§ 5-3. Definitions.

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

Adequate food and water means food and water which is sufficient in amount and appropriate by nature for a particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water consistent with the size, health and age of each particular animal in issue.

Adequate shelter means cover or protection from the elements and weather conditions containing bedding such as straw, hay, or wood shavings, which is small enough to allow the dog or cat to retain its body heat but is large enough to allow the animal to stand, turn around, and lie down.

Animal means any member of the animal kingdom of living being including and without restricting the generality of the foregoing, mammals, birds and reptiles.

Animal control officer(s) means person(s) appointed by the City of Fitzgerald and given authority to enforce the provisions of this chapter.

Animal dealer means any person engaged in the business of buying live animals, other than livestock, of any kind for resale or in selling live animals, other than livestock, of any kind bought for the purpose of resale and includes those businesses commonly referred to as "pet shops."

Animal shelter means any facility operated by or under contract with the City of Fitzgerald for the purpose of impounding or harboring seized, stray, diseased, nuisance, dangerous, neglected, deprived, abused, homeless, abandoned, or unwanted animals or birds; and veterinary hospital or clinic operated by a veterinarian which operates for such purpose, in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals or birds.

Bird means poultry as well as all other avian species.

Bite means to be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or pierced and saliva of the biting animal has contacted the resulting break or abrasion of the skin.

Cat means any member of the animal species Felis catus.

Chaining or tethering means attaching a dog or cat to a stationary object or stake by a leash, cord, chain, rope, tether, cable or other similar restraint. "Tethering" does not include the use of a leash to walk a dog.

Diseased animal means any animal, bird or fish which is the subject of any disease or condition for which the animal is subject to quarantine or which is both contagious to humans or any other animal and is deadly to humans or any other animal.

Dog means any member of the animal species Canis familiaries.

Domestic animal means dogs, cats, livestock, poultry, confined domesticated hares and rabbits, and all other animals and birds raised or maintained in confinement as pets or for work, food or recreational purposes.

Euthanasia means a death brought about by any method which produces rapid loss of consciousness to painless death.

Exposed to rabies means that an animal has been bitten by, or exposed to, any animal known or suspected to have been infected with rabies.

Free running line means a line which is attached, or is secured by a swivel or other device which will prevent the line from being wrapped around some object.

Hopelessly disabled animal means any animal, bird or fish which is the subject of any disease, injury or condition which is a cause of suffering by the animal and from which there is no reasonable probability of recovery.

Humane care means, but is not limited to, the provision of adequate heat, adequate ventilation, adequate sanitary shelter and adequate food and water for an animal consistent with normal requirements and feeding habits of the animals based upon size, age, species, and breed.

Livestock means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals, and all ratites, including, but not limited to, ostriches, emus, and rheas.

Nuisance animal means an animal which:

(1)

Runs at large or is at large;

(2)

Repeatedly molests or disturbs persons or vehicles by chasing, barking or biting;

(3)

Engages in an unprovoked attack upon any other animal;

(4)

Damages property other than that of the owner thereof;

(5)

Creates noise by barking, whining, howling, honking, braying, or crying which is detectable outside the property owner or custodian thereof;

(6)

Creates noxious or offensive odors which are detectable outside the property of the owner or custodian thereof;

(7)

Is in heat and is located upon and in any street or public property, outside property owned or controlled by the owner or custodian of the animal or outside property owned or controlled by a person who has granted express permission thereof; or

(8)

Has no owner or custodian, provided this condition shall not apply to wild animals.

Owner means any person who, with respect to an animal or bird located within the City of Fitzgerald, has, possesses, asserts or claims any ownership or possessory rights to an animal or bird; harbors, maintains or keeps an animal or bird; or exercises custody, charge or control over an animal or bird.

Public roads means any street, road, highway, or way, including full width of the right of way, which is open to the use of the public for vehicular travel.

Vaccination means the administration of antirabic vaccine by a licensed veterinarian at such intervals as required by state law and rules and regulations applicable thereto.

Vicious animal means an animal that attacks a person without provocation at a time and location when and where the person is lawfully entitled to be, or an animal that bites or otherwise injures a person at a time and location when and where the person is lawfully entitled to be.

(Ord. No. 02-1303, 9-9-02; Ord. No. 09-1404, § 1, 5-11-09)