Chapter 7.04
GENERAL PROVISIONS
Sections:
7.04.040 Title not to regulate the use of land.
7.04.020 Definitions.
For purposes of this title, unless the context clearly indicates otherwise, certain words and phrases shall have the meaning given to them in this section:
“Animal” means any live vertebrate creature, domestic or wild, except fish.
“Animal control officer” means any person assigned by the chief of police to act on behalf of the city in the enforcement of this title, any contract shelter authorized to enforce all of the provisions of this title or state law, relating to the care, control and treatment of animals and any county health officer assigned the duty of the enforcement of rabies control laws.
“Animal shelter” means a facility operated by a public jurisdiction or by an accredited, tax-exempt humane organization for the purpose of impounding, harboring, selling, placing for adoption, or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.
“Assistance dog” means a specifically trained canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet-assisted therapy dogs.
“At large” means an animal that is off the premises of the owner of the animal and which is not under restraint by a leash.
“Breeder” means any person, business or organization that is recognized as a breeder of animals under the laws of the state of California.
“Cat” means a domestic cat (Felis catus).
“Chief of police” means the chief of police of the city of Cotati or his/her designee.
“City” means the city of Cotati, California.
“Commercial kennel” means any person, engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots, or any person, engaged in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the state as part of the practice of veterinary medicine, animal shelters, and private kennels shall not be considered commercial kennels.
“County” means the county of Sonoma, California.
“Dangerous animal” means an animal, except a dog, which demonstrates any or all of the following behavior:
1. An unprovoked attack that results in serious injury to, or the death of, any person when such person is acting lawfully;
2. An unprovoked attack that results in the death of another animal or livestock when the animal or livestock is off the property of the owner of the attacking animal;
3. A second unprovoked attack within a thirty-six month period on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;
4. A second unprovoked attack within a thirty-six month period on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;
5. A second unprovoked attack within a thirty-six month period on any person that results in less than a serious injury when the person is acting lawfully.
“Director” means the chief of police or any person authorized or designated by the director to act on his behalf.
“Dog” means a domestic dog (Canis familiaris).
“Domestic animal” means any animal customarily kept by humans for companionship, including, but not limited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas and the like. Feral cats are not domestic animals.
“Exotic animal” means any species of animal not normally considered domestic or livestock. For purposes of this definition, “exotic animal” shall be defined as those animals defined by California Fish and Game Code Section 2116 as “wild animals.” This includes, but is not limited to, the species listed in California Fish and Game Section 2118.
“Health officer” means any public health officer of Sonoma County or his or her designee.
“Hearing officer” means the chief of police or a police supervisor of the Cotati police department or his or her designee as determined by the chief of police.
“Identified stray animal” means an animal not in the immediate possession or control of a person which can be identified by means of a license, tag, microchip, tattoo or other visible, reliable means of identification and for which the owner can be determined.
“License” means a permit obtained from a governmental or quasi-governmental agency which allows a person, business or organization to do described acts or maintain described premises.
“Livestock” means any animals kept by humans that do not customarily inhabit their owner’s dwelling. This includes, but is not limited to, equine, bovine, ovine, caprine, porcine, and any species of chickens, ducks, pigeons, geese, turkeys or other domesticated fowl, but excludes bees.
“Owner” or “owner/guardian” means any person who keeps, is in charge of, or provides custody or care to an animal for five or more consecutive days. This definition shall exclude veterinarians who are treating or caring for an animal in the regular practice of veterinary medicine as well as the owners or operators of an animal grooming business, kennel or pet shop while engaged in the regular practice of such business. Use of the term “owner/guardian” in place of “owner” shall not imply or bestow any change in legal status or ownership of animals by the use of such term.
“Person” means an individual, establishment, firm, association, organization, partnership, trust, corporation or company.
“Pet grooming facility” means any person engaged in a personal service business, as defined in Title 17 of the municipal code, within which animals are bathed, trimmed, clipped, and/or groomed and which may keep or board individual animals for a period not to exceed twenty-four consecutive hours. Pet grooming facility shall not include a pet shop, commercial kennel, private kennel, or animal shelter.
“Pet shop” means any premises wherein animals are kept for sale, exchange, barter or hire to the general public by either a principal or agent, or on consignment.
“Potentially dangerous dog” means any of the following:
1. Any dog which, when unprovoked on two separate occasions within the prior thirty-six 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 this section;
3. Any dog which, when unprovoked, on two separate occasions, within the prior thirty-six month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or person in possession, custody or control of the dog;
4. Any dog that has been deemed by another governmental jurisdiction as “potentially dangerous,” or similar designation.
“Private kennel” means any place or premises on which three or more dogs over four months of age, or three or more cats, over four months of age, not to exceed ten of either, or thirteen or more birds, rabbits, rodents and reptiles, are owned and kept by the owner or occupant of the property for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions; or enhancing or perpetuating a given breed, other than dogs used in conjunction with an agricultural operation on the lot or premises. No private kennel operator shall sell, display, offer for sale, barter or give away more than two litters of puppies and/or two litters of kittens in any calendar year. The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition or rearing of more than two litters of dogs or cats in any one calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purpose of commercial breeding and the owner and the premises shall be subject to the permit requirements of a commercial kennel.
“Quarantine” means isolation of an animal in a place and manner approved by the health officer.
“Service dog” means any dog under the control of a police officer in the performance of, or training for, public service.
“Severe injury” means any physical injury to a human being that results in muscle tear(s), disfiguring laceration(s), or requires multiple sutures or, corrective or cosmetic surgery.
“Shelter supervisor” means the police chief or his or her designee or any agency under contract to the city which is responsible for the housing and care of animals for the city.
“Unidentified stray animal” means an animal not in the immediate possession or control of a person which cannot be identified by means of a license, tag, microchip, tattoo or other visible, reliable means of identification.
“Vicious dog” means any of the following:
1. Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner/guardian or keeper under subdivision (a) of Section 597.5 of the Penal Code;
2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;
3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner/guardian or keeper has been notified of this determination, continues the behavior described in this section or is maintained in violation of this title;
4. Any dog that has been deemed by another governmental jurisdiction as “vicious,” “dangerous,” or similar designation.
“Welfare organization” means any nonprofit public benefit corporation that is organized for the purpose of improving the lives or welfare of animals. (Ord. 788 § 1(part), 2006).
7.04.040 Title not to regulate the use of land.
This title is not intended to regulate the use of land within the city. The use of land in the city is regulated by Title 17 of the Cotati Municipal Code. Animal keeping, including the number and types of animals which may be maintained in various zoning districts, is regulated by Chapter 17.42, or its successor statute. Nothing in this title is intended to supersede the provisions of Title 17. (Ord. 788 § 1(part), 2006).