Section 6.04.010 Definitions.

    As used in this title:
    1.    “Animal” means any and all types of livestock, dogs and cats, and all other subhuman creatures, both domestic and wild, male and female, singular and plural.
    2.    “Animal boarding establishment” means any establishment that takes in animals and boards them for profit.
    3.    "Animal Control Director",  "Division Director", and "Director" each mean the Director of the Animal Care and Control Division.
    4.     “Animal grooming parlor” means any establishment maintained for the purpose of offering cosmetological services for animals for profit.
    5.     “Animal shelter” means any facility owned and operated by a governmental entity or any animal welfare organization which is incorporated within the state of Utah for the purpose of preventing cruelty to animals and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs, cats, or other small domestic animals.
    6.     “Animal at large” means  any animal, whether licensed or not, when
a.  The animal is off the property of the owner or custodian and is not under the immediate
physical restraint by the owner or custodian.  "Immediate physical restraint" means a durable restraint device, such as a leash, cage, or other device capable of keeping the animal under physical control.
b.  The animal is on the property of the owner or custodian and is not:
    (1).  Securely confined in a building, fenced area, cage or kennel;
    (2).  Under the immediate physical restraint by the owner or custodian; or    
    (3).  Under the immediate and effective control of the owner or custodian and does not cause fear to or constitute or appear to present any threat or danger to the safety, comfort or health of other persons.
    c.  A working dog while being used for herding sheep, cattle, or other livestock; a hunting dog while lawfully being used to hunt game; or a dog while being trained for herding or hunting shall not be deemed to be an animal at large if the dog is under the proper control of its owner or custodian.
    7.      “Bite” means any actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
    8.      “Cat” means any age feline of the domesticated types.
    9.      “Cattery” means an establishment for boarding, breeding, buying, grooming or selling cats for profit.
    10.  "Center" means the Davis County Animal Control Center.
    11.  "Custodian" means a person having formal or informal custody, control, or possession.
    12.    “Dangerous animal” means any animal that:
    a.    Is dangerously aggressive or uncontrollable, including, but not limited to, any animal which has bitten or in any manner attacked any person or animal with or without provocation whether on public or private property;
    b.    Has been previously found to be a potentially dangerous animal, whose owner has received notice of such, and it is witnessed and documented that the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or
    c.    Is found to be in violation of any of the restrictions placed upon the animal by the department pertaining to a potentially dangerous animal.
    13.    “Department”  and "Department of Animal Care and Control" each mean the Animal Care and Control Division of the Davis County Sheriff's Office.
    14.     "Division" means the Animal Care and Control Division of the Davis County Sheriff's Office.    15.    “Dog” means any canis familiaris.
    16.    “Domestic animals” means animals customarily and accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, fowls, horses, swine, cows, sheep, mules, donkeys, cattle and llamas.
    17.    “Estray” means any livestock found at large.
    18.    “Guard dog” means a working dog which must be kept in a fenced run or other suitable enclosure during business hours, or on a leash or under absolute control while working, so that it cannot come into contact with the public.
    19.    “Kennel” means land or buildings used in the keeping of three or more dogs, four months or older.
    20.    “Livestock” means any normally domesticated animal that is not a cat, or dog, such as; cattle, sheep, goats, mules, burros, swine, horses, geese, ducks, turkeys, etc.
    21.    “Owner” means any person having an ownership or proprietary interest in an animal or having formal or informal custody of an animal.
    22.    “Pet” means a domesticated animal kept for pleasure rather than utility, including but not limited to, birds, cats, dogs, fish, hamsters, mice, and other animals associated with man’ s environment.
    23.    “Pet shop” means any establishment containing cages or exhibition pens, not part of the kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.
    24.    “Potentially dangerous animal” means any animal:
    a.    That, with or without provocation, chases, attacks, threatens or approaches a person, domestic animal or livestock in a threatening or menacing fashion, or apparent attitude of attack;
    b.    Any animal with a known propensity, tendency or disposition to attack a person, domestic animal, or livestock with or without provocation; or
    c.    That, because of witnessed and documented conduct is reasonably believed to be capable or causing injury to or otherwise poses a threat to the safety of a person, another animal or livestock.
    25.    “Quarantine” means the isolation of an animal as required by this title in a substantial and approved enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
    26.    “Restraint device” means any chain, leash, cord, rope, or other device used to physically restrain an animal, exclusive of any underground or other electrical or radio device.
    27.    “Riding school or stable” means an establishment, person or business which offers boarding and/or riding instruction of any horse or other riding animal or which offers such animal for hire.
    28.    “Vicious animal” means any animal which has:
    a.    Inflicted severe injury on a human being with or without provocation on public or private property;
    b.    Has killed a domestic animal with or without provocation while off the owner’ s property; or
    c.    Has been previously found to be dangerous, the owner having received notice of such and the animal again bites, attacks, or endangers the safety of humans or domestic animals, or it is witnessed and documented that the animal is in violation of restrictions placed upon it as a potentially dangerous or dangerous animal pursuant to Sections 6.16.050 and 6.16.060 of this title.
    29.  “Wild animal” means any animal which is not commonly domesticated, or which is of a wild or predatory nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner. Those animals, however domesticated, shall include but are not limited to:
    a.    Alligators, crocodiles, Caiman;
    b.    Bears (Ursidae). All bears including grizzly bears, brown bears and black bears;
    c.    Cat Family (Felidae). All except the commonly accepted domesticated cats; including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers and wildcats;
    d.    Dog Family (Canidae). All, except domesticated dogs, and including wolf, fox, coyote, and wild dingo. Any dog cross bred with a wild animal as described above shall be considered to be a wild animal;
    e.    Porcupine;
    f.    Primates (all subhuman primates);
    g.    Raccoon (all varieties);
    h.    Skunks;
    i.    Venomous snakes or lizards;
    j.    Weasels. (All weasels, martens, wolverines, badgers, otters, ermine, mink and mongoose, except that the possession of mink shall not be prohibited when raised commercially for their pelts, in or upon a properly constructed legally operated ranch.  


(Ord. 06-2006, Amended, 07/19/2006, Prior Text; Ord. 03-2003, Amended, 03/11/2003, Prior Text)