§ 14-31. 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:

Abandoned animal means any animal which shall have been placed upon public property or within a public building unattended or uncared for, or upon or within the private property of another without the express permission of the owner, custodian, or tenant of the private property and unattended or uncared for. Any animal shall also be considered as abandoned which shall have been upon or within the property of the owner or custodian of such animal for a period of time in excess of 36 hours unattended or without proper food and water.

Abused animal means any animal which is any of the following:

(1)

Mistreated, beaten, tormented or teased.

(2)

Deprived of water, food or shelter.

(3)

Kept under unsanitary conditions.

(4)

Abandoned.

(5)

Trained for fighting other animals.

(6)

Transported in the trunk of any vehicle.

(7)

Left unattended in a vehicle in extreme heat without proper ventilation.

Animal at large means an animal not under restraint.

Animal control center means the facility designated by the city manager for the detention of animals.

Animal control officer means that person designated as such by the city manager to perform the duties prescribed by this article.

Animal under restraint means any animal secured by a leash or lead or enclosed by way of fence or other enclosure or any animal confined within a vehicle, parked or in motion.

Companion animal means a domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, hamsters, horses, mice, reptiles, domesticated wild animals, exotic animals, and other animals associated with man's environment.

Dangerous animal means any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or by biting so as to cause serious bodily harm or an animal trained, owned, or harbored for the purpose, primarily or in part, of animal fighting.

An animal shall not be deemed dangerous if:

(1)

It bites, attacks or menaces:

a.

Anyone assaulting the owner;

b.

A trespasser on the property of the owner; or

c.

Any person or other animal who has tormented or abused it.

(2)

It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person.

(3)

It is protecting or defending its young or other animal.

Dog park means an area within a city-owned park designated by signs, fencing or other appropriate boundaries as a free-run area for dogs when the dog is under the control of a responsible and competent person and obedient to that person's commands and such person is present with the animal.

Domesticated animals means such as are accustomed to live in or about the habitation of men including, but not limited to, cats, cows, dogs, fowl, horses, swine, domesticated wild animals, and/or exotic animals. This definition only applies to those animals mentioned and is only applicable to this article, and in no way affects the meaning or application of a definition of the described animal, as may be found in any other city ordinances.

Guard dog means any dog which has been trained to attack persons or other animals independently or upon oral command and any dog which, while not so trained, is reasonably expected to perform as a guardian of the property upon and within which he is located.

Owner means any person owning, keeping, harboring, or acting as custodian of a domesticated animal.

(Code 1967, § 5-18; Ord. No. O-99-19, §§ 1, 2, 12-20-99; Ord. No. O-05-05, Art. II, §§ 1, 2, 4-4-05)

Cross reference

Definitions generally, § 1-2.