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55 (20-A) (21) (22) (18) Premises: A definite portion of real estate including land with its appurtenances, a building or part of a building. (19) Provocation: A~y action designed to goad, inflame, l~stigate or stimulate an aggressive response on the part of an animal, but provocation shall not include any actions on the part of an individual that pertain to reasonable efforts to self-defense against an u~provoked dangerous animal. (20) Secure DoK Fence: A secure dog fence, in addition to requirements subsequently specified under "Unconfined" requires enclosure on all six sides including the top. The bottom must be concrete unless the sides of the fence are buried one foot deeD in a hard packed soil. Sheriff: The duly elected Sheriff of Caharrus County. Spayed Female: A female dog or cat which has been rendered sterile by a surgical procedure (ovariohysterectomy). Director/Supervisor: Any use of term "Direotor/Supervtsor" shall mean the Director/Supervisor of the Cabarrus County Animal Control Department, as designated by the Sheriff, which person shall have all the powers conferred by state law upon a County Dog Warden or by this Ordinance upon Animal Control Officers. (23) Vaccination: The administration of rabies vaccine as required by Article III of this Ordinance. (24) Unconfined: Unconfined means any dog that is not securely confined indoors or confined in a secure dog fence as defined above upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. Ail such pens or structures must he adequately lighted and kept in a clean and sanitary condition. (25) Vicious Do~: "Vicious dog" means: Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or Any dog which, because of its vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance; or Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. Section 5. Rabies Vaccination Tan It shall be unlawful for the owner of any dogs or cats not to have the dogs wear the rabies vaccination tag issued to them by the veterinarian administering the rabies vaccine. Dogs or cats not wearing such tags and for which the owner cannot promptly display a valid rabies tag shall be impounded and shall he subject to a fifty dollar ($50.00) citation penalty. Section 6. (Reserved) Section 7. Cruelty to animals. It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly boat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health er general welfare any animal, or to cause or procure such action. The words "torture" and "torment" shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; hut such terms shall not be construed to prohibit lawful taking of animals under the Jurisdiction and regulation of the Wildlife Resources Commission; nor to prohibit the Animal Control Department or its agents or veterinarians from destroying dangerous, unwanted, or injured animals in a humane manner; not to prohibit any individual from killing a dangerous animal in imminent defense of person or property; not to prohibit the lawful use of animals in scientific research.