Chapter 6.04 DEFINITIONS
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)