For the purpose of this article the following words and phrases shall have the meanings respectively ascribed to therein by this section:
(a) Animal: Specifically includes, but is not limited to, domestic dogs, domestic cats, animals used for agricultural purposes and animals used for public exhibitions.
(b) At large: An animal shall be deemed to be at large whenever it is not on the owner’s property or under the immediate physical control of a responsible person capable of physically restraining the animal.
(c) Commercial operation: An establishment operating as a business within the county to include, but not be limited to, pet shops, boarding stables, boarding kennels and sales barns.
(d) Dangerous dog: A dog that:
(1) Without provocation causes death or a serious injury to a person; or
(2) After having been designated potentially dangerous dog by the director of animal control engages in any behavior which results in death or serious injury to a person or death or serious injury to an animal.
(e) Director of the animal control division: The individual appointed by the Frederick County commissioners as the director of their animal control division. Referred to in this article as “director.”
(f) Impound: The taking into physical custody of any animal by the division of animal control.
(g) Keeping or harboring: The act or sufferance either of feeding or sheltering an animal on the premises of the occupant or owner thereof.
(h) Owner:
(1) Any person having a right of property in an animal or any person who keeps or harbors an animal or has it in his/her care or acts as custodian or permits it to remain on or about any premises occupied or controlled by him; or
(2) Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
(i) Potentially dangerous dog: A dog that poses a threat to public safety, demonstrated by any of the following behaviors:
(1) Causes injury to a person without provocation which is less severe than a serious injury, or causes severe injury to or kills a domestic animal; or
(2) Running at large, meaning whenever the animal, three (3) or more times within any consecutive six (6) month period is not on the owner’s real property or under the immediate physical control of a responsible person capable of physically restraining the dog, or impounded by the division of animal control three (3) or more times within any consecutive six (6) month period.
(j) Proper enclosure:
(1) Secure confinement indoors; or
(2) Secure confinement outdoors in a locked pen or structure measuring at least five (5) feet in width, ten (10) feet in length and six (6) feet in height, with secure sides, roof and floor, which provides protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping.
(k) Public nuisance: Any animal found repeatedly running at large, damaging property, molesting passersby, chasing vehicles or acting in any manner which is deemed to be doing damage to property or to the public health and well being, or shall have been determined by the animal control officer, the local health officer or any other authorized representative of the county to be a detriment to public health, welfare and safety shall be deemed to be a public nuisance.
(l) Serious injury: Any physical injury that results in broken bones or lacerations that require two (2) or more sutures, or cosmetic surgery.
(m) Vicious dog:
(1) Any individual dog that without provocation has killed or inflicted severe injury on a person; or
(2) Any individual dog that is determined by the appropriate county authority to be potentially dangerous and, subsequent to this determination and written notice to the owner of the determination and the reasons therefore, the dog engages in one or more of the following behaviors:
(A) The dog has inflicted a bite on a person either on public or private real property,
(B) The dog has killed or inflicted severe injury to a domestic animal when the dog is not on the owner’s real property, or
(C) The dog attacked without provocation;
(3) This term shall not include a dog that attacks or bites or menaces a person or other animal under the following circumstances:
(A) The owner is being attacked by the person or other animal,
(B) The person or other animal is unlawfully trespassing on the property of the owner,
(C) The person or animal has tormented or abused the dog,
(D) The dog is defending its young or other animal, or
(E) The dog belongs to a government agency acting in the official performance of authorized duty. (Ord. No. 77-14, § 1, 11-3-77; Ord. No. G-97-47, § 1, 11-20-97; Ord. No. G-04-34, 12-2-04)

* Editor’s note--Ord. No. G-04-34, enacted Dec. 2, 2004, repealed and reenacted section 3-11, which pertained to definitions and derived from Ord. 77-14, adopted Nov. 3, 1977 and Ord. No. G-97-47, adopted Nov. 20, 1977.