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Animal Control Ordinance <br />DRAFTv.3 - 8/15/2013 Page 7 <br /> <br />that sells, trades or offers to sell or trade such animals at retail or wholesale, or a person <br />that holds or keeps animals, excluding domesticated livestock, for the purpose of cleaning <br />or grooming[AM3]. <br />Provocation: Any act that would reasonably be expected to cause an animal to <br />defend itself, its young, its owner or keeper or the property of said owner or keeper. <br />Public Nuisance: Actions deemed prima facie evidence of a public nuisance <br />include the following activities of an animal, or conditions maintained or permitted by the <br />animal's owner or keeper: <br />(1) The animal is found at large off as defined in this section. <br />(2) The animal damages the property of anyone other than its owner or <br />keeper, including, but not limited to, turning over garbage containers or <br />damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, <br />or causes injury to domesticated livestock or pets. <br />(3) The animal habitually and repeatedly barks, whines, or howls so as to <br />interfere seriously with the reasonable use and enjoyment by neighboring <br />residents of their property. <br />(4) The animal repeatedly chases, snaps at, or barks at persons, domesticated <br />livestock, pets, or vehicles when it is not in an enclosure, leashed, or on <br />the owner's or keeper's property. <br />(5) The owner or keeper fails to confine a female dog while in heat (estrus) in <br />a building or secure enclosure in such a manner that she will not be in <br />contact with another dog, provided, this section shall not be construed to <br />prohibit the intentional breeding of animals within an enclosed area on the <br />premises of the owner or keeper of an animal involved in the breeding <br />process <br />Restraint: An animal is under restraint if it is under sufficient physical restraint <br />such as a leash, cage, bridle, or similar effective and humane device which restrains and <br />controls the animal, or within a vehicle, or adequately contained by a fence on the <br />premises or other secure enclosure as permitted in this Ordinance. If a competent adult is <br />physically outside on the land with the animal, on land where the owner or keeper of the <br />animal resides, then the animal shall be deemed to be under restraint during the time the <br />animal is in the company of and under the control of that competent person and the <br />animal is on the premises. If any unattended animal is restrained by a chain, leash or <br />similar restraint, it shall be designated and placed to prevent choking or strangulation. <br />Such chain or restraint shall not be less than ten feet in length and shall be on a swivel <br />designed to prevent the animal from choking or strangling itself. The restraint of <br />unattended dogs by a fence, kennel, outdoor enclosure, chain, leash or similar restraint is <br />further regulated under this Ordinance. <br />Security Dog: Any dog used, kept or maintained on the premises of its owner or <br />keeper for the purpose of protecting any person or property. Any such dog shall be <br />further classified as a patrol dog or sentry dog.