Definitions

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  • The following terms, wherever used or referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears from the context:
    • (1) “Commissioner” means the Commissioner of Agriculture for the Virgin Islands or any of his duly authorized representatives.

    • (2) “Owner” includes any person owning, keeping or harboring any domestic animal, or leasing any domestic animal from another, or any person who allows a domestic animal habitually to remain about the premises inhabited by such person.

    • (3) “Kennel” means the commercial business of breeding, buying, selling or boarding dogs, on premises used for such business.

    • (4) “Animal shelter” means any premises designated by the Commissioner of Agriculture or his designated agent for the purpose of impounding and caring for animals.

    • (5) “Animal warden” refers to any person designated by the Commissioner of Agriculture as an enforcement officer under this chapter.

    • (6) “Humane society” means a nonprofit corporation organized under the laws of the Virgin Islands as a humane society or a society for the prevention of cruelty to animals.

    • (7) “Baiting” means to attack with violence, to provoke or harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fight with or among other animals.

    • (8) “Potentially dangerous dog” means any dog that without provocation:

      • (a) inflicts bites on a human or domestic animal on public or private property; or

      • (b) chases or approaches a person upon public property in an attitude of attack, or has a known propensity or tendency to attack, or otherwise to threaten the safety of humans or domestic animals.

    • (9) “Dangerous dog” means any dog that according to the records of the animal shelter:

      • (a) has inflicted severe injury without provocation on a human being;

      • (b) has killed, without provocation, a domestic animal in an area other than the owner's property;

      • (c) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again bites, attacks, or endangers the safety of humans or domestic animals; or

      • (d) is owned, harbored, or trained, primarily or in part, for the purpose of dog fighting.

    • (10) “Severe injury” means any physical injury that results in broken bones and/or disfiguring lacerations which require multiple sutures or cosmetic surgery.

    • (11) “Proper enclosure” means while on the owner's property, a dangerous dog shall be securely confined indoors, or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such a pen shall have secure sides and a secure top and shall also provide protection from the elements for the dog. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet per dog. If no bottom is secured to the sides, the sides must be imbedded into the ground not less than two (2) feet.

    • (12) “Owner” means any person, firm, corporation, or organization who possesses, harbors, keeps, or has an interest in, or who has control or custody of an animal. If the owner or keeper of a dangerous dog is a minor, the parents or guardians of that minor shall be responsible for compliance with the specifications of this chapter, for the care and housing of the animal and shall also be liable for all injuries and property damage sustained by any person or domestic animal as a result of an attack by the dangerous dog.

    • (13) “Without provocation” or “unprovoked” means that the person bitten or attacked:

      • (a) did not mischievously or carelessly provoke or aggravate the dog;

      • (b) was not committing a willful trespass or other tort upon the premises occupied by the owner of the dog;

      • (c) was not tormenting, abusing, or assaulting the dog;

      • (d) has not in the past been observed or reported to have tormented or abused or assaulted the dog; or

      • (e) was not committing or attempting to commit a crime.

    • (14) “Equipment used for training or handling a fighting dog” means other animals intended to be used as bait, harnesses, treadmills, cages, decoys, pens, houses, feeding apparatuses, training pens, trailers used to transport such dogs and other related devices and equipment.

    • (15) “Equipment used to promote or advertise a dogfight” means any printing presses or similar equipment, any paper, and related items and equipment intended to be used to transport such equipment.

    • (16) “Equipment used to stage a dogfight” means dogfighting arenas, bleachers, spectator stands or other seating, tents, canopies, buildings, fences, cages, speakers, public address systems, portable toilet facilities and any other related equipment.

    • (17) “Fighting dog” means any dog trained, being trained, intended to be used for training, or intended to be used to attack, bite, wound or bait another dog.

    • (18) “Department” means the Department of Agriculture.


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