§ 8-1. 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:

Animal means a warm-blooded 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.

Cat means any live or dead cat (Felis catus), excluding hybrids.

Dog means any live or dead dog (Canis familiaris), excluding hybrids.

Humanely euthanized means to cause the death of an animal by a method which:

(1)

Rapidly produces unconsciousness and death without visible evidence of pain or distress; or

(2)

Utilizes anesthesia produced by an agent which causes painless loss of consciousness and death following such loss of consciousness.

Hybrid means any offspring of two wild animals of different species or the offspring of wild animals bred with domesticated dogs or cats.

Livestock means horses, mules, cows, hogs, pigs, potbellied pigs, goats and sheep of any and all kinds and shall include both the male and female gender of such animals.

Local animal control officer means an individual having authority to appoint representatives to enforce the provisions of this chapter, to receive reports of animal bites, investigate animal bites, ensure quarantine of possibly rabid animals and otherwise carry out provisions of the state law pertaining to control and eradication of rabies.

Nuisance means any thing or animal which is injurious to the health or morals, or indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is declared a nuisance and as such shall be abated.

Owner means any person, firm or corporation having title to any animal, or a person who has, harbors or keeps, or causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises.

Person means any individual, firm, association, partnership or corporation.

Possession means actual care, custody, control or management of a certain animal.

Premises means a parcel of land (one or more continuous lots) owned, leased or controlled by one or more persons.

Representative of local animal control means and includes any peace officer or animal control officer of the city.

Running at large means not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. An animal within an automobile or other vehicle shall not be deemed running at large.

Secure enclosure means a fenced area or structure that is:

(1)

Locked;

(2)

Capable of preventing the entry of the general public, including children;

(3)

Capable of preventing the escape or release of a dog;

(4)

Clearly marked as containing a dangerous dog; and

(5)

In conformance with the requirements for enclosures established by the local animal control authority.

Stray animal means any animal for which there is no identifiable owner or harborer.

Vaccination means properly injected by a licensed veterinarian with a rabies vaccine licensed for use in that species by the United States Department of Agriculture.

Veterinarian means a veterinarian licensed to practice veterinary medicine.

Vicious animal means any individual animal that has on two previous occasions without provocation attacked or bitten any person or other animal, or any individual animal which the local animal control officer or his representative has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.

Wild animal means and includes all types of animals which commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of the state of duration of captivity. The term "wild animal" shall include, but not be limited to, skunks, raccoons, bats, ferrets, weasels, squirrels, opossums, ocelots, jaguars, hyenas, lesser pandas, binturongs, coyotes, wolves, hybrids, apes (gibbons, chimpanzees, orangutans, gorillas), elephants, rhinoceroses, foxes, lions, tigers, panthers, bears, alligators, crocodiles, monkeys, ostriches, emus, prairie dogs, boas, pythons, anacondas, and all forms of poisonous or constricting reptiles, and other like animals.

(Code 1994, art. 2.100; Ord. No. 389, § 1, 6-13-2005)