For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE FOOD. The kind, type and quantity of food appropriate and suitable for the age and species to provide a reasonable level of nutrition, and which is provided at regular intervals in a sanitary container, dish or receptacle, but in no event longer than 24-hour intervals.
ADEQUATE WATER. Continuous access to fresh potable water in a clean and sanitary receptacle or container.
AMBIENT TEMPERATURE. Air temperature in the immediate vicinity of the animal.
ANIMAL. Any animal that may be wild or legally kept as a domestic pet including cats, dogs, birds, reptiles, horses, ponies, mules, burros, sheep, goats, swine, bird, fish, poultry, fowl or any domestic bovine animal or any other wild or domestic animal. ANIMAL does not include rodents.
ANIMAL CONTROL OFFICER. Any city police officer or other person appointed or designated an animal control officer by the City Manager, Chief of Police or any officer or employee of another local government agency acting pursuant to a contract or under the authority of the city.
ANIMAL SHELTER. A facility designated by the Police Department for the impoundment of animals and authorized by the City Manager or City Council.
ANIMAL UNDER RESTRAINT. Any animal under the control of its owner or person having charge, care, custody or control, except that a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or confined within the real property limits of the owner either behind a secure fence structure or securely restrained by a leash or lead.
AT LARGE. Any animal that is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash, lead, halter, rope and the like, of a size and material appropriate to the size and temperament of the animal and which is held by a person capable of restraining such animal, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the animal by any person, device or instrumentality.
BITE. An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
CAT. Any member of the feline species (Felis catus) customarily confined by or bred by humans as a pet.
CATTERY. An establishment for boarding, breeding, buying, grooming or selling cats for profit or any building, structure, enclosure or premises whereupon, or within which ten or more cats, four months of age or older, are kept or maintained in a manner consistent with the zoning ordinance.
COOP. A covered enclosure for housing fowl.
DOG. Any member of the canine family (Canis familiaris), and shall also include both male and female gender, whether neutered or spayed.
DOG LICENSE. Any license required by this chapter that is issued every one to three years depending on the rabies vaccinations for each individual dog.
DOMESTIC BIRD. Includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.
DOMESTICATED ANIMAL. Any animal accustomed to living in or about the habitation of humans, including, but not limited to, cats, dogs, birds, fowl, horses, rabbits, swine and goats.
EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, such as lethal injection, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness.
FOWL. Any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.
GROOMING SALON. A licensed commercial establishment or any building, structure, enclosure or premises having three or more dogs or cats for the purpose of bathing, brushing, clipping, manicuring or other related services and where there is no overnight boarding or breeding.
GUIDE DOG. Any dog trained and used for the purpose of guiding a blind person.
HARBOR. Includes any act of sheltering or providing a home for an animal, or two or more acts of feeding an animal.
HOUSEHOLD PETS. Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as dogs, cats, domestic birds, guinea pigs, white rats, rabbits, mice and other similar animals generally considered by the public to be kept as pets, excluding fowl.
IMPOUNDED. Having been received into the custody of any animal control center, animal control officer, animal control vehicle or peace officer duly authorized by the city to receive such animal.
INHUMANE TREATMENT. Physical and/or emotional mistreatment of an animal including, but not limited to:
1. Burdening the animal with heavy chains or leashes, padlocks or weights around any part of the body of the animal;
2. Exposure to extreme temperature (whether in an unattended vehicle or without adequate ventilation); or
3. Inadequate food, water or shelter.
KENNEL. A licensed commercial establishment or any building, structure, enclosure or premises having three or more dogs or cats for the purpose of boarding, breeding, buying, selling, training and letting for hire for a fee.
LEASH. Any chain, rope, leather strap or material not to exceed six feet in length being held in the hand of a person that is capable of controlling and actually controlling the animal to which it is attached.
LIVESTOCK. Animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal.
LOT. A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey filed with the Merced County Recorder.
OWNER. Any person, firm or corporation owning, having an interest in or having ownership, control or custody or possession of any animal. In the case of a minor, the parents or guardians of the minor shall be deemed the OWNER.
OWNERSHIP. Any person keeping, harboring, having custody of, or possessing one or more animals.
PERSON. Any individual, firm, partnership, joint venture, corporation, association, trust, club, fraternal society, cooperative or organization.
PERSON RESPONSIBLE FOR AN ANIMAL. Includes:
1. Any person harboring an animal on a constant or continuous basis for one week or more;
2. Any agent of the owner charged with the care of the animal;
3. Any person residing with the owner and present at a time when the owner is absent and the animal commits a violation of this chapter; and
4. Any person voluntarily acknowledging responsibility for the animal.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds or other pets for sale are kept or displayed.
PHYSICAL CONTROL. Any animal confined by a leash, chain, rope or lead or within the real property limits of its owner.
POTBELLIED PIG. Purebred pigs which are registered through a potbellied pig registry.
POTENTIALLY FIERCE, DANGEROUS OR VICIOUS DOG. Any of the following:
1. Any dog which, when unprovoked, on two separate occasions within the prior 24-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog;
2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in the Cal. Food and Agriculture Code § 31604; or
3. Any dog which, when unprovoked, on two separate occasions within the prior 24-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
PREMISES. Any lot or parcel of land owned, leased or rented by a person.
PUBLIC ENTITY. Any federal, state or public subdivision, municipal corporation or agency thereof.
QUARANTINE. The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
SANITIZE. To make physically clean and remove and destroy agents.
SERVICE DOG. Any dog trained and used for purposes of fulfilling the particular requirements of a physically disabled person including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.
SEVERE INJURY. Any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
SIGNAL DOG. Any dog trained and used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.
STRAY. Any animal not under the control of its owner or the keeper of a “wild animal” species as defined in this section and which is by and large not domesticated, regardless of whether, in a specific case, a particular animal of the species is or is not domesticated. Such animals include, among others:
1. Alligators and crocodiles;
2. Bears (Ursidae);
3. All cats except the commonly accepted domesticated cats, and including cheetah, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats and the like;
4. All dogs except domesticated dogs, including wolf, fox, coyote, dingo and the like;
5. Porcupine (Erethizontidae); and
6. All raccoons including eastern raccoon, desert raccoon, ringtailed cat and the like.
UNALTERED AND UNSPAYED. A condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been spayed or neutered.
UNLICENSED DOG. Any dog for which no valid license is currently in force and to which the dog license tag provided for in this chapter is not properly attached.
VACCINATION. Inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose by the Merced County Health Department and the California Department of Health Services.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.
VICIOUS ANIMAL or DANGEROUS ANIMAL or FIERCE ANIMAL.
1. Any dog seized under the Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under the Cal. Penal Code § 597.5(a);
2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; and
3. Any dog previously determined to be and currently listed as a potentially vicious, dangerous or fierce dog which, after its owner or keeper has been notified of this determination, continues the behavior described in this chapter or is maintained in violation of the Cal. Food and Agriculture Code §§ 31641, 31642 or 31643.
WILD ANIMAL. Any wild, exotic, dangerous or venomous animal, including, but not limited to, mammals, fowl, fish or reptiles. WILD ANIMAL also means any of the following:
1. Any animal described in Cal. Fish and Game Code §§ 2116 and 2118;
2. Any animal described in Cal. Fish and Game Code § 2118 (j) and (k);
3. Members of the class Reptilia order Ophidia including, but not limited to, racers, boas, water snakes and pythons over four feet in length;
4. Members of the class Reptilia order Loricata such as, but not limited to, alligators, caymans and crocodiles over three feet in length;
5. Members of the class Reptilia order Sauria, excepting iguanas over three feet in length;
6. Members of:
(a) The class Aves order Falconiformes including, but not limited to, hawks, eagles and vultures; and
(b) Subdivision Ratitae including, but not limited to, ostriches, rheas, cassowaries and emus.
7. Members of the class Mammalia order Carnivore, expressly excepting the domestic dog (Canis familiaris) and the domestic cat (Felis catus), including, but not limited to, the family Felidae such as ocelots, margays, tigers, jaguars, leopards and cougars;
8. Members of the class Mammalia order Carnivore family Canidae such as wolves, dingoes, coyotes and jackals;
9. Members of the class Mammalia order Marsupialia such as kangaroos and opossums;
10. Members of the class Mammalia order Chiroptera such as bats;
11. Members of the class Mammalia order Edentata such as sloths, anteaters and armadillos;
12. Members of the class Mammalia order Proboscidea including elephants;
13. Members of the class Mammalia order Primata including, but not limited to, monkeys, chimpanzees and gorillas and other ungulate including, but not limited to, antelopes, deer and bison;
14. Any nondomestic species when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to animals themselves or human beings or the property of human beings;
15. Any species of animals which are venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;
16. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state; and
17. A potentially dangerous animal over which the owner has evidenced a failure to maintain control.
(Ord. 540, passed 4-18-2006)