§ 10-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any mammal, excluding humans.

Animal control officer means any person employed, hired, or appointed by the county or the city who is authorized to investigate, on public or private property, code violations as provided in this chapter. An animal control officer is not authorized to bear arms or make arrests. Animal control officer shall include, but is not limited to, code compliance officers, employees of the fire department, and employees of the police department.

Control means the regulation of the possession, ownership, care and custody of animals.

Cruelty means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal.

Law enforcement officer means any person who is elected, appointed or employed full-time by the city or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition shall include all part-time law enforcement officers, auxiliary law enforcement officers, and all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include support personnel employed by the employing agency.

Notice of Violation means a written notice, issued to a person by an officer, that the person has committed a civil infraction in violation of this chapter. The notice of violation shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person cited.

(3)

The date and time the violation was committed.

(4)

The facts constituting the violation.

(5)

The ordinance violated.

(6)

The name of the officer.

(7)

The procedure for the person to follow in order to pay the fine or to appeal the citation.

(8)

A statement that if the person fails to pay the fine within the time allowed, or fails to appeal the violation by requesting an administrative hearing with the clerk of the special master within ten days after service of the notice of violation, the person shall be deemed to have admitted the violation and waived his or her right to appeal the violation and that, unpaid fines will result in the imposition of liens that may be foreclosed by the city.

Offense means a notice of violation that has not been appealed timely or a finding of a violation by a special master following the appeal of the violation.

Officer means any law enforcement officer, any veterinarian or any animal control officer.

Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of the county or the city the violation of which is a civil infraction.

Owner means the owner of any real property or improvement thereon or lessee of real property, building or apartment, hotel, motel or condominium unit.

Premises means the legal boundaries of any real property, improvement, apartment, hotel, motel or condominium unit, whether owned or leased.

Responsible person means any person having custody, control or ownership of an animal.

Veterinarian means a person who is licensed to engage in the practice of veterinary medicine in the state under the authority of state law.

(Code 1964, § 4-1; Ord. No. 2008-3604, § 1, 4-16-08)

Cross reference

Definitions generally, § 1-2.