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Animal Control Ordinance
<br />DRAFTv.3 - 8/15/2013 Page 5
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<br />this definition, the term "real property of its owner or keeper" shall include any property
<br />owned or occupied by the owner or keeper of such animal but shall not include any of the
<br />common areas (including without limitation, walks, drives, recreation and open space
<br />areas, etc.) within any subdivision or multifamily residential development.
<br />Class I Kennels: An establishment maintained by any person where animals of
<br />any species, excluding domesticated livestock, are kept for the purpose of showing,
<br />competition, hunting or sport, and which establishment is so constructed that the animals
<br />cannot stray therefrom, and which maintains more than six but less than 19 animals[AM2].
<br />Class II Kennels: Any person maintaining an establishment where animals of any
<br />species excluding domesticated livestock, kept for the purpose of breeding, buying,
<br />selling, or boarding such animals or engaged in the training of dogs for guard or sentry
<br />purposes, and which establishment is so constructed that the animals cannot stray
<br />therefrom; or any person owning or keeping 20 or more animals, excluding domesticated
<br />livestock, each of which is four months of age or older.
<br />Competent Person: A person of suitable age and discretion to keep an animal
<br />under sufficient restraint and control in order to prevent harm to the animal, to persons, to
<br />other animals, including but not limited to domesticated livestock, or to property.
<br />Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable
<br />physical pain, suffering, or death is caused or permitted;. Such acts or omissions shall
<br />include, but not be limited to: beating, kicking, hanging, submerging under water,
<br />suffocating, poisoning, setting on fire, confining in a closed vehicle without functioning
<br />air conditioning or ventilation whenever the ambient temperature exceeds seventy (70)
<br />degrees Fahrenheit, confining in the closed trunk of a vehicle and depriving of food,
<br />water, and medical treatment, or otherwise subjecting the animal to conditions
<br />detrimental to its health or general welfare. Such terms, however, shall not be construed
<br />to include lawful taking of animals under the jurisdiction and regulation of the Wildlife
<br />Resources Commission, lawful activities sponsored by agencies conducting biomedical
<br />research or training, lawful activities for sport.
<br />Display: Display shall mean any exhibition, act, circus, public show, trade show,
<br />photographic opportunity, carnival ride, parade, race, performance, or similar undertaking
<br />in which animals are required to perform tricks, fights, wrestle or participate in
<br />performances for the amusement or entertainment of an audience, whether or not a fee is
<br />charged. "Display" shall not include the use or exhibition of animals for animal-related
<br />educational purposes by non-profit groups or institutions or individuals. "Displayed"
<br />means to be the subject thereof.
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<br /> Domestic Animal: A domesticated or tame animal that is kept principally as a pet,
<br />except that livestock (other than rabbits kept as pets and not for productive purposes) and
<br />wild animals shall not be regarded as domestic animals.
<br />Domesticated Livestock: Livestock raised for the production of meat, milk, eggs,
<br />fiber, or used for draft or equestrian purposes, including but not limited to cattle, sheep,
<br />goats, swine, horses, mules, rabbits, and poultry.
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