§ 6-16. Definitions.

For the purposes of this article, the following words, terms and phrases shall have the following meanings respectively ascribed to them in this section:

Animal shall mean dogs, cats, horses, birds, including fowl and poultry, or other domesticated birds or animals, which are harbored, fed or kept by any person or group of persons.

Animal control authority shall mean the city chief of police or his or her designee.

Animal shelter shall mean any appropriate facility designated by the city for animal control purposes.

At large shall mean off the premises of the owner and not under the control of the owner or a member of his or her immediate family or some other competent person either by leash or otherwise.

Bite shall mean puncturing or marking the skin of a human or animal.

Dangerous dog shall mean any dog that has:

(1)

Without provocation, inflicted substantial bodily harm on a human being on public or private property;

(2)

Killed a domestic animal without provocation while off the owner's property; or

(3)

Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.

Dangerous dog review board shall mean a three-member panel appointed by the city council, of which one of the members shall be a local veterinarian.

Great bodily harm shall mean bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

Nondomestic animal shall mean any wild animal, reptile, or fowl which is not naturally tame but is of a wild nature or disposition or which, because of its size or other characteristics, would constitute a danger to human life or property.

Owner shall mean any person, firm, corporation, organization, or department possessing, having an interest in, keeping, harboring, or having care, custody, or control of an animal.

Potentially dangerous dog shall mean any dog that:

(1)

When unprovoked, inflicts bites on a human or domestic animal on public or private property;

(2)

When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or

(3)

Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

Proper enclosure shall mean securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements. A dog pen or run must be set back from all property lines a minimum of ten (10) feet. A dog pen or run must have a secure top and a hard surface floor to which the sides are secured. The door or gate of a pen or run must be secured with a combination or keyed lock. A proper enclosure does not include a porch, patio, or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.

Provocation shall mean an act that an adult could reasonably expect that may cause a dog to attack or bite.

Substantial bodily harm shall mean bodily injury which involves a temporary but subsequent disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

(Ord. No. 2009-20, § 1, 12-22-09)