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    Sec. 7-33. Definitions.


    Sec. 7-33. Definitions.
    The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section:
    Cat: Every cat regardless of age;
    Dog: Every dog regardless of age;
    Destructive dog or cat: For the purpose of this article a destructive dog or cat shall be:
    (1) Any dog or cat that frequently or habitually injures or destroys property of any person other than the owner or custodian thereof: or
    (2) Any dog or cat that frequently or habitually turns over garbage cans, when constructed and covered in strict accordance with chapter 21.2, of any person other than the owner or custodian thereof.
    Own and owner: Includes any person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care, or who acts as its custodian, and any person who permits a dog or cat to remain on or about any premises occupied by him.
    Public nuisance: For the purposes of this article a public nuisance dog or cat shall be:
    (1) Any dog that molests passersby or passing vehicles;
    (2) Any dog that attacks other animals;
    (3) Any dog that trespasses on school grounds;
    (4) Any dog that is in violation of section 7-36 on three (3) or more occasions;
    (5) Any dog that damages private or public property; or
    (6) Any dog or cat that barks or meows, whines, howls or cries, in an excessive, continuous or untimely fashion, that disturbs the peace and quiet of any person or neighborhood shall be deemed a public nuisance.
    (7) Any cat that damages public or private property.
    Run at large: A dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate physical or voice control; physical control shall include confinement of the animal by a fence, chain, leash or some other means of physical restraint or the owner's or custodian's physical presence; provided, that this section shall not apply where the owner, custodian or trainer has put down a dog for the express purpose of hunting game in an area where it is lawful to hunt, compete in field trial or train, and such dog becomes temporarily out of control of such owner, custodian or trainer or is returning to the place of release after the hunt or chase. (Code 1959, § 4-36; Ord. of 8-14-79; Ord. No. O-01-171, 9-18-01)
    Last updated date: 10/23/2006 4:15:21 PM