 5, 5-24-11; Ord. No. 1230, § 1, 6-12-12)