Definitions.
Memphis Code of Ordinances § 8-1-2
in effectSec. 8-1-2. - Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them herein, except when the context requires otherwise:
Abandonment means an animal that has not been provided adequate conditions as defined in this chapter, and whose owner failed to respond within 24 hours to an official notice left by animal services officers at the location where the dog is kept.
Adequate care shall include but not be limited to current vaccinations and/or medical treatment for illness, injury, disease, excessive parasitism, or any malformations; regular grooming to prevent matting which could lead to disease or injury; and nail clipping so no toenail grows long enough to penetrate the paw or affect the normal position of the paw.
Adequate conditions shall include but not be limited to adequate care, food, shelter, general maintenance, and water as defined in this section.
Adequate food means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily dietary requirements for the condition and size of the animal. Adequate food may be impacted by the environment in which the animal is kept and must be taken into account by the owner/custodian. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding is in accordance with accepted agricultural or veterinarian practices. Food stored outside must be kept in sealed containers to prevent vermin from accessing it.
Adequate shelter means a four-sided ventilated structure in good repair with an entrance on one side, a roof, and a solid floor and allows the dog to remain reasonably dry and maintain normal body temperature. The dimensions of the entrance and structure shall allow each dog present to enter, stand, turn around, and lie down in a natural manner, whether in the same structure or by providing multiple structures, and protect the dog from adverse weather and direct sunlight. During cold weather, the structure must contain bedding material that is sufficient to promote the retention of body heat and during summer months a separate natural or artificial shaded area must be available outside the structure and accessible by the dog. "Adequate shelter" does not include the space under buildings, decks, steps, or open crates and carriers designed for temporary housing unless modified to meet the requirements of this section. The shelter shall be cleaned regularly enough so as not to force the animal to stand, sit or lie in bodily waste. The enclosure in which the structure is located must be of a square footage sufficient to allow the dog to defecate at one end and lie at least twice its length away at the other end of the enclosure.
Adequate water means potable water provided continuously and changed out no less than once daily. The animal must have uninhibited access to the water. Adequate water may be impacted by environment in which the animal is kept and must be taken into account by the owner/custodian.
Animal means a domesticated living creature or species of life different from man or plants or a wild creature previously captured and domesticated.
Animal services officer means any person assisting the animal services director authorized to impound animals and issue ordinance summons.
Animal services director means a person in charge of the city's animal services division, as designated by the mayor, and hereafter referred to as "director."
Bite scale means a standardized measurement tool used for determining the severity of a bite inflicted on a human or animal based on the physical damage the bite causes to the victim.
Cat means any animal of the domestic feline family.
Community cat means a cat that lives outdoors, is unowned/semi-owned, and free-roaming typically in a colony. Behavior is not an indicator of community cats as they can be friendly or "feral"(unsocialized). An ear-tip is an indicator that the cat is a community cat and has been sterilized.
Companion animal means domesticated animals kept in or near the household for the primary purpose of companionship for members of the household and/or companionship for other such animals. This includes dogs, cats, rabbits, guinea pigs, hamsters, domesticated rats, domesticated mice, ferrets, birds, reptiles, amphibians, invertebrates, and any other species that a reasonable person would consider to be a pet.
Competent person means any person 18 years old or older, who is able to comprehend and understand the nature of their responsibility, and has sufficient ability, mentally and physically, to handle any particular animal he or she may take charge of or have in their control.
Cruelty shall be defined in accordance with T.C.A. § 39-14-202.
Dangerous dog for the purposes of this chapter means any dog which:
a. attacks and bites a person, animal, or community cat without provocation, causing serious illness, injury or death including but not limited to a major fracture, muscle tears, or lacerations requiring multiple sutures or corrective or cosmetic surgery;
b. any dog previously declared dangerous in a court of law;
c. any dog owned or harbored for the purpose of dog fighting, to include animals bred for this purpose;
d. any dog that has committed a bite that scores at least a level 3 or higher on a nationally recognized bite scale as defined herein and been found at-large twice;
e. any dog that has bitten twice with at least one of the bites scoring a level 3 or higher on a nationally recognized bite scale as defined herein.
Dog means any animal of the canine family.
Ear tip means a procedure to remove the distal one-quarter of a cat's left ear for identification purposes and done under anesthesia during a sterilization surgery.
Employee means any person employed by the city under the management of the city's animal services division.
Fee schedule means fees charged for any services requiring payment at animal services, which shall be approved by the animal services director and authorized by passage of a resolution by the council. A current copy of the fee schedule shall be posted on the city of Memphis' website and in a conspicuous place in the Memphis Animal Services facility.
Fertile/unaltered animal means an animal which can produce offspring.
Fowl means any domesticated or undomesticated chickens, ducks, geese, turkeys, or other such birds as may be so designated by the director of the city's animal services division.
General maintenance means adequate care, conditions, food, shelter, and water as defined by this chapter and encompasses all reasonable measures to promote the health and safety of the animal.
Gross neglect means a conscious and voluntary disregard for adequate conditions as defined herein, which is likely to cause foreseeable grave injury or harm to a companion animal. Gross neglect is conduct that a reasonable person would consider extreme when compared with ordinary neglect or mere failure to provide adequate conditions.
Guard dog means any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog. Subject to the regulations set forth herein, nothing shall prohibit or limit a person's right to possess a dog for protection to their person or property. No person shall use a dog as a weapon or to threaten or harass other persons or animals.
Humane trap means a cage equipped with a trap door which, when tripped, locks an animal or fowl within the structure unharmed.
Inclement weather conditions shall mean rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures, or any environmental condition sufficient to threaten the health and/or safety of a companion animal.
Livestock means animals such as cattle, cows, swine, sheep, horses, mules, goats, or any animal designated as such by the director of the city's animal services division.
Ordinance summons means a written order to appear in court for alleged violations of any part of this chapter, issued by an animal services officer.
Owner means any person, partnership or corporation owning an animal; or any person who feeds, shelters, or harbors an animal or permits it to remain on the person's property. If any dog is found on the premises of any person for a period of ten days or more, it shall be prima facie evidence that such dog belongs to the occupant of such residence. Any person keeping or harboring a dog for ten consecutive days shall, for the purpose of this chapter, be declared to be the owner thereof, and liable for violations of this title. If the animal is owned by a person under the age of 18 that person's parent or guardian shall be liable.
Properly fitted collar or harness means a band of material specifically designed to be placed around the neck of a dog or a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain, or control a dog that is:
a. appropriately sized for the dog based on the dog's measurements and body weight;
b. does not choke the dog or impede the dog's normal breathing or swallowing; and not cause pain or injury to the dog.
Provocation, regarding a dangerous dog means and includes trespassing on property, teasing and release of the dog from its restraint, an attempt to injure the dog or the dog's owner or the individual in possession thereof or other such actions. Entry on property by persons with actual or implied permission of the owner or occupant, including a postal service employee or other authorized government or service employee, shall not in and of itself be characterized as provocation. Provocation can also include actions by another animal which justifiably incited the attack. The burden of proof as to provocation shall be with the owner of the dog.
Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
Severe injury means any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations, requiring sutures or cosmetic surgery.
Shelter-neuter-release (SNR)/Trap-neuter-release (TNR) means stray, owned or unowned, cats who are brought into the custody of the shelter, spayed/neutered, ear-tipped, vaccinated, and returned to location of pick-up.
Steel trap means a contraption which, when engaged, locks an animal or fowl in place by applying pressure against any part of its body.
Sterile/altered animal means an animal which has been surgically rendered incapable of producing offspring.
Unprovoked attack means an attack in which an animal without provocation as defined herein attacks or bites a human being or another animal.
(Ord. No. 5843, § 1, 7-11-2023)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT8AN_CH8-1SCCHDE_S8-1-2DEFetched: 10/28/2026