Chapter 6.04
DEFINITIONS

Sections:

6.04.010    Definitions.

6.04.020    Vicious animals.

6.04.010 Definitions.

As used in this title:

A.  "Adequate shelter" means either domicile or garage of the owner or a separate structure, which protects the animal from the wind, precipitation and sun.

B.  "Animal" means all members of the vertebrate kingdom Animalia.

C.  "At large" means not under restraint.

D.  "Attack" means, for the purpose of a human victim, that an animal:

1.  Bites a person without provocation; or

2.  Takes action without provocation and while unconfined, which action creates a reasonable apprehension of such injury to that person, whether or not the animal actually touches the person.

E.  Criminal Negligence.  A person acts with criminal negligence with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

F.  "Current rabies vaccination" means a vaccination:

1.  As specified in the current "Compendium of Animal Rabies Vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc.;

2.  Administrated in accordance with state law;

3.  Evidence by a current rabies vaccination certificate in a form approved by the State Division of Public Health and signed by a currently licensed veterinarian.

G.  "Pet" means a dog or cat kept for enjoyment or as a companion.

H.  "Cat" means a member of the genus species Felis catus or F. domesticus.

I.  "Dog" means a member of the genus species Canis familiaris.

J.  "Humane manner" means care of an animal to include, but not be limited to: provision of adequate heat, ventilation, sanitation and shelter, appropriate space, necessary restraint, and wholesome food and water, consistent with normal requirements and feeding habits of the animal’s size, species and breed.

J.  Intentional.  A person acts intentionally with respect to a result described in a provision of law defining an offense when the person’s conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person’s only objective.

K.  "Officer" means a person charged by law with the duty to enforce provisions of this title.

L.  "To own" an animal includes any one or more of the following:  having title to, keeping, harboring, having custody of, or having control of the animal.

M.  "Person" includes an individual, joint venture, partnership, corporation, or unincorporated association.

N.  "Provocation" consists of conduct which is directed by a person or an animal toward an animal that may reasonably be expected to arouse rage, protective instinct or fear in the animal.

O.  "Quarantine" means to keep in secure isolation, to prevent contact with other animals and people, and restrict travel and passage of the animal.

P.  "Restraint" means:

1.  Physical confinement, as by leash, chain, fence or building; or

2.  Under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or

3.  Under competent voice control when an animal is on the property of its owner.

Q.  "Sterile" means rendered incapable of reproduction by surgical operation by a licensed veterinarian.  (Ord. 2006-03 (part), 2006:  Ord. 87-3 §1(part), 1987).

6.04.020 Vicious animals.

Any animal which when unprovoked has ever bitten or attacked a human being shall be deemed vicious.  (Ord. 2006-03 (part), 2006:  Ord. 87-3 §1(part), 1987).