<div class="chunk-title">Sec. 6-3. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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:
               </p>
            <p class="p0">
               <span class="ital">Abandon</span> means to intentionally, knowingly, recklessly, or negligently leave an animal at
               a location without providing adequate food, water, and shelter or otherwise providing
               for the animal's care. A community cat caregiver who provides care to or has temporary
               custody of a community cat in accordance with a trap-neuter-return program as defined
               in this chapter is not deemed to have abandoned the cat.
               </p>
            <p class="p0">
               <span class="ital">Adequate food</span> means the provision at suitable intervals, not to exceed 24 hours, of a quantity
               of wholesome foodstuff suitable for the species and age, sufficient to maintain nutrition
               in each animal. Such foodstuff shall be served in a receptacle, dish or container
               that is physically clean and in which agents injurious to health have been removed
               or destroyed to a practical minimum.
               </p>
            <p class="p0">
               <span class="ital">Adequate shelter</span> means, at a minimum, an enclosure having at least three solid sides, a roof and a
               floor, an igloo shaped enclosure, or a nonmetal cylinder with one enclosed end which
               will keep a non-aquatic animal dry and out of the direct sun, at a temperature level
               that is healthful for the animal, is structurally sound and in good repair, in an
               area that has sufficient room for each animal to move about freely and lie down comfortably,
               free of accumulated waste and debris, with sufficient drainage so as to eliminate
               excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount
               of clean water in which to move.
               </p>
            <p class="p0">
               <span class="ital">Adequate veterinary care</span> means veterinary care when needed to prevent suffering, and humane care and treatment.
               </p>
            <p class="p0">
               <span class="ital">Adequate water</span> means a constant access to a supply of clean, fresh water suitable for drinking and
               provided in a sanitary manner. No algae shall be in the receptacle and water must
               not be frozen or too hot to be utilized for drinking.
               </p>
            <p class="p0">
               <span class="ital">Animal</span> means every non-human species that has been domesticated by man.
               </p>
            <p class="p0">
               <span class="ital">Animal control officer</span> means any person or persons hired under the county's personnel policy to pick up,
               restrain, impound, care for, or otherwise dispose of animals, and who is responsible
               for discharging such other duties or functions as may be prescribed by this chapter
               or any other county ordinance provision or by state laws or by the director of emergency
               services.
               </p>
            <p class="p0">
               <span class="ital">Animal services</span> means the Catawba County Division of Animal Services.
               </p>
            <p class="p0">
               <span class="ital">Animal shelter</span> means any premises designated by the county for the purpose of impounding and caring
               for animals found running at large or otherwise subject to impounding in accordance
               with the provisions of this chapter.
               </p>
            <p class="p0">
               <span class="ital">At large</span> means any animal found off of the property of its owner and not under restraint or
               any animal previously determined to be dangerous or potentially dangerous that is
               not under restraint or confined to a secure enclosure while on the property of its
               owner. This definition shall exclude any dog which is in a county-designated dog park.
               </p>
            <p class="p0">
               <span class="ital">Bite</span> means the act of an animal seizing flesh with its teeth or jaws, so as to tear, pierce
               or injure the flesh.
               </p>
            <p class="p0">
               <span class="ital">Business day</span> means any day of the week excluding Saturday, Sunday and county holidays. If the
               last day of the time period falls on a Saturday, Sunday or county holiday, then the
               action required shall be undertaken on the next day that is not a Saturday, Sunday
               or county holiday.
               </p>
            <p class="p0">
               <span class="ital">Care of an animal</span> means keeping, harboring or having charge or control of and providing adequate shelter,
               food, water, and veterinary care to an animal.
               </p>
            <p class="p0">
               <span class="ital">Cat</span> means any and all domestic felines (Felis catus).
               </p>
            <p class="p0">
               <span class="ital">Community cat</span> means a cat that is abandoned, stray, lost, or feral and cared for by a community
               cat caregiver pursuant to this chapter.
               </p>
            <p class="p0">
               <span class="ital">Community cat caregiver</span> means a person who, in accordance with the trap-neuter-return program defined in
               this chapter:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Provides care, including food, shelter, or medical care to a community cat; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Has temporary custody over a community cat.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Confinement</span> means impoundment within the county's animal shelter or other appropriate facility.
               </p>
            <p class="p0">
               <span class="ital">Crowded conditions</span> means confining an animal(s) to an area without sufficient room for each animal to
               move about freely and lie down comfortably, free of accumulated waste, debris, excess
               water, or moisture.
               </p>
            <p class="p0">
               <span class="ital">Cruelty and cruel treatment</span> means every act, omission, or neglect whereby unjustifiable pain, suffering or death
               is caused or permitted, or attempted to be caused or permitted against animals, acts
               or attempted acts of teasing, molesting, baiting or trapping of animals unlawfully,
               or acts prohibited under G.S. 14-360.
               </p>
            <p class="p0">
               <span class="ital">Currently vaccinated against rabies</span> means an animal that has received a primary rabies vaccine at least 28 calendar days
               ago, or has received a booster vaccine administered in accordance with the vaccine
               manufacturer's package insert and is within the vaccine's duration of immunity for
               that particular species.
               </p>
            <p class="p0">
               <span class="ital">Dangerous dog</span> means any dog that:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Is deemed by the director of emergency services to be a level 1 or level 2 dangerous
                  dog pursuant to the provisions of <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-131DEDAPODADO" class="section-link" data-product-id="13891">section 6-131</a>; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Has been declared a dangerous dog in another county or state.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Dangerous exotic animal</span> means any living animal as set forth in article VIII.
               </p>
            <p class="p0">
               <span class="ital">Director of emergency services</span> includes his or her designee.
               </p>
            <p class="p0">
               <span class="ital">Dog</span> means any and all domestic canines (Canis lupus familiarus).
               </p>
            <p class="p0">
               <span class="ital">Domestic animal</span> means any animal domesticated by man for his use, e.g., horse, dog, cat.
               </p>
            <p class="p0">
               <span class="ital">Ear tipping</span> means the removal of the quarter-inch tip of a community cat's left ear, performed
               while the cat is under anesthesia, to identify the community cat as being sterilized
               and lawfully vaccinated for rabies.
               </p>
            <p class="p0">
               <span class="ital">Estrus</span> means the period of maximum sexual receptivity of a female animal, commonly called
               "heat" or "rut."
               </p>
            <p class="p0">
               <span class="ital">Exposed to rabies</span> means any person or animal that has bitten, been bitten by or otherwise came into
               contact or potentially came into contact with the bodily fluids of any animal known
               or suspected to have been infected with rabies.
               </p>
            <p class="p0">
               <span class="ital">Feral cat</span> means a domestic cat which has adapted to survive in the wild, is homeless and ownerless.
               </p>
            <p class="p0">
               <span class="ital">Ferret</span> means a domestic mammal of the genus, species, and subspecies Mustela putorius furo.
               </p>
            <p class="p0">
               <span class="ital">Flood prone area</span> means an area in which two or more inches of standing water are likely to accumulate
               during a period of normal rainfall.
               </p>
            <p class="p0">
               <span class="ital">Habitual violation</span> means more than three violations of this chapter in a three-year period.
               </p>
            <p class="p0">
               <span class="ital">Harbor</span> means sheltering and/or hiding an animal.
               </p>
            <p class="p0">
               <span class="ital">Impoundment</span> means possession or seizure of an animal by the animal services division for placement
               in the animal shelter or other appropriate facility.
               </p>
            <p class="p0">
               <span class="ital">Necessary sustenance</span> means adequate food and water as those terms are defined in this section.
               </p>
            <p class="p0">
               <span class="ital">Neuter</span> or <span class="ital">neutered</span> means to operate upon any male animal to prevent future reproduction.
               </p>
            <p class="p0">
               <span class="ital">Nighttime</span> means the time from sunset until sunrise.
               </p>
            <p class="p0">
               <span class="ital">Nuisance</span> means any act of an animal, or group of animals sharing common ownership, that annoys
               or disturbs rights and privileges common to the public or enjoyment of private property.
               The commission of a nuisance act on more than one occasion shall be evidence of a
               nuisance. A nuisance act includes, but is not limited to, the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Turns over garbage containers or removes garbage from a container.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Walks on or sleeps on automobiles of another person.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Damages gardens, foliage or other real personal property of another person.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Continuously or frequently roams or is found on the property of another person.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Is maintained in an unsanitary condition so as to be offensive to sight or smell.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Is not confined to a building or secure enclosure when in estrus.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Chases, snaps at, attacks, or otherwise molests pedestrians, cyclists, motor vehicle
                  passengers, farm stock or domestic animals.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  Defecates on private property without the permission of the owner.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Is diseased or dangerous to the health of the public.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  Is housed or restrained less than five feet from a public street, road or sidewalk
                  and, in the discretion of the animal control officer, poses a threat to the general
                  safety, health and welfare of the general public.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Owner</span> means any person, group of persons, firm, partnership or corporation owning, keeping,
               having charge of or taking care of an animal or allowing an animal to remain on his/her
               property. A person, group of persons, firm, partnership or corporation caring for
               or having temporary custody of a community cat as a community cat caregiver shall
               not be considered the owner or keeper of the cat.
               </p>
            <p class="p0">
               <span class="ital">Owner's property</span> means that area described in a deed of conveyance or the area described in a lease.
               In a situation involving town homes, condominiums or apartments, animal services will
               treat the common areas as being owned by the homeowners' association or lessor. A
               motor vehicle is not part of the owner's property unless it is physically located
               on the area described in a deed of conveyance or area described in a lease. A motor
               vehicle that is physically located in or on the common areas of town homes, condominiums
               or leased apartments, or other public areas shall be treated as being off the owner's
               property.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means any human being, firm, partnership or corporation, including non-profit corporation.
               </p>
            <p class="p0">
               <span class="ital">Poisonous reptile</span> means any animal that crawls or moves on its belly as a snake or on small short legs
               such as a lizard and has the capability of injecting humans or animals with venom,
               which may cause death or physical injury.
               </p>
            <p class="p0">
               <span class="ital">Potential rabies carrier</span> means any species commonly recognized to be a carrier of rabies, such as, but not
               limited to, raccoons, foxes, skunks, coyotes and bats.
               </p>
            <p class="p0">
               <span class="ital">Potentially dangerous dog</span> means any dog that:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Is deemed by the director of emergency services to be a potentially dangerous dog
                  pursuant to the provisions of <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-131DEDAPODADO" class="section-link" data-product-id="13891">section 6-131</a>; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Has been declared a potentially dangerous dog in another county or state.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Preventive measures</span> mean those measures, as required by animal services, taken to effectively restrain
               an animal or group of animals sharing common ownership, that has been deemed a public
               nuisance or a dog has been declared dangerous or potentially dangerous.
               </p>
            <p class="p0">
               <span class="ital">Provocation or provoking</span> means any action designed to goad, inflame, instigate or stimulate an aggressive
               or defensive response on the part of an animal, but provocation shall not include
               any actions on the part of an individual that pertain to reasonable efforts of self-defense
               against an unprovoked animal.
               </p>
            <p class="p0">
               <span class="ital">Rabies vaccinator</span> means a person appointed and certified to administer rabies vaccine or a licensed
               veterinarian.
               </p>
            <p class="p0">
               <span class="ital">Restraint</span> means a secure enclosure located on the owner's property, a chain or other tether
               no longer than 20 feet in length, a leash no longer than six feet in length, or other
               physical or electronic device of sufficient strength, which allows the owner to maintain
               control of an animal. Voice command is not recognized as adequate restraint.
               </p>
            <p class="p0">
               <span class="ital">Secure enclosure</span> means an enclosure from which an animal cannot escape unless freed by the owner.
               Space and height requirements and other specifications for secure enclosures may be
               obtained from animal services based on the breed, age, height and weight of the animal
               or as required by <a href="" data-chunk-id="COOR_CH6AN_ARTVIDAPODADO_S6-133COREPEDAPODADO" class="section-link" data-product-id="13891">section 6-133</a>.
               </p>
            <p class="p0">
               <span class="ital">Severe injury</span> means any physical injury that results in broken bones or disfiguring lacerations,
               requires reconstructive surgery or hospitalization, or injury determined to be severe
               by a physician or veterinarian.
               </p>
            <p class="p0">
               <span class="ital">Spay</span> or <span class="ital">spayed means</span> to operate upon any female animal to prevent future reproduction.
               </p>
            <p class="p0">
               <span class="ital">Stray, lost,</span>
               <span class="ital">or unwanted</span> means any animal found within the county wandering at large which does not appear
               to have an owner and does not bear evidence of identification of any owner, or any
               animal whose owner, if determinable, has failed to attach a valid rabies tag for the
               animal.
               </p>
            <p class="p0">
               <span class="ital">Trap-neuter-return</span> means the process of humanely trapping, sterilizing, vaccinating for rabies, ear
               tipping, and returning community cats to their original location.
               </p>
            <p class="p0">
               <span class="ital">Vaccination</span> means the administration of rabies vaccine by a licensed veterinarian or by a certified
               rabies vaccinator.
               </p>
            <p class="p0">
               <span class="ital">Wild animal</span> means any animal that is not normally domesticated. A hybrid of any animal, regardless
               of genetic percentages, shall be deemed a wild animal.
               </p>
            <p class="historynote0">
               (Ord. of 8-17-2009; Ord. No. 2009-13, 11-16-2009; Ord. No. 2014-04, 6-16-2014; Ord.
               No. 2023-02, 3-6-2023)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Definitions generally, <a href="" data-chunk-id="COOR_CH1GEPR_S1-2DERUCO" class="section-link" data-product-id="13891">Â§ 1-2</a>.
               </p></div>