§ 3-1. Definitions.

As used in this chapter, the definitions of the following terms are:

Animal: Any living creature, domestic or wild.

Animal shelter: Any premises designated by the city for the purpose of impounding and caring for animals held under authority of this chapter.

At large: Any animal shall be "at large" when it is off the property of its owner or person in charge and not carried by such person, kept in an effective enclosure or controlled by such person by means of a leash in such a way as to prevent its free movement, and so as to prevent such animal from freely charging or attacking such persons or animals; provided, however, that a dog which is not vicious or presumed to be vicious, and which is obedient either by training or temperament, shall not be considered "at large" while upon a public street or other public place and in the immediate presence and under voice control of its owner or a competent handler. A dog which is, more than fifteen (15) feet from the actual location of its handler shall not be considered in the immediate presence of and under voice control of such handler.

Bitten: Seized with teeth or jaws, such that the skin of the person or thing seized has been nipped or gripped or has been wounded or pierced and there has been probable contact of saliva with the break or abrasion of the skin as determined by a licensed physician.

Caged: Confined in a container, which may include a vehicle, in such a way that the free movement of an animal is restrained and so as to prevent the animal so caged from biting or attacking a person or animal.

Canine training center: Any place that trains dogs for guard work for the general public.

Cat: All members of the domestic feline family.

Corral: Any uncovered, enclosed parcel of land where animals are kept.

Dog: All members of the domestic canine family.

Dog presumed to be vicious: Any dog which is known by the owner or person in charge to habitually chase moving vehicles or to charge persons on the public streets and other public ways whether or not such dog has actually bitten or attacked a person or other animal.

Fowl: Any fowl of the duck, goose, chicken, guinea, peacock or pigeon species or type.

Hobby breeder. Anyone who sells, offers for sale, [and/or] lets for hire for breeding purposes ten (10) or less dogs and/or cats, the owner or proprietor of which does not possess a license to conduct wholesale or retail business for the purpose of selling animals.

Horse: All members of the equine family.

Humane officer: The head of or any other person designated by the city as a law enforcement officer relating to matters involving animals, or the city clerk or anyone employed under supervision of the city clerk's office.

Humane society: The Colbert County Humane Society, Incorporated.

Keep: Such term shall include "confine," "harbor" and "allow to remain."

Kennel: Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species.

Obedience school: Any place which trains dogs on obedience for home and show use where owner and dog attend together.

Owner: Any person, partnership or corporation owning, keeping or harboring animals.

Person: An individual, partnership, company or corporation.

Restraint: An animal shall be deemed to be under restraint if, on the premises of its owner, it is confined by a fence or securely restrained within the premises by a leash affixed to a securely fixed object or otherwise prevented from leaving the owners premises at will.

Stray animal: Any animal running at large, the owner or person in charge of which is unknown.

Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.

Vicious animal: Any animal which is known to have bitten or attacked a person or other animal without adequate provocation or cause; or, additionally, in the case of a dog, which has been trained as a guard dog or otherwise to attack persons or domestic animals.

(Ord. No. A-112a, Art. I, § 1, 7-24-95)