§ 6-1.102 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANIMAL. A mammal, avian, reptile, arachnid or fish.

   ANIMAL CONTROL or ANIMAL CONTROL SERVICES. The City's Animal Control Division of the Police Department.

   ANIMAL CONTROL SUPERVISOR. The city's Animal Control Supervisor or his or her designee. (See § 6-1.201.)

   ANIMAL SERVICES. The Antioch Animal Services Center or any other facility designated by action of the Council for the purpose of impounding and caring for animals found in violation of this chapter, or surrendered to the city by their owners.

   AT LARGE. An animal that is: (i) not secured or enclosed on the owner's property; or (ii) not under restraint by a substantial leash no longer than six feet and within the care, custody and physical control of a competent person authorized to be at that location. An at-large animal does not include a cat.

   BARKING DOG. A dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or on private property. An extended period of time consists of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a BARKING DOG if at the time the dog is barking:

      (1)   A person is trespassing or threatening to trespass on private property where the dog is situated; or

      (2)   The dog is being teased or provoked.

   CAT. A member of the feline species customarily confined or cultivated as a pet.

   CHIEF OF POLICE or CHIEF. The city's Chief of Police or his or her designee. (See § 6-1.201.)

   DOG. A member of the canine species customarily confined or cultivated as a pet.

   EUTHANASIA. The humane destruction of an animal by a method that involves instantaneous unconsciousness and immediate death, or by a method that involved anesthesia produced by an agent that causes the painless loss of consciousness and death during the loss of consciousness.

   FERAL CAT. A cat that is born in or has reverted to the wild, and is not domesticated or tamed.

   HORSE. An animal of the genus equus, including, but not limited to, horses, mules, donkeys, and burros.

   IMPOUNDED. Taken into the custody of Animal Services. (See Cal. Food and Agric. Code § 31607.)

   KENNEL PERMIT. A discretionary permit issued by the city to permit more than ten dogs in any single dwelling unit or business or to allow dogs to be kept for commercial purposes. See § 6-1.303(A)(2).

   MULTIPLE PET PERMIT. A discretionary permit issued by the city to allow more than three dogs at a single dwelling unit or business unit pursuant to § 6-1.303(A)(1) or more than five cats pursuant to §§ 6-1.601 and 6-1.303(A)(1).

   OWNER. A person owning, keeping, or having custody of one or more animals (not including Animal Control Services).

   PERSON. An individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society, or cooperative.

   PET. An animal kept for pleasure rather than utility.

   PET SHOP. A premises devoted to the commercial trade or selling of animals for use as pets.

   POTENTIALLY DANGEROUS DOG OR ANIMAL. Any of the following, as determined by the city:

      (1)   A dog or other animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by a person or another animal to prevent bodily injury when the person and the dog are: off the property of the dog's owner; or on the property of the dog's owner by invitation or with implied permission. (Cal. Food and Agric. Code § 31602);

      (2)   A dog or animal which, when unprovoked, bites a person causing a less severe injury than as defined here as a SEVERE INJURY (see Cal. Food and Agric. Code §§ 31602, 31064); or

      (3)   A dog or animal which, when unprovoked, has bitten, inflicted injury or otherwise caused injury attacking a domestic animal. (See Cal. Food and Agric. Code § 31602.)

   PREMISES. A property owned, leased, or rented by a person.

   PUBLIC NUISANCE. An animal which engages in behavior specified as defined as a public nuisance under § 6-1.501, this Chapter 1, elsewhere in the Municipal Code, or state law.

   SEVERE INJURY. A physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (See Cal. Food and Agric. Code § 31604.)

   VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries.

   VICIOUS DOG OR ANIMAL. Any of the following, as determined by the city:

      (1)   A dog or animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under Cal. Penal Code § 597.5;

      (2)   A dog or animal which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a person or a domestic animal;

      (3)   A dog or animal previously determined to be and currently listed as a potentially dangerous dog or animal which, after its owner has been notified of this determination: continues the behavior described as a potentially dangerous dog or animal; or is not kept indoors or secured on the owner's property. Here, SECURED means contained within a fence or structure suitable to prevent the entry of young children and to confine a vicious dog or animal, designed to prevent the animal from escaping. (See Cal. Food and Agric. Code §§ 31603, 31641, 31642 or 31643.)

   WILD ANIMAL. An animal that can normally be found in a wild state or is defined as a wild animal under state law. This includes but is not limited to a live raccoon, skunk, fox, opossum, gopher or undomesticated rabbit, rodent or snake.

(Ord. 2083-C-S, passed 4-8-14)