§ 8-4-1. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them herein, except when the context requires otherwise:

Animal means a species of life different from man or plants and possessing secondary capabilities.

Animal control officer means any person assisting the animal shelter manager authorized to impound animals and issue ordinance summons pursuant to T.C.A. § 7-63-201.

Animal shelter administrator means a person in charge of the city animal shelter, as designated by the director of public service, and hereafter referred to as "administrator."

Cage trap means a container equipped with a trap door which, when tripped, locks an animal or fowl within the structure unharmed.

Citation means a written order issued by a law enforcement officer or other person authorized to issue such citations in accordance with T.C.A. § 7-63-101.

City court clerk means the person elected to head the city court clerk's office, a division of the city court system designated to file and process animal ordinance violation citations and summonses.

Dangerous animal means any dog, or animal of the canine family, that according to records of the appropriate authority has:

1.

Aggressively bitten, attacked, or has otherwise inflicted injury on a human being on public or private property;

2.

Severely injured or killed a human being;

3.

Been used primarily, or in part, for the purpose of dog fighting or any other aggressive activity;

4.

Aggressively and unprovoked, while off of its owner's property, attacked another domestic animal causing serious injury or death.

Division director means the person appointed by the mayor as division director over the animal shelter bureau.

Employee means any person employed by the city under the management of the city animal shelter.

Fertile/unaltered animal means an animal which is capable of producing offspring.

Fowl means any domesticated or undomesticated chicks, ducks, geese, turkeys, or other such birds as may be so designated by the administrator of the city animal shelter.

Health officer means a person employed by the city and county health department who, among other duties, shall have the authority to issue permits.

Livestock means animals kept or raised for use, pleasure or profits, such as cattle, cows, swine, sheep, horses, mules, goats or any animal designated as such by the administrator of the Memphis Animal Shelter.

Ordinance summons means a written order issued by an animal control officer pursuant to T.C.A. § 7-63-201.

Owner means any person, partnership or corporation owning an animal; or any person who feeds, shelters or harbors an animal or permits it to remain on the person's property.

Provocation, in regard to a vicious dog means and includes trespass on property, teasing and release of the dog from its restraint, an attempt to injure the dog or the dog's owner or the individual in possession thereof or other such actions. Entry on property by persons with actual or implied permission of the owner or occupant, including a postal service employee or other authorized government or service employee, shall not in and of itself be characterized as provocation. The burden of proof as to provocation shall be with the owner of the dog.

Public service director means the person appointed by the mayor of the city to be the director of public service.

Steel leg-trap means a contraption which, when engaged, locks an animal or fowl in place by applying pressure against any part of its body.

Sterile/altered animal means an animal which has been surgically rendered incapable of producing offspring.

Summons means an order issued by a court of law.

Trap means a device designed to capture animals, livestock or fowl as herein defined.

Vicious animal means any dog which, without provocation, has attacked and bitten any person(s) or which has been trained for or participated in dog fights, pursuant to T.C.A. § 39-3-105. Any dog which attacks and bites a person while the dog is running at large or which has scars associated with dog fights, pursuant to T.C.A. § 39-3-105, shall be presumed to be a vicious dog.

(Code 1967, § 7-1; Code 1985, § 5-1; Ord. No. 3189, § 1, 3-9-1982; Ord. No. 3528, § 1(1), 3-25-1986; Ord. No. 3973, § 1(1), 6-26-1990; Ord. No. 4506, § 1, 9-16-1997; Ord. No. 5214, §§ 1—3, 9-7-2007; Ord. No. 5390, § 1, 1-4-2011)