§ 6.13.020. Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

Mitigations. The following circumstances shall be deemed to be "mitigations." Mitigation shall be a factor in consideration of whether an animal is potentially dangerous, dangerous, or vicious and will be weighed with other circumstances in making such determination, including, but not limited to, circumstances such as, the nature of a trespass, the age of a trespasser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner violating any other provision of law.

2.

A person is "peaceably and lawfully upon the private property of an owner or possessor of the animal" when he or she is on such property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

3.

"Proper enclosure of an animal" means that a potentially dangerous or dangerous animal shall be securely and humanely confined on the owner's property in either of the following:

a.

Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous animal in conjunction with other measures which shall be taken by the owner or keeper of the animal, such as keeping the animal held securely in an enclosure. The enclosure shall be designed in order to prevent the animal from escaping; or

b.

In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top over entire structure which protects the animal from the elements. All sides must be embedded into the ground no less than two (2) feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall be not less than five (5) feet by ten (10) feet, and not less than six (6) feet high.

4.

"Severe injury" means any physical injury to a human being or other animal that results in death, a muscle tear, a broken bone or a laceration requiring sutures.

5.

"When unprovoked" means person who has suffered the injury has not caused nor been a party to any act of teasing, tormenting, abusing or assaulting the animal, which act of teasing, tormenting, abusing or assaulting resulted in the animal inflicting injury on that person.

(Ord. No. 484 § 2, 2008)