Definitions

For purposes of this Article:

(a)“Animal” means any live non-human vertebrate creature, domestic or wild;

(b)“Animal shelter” means any facility operated by a humane society, the government of Guam or their authorized agents for the purpose of caring for animals held under the authority of this Article;

(c)“Auctions” mean any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Article. This does not apply to individual sales of animals by owners;

(d)“Circus” means a commercial variety show featuring animal acts for public entertainment;

(e)“Commercial animal establishment” means a pet shop, grooming shop, auction, riding school or stable, zoological park, circus performing animal exhibition, animal quarantine facility or kennel;

(f)“Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed;

(g)“Officer” means a member of the Guam Police Department, a Mayor or a person authorized by the Director of Agriculture (the "Director");

(h)“Kennel” means any premises wherein any person engaged in the business of boarding, breeding, buying, letting for hire, training for a fee, selling dogs or cats, or any premises in a non-agricultural zone area upon which five

(5)or more adult dogs or cats are harbored or kept;

(i)“Owner” means any person, partnership or corporation owning, keeping or harboring one

(1)or more animals. An animal shall be deemed to be harbored if it is fed or sheltered three

(3)consecutive days or more; COL6/24/2021 CH. 34 KEEPING ANIMALS

(j)“Performing animal exhibition” means any spectacle, display, act or event other than circuses in which performing animals are used;

(k)“Pet” means any animal kept for pleasure rather than utility;

(l)“Pet shop” means any person, partnership or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel that buys, sells or boards any species of animal;

(m)“Public nuisance” means any animal that:

(1)Molests passersby or passing vehicles;

(2)Attacks other animals;

(3)Trespasses on school grounds;

(4)Is repeatedly at large; or

(5)Damages private or public property;

(n)“Restraint” means any animal secured by a leash or lead or under the control of a responsible person and obedient to that person’s commands or within the real property limits of its owner;

(o)“Riding school or stables” mean any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro;

(p)“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals;

(q)“Vicious animal” means any animal that constitutes a physical threat to human beings or other animals;

(r)“Wild animal” means any animal which is not commonly domesticated, or which is not native to Guam, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal, which because of its size, vicious nature or other characteristics COL6/24/2021 CH. 34 KEEPING ANIMALS would constitute an unreasonable danger to human life or property if not kept, maintained or contained in a safe and secure manner;

(s)“Zoological parks” means any facility, other than a pet shop or kennel, displaying or exhibiting one

(1)or more species of non-domesticated animals operated by a person, partnership, corporation or government agency;

(t)“Permitting authority” means the Department of Agriculture (the Department) which shall be the permitting authority for purposes of this Article.