§ 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:

Animal means any mammal, domesticated or wild.

Animal control authority means a town or county animal control office.

Animal owner means any person who owns or has custody or control of an animal.

Bite means puncturing or tearing of the skin caused by an animal's teeth.

Bodily injury means physical pain, illness or any impairment of physical condition.

Cat means Felis catus.

Currently vaccinated means having been annually vaccinated at not less than three months of age as prescribed by the Federal Department of Agriculture and at least 30 days have elapsed since the initial vaccination and not more than 12 months have elapsed since the most recent vaccination.

Custodian means a person or agency which feeds, shelters, harbors, has possession or control or has the responsibility to control an animal for 72 hours.

Dangerous dog means a dog that:

(1)

Makes an unprovoked attack on a person or domestic animal that causes bodily injury or severe bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own;

(2)

Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or

(3)

Commits unprovoked acts in a place other than an enclosure in which the dog was being kept, against a domestic animal and those acts cause severe bodily injury or death to the animal.

Department means department.

Dog and domestic dog mean any Canis familiar , including hybrids.

Domestic animal means any animal normally adapted to live in intimate association with humans or for the advantage of humans.

Guide dog means a domestic dog that is in service to a legally blind person.

High risk animals means animals which have a high probability of transmitting rabies including, without limitation, skunks, bats, species of foxes indigenous to North America, coyotes and raccoons.

Housing facility means any room, building or area used to contain a primary enclosure or enclosures.

Humanely killed means to cause the death of an animal by a method which rapidly produces unconsciousness and death without visible evidence of pain or distress or utilizes anesthesia produced by an agent that causes painless loss of consciousness, and death following such loss of consciousness.

Hybrid means any offspring of two animals of different species.

Isolation means separation of an animal exposed or potentially exposed to rabies.

Local rabies control authority means the officer designated by the town council under state law.

Low risk animals means animals that have a low probability of transmitting rabies which includes, without limitation, all animals of the order marsupialia, insectivora, rodentia, lagomorpha and xenarthra.

Observation period means the time following a bite incident during which the biting animal's health status must be monitored. The observation period for domestic dogs and cats only is ten days.

Police dog means a domestic dog that is owned or employed by a governmental law enforcement agency.

Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.

Public health region means a contiguous group of counties so designated by the town council.

Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(1)

Is repeatedly at large or stray;

(2)

Damages the property of anyone other than its owner;

(3)

Molests or intimidates pedestrians or passersby;

(4)

Trespasses on school grounds;

(5)

Chases vehicles;

(6)

Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7)

Fouls the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(8)

Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(9)

Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of animals maintained; or

(10)

Attacks other domestic animals.

Quarantine facility means a structure where animals are held for rabies observation.

Quarantine period means that portion of the observation period during which a biting animal is physically confined for observation as provided for in this chapter.

Running at large means not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property or other property where owners are lawfully permitted. An animal within an automobile or vehicle of its owner is lawfully permitted. An animal within an automobile or vehicle of its owner shall not be deemed to be running at large.

Sanitize means to make physically clean and to destroy disease producing agents.

Secure enclosure refers to dangerous dogs and means a fenced area or structure that is locked, capable of preventing the entry of the general public (including children) and preventing the escape or release of the dog, that is clearly marked as containing a dangerous dog and is otherwise in conformity with the requirements for enclosures for dangerous dogs established by the local animal control authority.

Serious bodily injury means a severe bite wound or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek medical treatment and would require hospitalization without regard to whether the person actually sought medical treatment.

Stray means roaming without physical restraint beyond the premises of the animal's owner. Absence of current rabies tag on dog running at large will be construed as evidence of stray status.

Unowned animal means any animal for which an owner has not been identified.

Vaccinated means properly injected by a licensed veterinarian with a rabies vaccine licensed for use in that species by the Federal Department of Agriculture.

Wild animal means all species of animals which commonly exist in a natural unconfined state and are usually not domesticated, regardless of the state or duration of captivity.

Zoonosis control division (ZCD) means the division of the state department of health responsible for implementing these rules.

Zoonosis control representative means any person employed by the ZCD.

(Ord. No. 1997-03, § 1, 10-21-1997)