Fulton Definitions ordinance (§ 14-1)

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:

Animal means every nonhuman species of animal, both domestic and wild.

Animal at large means any animal not under the restraint of a person capable of controlling the animal or an animal off the premises of the owner.

Animal shelter means 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 means 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.

Circus means a commercial variety show featuring animal acts for public entertainment.

Commercial animal establishment means any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition or boarding or breeding kennel, training school or any other like facility.

Dangerous animal means:

(1) Any animal which, according to the records of the police or animal control officer has inflicted severe injury on a human being without provocation on public or private property;

(2) Any animal which bites or otherwise injures any person or domestic animal or pet;

(3) Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting;

(4) Any dog, not owned by a governmental or law enforcement unit, used primarily to guard public or private property;

(5) Any animal which habitually snaps at, growls or otherwise manifests a disposition to bite, attack or injure any person or domestic animal or pet; or

(6) Any animal which causes any person to have a reasonable fear of immediate serious physical injury.

No animal may be declared dangerous if the threat, injury or damage was sustained by a person or animal who, at the time, was committing a willful trespass or other wrongdoing upon the premises occupied by the owner or keeper of the animal or who was teasing, tormenting, abusing or assaulting the animal or who has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or who was committing or attempting to commit a crime.

Electronic pet containment system means an in-ground or wireless electronic system designed to keep a pet or other domestic animal within a set of predefined boundaries without the use of a physical barrier. This definition specifically excludes electric fences used for livestock.

Grooming shop means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

Guard dog means any dog specially trained to attack and warn its handler or owner that an intruder is present in or near an area that is being secured.

Harbored means any animal fed or sheltered for three consecutive days.

Humane officer or animal control officer means any person designated by the state, the city or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.

Kennel means an establishment where small domestic animals are boarded for compensation or where two or more dogs are bred or raised for commercial purposes.

Owner means any person owning, in care or control of, possessing, harboring, keeping or sheltering any animal. If the owner is a minor, the term shall include the parent or legal guardian of such minor.

Performing animal exhibition means any spectacle, display, act or event, other than a circus, in which performing animals are used.

Pet or companion animal means any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

Pet shop means any person, partnership or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells or boards any species of animal.

Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than its owner, to the enjoyment of life or property. The term "public nuisance animal" means and includes, but is not limited to any animal that:

(1) Is found at large off the premises of the owner.

(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/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 and others 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 potentially dangerous to the public health, safety or welfare by virtue of the number or types of animals maintained.

(9) Attacks other domestic animals.

Restraint means any animal, when off the premises of the owner, secured by a leash or lead under the control of a responsible person and obedient to that person's commands. Any animal within the real property limits of its owner shall be considered under restraint. Any animal determined to be dangerous shall be restrained as provided in subsection 14-66(e).

Riding school or stable means any place that has available for hire, boarding or riding instruction any horse, pony, donkey, mule or burro or any place that regularly buys, sells or trains such animals, including a racetrack, trotting track or rodeo.

Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring extensive medical care, multiple sutures or cosmetic surgery.

Veterinary hospital means any establishment maintained and operated by a licenses veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

Wild animal means 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, any captive-bred species of common cage birds, any animal for which the owner has previously obtained a permit from the state department of conservation.

Zoological park means any facility operated by a person, partnership, corporation or governmental agency, other than a pet shop, kennel or cattery displaying or exhibiting one or more species of non-domesticated animals.