Unless the provision or context requires otherwise, the definitions contained in this section shall govern the construction of this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
ABANDON. To leave an animal upon any public street or other public place, or upon any private property or premises with no intention of returning to care for that animal.
ADMINISTRATIVE CITATION. A notice provided by the Animal Services Manager or an Animal Services Officer outlining behaviors in violation of this chapter and in accordance with Tulare City Municipal Code Chapter 1.61, titled Administrative Citations.
ADMINISTRATIVE REVIEW OFFICER. The Chief of Police or his or her designee. The Chief of Police may contract with a qualified provider to conduct administrative reviews or process administrative citations.
ADOPTABLE. Pursuant to Cal. Penal Code § 599d(a), animals eight weeks of age or older that, at or subsequent to the time they are impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, congenital or hereditary condition that is anticipated to adversely affect the animal’s health in the future.
ANIMAL. Any mammal, reptile, avian or fish.
ANIMAL SERVICES DIVISION or ANIMAL SERVICES. The Division, and its duly authorized staff, within the Tulare Police Department, which has been established to oversee the city’s Animal Services and licensing functions and the day-to-day operations of the city’s Animal Services Facility.
ANIMAL SERVICES OFFICER. A person duly appointed by the Animal Services Manager or Chief of Police to carry out the activities and programs of Animal Services.
ANIMAL NUISANCE. Such actions or behaviors of an animal which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to, the following:
(1) Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question;
(2) Causing unsanitary conditions in enclosures or surroundings;
(3) Making a chronic, continuous excessively loud or disturbing noise of more than a 15-minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest.
This does not include periodic barking or other utterances of short duration. This list excludes agricultural operations in compliance with zoning ordinances and/or special use permits.
ANIMAL OWNER, OWNER or CUSTODIAN. Any person who owns an animal or who has charge, care, custody or control of, or has a right to control an animal for 14 or more consecutive calendar days, except a veterinarian caring for an animal in the regular practice of veterinary medicine.
ANIMAL RESCUE. Any person or organization, operating as a recognized 501(c)(3) non-profit, that provides housing and care for domestic animals with the purpose of placing those animals with a new and permanent guardian, or providing hospice (end-of-life care) to terminally ill animals, or sanctuary to animals which cannot be adopted out.
ANIMAL SERVICES MANAGER or MANAGER. The person, appointed by the Chief of Police, who is tasked with the management of the Animal Services Division.
ANIMAL SERVICES PERSONNEL. Any person working at the Animal Shelter and tasked with carrying out the activities and programs of Animal Services.
ANIMAL SHELTER. The city-owned shelter, operated for the purposes of impounding, caring for, adopting out, and placing seized, stray, distressed, homeless, abandoned, or unwanted animals.
AT LARGE. An animal off the premises of its owner or custodian and:
(1) If livestock, not properly fenced, or not under the control and in the immediate presence of the owner or custodian; or
(2) If a dog, not under physical restraint.
BITING ANIMAL. Any animal, other than a law enforcement service dog, that bites a person or other animal in the incorporated areas of the City of Tulare; provided however, that the person or animal bitten was not at the time either provoking or teasing the animal without cause. The records of animal bites kept by Animal Services shall be deemed official records and shall establish the number of bites recorded.
BREEDING PERMIT. A permit issued by Animal Services to commercial kennels engaging in the breeding of animals.
CAT. Any domestic cat (Felis catus).
CITY COUNCIL. The City Council of the City of Tulare, California.
CITY MANAGER. The City Manager of the City of Tulare or his or her designee and acting within the scope of the City Manager’s authority.
CITY PROPERTY. Any building, land or water owned, leased, managed, or controlled by the city.
CORRECTIVE ACTION PLAN. A directive from the Animal Services Manager, or similarly situated person, compliance with which will result in return of an animal and/or cessation of any pending matters with Animal Services.
DOG. Any domestic dog (Canis familiaris).
DOG LICENSE. A tag, which will be firmly affixed to the animal’s collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag.
DOMESTIC ANIMAL. Dogs and cats, except as limited in the definition of “feral animal” in this section.
EQUINE. Any horse, pony, mule, or burro.
EXOTIC ANIMAL. Any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.
FERAL ANIMAL. Any domestic animal that is known to live in a wild or semi-wild state without benefit of an owner, or any domestic animal that has escaped for a substantial period of time from the care of its owner or custodian and is existing in a wild state, without benefit of domestication.
FERAL CAT COLONY. A group of two of more feral animals (cats) living in a wild or semi-wild state without benefit of an owner.
GUIDE DOG. Any guide dog or seeing eye dog which has been trained by a person licensed under Chapter 9.5 (commencing with § 7200) of the Cal. Business and Professions Code.
HEALTH OFFICER. The Health Officer of the county or his or her designee.
HEARING. Means the process prescribed in § 6.12.360 for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, potentially dangerous and vicious animals, permits, or such other administrative matters
for which a person is entitled to an impartial third party decision maker.
HEARING OFFICER. The person designated by the Police Chief, or his or her designee, to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the city who is not assigned to Animal Services or otherwise subordinate to the Manager thereof, or a person who is not an employee but is retained to provide such services. Any such Hearing Officer shall be qualified by training or experience or shall be an attorney or an administrative law judge. The person shall be impartial and make a decision based on the evidence presented at the hearing.
HEARING OFFICER, APPEAL. A person designated by the Police Chief, or his or her designee, to preside at any appeal hearing. The appeal hearing does not render judgment as a Hearing Officer but rather confirms or denies the decision made at the hearing. The Animal Services Manager may act as the Appeal Officer.
IMPOUND. The physical restraint and transport of an animal to the Animal Shelter by Animal Services personnel, another agency, or the general public. An animal confined and returned to the owner or custodian, prior to transport to the Animal Shelter, is considered to be impounded.
IMPOUNDMENT. The taking up and confining of an animal, by Animal Services, in accordance with the provisions of this chapter or other applicable law or regulation.
KENNEL—COMMERCIAL or COMMERCIAL KENNEL. Any lot or premises on which five or more dogs over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, or training.
KENNEL—NON-COMMERCIAL or NON-COMMERCIAL KENNEL. Any lot or premises on which five or more dogs over four months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials, competitions, or perpetuating a given breed, or the fostering of dogs on behalf of Animal Services. Breeding, buying and selling of animals by a NON-COMMERCIAL KENNEL is prohibited.
KENNEL—NON-PROFIT or RESCUE KENNEL. Any lot or premises on which five or more dogs are kept by a person or organization operating as a 501(c)(3) that provides housing and care for domestic animals with the purpose of placing those animals with a new and permanent guardian, or providing hospice (end-of-life care) to terminally ill animals, or sanctuary to animals which cannot be adopted out.
LICENSED PREMISES. Any lot or premises on which a commercial kennel or non-commercial kennel is maintained by the person owning or occupying such lot or premises.
LIVESTOCK. Any cattle, sheep, swine or goats, or any llamas or other camelidae, or any domestic fowl or rabbits.
MICROCHIP. An identifying integrated circuit placed under the skin of an animal.
NONLETHAL FORCE. Capture guns, counter-assault agents (pepper spray, citronella based deterrents, etc.), blowguns, carbon dioxide operated rifles and pistols, air guns, and electronic control devices.
PERSON. Any individual, firm, association, organization, partnership, joint venture, business trust, corporation or company.
PETS, PET STORE PETS. Dogs, cats, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal which can be legally sold or retained for the purpose of being kept as a household pet.
POTENTIALLY DANGEROUS ANIMAL. Any of the following:
(A) Any animal which behaves in such a manner that the owner or custodian thereof knows or should know that the animal poses a threat to public safety;
(B) Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this chapter;
(C) Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury;
(D) Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.
PREMISES. Any property owned, leased or rented by any person.
SECURE ENCLOSURE. A fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious animal in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to Cal. Penal Code § 597(t).
SERVICE DOG. Any dog that is individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
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.
SUBSTANTIAL LEASH. Any substantial chain, cord, rope, strap or other restraint which is held or otherwise controlled by a person capable of and actually controlling the animal to which such restraint is attached.
VETERINARIAN. Any person licensed to practice veterinary medicine in California.
VETERINARY FACILITY. A clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on site.
VICIOUS ANIMAL. Any of the following:
(A) Any animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Cal. Penal Code § 597.5;
(B) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or other animal;
(C) Any animal previously determined to be, and currently listed as, a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in the definition of “potentially dangerous animal” set out above, or is maintained in violation of Tulare City ordinances.
WILD ANIMAL. Any animal identified in Cal. Fish and Game Code § 2116.
(Ord. 17-13, passed 12-19-2017)