10.02.010: DEFINITIONS:
Unless the context in which used requires otherwise, the following words shall have the meanings set forth in this section. Variants of defined terms shall be construed in the same manner set forth herein for the defined terms themselves.
ANIMAL: Every nonhuman species of animal, both domestic and wild.
ANIMAL AT LARGE: Any animal which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by leash of size and material appropriate to the size and temperament of the animal and which is held by a person capable of restraining the animal, or is not otherwise physically restrained by some other device or instrument, the device or instrument shall not include voice control, eye control or signal control of the animal by any person.
ANIMAL SHELTER: Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia.
AUCTION: Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by private owners.
CIRCUS: A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, sentry dog business, or boarding or breeding kennel open to the general public. This definition does not apply to privately owned, not for hire ranches.
DOMESTICATED ANIMAL: An animal which has historically and commonly been tamed for the use of man (e.g., horses, cows, sheep, dogs, pigs, and cats).
ENCLOSURE: Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
EXOTIC ANIMAL: Any animal of the class aves (birds), class mammalia (mammals), class amphibia (frogs, toads, salamanders), class osteichtyes (bony fishes), class monorhina (lampreys), class reptilia (reptiles), class crustacea (crayfish), or class gastropoda (slugs, snails) that are restricted by the state of California.
GROOMING SHOP: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
GUARD OR ATTACK DOG: Any dog trained to guard, protect, patrol or defend any premises, area or yard or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhund or any similar classification.
HUMANE OFFICER OR ANIMAL CONTROL OFFICER: Any person designated by the town of Yucca Valley as a law enforcement officer who is qualified to perform such duties under the laws of the state of California.
KENNEL OR CATTERY: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
OWNER: Any person who is the legal owner, keeper, harborer, possessor or custodian of the animal, or partnership or corporation owning, keeping, or harboring one or more animals. A person registering as the owner on an animal license or other legal document also establishes ownership. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
PERFORMING ANIMAL EXHIBITION: Any spectacle, display, act, or event, including circuses, and petting zoos, in which performing animals are used.
PET OR COMPANION ANIMAL: Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
PET SHOP: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys and/or sells, any species of animal.
POTENTIALLY DANGEROUS DOG: Any dog, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:
   A.   Any dog which, when unprovoked on two (2) separate occasions, engages in any behavior that requires a defensive action by any person, who is in a place where they are conducting themselves peacefully and lawfully, to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
   B.   Any dog which, when unprovoked, bites a person causing a less than substantial physical injury as defined in this chapter.
   C.   Any dog which, when unprovoked, on two (2) separate occasions, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
   D.   Any dog which, when unprovoked has killed another animal off the property of the owner or keeper of the dog.
   E.   A dog that creates a danger or constitutes a menace to the public's health and safety due to its training or the inherent nature of the dog.
PROPERTY OWNER: Any person, corporation, partnership, limited liability company owning any property in the town where any animal is kept, owned or harbored.
PUBLIC NUISANCE ANIMAL: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
   A.   Is repeatedly found at large or owner has received three (3) or more court citations and/or notices of violation, on separate occurrences, for running at large; or
   B.   Is impounded three (3) or more times;
   C.   Damages the property of anyone other than its owner;
   D.   Impedes the safety of pedestrians, passersby, bicyclists or motorists;
   E.   Makes excessive disturbing noise including, but not limited to, continued and repeated howling, barking, whining, and other utterances continued over so long a period of time as to disturb the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. This definition does not apply to properly permitted commercial animal establishments;
   F.   Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or attacks other domestic animals;
   G.   Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored and/or causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.
RESTRAINT: Any animal secured by a substantial leash or lead or other similar device and under the control of a person competent and capable to restrain such animal, or within a vehicle being driven or parked or within a secure enclosure.
RIDING SCHOOL OR STABLE: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals.
SECURE ENCLOSURE: A fence, pen or structure suitable to securely and humanely prevent the animal from escaping and to prevent the entry of young children or any part, limb or appendage of any child, and unauthorized persons. The pen or structure shall have secure sides and top that will protect the animal(s) from the elements. All sides must be embedded at least two feet (2') into the ground unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet by ten feet (5' x 10') and not less than six feet (6') high.
SENTRY DOG: A dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility.
SUBSTANTIAL PHYSICAL INJURY: A substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, disfiguring lacerations, wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery.
VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS DOG: A. Any dog seized under Penal Code section 599(a) where a conviction has been sustained against the owner or keeper of the dog under Penal Code section 597.5(a).
   B.   Any dog which, when unprovoked, in an aggressive manner, inflicts "substantial physical injury", as defined in this chapter, on or kills a human being.
   C.   Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of said determination, continues said behavior or is maintained in violation of this chapter.
ZOO: A zoological park or other collection of exotic animals which are raised, bred, trained and/or maintained for on site display that is open to the general public, education, tours and exhibitions and is accredited by the American Zoo and Aquarium Association (AZA). (Ord. 138, 5-15-2003)