7.04.010 Definitions.
When used in this title, the following words and phrases shall have the meanings set forth in this section:
“Abandon an animal” means to leave an animal for an extended period of time without food, water or shelter or in conditions where the animal’s life, safety or health is endangered. A rebuttable presumption of abandonment shall exist where an animal care and regulation officer receives no response in 24 hours after noticing the property where the animal is located.
“Accidental bite” means a bite occurring under circumstances in which the animal was not acting aggressively.
“Aggressive bite” means a bite that is accompanied by an attack.
“Animal” means vertebrate domestic or domesticated members of the Animalia kingdom, unless otherwise provided by this title.
“Animal care and regulation office” means the agency having authority (including agencies authorized by contract with the city) for enforcement of the animal care and regulation provisions of this title and of all animal shelters maintained at city expense, including the expense of contract services provided to the city.
“Animal care and regulation shelter” means any premises designated for the purpose of impounding and caring for animals impounded pursuant to this title.
“Annoyance” means an actual interference with the sleep, work or reasonable right to peace, safety, or privacy of a person.
“Attack” means an animal exhibiting overt aggressive behavior which may include, but is not limited to, snarling, baring teeth, chasing, growling, snapping, pouncing, or lunging.
“Boarding facility” means a commercial facility or establishment which offers the service of boarding animals.
“Breeding facility” means a commercial facility or establishment which offers the service of selling or breeding animals.
“Canid hybrid” means an offspring of a wild member of the genus and the family Canidae bred to a member of the genus and species Canis familiaris. The offspring of a canid hybrid bred with a wild member of the family Canidae, another canid hybrid, or a member of the genus and species Canis familiaris is also a canid hybrid. Canid hybrids are illegal to possess except as allowed pursuant to 5 AAC 92.030. Animal care and regulation may provide license, microchip, and vaccination services as allowed by state law to the owner of a canid hybrid meeting the requirements of 5 AAC 92.030.
“Cat” means a member of the genus and species Felis catus.
“Cattery” means any premises used for breeding, buying, selling, keeping or boarding five or more cats over the age of six months, whether for profit or not.
“Chief animal care and regulation officer” means the person appointed by the mayor (including a person appointed by an agency authorized by contract with the city) who has primary responsibility for administering and enforcing the provisions of this title.
“Confine” means to keep an animal in a fence, pen, building, or other secure enclosure from which the animal cannot escape, and which keeps the animal from coming into contact with other animals or humans outside the area of confinement.
“Control” means to simultaneously monitor, direct, and restrict an animal’s movements and activities, in a humane manner, so as to prevent violations of this title. Specific types of control are:
1. “Control by command” includes all of the following:
a. The person exhibiting the voice control is within sight and sound of the animal and monitors all of its activities;
b. The person exhibiting the voice control is capable of directing all of the animal’s movements and activities by vocal commands; and
c. The animal under voice control follows all of the vocal commands quickly and accurately;
2. “Control by confinement” means to control an animal within any fully fenced pen, kennel, yard, or structure, which:
a. Prevents the exit of the confined animal on its own volition;
b. Prevents the protrusion of the animal’s paws and teeth through the outer perimeter of the enclosure so as to stop the animal from physically injuring a person or another animal;
3. “Control by leash” means that a person, who is physically and mentally capable of monitoring, directing, and restricting the animal, controls the animal by means of a securely attached leash, chain or other item, including an electronic collar;
4. “Control by attachment” means that the animal is attached directly or indirectly to a person, or to an immovable object, with a harness or similar device and is controlled by means of a chain, leash, or similar item so that:
a. When the animal is on private property, it cannot travel off the private property including onto any public easement on, or adjacent to, the property; or
b. When the animal is attached to an immovable object on public property, it cannot be left unattended and its movements shall be limited to three feet from the object to which it is attached; and
5. “Control by harness” means to control an animal by a harness or other similar device attached directly or indirectly to a person or object.
“Day” means a calendar day; provided, that the time in which an act required by this title is to be done is computed by excluding the first day and including the last, unless the last day is not a business day, and then it is also excluded.
“Dog” means a member of the genus and species Canis familiaris, commonly known as domestic dog, but does not include other members of the family Canidae, such as a fox, coyote, wolf or any other game species, the taking of which is regulated by the state. For purposes of this title, “dog” shall include canid hybrids unless otherwise specified.
“Domesticated” means animals owned which are commonly or historically adapted to man’s use or pleasure.
“Human victim” means a human being who is placed in fear, apprehension, physically injured, or killed as the result of an animal attack or animal aggressive behavior.
“Identification” means a collar and tag, brand, tattoo, or other mark or means which makes ownership of the animal ascertainable.
“Kennel” means any premises used for breeding, buying, selling, keeping or boarding five or more dogs over the age of six months, whether for profit or not.
“Livestock” includes, but is not limited to, domestic animals such as horses, cattle, sheep, goats, pigs, chickens, ducks and other such animals normally considered farm animals, whether kept for profit or not.
“Neutered dog or cat” means any male dog or cat rendered incapable of reproduction by surgical operation.
“Own” means to have, keep, possess, harbor, take care of, have custody of, or control over any animal for a period of seven days.
“Owner” means any person, group of persons, association or corporation owning, keeping, taking care of, having custody of, having control over, or harboring any animal or animals for a period of seven days.
“Physical injury” means an impairment of physical condition or pain.
“Provocation” means the teasing, molesting, tormenting, abusing, or assaulting of an animal to incite the animal to bite or attack.
“Restraint” means either:
1. Actual physical control, such as a leash, chain, fence or building;
2. Competent voice control while actively engaged in an organized activity which requires that an animal not be physically restrained, or in a form of recognized hunting which requires the use of an animal such as a retriever;
3. The condition of an animal when on the property of its owner, in visual contact with the owner, and obedient to the owner’s command.
“Running at large” means an animal is not under restraint.
“Sanitary” means free from bacteria, parasites, waste, filth or other elements in amounts which would endanger the health or welfare of an animal.
“Secure enclosure” means any fully enclosed fenced pen, kennel, yard, or structure, which must include a roof, walls, and floor. Approval for a secure enclosure shall be obtained from the chief animal care and regulation officer. The secure enclosure shall:
1. Be located so as not to interfere with public access to the owner’s or custodian’s property; and
2. Reasonably prevent:
a. The accidental release of any animal confined in the enclosure;
b. The confined animal from leaving the enclosure by its own efforts;
c. Unauthorized persons from gaining entry to the enclosure;
d. The entry into such enclosure by any animal other than the confined animal; and
e. The confined animal from biting or clawing a person or animal through the enclosure.
“Serious physical injury” means any physical injury which creates a risk of death, causes serious and protracted disfigurement, causes protracted impairment of health, causes protracted impairment of any bodily member or organ, or causes the protracted loss or impairment of any bodily function or that unlawfully terminates a pregnancy.
“Spayed dog or cat” means any female which has had a surgical ovario-hysterectomy to prevent conception.
“Victim” means a person whose animal is physically injured or killed.
“Victim animal” means an animal which is physically injured or killed.
“Wild” refers to a type of animal which generally lives in its original and natural state and is not domesticated, or animals which are classified as wild under state law. (Ord. 09-69(AM) § 3, 2009; Ord. 08-29 § 9, 2008; prior code § 12.05.010)