As used in this Title, the following terms shall be defined as follows:
A. "A" Definitions.
"Adequate Care” or "Care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, grooming, the provision of veterinary care when needed to prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal.
"Adequate Exercise" or "Exercise" means the opportunity for the animal to sufficiently move to maintain normal muscle tone and mass for the age, species, size and condition of the animal.
"Adequate Feed" means access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
"Adequate Shelter" or "Shelter" means provision of, and access to, shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, hail, direct sunlight, standing water, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this Title, commercial kennels whose wire grid or slat floors do not protect the animal's feet or toes from injury are not adequate shelter.
"Adequate Space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the actions in (i) and (ii) and is appropriate to the age and size of the animal according to professionally accepted standards for the species; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least eight (8) feet in length, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
"Adequate Water" means provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
"Animal" means any vertebrate creature, domestic or wild, and includes these categories: birds, fish, mammals, amphibians and reptiles.
"Animal Control Officer" or "Humane Officer" means any person designated by the City as a law enforcement officer who is qualified to perform such duties under the laws of the State of California, or a Code Enforcement Officer, Peace Officer or any other person designated by the City Manager with whom the City has contracted to oversee field animal control operations, kennel and office operations.
"Animal Menagerie" means any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire.
"Animal Shelter" means any facility operated by a humane society or municipal agency or its authorized agents, excluding the San Bernardino County Sheriff’s Department, for the purpose of impounding animals under the authority of this Chapter or State law for care, confinement, return to owner, adoption or euthanasia.
"Assistance Dog" means a specially trained and licensed canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet- assisted therapy dogs.
"At Large" means any animal, other than a domestic cat or wild animal in its established habitat, which is off the owner's premises and which is not physically and continuously restrained by a person physically and mentally capable of controlling the animal at all time by means of a leash, chain, or other physical apparatus of sufficient strength and length to prevent the animal from making unsolicited contact with any person or any other animal, except dogs used for law enforcement purposes or for herding and control of livestock when under immediate command control. Any animal on the premises of the owner not completely confined by a building, wall or fence of sufficient height, strength, and construction to restrain the animal and prevent the animal from escaping, or secured to the premises by a chain or leash of sufficient strength to prevent the animal from escaping, and so arranged that the animal will remain upon the premises when the leash or chain is stretched to its full length shall be deemed "at large." The use of an electric or invisible fence, or other similar device, is not sufficient restraint.
"Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter. This definition does not apply to individual sales of animals by private owners.
B. "B" Definitions.
"Birds" shall refer to those birds typically sold in local pet stores and kept as household pets, such as canaries, parrots and other birds of similar size and character.
"Breeder" means any person, business or organization that is recognized as a "breeder" under the laws of the State of California.
"Breeding" means the production of offspring, whether such offspring result from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.
C. "C" Definitions.
"Canine Hybrid" means (1) any canine which has or had a pure wolf or pure coyote as a parent or grandparent; or (2) an animal represented by its owner to an Animal Control officer, law enforcement officer, or to a veterinarian to be the offspring, cross, mix or hybrid of a wolf or coyote within the preceding two generations; or (3) any animal which, because of its pure wolf or pure coyote ancestry, cannot be vaccinated against rabies.
"Cattery" means any building, structure, enclosure or premises, not including a commercial cattery and which are otherwise in accordance with all applicable zoning regulations, whereupon, or within which, five (5) or more cats, four (4) months of age or older, are kept or maintained.
"Circus" means a commercial variety show featuring animal acts for public entertainment.
"Commercial Animal Establishment" or “Commercial Kennel" or "Commercial Cattery" means any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition or boarding or breeding kennel or cattery open to the general public. This definition does not apply to privately owned, not-for-hire ranches.
"Commercial Fertilizer Operation (CFO)" means the storage, stockpiling, drying, mechanical processing, packing or stacking of manure in substantial quantities.
"Commercial Horticulture" means the growing of fruits, vegetables, flowers and ornamental plants for sale.
"Commercial Ranch" means a property used for the commercial breeding, grazing, raising and/or training of animals.
"Coop" means and includes any pen, coop or enclosure wherein live fowl are kept and maintained.
"Crowing Fowl" means and includes any male fowl capable of making a sound peculiar to its species or type.
D. "D" Definitions.
"Dangerous Animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:
1. An unprovoked attack that results in serious injury to, or the death of, any person when such person is acting lawfully;
2. An unprovoked attack that results in the death of another animal or livestock when the animal or livestock is off the property of the owner of the attacking animal;
3. A second unprovoked attack within a thirty-six (36) month period on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;
4. A second unprovoked attack within a thirty-six (36) month period on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;
5. A second unprovoked attack within a thirty-six (36) month period on any person that results in less than a serious injury when the person is acting lawfully.
"Domestic Animal" means any animal customarily kept by humans for companionship and considered "pets," including, but not limited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas and the like; and animals which have historically and commonly been tamed for the use of man (e.g., horses, cows, dogs, and sheep). Feral cats are not domestic animals.
E. "E" Definitions.
"Emergency Veterinary Treatment" means veterinary treatment to prevent or alleviate suffering, stabilize a life-threatening condition, or to prevent further transmission or progression of disease.
"Enclosure" means structure used to house or restrict animals from running at large or harming themselves and should be of appropriate size for the age, species and condition of the animal consistent with generally accepted husbandry standards for the species.
"Exotic Animal" means any species of animal not normally considered domestic or livestock. For purposes of this definition, "exotic animal" shall be defined and include those animals defined in Fish & Game Code Section 2116 as "wild animals." This includes, but is not limited to, the species listed in Fish & Game Code Section 2118.
F. "F" Definitions.
"Fish" shall refer to those types of fish typically sold in local pet stores and kept as household pets.
"Fowl" means and includes male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.
G. "G" Definitions.
"Guard Dog" or "Security Dog" means any dog used for the purpose of guard or security duty.
H. "H" Definitions.
"Household Pet" means a small, tamed, domestic animal housed and maintained inside a residence, including, but not limited to, birds, fish, reptiles and rodents.
"Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.
"Humane" means any action taken in consideration of, and with the intent to provide for, the animal's behavioral and physical health and well being.
I. "I" Definitions.
"Impoundment" means the picking up of an animal by a duly authorized person and bringing same into an animal shelter for confinement, custody and disposition.
J. "J" Definitions.
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K. "K" Definitions.
"Kennel" means any building, structure, enclosure or premises, not including a commercial kennel and which are otherwise in accordance with all applicable zoning regulations, whereupon, or within which, five (5) or more dogs, four (4) months of age or older, are kept or maintained.
L. "L" Definitions.
"Livestock" means animals kept by humans that do not customarily inhabit their owners' dwellings, including all domestic or domesticated bovine animals (cattle type); equine animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine animals (deer like); caprine animals (goat type); ratite animals (ostrich type); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, and any species of chickens, ducks, pigeons, geese, turkeys or other domesticated fowl, but excludes companion animals.
M. "M" Definitions.
"Manure" means animal excrement or livestock excreta. Manure does not include waste ("paunch") from the alimentary canal of cows, horses, sheep, goats, pigs or other animals.
"Minor" means a person who is not of legal age, or under eighteen (18) years old.
N. "N" Definitions.
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O. "O" Definitions.
"Owner" means any person who is the legal owner, keeper, harborer, guardian, possessor, custodian, or has a propriety interest in harboring or having care, charge, control, custody or possession of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person claiming ownership and taking possession of an animal. An animal is deemed to be harbored if it is fed or sheltered for five (5) or more consecutive days. “Person” includes any individual, firm, partnership, corporation, trust and any association of persons.
P. "P" Definitions.
"Pit Bull" means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any mixed breed of dog which contains, as an element of its breeding, one of these aforementioned breeds and exhibits the majority of physical traits of any such breeds.
"Pot-Bellied Pig" means a domesticated miniature Vietnamese, Chinese or Asian pot-bellied pig not exceeding ninety (90) pounds in weight and eighteen (18) inches in height (measured at the shoulder), and characterized by a swayed back and straight tail.
"Potentially Dangerous Animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates for the first time any or all of the following behavior:
1. An unprovoked attack on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;
2. An unprovoked attack on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;
3. An unprovoked attack on any person that results in less than a serious injury when the person is acting lawfully;
4. Any unprovoked behavior that constitutes a physical threat of bodily harm to any person when the person is off the property of the owner of the animal.
"Properly Cleaned" means that carcasses, debris, food, waste, and excrement are removed from the yard, property, house and primary enclosure with sufficient frequency to minimize the animal's contact with the above-mentioned contaminants; that the primary enclosure is sanitized with sufficient frequency to minimize odors, insects, and the hazards of disease preventing the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
"Public Nuisance" - Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
1. Is repeatedly found at large;
2. Damages the property of anyone other than its owner;
3. Molests or intimidates pedestrians or passers by;
4. Chases vehicles;
5. Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
6. Causes fouling of the air by odor, by unclean or unmaintained enclosures and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained or attacks other domestic animals; or
9. Is an unspayed female in estrus left unattended so as to attract stray males.
Q. "Q" Definitions.
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R. "R" Definitions.
"Reptiles" shall refer to small, non-venomous reptiles which are thirty-six inches or less in length (measured from head to the tip of the tail), and are typically sold in local pet stores and kept as household pets.
"Responsible Person" means owner, person or individual, over eighteen (18) years of age, having control, custody, care, charge of or living at dog or animal's residence.
"Rodents" shall refer to those which are typically sold in local pet stores and kept as household pets, such as guinea pigs, hamsters, rats, mice and other rodents of similar size and character.
S. "S" Definitions.
"Service Dog" - Any dog under the control of a public safety officer in the performance of, or training for, public service.
"Small Domestic Animal" means mice, rats, hamsters, guinea pigs, snakes, tropical fish, canaries, parrots, parakeets and other similar animals commonly sold in pet stores and kept as household pets.
“Substantial Injury” means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
T. "T" Definitions.
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U. "U" Definitions.
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V. "V" Definitions.
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W. "W" Definitions.
"Weaned Age" means animals that are accustomed to food other than mothers' milk. Fowl are considered to be weaned at two (2) months of age.
"Wild Animal" means any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Chapter 14 of the California Code of Regulations, Section 671, or its successor regulations. Any wild, exotic, dangerous or venomous animal, including but not limited to, mammals, fowl, fish or reptile, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals and horses, rodents and captive-bred species of common cage birds.
X. "X" Definitions.
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Y. "Y" Definitions.
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Z. "Z" Definitions.
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[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]