As used in this chapter, the following words and phrases have the meanings set forth in this section, unless the context in which any such word or phrase is used clearly requires another meaning:
A. "ANIMAL" means any nonhuman vertebrate species housed, offered for sale or adoption, or both, in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, and also invertebrates housed, sold, or adopted as pets.
B. "ANIMAL RESCUE GROUP" or "HUMANE SOCIETY" mean any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements:
(i) Does not breed animals.
(ii) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
C. "ANIMAL SERVICES" means the City of Chico Animal Services division under the Chico Police Department, which includes Chico Animal Control and the Chico Animal Shelter.
D. "ANIMAL SERVICES MANAGER" or "MANAGER" means the head of Animal Services or his/her authorized designee.
E. "ANIMAL SHELTER" means any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals.
F. "CAT" means a Felis domesticus of either sex, altered or unaltered.
G. "DOG" means a Canis familiaris of either sex, altered or unaltered; or any other member of the Canis genus if owned, kept, or harbored.
H. "EXISTING PET STORE" means any pet store or pet store operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred cats or dogs in the City of Chico on the effective date of this chapter, and complied with all applicable provisions of the Chico Municipal Code
I. "HOBBY KENNEL" means the owning or breeding of up to five (5) dogs, four (4) months of age or older primarily for personal use. Such use may include, but shall not be limited to: household pets; the participation in recognized on formation shows; field and obedience trials; racking; scenting; specialized hunting or working trials, and water trials; service training; for the purposes of improving the physical soundness, temperament, and conformation of a given breed to a standard; or for rescue/foster purposes. Hobby kennels are limited to breeding and selling no more than two litters per 12 month period regardless of the number of dogs and/or cats owned or providing no more than five instances of the performance of services to animal owners within a 12-month period. Dogs used in herding livestock incidental to a permitted agricultural use are excluded.
J. "KENNEL" means any lot or adjacent lot(s), or any building(s), structure(s), enclosure(s) or premises on the same or adjacent lot(s), wherein a total of four (4) or more dogs, four (4) months of age or over, are kept or maintained for any purpose by a person including, but not limited to, any agency organized or operated for the welfare of animals, and where animals are kept to be bred, shown, sold, purchased, boarded, trained, with the exception of pet shop. The term "kennel" shall not include a public animal control agency or shelter operated or established by the city or a veterinary hospital operated by a veterinarian licensed by the State of California or a hobby kennel as defined herein.
K. "KENNEL OPERATOR" means any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control or operation of a kennel.
L. "PERSON" means an individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
M. "PET SHOP" or "PET STORE" means any retail or commercial establishment, facility, store or department of any store, or any place of business open to the public where animals, including but not limited to dogs, cats, rabbits, birds, reptiles, rodents or any other animals are kept and offered for adoption, sale, for hire, or offered for use as pets or animals intended as food for other animals irrespective of the age of the animal; provided that the facility operates pursuant to a pet shop permit issued by Animal Services or any other city department vested with such authority, and is not used for the breeding of dogs, cats or rabbits or the commercial boarding of animals. "Pet shop" or "pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. A person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store pursuant to Health & Safety §§ 122350 et seq.
N. "PET STORE OPERATOR" means a person who owns or operates a pet store, or both.
O. "PRIMARY ENCLOSURES" means an area of confinement such as a cage, run, kennel, stall, or pen, where an animal eats, sleeps, and spends more than four (4) hours per day.
P. "TEMPORARY ENCLOSURES" means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet's waste product, used to house an animal when it is not in its primary enclosure for a period not to exceed four (4) consecutive hours.
(Ord. 2574 §1)