(A) As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
ANIMAL CONTROL OFFICER. Any person or entity designated under this chapter as the animal control officer for the county, including, but not limited to, any law enforcement officer or city/county employee designated to enforce the animal control regulations of this chapter.
DANGEROUS ANIMAL. Any of the following:
(a) Any animal which, when unprovoked, inflicts injury on or kills a human being, or domestic animal.
(b) Any animal which, when unprovoked, engages in aggressive conduct requiring defensive action by any person to avoid bodily injury.
(c) Any dog which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack.
(d) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting.
ENCLOSURE. A fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure
shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Cal. Penal Code § 597t.
HEARING OFFICER. The person appointed by the County Administrative Officer or Board of Supervisors to serve as the hearing officer under this chapter.
HEALTH OFFICER or COUNTY HEALTH OFFICER. Refers to the County of San Benito Public Health Officer. HEALTH OFFICER/ COUNTY HEALTH OFFICER shall also include the Officer's deputies.
IMPOUNDED. Taken into the custody of the animal control officer or the animal shelter.
OWNER. The owner, custodian, keeper or person having custody, control or possession of an animal.
PERSON. A natural person or any legal entity, included but not limited to, a corporation, firm, partnership or trust.
POUNDMASTER. Refers to the poundmaster, or any designated deputies.
(B) A DANGEROUS ANIMAL does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:
(1) Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;
(2) Committed a willful trespass or other tort upon the private property of the owner of the animal;
(3) Committed or attempted to commit a crime; or
(4) Threatened or committed an unjustified attack or assault against the owner or person in control of the animal. (HMC § 6.13.020, as modified.)
(Ord. 836, § 1 (part))