Article 1. General Provisions

2-101.        Definitions.

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:

Animals means all vertebrate and invertebrate animals such as, but not limited to, dogs, cats, cattle, horses and other equine, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person, including but not limited to, cornering or circling a person.

Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

Dangerous dog means:

(1)   Any dog which has exhibited a vicious propensity toward persons or domestic animals and is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property; provided, however, a dog shall not be determined to be dangerous under this subsection if the dog is being confined in a substantial enclosure to which members of the general public do not have access;

(2)   Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal. An attack or bite shall be considered to have been provoked if it occurs on the property of the dog’s owner and the victim was committing a willful trespass at the time; or

(3)   Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

Exotic animal means those animals not indigenous to North America and animals of any species, the majority of whose population are feral.

Fowl means all animals that are included in the zoological class Aves.

Harboring means any person who shall allow any animal to habitually remain or lodge or to be fed within his home, store, yard, enclosure or place of business or any other premises where he resides or controls.

Inhumane treatment means any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing or other abnormal treatment.

Livestock means horses, cattle, sheep, swine, goats, llamas, alpacas and other similar domesticated animals but does not include fowl, bees, rabbits, dogs and cats.

Owner means the person who harbors the animal and/or has a license to keep the animal.

Registered breeder means a dog owner who is a member of a recognized association, as determined by the animal control officer, whose interest and purpose is related to purebred dogs, or a dog owner who has his animals registered with the American Kennel Club or the United Kennel Club who declares in writing an intent to breed such animals. Any such association may petition the city council for recognition and provide verification for certification of members as registered breeders. All registered breeders shall provide a fenced or equivalent confinement area for his dogs.

Running-at-large means any animal that is not confined within a fenced enclosure or shelter or under the control of a person, either by lead, cord, rope or chain; provided that an animal may be considered confined if it is on a leash, rope or chain which is sufficient to keep the animal on the premises where picketed. For the purpose of this chapter, an animal shall not be considered running-at-large when on the owner’s property and confined by an operating electronic fencing system when the premises are clearly and prominently marked to show the existence of the electronic fencing system and the animal is equipped with the necessary and operating components of the system required to confine the animal to the owner’s property.

Shelter means all pens, houses or fenced enclosures where animals are confined, such as, but not limited to, hutches, cotes, lofts, kennels, warrens, feed lots, barns, stables, or other buildings or enclosures.

Veterinarian means a doctor of veterinary medicine licensed by the state.

Vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.

2-102.        Responsibilities of animal control officer.

(a)   The animal control officer shall be responsible for the enforcement of this chapter and is authorized to make investigations and to mail notices, orders or directions as necessary for enforcement of the provisions of this chapter, to pick up animals on public or private property and to confine such animals at an animal shelter in accordance with state law and this chapter. Such authority shall include, subject to budgetary control, authorization for formalization of an agreement with such animal shelter.

(b)   The animal control officer shall have the power of a law enforcement officer for the purpose of signing complaints and serving a notice to appear upon any person when the officer has probable cause to believe such person has or is violating a section of this Code.

2-103.        Interference with the duty of an animal control officer.

It is unlawful for any person to:

(1)   Refuse to identify himself and provide verification of his current name, address, date of birth and any other information reasonably necessary to correctly identify such person when asked to do so by the animal control officer when the animal control officer has probable cause to believe that this person has violated a section of this chapter;

(2)   Interfere with, molest, injure or prevent the animal control officer in the lawful discharge of his duties as herein prescribed.

2-104.        Violation; penalty.

Any person violating any provision of this chapter is guilty of a Class C misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment of not more than one month, or both such fine and imprisonment.