Sec. 3-1. Definitions.
As used in this chapter, the following terms are defined below:
Abandon. The act of leaving a companion animal, domestic animal, or exotic animal:
1. Without food, water, or care for twenty-four (24) hours or more; or
2. In a situation where conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal.
Altered. An animal rendered surgically incapable of reproduction.
Animal. Every non-human species of animal, both domestic and wild.
Animal Control officer. Any person designated by the Town Animal Control board who is qualified to perform such duties under the ordinance of the Town.
Animal facility. Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia.
Auction. Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.
Breeder. Any individual and/or entity who allows or causes to mate an animal strain that reproduces the characteristics by which it is recognized.
Circus. A commercial variety show featuring animal acts for public entertainment.
Commercial animal establishment. Any pet shop, grooming shop, guard dog agency, riding school or stable, zoological park, circus, performing animal exhibition or boarding or breeding kennel.
Companion animal. Dogs and cats.
Domestic animal. Any animal kept for pleasure rather than utility; an animal of a species native to this region that has been bred and raised to live in or about the habitation of humans and is dependant on people for food and shelter, including but not limited to: dogs, cats, horses, dairy and beef cattle, swine, goats, sheep and fowl.
Exotic animal. Any animal not considered "domesticated", that is not native to this region and/or normally would be found in a wild state.
Grooming shop. A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
Guard dog. Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.
Humane officer. Any person designated by the state, county of jurisdiction, or a federally licensed humane society as a law enforcement officer, who is qualified to perform such duties under the laws of this state.
Kennel or cattery. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats. Six (6) or more dogs and/or cats owned, harbored, possessed, cared for or kept in custody of any person shall be construed and constitute a kennel.
Owner. Any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Performing animal exhibition. Any spectacle, display, act or event other than circuses, in which a performing animal is used.
Pet shop: Any person, partnership or corporation, whether operated separately or in connection with another business enterprises (except for a licensed kennel), that buys, sells or boards any species of animal.
Public nuisance. Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The terms "public nuisance animal" shall mean and include, but is not limited to, an animal that:
1. Is repeatedly found at large;
2. Damages the property of anyone other than its owner;
3. Molests or intimidates pedestrians or passersby;
4. Chases vehicles;
5. 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;
6. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or other in close proximity to the premises where the animal is kept or harbored;
7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained;
9. Attacks or threateningly pursues other domestic animals; or
10.
Has been found by the Town Animal Control board, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety.
Restraint. Any animal secured by a leash, fence, (including electronic control fences), or lead under the control of a responsible person and obedient to that person's commands or within the real property limits of its owner.
Riding school or stable. Any place that has available for hire, boarding, and/or riding instruction of any horse, pony, donkey, mule or burro; and any place that regularly buys, sells or trains the above animals, including a racetrack, trotting track or rodeo.
Running at large. Any animal that is not secured and under the control of its owner.
Veterinary hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Vicious animal. Any animal that attacks, bites or injures human beings or domesticated animals without adequate provocation or which, because of temperament, conditioning or training, has a known propensity to attack, bite or injure human beings or domesticated animals.
Wild animal. Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild and captive-bred species of common cage birds.
Zoological park. Any facility operated by a person, partnership, corporation or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals.