6.04.010 Definitions.
In construing the provisions of this title, except when otherwise stated or when another meaning is apparent from the context, the following words shall have the meaning indicated:
“Abandon” means to leave an animal for a period in excess of 24 continuous hours without adequate provision for its physical needs.
“Altered” means a male or female animal that has been properly neutered or spayed.
“Animal control officer” or “firm” means a person or firm appointed by the borough manager under HBC 6.04.050.
“At large” means not under restraint.
“Competent voice control” means controlling a dog’s movements within 20 feet of and in line of sight to the owner or keeper and in such a manner that the dog exhibits no behavior that would be perceived as threatening to the average person.
“Dangerous animal” means an animal that has bitten or attacked a human being, or caused physical injury to another domestic animal, without provocation on public or private property. A dangerous animal other than a dog shall be regulated in the same manner as a dangerous dog. See HBC 6.08.030.
“Dangerous dog” means a dog that has bitten or attacked a human being, or caused physical injury to another domestic animal, without provocation on public or private property. No dog may be classified as dangerous if:
1. The dog was acting against a trespasser who had illegally entered premises occupied by the keeper of the dog;
2. The dog was being tormented, abused, or assaulted;
3. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack by a person or other animal, or if the dog was acting to defend itself from attack by another animal; or
4. The dog has been trained to attack persons independently or upon oral command while under the control and supervision of an authorized government or law enforcement unit and the action of the dog is directly associated with the proper execution of the unit’s duties.
“Dog” includes all domestic canines, both male and female, natural and sterilized.
“Harboring” or “keeping” means the feeding and caring for an animal by the occupant of any premises or property such that the animal customarily returns daily for such food and care for a period of 10 or more days.
“Kennel” means any place, other than a veterinary hospital, where three or more dogs are confined for breeding and the offspring thereof are sold for profit, or where dogs are received for care, boarding, or training.
“Leash” means a commercial pet leash, rope, cord, thong, or chain of sufficient strength to restrain the dog to which it is attached.
“License” means a dog license issued by the borough under this title.
“Nuisance” means a disturbance caused by a dog to a person or persons other than the owner or keeper or a household member of the owner or keeper of that dog, where the disturbance is a violation of the provisions of this title.
“Owner” or “keeper” means a person or entity who owns, keeps, or harbors a dog.
“Pet shop” means a duly and lawfully licensed place where live dogs and other animals are confined and offered for sale.
“Pound” means a place provided and operated by the borough, or by an independent person, association, corporation or other entity, acting alone or in concert with the borough, for the restraint, confinement, and care of dogs.
“Provocation” means the teasing, tormenting, abusing, or assaulting of an animal that may reasonably be expected to arouse the animal’s rage, fear, protective instinct, or fury or that may reasonably be expected to incite the animal to bite or attack.
“Public emergency” means a situation resulting from conditions of war, insurrection, contagious disease, or other circumstance, which is declared so by the assembly or mayor, and which warrants the restraint and confinement of a dog within the premises or property of the owner or keeper.
“Restraint” means:
1. Physical confinement, as by leash, chain, fence, cage, or building;
2. Under competent voice control; or
3. Secure within a vehicle.
“Veterinary hospital” means an establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment, and care of diseased or injured animals. (Ord. 19-01-514 § 5)