§ 5-35. Definitions.  


Latest version.
  • The following words and phrases shall, for the purpose of these rules, have the meaning assigned herein unless the contents clearly indicate another meaning.

    Adequate food means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum.

    Adequate shelter means that shelter which will keep a nonaquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature level that is healthful for the animal. For dogs and other non-feline small animals, the shelter shall be a structure of suitable size to accommodate the animal and allow retention of body heat. It shall include a roof and four (4) walls that provide protection from all directions from the wind and moisture and a solid floor raised up off of the ground, with an opening entrance large enough to allow access to the animal, but placed in such a way as to keep the animal out of the direct path of winds. Metal barrels and three-sided boxes do not provide adequate shelter for a dog, cat or other small animal and are prohibited for that purpose. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shaving, or the equivalent. The shelter shall be placed where it will be adequately shaded from excessive heat from direct sun. For all animals the containment area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to eliminate rapidly excess water or moisture. Does not apply to cats and the following domesticated livestock: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratities, and poultry (except within municipal corporate limits the term "poultry" applies only to poultry flocks greater than twenty (20) birds).

    Adequate water means a constant access to a supply of clean, fresh water provided in a sanitary manner. In near or below freezing temperatures the water must be changed frequently to prevent freezing.

    Aggressive means forceful, hostile, injurious or destructive behavior.

    Animal means every live vertebrate other than human beings.

    Animal enforcement officer means a county employee designated by the animal services director to enforce the county animal control rules, county ordinances and state laws pertaining to animal control.

    Animal enforcement manager means the animal control officer responsible for supervision of the animal enforcement section of the county animal services department.

    Animal services department means the county department that includes the animal enforcement, animal shelter, and nature center facilities and staff.

    Animal services director means the county employee responsible for the management of the animal services department.

    Animal shelter means any premises designated by the animal services director for the purpose of impounding and caring for animals.

    Animal trap means a humane live trap.

    At large. An animal shall be deemed to be at large when it is off the property of its owner or keeper, and not under the physical restraint of a competent person.

    Board of health means the policy-making, rule-making and adjudicatory body for the county health department and is appointed by the county commissioners.

    Cat means a domesticated carnivorous mammal of the genus Felis.

    Competent person means a person of legal age and discretion to keep an animal under sufficient restraint and control in order to prevent harm to people, the animal and to other animals including, but not limited to, domesticated animals.

    Cruelty and cruel treatment means every act, omission, or act of neglect whereby unjustifiable pain, suffering or death is caused, or permitted against animals, as well as acts or attempted acts of teasing, molesting, baiting or trapping of animals unlawfully.

    Dangerous exotic animal means any exotic animal or hybrid thereof which is a carnivore; a member of the bear family; a non-human primate; a species of herbivore with a history of aggression toward humans; a venomous reptile; a member of the crocodile family; or a member of the boa and python family in excess of ten (10) feet in length. This definition excludes birds and ferrets.

    Dangerous/potentially dangerous dog. See section 5-39.

    Dog means a domesticated carnivorous mammal of the genus Canis.

    Domesticated means tame, controllable, closely associated with and compatible with humans.

    Environmental health supervisor means the supervisor of the environmental health division of the county health department.

    Exotic animal means any living animal other than domestic dogs, domestic cats, and animals normally kept as livestock, or such other animals as may hereafter be designated by the health director.

    Health department means the county health department.

    Health director means the director of the county health department or a duly authorized representative.

    Imminent hazard means a situation which is likely to cause an immediate threat to human life or animals, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

    Impoundment means the confinement or restraint of any animal by a person or animal control employee duly authorized by the health director.

    Injury means the wounding of an animal.

    Keeper means a person or group having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or monitored by such person.

    Owner means a person having a possessory property right in an animal.

    Owner's or keeper's real property means any real property owned or leased by the owner of the animal.

    Person means any individual, family, group of individuals, corporation, partnership, organization or institution commonly recognized by law as an entity.

    Pet means an animal kept for pleasure rather than utility.

    Public nuisance. See section 5-38.

    Registered feral feline colony shall be a group of cats that are under the general control of a 501(c)3 non-profit authorized to operate within the county by the animal control director in compliance with the community cat section 5-112 herein.

    Restraint means restriction or control of an animal's movement.

    Severe injury means any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization.

    Stray means any domestic or exotic animal not under restraint and found off the property of its owner or keeper.

    Strict owner's control means an animal that is for the duration of an observation period under the owner's strict supervision and control. They are to be either leash walked, kept in a fenced yard, with no travel or boarding unless approved in advance by the local health director, no outings at parks or activities that allows contact with other animals or people until the animal has been released from its observation period by the health department director.

    Suspected of having rabies means any mammal, wild, exotic or domestic, that has bitten a human or another animal.

    Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, and expressly including bicycles.

    Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

    Wild means living in a state of nature, not domesticated, untamed, not under the control of man.

(Ord. of 6-7-95, § III; Ord. of 11-6-00, § III; Ord. of 9-8-15; Amend. of 10-3-16; Amend. of 2-19-18; Amend. of 8-6-18)