§ 6-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal a nuisance means an animal is a nuisance when by loud, frequent or habitual barking, howling, yelping or other noise or action disturbs any person or neighborhood within the city limits. Any animal which scratches or digs into any flower bed, garden, tilled soil or shrubbery, and in doing so injures the same, or which habitually prowls around or over any premises not the property of its owner, to the annoyance of the owner or occupant of such premises, or which overturns any garbage can or vessel for waste products, or scatters the contents of same, or an animal which chases or kills any fowl or animal owned by another or which chases bicycles is also declared a nuisance. A female dog or cat in season at large is a nuisance.

Animal control officer means the person employed by the city as an enforcement officer of this article, said person to be selected by the city manager.

At large means any dog shall be deemed to be at large which is on or off the property of its owner and not under restraint.

City animal shelter means the premises operated and maintained by the city for the purpose of impounding and caring for dogs and cats in violation of this article.

City health officer means the director and sanitarians of the city-county health unit.

Kennel means any lot or premises on which four or more dogs more than six months of age are kept.

Owner means any person, group of persons, association or corporation owning, keeping or harboring a dog or cat.

Restraint means a dog is under restraint if:

(1)

It is controlled by a leash, handheld by a competent person.

(2)

It is within the confines of a motor vehicle.

(3)

It is leashed, chained or in a box-type container when being transported in a pickup truck.

(4)

On property of its owner and is restrained by a leash or chain of such length to prohibit the animal access to other private or public property or access to any walkway required by persons to make mail, newspaper or other deliveries.

(5)

On property of the owner and is confined to the premises through the use of fencing or walls sufficient to prohibit access of the dog to other public or private property.

Stray means any dog or cat found running at large upon public or private lands within the corporate limits of the city, displaying no identification tag, license tag or vaccination tag attached to its collar, and whose owner is unknown.

Under leash , as used in this article, means and includes the condition of a dog being securely held, restrained and confined by his owner, member of family, or agent by means of a strap, chain, rope, cord or other device not exceeding eight feet in length, and in such manner as to prevent the dog from attacking any person.

(Code 1982, § 6-26; Ord. No. 2069, § 1, 5-2-1983; Ord. No. 2079, § 1, 7-25-1983)