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As used in this chapter the following terms shall have the following meanings:

ABANDONMENT:

A. To fail to provide any necessary care for any pet animal, whether on public or private property, for any period of twenty four (24) hours or longer; or

B. To deposit, leave, drop off, or otherwise dispose of any pet animal on public or private property without providing necessary care.

For the purposes of this chapter, any pet animal is presumed to be abandoned if, after the posting or personal service of written notice describing deficiencies, the deficiencies are not corrected within twenty four (24) hours of service of such notice.

ANIMAL: Any living dumb creature.

ANIMAL SHELTER: Any and all facilities and premises operated by Summit County, Colorado, government that provide care for animals impounded pursuant to this chapter.

ATTACK: Aggressive behavior by an animal resulting in bodily injury, serious bodily injury, or death to another animal or a person.

BITE: The piercing, laceration, or breaking of the skin by the teeth or jaws of any animal.

BODILY INJURY: Any physical injury that results in severe bruising, a muscle tear, a skin laceration, or physical pain requiring professional medical treatment.

CAT: Any animal of the species Felis catus or any hybrid thereof.

COMMUNITY SERVICE OFFICER: Has the meaning and powers described in section 2-1-6 of this code.

CONTROL: Supervision of, or influence over, any animal sufficient to prevent such animal from being in violation of any of the provisions of this chapter.

CONVICTION: A finding of guilt by the municipal court or an acknowledgment of guilt by payment of fine pursuant to a penalty assessment procedure. For the purposes of this definition, any disposition of a charge involving a deferred judgment and sentence shall be considered to be a conviction, regardless of whether the deferred judgment and sentence is successfully completed.

DANGEROUS ANIMAL: Any animal that has inflicted bodily injury or serious bodily injury upon or has caused the death of a person or animal.

DOG: Any animal of the family Canidae, regardless of sex, including, without limitation, those related to the wolf, fox, coyote, or any other domestic canid hybrid thereof.

ENFORCEMENT OFFICER: A community service officer, police officer, or other peace officer authorized to enforce this chapter.

HABITUAL OFFENDER: An animal owner who has been convicted of violating any provision of this chapter three (3) times within any twenty four (24) month period.

HARBOR: The act of providing premises on which an animal is kept or to which an animal customarily returns daily for food and care.

LEASH: A substantial chain, rope, cord, or similar device not more than six feet (6') in length that is sufficient to hold an animal in restraint.

LIVESTOCK: Includes horses, mules, donkeys, burros, cattle, sheep, llamas, and goats.

MISTREATMENT: Every act or omission that causes or permits the continuation of unnecessary or unjustifiable pain or suffering to an animal.

NECESSARY CARE: Includes, without limitation, providing food, water, protection from the weather, socialization, and removal of waste from the animal's enclosure.

NEGLECT: Failure to provide necessary care for an animal.

OWNER: A "person" as defined in section 1-3-2 of this code who owns, possesses, keeps, has a financial or property interest in, or who otherwise has control or custody of any animal. The term "owner" includes, but without limitation, the parent, guardian, or legal custodian of any unemancipated minor child under eighteen (18) years of age who owns, possesses, or keeps any animal.

PERMITTED AREA OF A SPECIAL EVENT: The geographic area within which the town has authorized a special event to be conducted on a specified date and time as described in a special event permit issued pursuant to title 4, chapter 13 of this code. The term "permitted area of a special event" applies only to those date(s) and time(s) specified in the special event permit issued by the town.

PET ANIMAL: Dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except livestock.

PHYSICAL CONTROL: Control of an animal:

A. By means of a tether or a leash that is attached to the animal and held by a responsible person; or

B. Confinement within a locked vehicle or locked enclosure sufficient to prevent the animal from escaping or making contact with other persons or animals.

POLICE CHIEF: The police chief of the Town of Breckenridge, or his or her designee.

POLICE DEPARTMENT: The police department of the Town of Breckenridge, Colorado, or any employee thereof.

POLICE OFFICER (OR PEACE OFFICER): Has the meaning provided in section 6-3-5 of this title.

POTENTIALLY DANGEROUS ANIMAL: Any pet animal or working dog that when unprovoked:

A. Inflicts any laceration or bruising upon a human or another animal;

B. Chases or approaches a person on any property other than the owner's in a menacing fashion or apparent attitude of attack;

C. Is a poisonous animal; or

D. Is an animal possessing physical characteristics or demonstrated tendencies that would cause a reasonable person to conclude that the animal is likely to inflict injury or cause the death of any person or another animal.

PREMISES: Real property owned, leased, or otherwise used by an owner. "Premises" includes any confined area or locality such as a residence, business, room, shop, building, and a motor vehicle, including the open bed of a truck, when the animal's presence is authorized by the owner of such confined area or locality.

PROTECTIVE CUSTODY: The taking of an animal into custody by an enforcement officer to prevent the mistreatment, neglect, or abandonment of the animal; or, the lawful impoundment of an animal because of the owner's inability to care for the animal for any reason.

PROVOCATION: Harassment, teasing, threatening, tormenting, abusing, striking at, attacking, or inflicting injury upon an animal, or its owner in the animal's presence, by either a person or another animal.

PUBLIC NUISANCE:

A. An animal infected with rabies;

B. A stray pet animal;

C. Any dead animal left by the owner or keeper on a public or private property that is not removed within a twenty four (24) hour period; or

D. The unlawful accumulation of animal feces as described in section 6-2-9 of this chapter.

QUARANTINE: The confinement of an animal for observation to detect symptoms of disease.

RESPONSIBLE PERSON: A person eighteen (18) years of age or older who has the ability to do or perform the action required of a responsible person under this chapter.

SECURE ANIMAL ENCLOSURE: A structure that:

A. Is suitable to prevent the escape of the animal and to prevent the entry of persons, including children, and other animals;

B. Has a top, bottom, all sides; and

C. Is locked.

A secure animal enclosure for a dangerous animal(s) shall be posted with signs on all sides that are visible and legible to passersby, warning of the presence of a dangerous animal.

SERIOUS BODILY INJURY: Has the meaning provided in section 6-3-5 of this title.

SOCIALIZATION: Activities that enable a pet animal to develop or improve its ability to get along well with other pet animals, the owner, or other people.

SPECIAL EVENT: An event or occurrence for which a special event permit has been issued by the town pursuant to title 4, chapter 13 of this code.

TETHER:

A. To tie, chain, or leash any animal upon an owner's property; or

B. To tie, chain, or leash any animal to any inanimate object when the animal is not located upon the owner's own property.

TRESPASS: The entry of an animal upon any private property other than that of the animal's owner, or upon public property that is posted as not permitting animals, or any specific kind of animal.

VEHICLE: Has the meaning provided in section 6-3-5 of this title.

WILD BIRD: Includes all undomesticated birds native to North America and includes, without limitation, any domestic duck or goose released by any private person or recreational authority upon any recreational area within the town.

WILDLIFE: All wild vertebrates, including, any part, product, egg, or offspring thereof, that exist as a species in a natural wild state in their place of origin, presently or historically. The term "wildlife" does not include:

A. Any domesticated animal which may lawfully be kept in the town pursuant to this code;

B. Any fish;

C. Any common rodent, including, without limitation, mice, rats and squirrels; or

D. Any crow or other bird which is commonly considered to be a pest or a nuisance.

WORKING DOG: A dog that is either:

A. Assisting a law enforcement officer;

B. Assisting in rescue efforts;

C. Is a recognized service dog; or

D. Is in the process of being trained for these purposes. (Ord. 28, Series 2014)