§ 4-71. 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:

Animal means any live, vertebrate creature, wild or domestic, other than human beings, endowed with the power of voluntary motion.

Animal control officer means a person employed by the chief of police to pick up, restrain or impound animals, and who is responsible for discharging such other duties or functions pertaining to animals as may be prescribed by this article or any other ordinance, by state law, or by the lawful order of a county official authorized to supervise and direct animal control officers.

Animal shelter means the facility provided by the county for the purposes of impoundment, restraint, care and disposition of animals.

At large means leaving the property of the keeper unless under the direct control of the keeper or his agent. If the animal has no known keeper, the term "at large" shall mean wandering about on public or private property.

Direct control means control by virtue of:

(1)

Being under restraint;

(2)

Control by a responsible person when the animal is obedient to that person's commands;

(3)

Being within a secure enclosure;

(4)

Being within a vehicle, when in areas to which subsection (5) of this definition does not apply; or

(5)

Being secured within a vehicle, with respect to areas set out below.

An animal is secured within a vehicle when it is inside the passenger area of the vehicle and is either subject to control by a responsible person or the windows are sufficiently closed to prevent escape from the vehicle. An animal in the bed of a truck or other open area of a vehicle is secured if it is tethered so that it cannot jump out or fall out of the vehicle. The areas of the county to which subsection (5) of this definition applies are those within city limits, with respect to cities that adopt by resolution the ordinance from which this article is derived, and those outside city limits when the vehicle is parked in any public area, including public vehicular areas.

Domestic animal means a nonferal animal, including pets and livestock.

Health director means the director of the county health department or his authorized representative.

Keeper means a person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or controlled by the person. An animal shall be deemed to be harbored if it is fed or sheltered for ten days or more. This definition does not include veterinarians who have possession of an animal for treatment or other specialized bailees of an animal who have only limited authority with respect to the animal.

Notice; notification means, unless the context indicates that oral notification is contemplated, an animal control officer's or any other officer's service of notice under this article which shall consist of either personal service of written notice or sending written notice by first class mail. The date of service shall be the date of personal service or the date of mailing the notice.

Owner means the person having the possessory property right in an animal.

Owner's real property means any real property owned or leased by the owner of a dog, but does not include any public right-of-way or a common area of a condominium, apartment complex or townhouse development.

Responsible person means an individual with the ability to properly control an animal. In the case of physical restraint, the individual must be of sufficient strength and maturity to exercise physical control of the animal. In the case of control by command, the individual must have the ability to control the particular animal.

Restraint means confinement within an enclosure or carrying case; use by a responsible person of a leash, chain or other physical device of sufficient strength to allow control to be maintained; or tethering in a manner that constitutes secure enclosure.

Review board means a three member board with one member appointed by the chief of police, one member appointed by the county humane society, and one member appointed by the city council.

Secure enclosure means an enclosure from which an animal cannot escape unless freed by a keeper or his agent. An automobile, truck or other vehicle shall be considered a secure enclosure during transport only if the animal cannot escape from it unless freed by a keeper or his agent and if ventilation is provided for the animal's adequate respiration.

Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(Code 1952, ch. G, art. IV, § I; Ord. No. OA-18-02 , 12-3-2018)

Cross reference

Definitions generally, § 1-2.