§ 4-1. 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:

Abused animal means any animal which is mistreated, beaten, tormented or teased, or is deprived of water, food or shelter, or is kept under unsanitary conditions, or abandoned, or is trained for fighting other animals.

Adoption means the assumption of ownership and responsibility of a confined animal by a person not previously the animal's owner. Adoption is allowed as provided in this chapter after mandatory confinement periods have elapsed and the owner is either unknown or does not desire to redeem the animal. The adoption of an animal shall include proof of compliance with this chapter and the payment of all confinement expenses.

Animal means any nonhuman vertebrate.

Animal control board means a body of three persons subject to oversight and approval of the city council. The board shall consist of one city councilmember and two citizens-at-large, all to be appointed by the city council. The chief of police and animal control officer shall sit on the board as non-voting members. Within 30 days of inception the board shall develop and propose to the council for approval necessary regulations concerning confinement, adoption procedures, disposal and costs to facilitate animal control within the city. Said regulations shall be reviewed annually and any proposed changes or amendments shall be presented to the council for approval. Decisions of the board shall be determined by simple majority vote.

Animal control officer means a person contracted by the city council to aid in the identification and confinement of vicious or dangerous animals or those animals thought to be vicious or dangerous. It shall be the duty of the animal control officer to enforce the provisions of this chapter subject to oversight and approval by the animal control board and the city council.

At-large means off the premises of the animal's owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.

Confined means:

(1)

Securely locked in a dwelling house; or

(2)

Completely enclosed in a locked, enclosed fence, pen or other structure having a height of at least six feet; such pen or structure must have secure sides which are imbedded into the ground, if the bottom of the structure is not integrally connected to the structure. If the fence, pen or structure is less than six feet in height, it must have a secure top in addition to securely imbedded sides.

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 unprovoked assault or bite so as to cause serious bodily harm or an animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting. For the purposes of this chapter, all animals, whether actually vicious or not, defined as follows:

(1)

Lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats.

(2)

Black bears, polar bears and grizzly bears.

(3)

Crocodiles and alligators.

(4)

All venomous and constricting snakes.

Kennel means the keeping of more than three animals on a premises penned, tied or kept indoors whether for companion or breeding purposes.

Owner means any person owning, keeping, sheltering or harboring an animal.

Tagged dog means any dog bearing a currently valid rabies vaccination tag required under this Code.

Vicious animal is one which inflicts a bite upon and/or attacks human beings or domesticated animals without cause or justification. An animal shall not be deemed vicious if:

(1)

The animal bites, attacks or menaces anyone assaulting the owner of the animal, or a trespasser on the property of the owner, or any person or other animal who has tormented or abused the animal.

(2)

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

(3)

The animal is protecting or defending its young or other animal.

(Prior Code, § 55.01)