<div class="chunk-title">Sec. 4-13. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               <span class="ital">Abandon</span> means to intentionally, knowingly, recklessly, or negligently leave an animal at
               a location without providing for the animal's care for 24 or more consecutive hours.
               A community cat caregiver who provides care to, or has temporary custody of, a community
               cat in accordance with a "trap-neuter-vaccinate-release program," as defined in this
               chapter is not deemed to have abandoned the cat merely by letting it reside outdoors.
               </p>
            <p class="p0">
               <span class="ital">Adequate shelter</span> means an enclosure having at least three solid sides, a roof and a floor, that remains
               dry inside, is ventilated and has sufficient room for an animal to move about freely
               and lie down comfortably and promotes the retention of body heat.
               </p>
            <p class="p0">
               <span class="ital">Animal</span> means every nonhuman species, both domestic and wild.
               </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 confined to a secure enclosure while on the property of its owner. This definition
               shall exclude any dog which is in a dog park. This definition shall exclude any dog
               being used by a law enforcement officer while carrying out the law enforcement officer's
               official duties.
               </p>
            <p class="p0">
               <span class="ital">Attended leash</span> means that the tethered dog is in visual range of the responsible party, and the
               responsible party is located outside with the dog.
               </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">Board of commissioners</span> means the Durham County Board of County Commissioners.
               </p>
            <p class="p0">
               <span class="ital">Cats</span> means any and all domestic felines.
               </p>
            <p class="p0">
               <span class="ital">City</span> means the City of Durham, North Carolina.
               </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. Community cats that are ear-tipped indicate
               the animal has been sterilized and vaccinated against rabies at least one time.
               </p>
            <p class="p0">
               <span class="ital">Community cat caregiver</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  A person who, in accordance with the trap-neuter-vaccinate-release (TNVR) program
                  defined in this chapter:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Provides care, including food, shelter, or medical care to a community cat; or
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Has temporary custody over a community cat.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  A community cat caregiver shall not be considered the owner or keeper of a community
                  cat for purposes of this chapter.
                  </p>
               		
               <p class="b2">
                  This chapter does not provide any immunity for civil or criminal actions otherwise
                  available under law.
                  </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">County</span> means Durham County, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Cruelty</span> and <span class="ital">cruel treatment</span> means every act, omission, or act of neglect whereby unjustifiable pain, suffering
               or death is caused or permitted, or attempted to be caused or permitted against animals,
               as well as acts or attempted acts of teasing, molesting, baiting or trapping of animals
               unlawfully.
               </p>
            <p class="p0">
               <span class="ital">Dog park</span> means an area or tract designated by the owner of the property to be a place in which
               a dog or dogs are not required to be under restraint. The area or tract designated
               by the owner of the property must be a secured enclosure. The owner of the property
               shall post in a conspicuous place and manner a sign on the outside of the enclosure,
               which designates the area or tract as a dog park.
               </p>
            <p class="p0">
               <span class="ital">Dogs</span> means any and all domestic canines.
               </p>
            <p class="p0">
               <span class="ital">Exotic animal</span> means a species of animal not indigenous to this state. The term specifically does
               not include animals of a species customarily held in this state as ordinary household
               pets, animals of a species used in the state as a domestic farm animal, fish, birds,
               nonvenomous insects, nonvenomous reptiles and species that are deemed inherently dangerous
               under article XII of this chapter or regulated by the North Carolina Wildlife Resource
               Commission.
               </p>
            <p class="p0">
               <span class="ital">Feral cat</span> means a domestic cat which is unsocialized and has adapted to survive in the wild.
               </p>
            <p class="p0">
               <span class="ital">Flood-prone area</span> means an area in which two or more inches of standing water is likely to accumulate
               during a period of normal rainfall.
               </p>
            <p class="p0">
               <span class="ital">Habitual violation</span> means three or more violations of this chapter in the past three years and the most
               recent violation was within the past 12 months.
               </p>
            <p class="p0">
               <span class="ital">Impoundment</span> means possession or seizure of an animal by the sheriff and his/her designees for
               placement in the county's animal shelter or other appropriate facility.
               </p>
            <p class="p0">
               <span class="ital">In estrus</span> means a female animal in what is commonly called "heat".
               </p>
            <p class="p0">
               <span class="ital">Livestock</span> shall include, but shall not be limited to, equine animals, bovine animals, sheep,
               goats, llamas, and swine as set forth in G.S. ch. 68, art. 3.
               </p>
            <p class="p0">
               <span class="ital">Microchip</span> refers to a tiny permanent identification system, implanted under the animal's skin
               and read by a chip scanner which identifies the owners name and address which is available
               on regional or national data bases. Implantation is done with an injector that places
               the chip under the loose skin over the animal's shoulder.
               </p>
            <p class="p0">
               <span class="ital">Nuisance</span> means any act of an animal that disturbs the rights of, threatens the safety of,
               or damages the person or property of, a member of the general public or interferes
               with the ordinary use and enjoyment of private or public property. The following is
               a non-exclusive list of actions which shall be evidence of a nuisance:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Gets into or turns over garbage containers.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Walks on and/or sleeps on automobiles of another.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Damages gardens, foliage or other real or personal property.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Continuously or frequently roams or is found on the property of another.
                  </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 while in estrus.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Chases, snaps at, attacks, or otherwise molests pedestrians, bicyclists, motor vehicle
                  passengers, farm stock, or domestic animals.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  Urinates or 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 maintained outside less than 15 feet from a public street, road, or sidewalk and
                  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. Any person keeping, having charge of, taking care of, or allowing a community
               to cat to remain on their property is not considered the owner of that animal for
               the purposes of this chapter.
               </p>
            <p class="p0">
               This chapter does not provide any immunity for civil or criminal actions otherwise
               available under law.
               </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 townhomes or condominiums, the common areas will be treated
               as being owned by the homeowner's association. In a situation involving leased apartments,
               the common areas will be treated as being owned by the lessor/property owner.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means any human being, firm, partnership, or corporation, including any nonprofit
               corporation.
               </p>
            <p class="p0">
               <span class="ital">Pet shop</span> means a business or enterprise, that acquires for the purpose of resale animals bred
               by others whether as owner, agent or on consignment and sells, trades or offers to
               sell or trade such animals to the general public at retail or wholesale.
               </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, attended leash, 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> unless otherwise specifically defined herein, means an enclosure from which an animal
               cannot escape by means of digging under or jumping over the enclosure, or otherwise
               becoming free unless freed by the owner. A motor vehicle shall not constitute a secure
               enclosure.
               </p>
            <p class="p0">
               <span class="ital">Stray, lost,</span> or <span class="ital">unwanted</span> means any animal found within the county wandering at large which does not have identification
               of an owner.
               </p>
            <p class="p0">
               <span class="ital">Tethering</span> means tying out or fastening a dog outdoors on a rope, chain or other type of line
               for holding a dog. This shall not include tying out or fastening a dog outdoors on
               an attended leash.
               </p>
            <p class="p0">
               <span class="ital">Trap-neuter-vaccinate-release</span> means the process of humanely trapping, sterilizing, vaccinating for rabies and FVRCP
               (Feline Viral Rhinotracheitis, Calicivirus, and Panleukopenia) ear-tipping, and returning
               community cats to their original location, or an alternative location where they will
               be welcomed.
               </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. For community cats, the term vaccination shall also include FVRCP.
               </p>
            <p class="p0">
               <span class="ital">Wild animal</span> means any animal that is or once was native to this state or any species of wild
               bird which naturally occurs or historically occurred in this state, being native or
               migratory.
               </p>
            <p class="p0">
               <span class="ital">Working days</span> means any day of the week excluding Saturday, Sunday and legal holidays. If the last
               day of the time period specified herein, shall fall on a Saturday, Sunday or legal
               holiday, then the action required shall be undertaken on the next day that is not
               a Saturday, Sunday or legal holiday.
               </p>
            <p class="historynote0">
               (Ord. of 6-11-12, Â§ 1; Res. of 6-12-23(1), Â§ 1.B))
               </p></div>