Chapter 6.01
GENERAL PROVISIONS
Sections:
6.01.010 Definitions.
A. "Bite" means an animal bite that breaks the skin of a human being, domestic animal or livestock, or results in significant evidence of biting which includes, but is not limited to, injuries to the clothing or accessories of a human, domestic animal or livestock caused by the teeth of the animal perpetrating the attack.
B. "Chronic animal noises" means repeated vocalization by an animal or animals in a sixty (60) minute period from the time the noise begins for more than seven (7) consecutive minutes during the daytime noise period from 7:00 a.m. to 10:00 p.m. and more than five (5) consecutive minutes during the nighttime noise period from 10:00 p.m. to 7:00 a.m.
C. "Control of animals" means to simultaneously monitor, direct and immediately restrict an animal’s movements and activities, in a humane manner, so as to prevent violations of this chapter. Specific types of control are defined as follows:
1. "Control by command" means to control an animal by visual or audible commands, or a combination thereof, to which the animal immediately responds promptly and accurately;
2. "Control by confinement" means to control an animal in a humane manner within any fully fenced pen, kennel, yard or structure, which prevents the exit of any animal confined therein solely on its own volition and the protrusion through the outer perimeter of the enclosure of the animal’s paws and/or teeth to the extent which would enable the animal to physically injure a person, another animal or livestock;
3. "Control by leash" means to immediately control an animal by securely attaching a visible tether to the animal such as a leash, chain, or item which is physically capable of restraining the animal. The leash must be in the secure possession of a person physically and mentally capable of monitoring, directing, and immediately restricting the animal’s movements and activities; or
4. "Control by attachment" means to control an animal by a harness or other similar device attached directly or indirectly to a person or immovable object by means of a chain, leash or similar device in such a manner that:
a. When the animal is on private property, it cannot travel off the private property on which the immovable object is located, or into any public vehicular or pedestrian way, or other public easement; or
b. When the animal is on public property, the animal is temporarily attached in such a manner that it cannot travel more than three (3) feet from the immovable object and is not unattended by the owner or his/her designated caretaker.
D. "Dangerous animal" means any animal which has ever bitten or attacked a human being in the past or present when the bite that accompanied the attack included any of the following:
1. Snarling;
2. Baring and/or showing teeth;
3. Chasing;
4. Growling;
5. Snapping;
6. Pouncing;
7. Lunging; or
8. Similar aggressive behavior.
The animal is also a "dangerous animal" if it commits the above-described behavior and has in the past or present attacked another domestic animal or livestock without provocation from the same and/or continues to attack after being restrained and physically removed and/or confined by the owner or another person acting on behalf of the owner.
E. "Domestic animal" means every kind of animal that is domesticated (not wildlife), including (without limitation) livestock of all kinds, dogs, cats, monkeys, birds and reptiles.
F. "Humane care and treatment of animals" means providing the animal with care and treatment including but not limited to:
1. Safe and necessary control, confinement and appropriate space;
2. Adequate veterinary treatment and wholesome, fresh and adequate food and water; and
3. Health, ventilation and sanitary shelter from wind, temperatures, precipitation and sun conditions detrimental to its health;
4. All of which are consistent with or dictated by the animal’s normal requirements, veterinary needs, feeding habits and its condition, size, species, age and breed.
G. "Livestock" means every kind of domestic animal that is four (4) footed and ordinarily larger than a dog; and includes (without limitation) cattle, horses, swine, goats, sheep and llamas.
H. "Running at large" is an animal not under control of an owner and not on an owner’s premises.
I. "Service animal" is a dog, as defined in 28 CFR 36.104, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of the definition of service dog per ADA Title III; 28 CFR 36.104.
(Ord. 17-01, Amended, 02/16/2017; Ord. 16-10, Amended, 05/19/2016; Ord. 11-07, Amended, 05/12/2011; Ord. 84-22 § 4 (part), Repealed & Replaced, 10/11/1984)
6.01.020 Penalties.
For violations of this title, refer to Chapter 1.20, General Penalty. Violations of this title are subject to civil fines established by resolution.
(Ord. 17-01, Amended, 02/16/2017; Ord. 16-10, Amended, 05/19/2016; Ord. 84-22 § 4 (part), Repealed & Replaced, 10/11/1984)