Chapter 7.06 DEFINITIONS

CHAPTER 7.06
DEFINITIONS

Section

7.06.010 DEFINITIONS.

For the purpose of Title 7, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL CONTROL OFFICER. Any person authorized by the City Manager, by designation, delegation or contract, to administer or enforce the provisions of Title 7 and applicable State laws and regulations pertaining to animal control or rabies control.

AT LARGE. An animal free from restraint or confinement off the premises of its owner.

CAT. All domestic felines.

DOMESTIC ANIMAL. Dogs, cats, rabbits, birds, guinea pigs, hamsters, mice, turtles and other such species of animal sold or retained for the purpose of being kept as a household pet.

DOG. Includes all canines.

ENCLOSURE. A fence or structure at least six (6) feet in height forming or creating a confined space sufficiently secured to prevent the animal from escaping and to preclude the entry of young children that humanely confines the animal with adequate exercise area.

FOWL. Chickens, turkeys, ducks and geese.

HEARING OFFICER. The City Manager or his or her designee authorized to conduct hearings for violations of Title 7. The Hearing Officer shall not be a presently employed Animal Control Officer.

HUMANE SOCIETY. The Mendocino Coast Humane Society.

IMPOUND. The taking of an animal into custody by an Animal Control Officer

KENNEL. An animal facility maintained for the purpose of boarding, breeding, raising, keeping, or training five (5) or more dogs or five (5) or more cats or any combination of dogs and cats in excess of five (5) animals over the age of six (6) months, whether the animals are kept for a fee, for sale, or for personal use.

KITTEN. A cat less than six (6) months of age.

LIVESTOCK. Any cattle, sheep, swine or goat, or any horse, mule or other equine, or any llama or other camelidae, or domestic fowl.

OWNER. Any person, firm, or corporation having an interest in or having control, custody or possession of an animal; provided, however, that any occupant of a premises upon which an animal is found shall be deemed prima facie evidence that he or she is the owner of such animal for the purposes of this chapter unless such occupant either presents the animal to the Animal Control Officer for inspection, or permits the Animal Control Officer to take custody of the animal. This definition does not apply to animals in the possession of a veterinarian while being treated or cared for or animals being boarded by a commercial kennel.

PARCEL OF PROPERTY. A lot within the City limits or a parcel of property designated as an assessor’s parcel as shown by the assessment rolls of the county.

PET SHOP. Any premises devoted or partly devoted to the commercial trade or selling of live animals for use as pets.

POTENTIALLY DANGEROUS DOG. A dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

A. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;

B. An attack, without provocation, on a domestic animal or livestock, which occurs off the property of the owner of the attacking dog;

C. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;

D. An attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully.

E. A POTENTIALLY DANGEROUS DOG does not mean any dog in a situation in which it is shown that the person, domestic animal, or livestock suffering the injury or damage had, at the time of the injury or damage:

1. Provoked, tormented, teased, abused or assaulted the dog into the behavior alleged;

2. Committed a willful trespass or other tort upon the private property of the owner of the dog;

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 dog.

PUPPY. A dog less than six (6) months of age.

SEVERE INJURY. Any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery or causes severe bruising.

VICIOUS DOG. Any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:

A. A single attack, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;

B. A single attack, without provocation, on a domestic animal or livestock which occurs off the property of the owner of the attacking dog and that results in the death of the other animal or livestock;

C. A second attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;

D. A second attack, without provocation, on a domestic animal or livestock, which occurs off the property of the owner of the attacking dog;

E. A second display of behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;

F. A second attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully;

G. A combination of behaviors or attacks described in the definition for POTENTIALLY DANGEROUS DOG that occur without provocation on two separate occasions.

H. A VICIOUS DOG does not mean any dog in a situation in which it is shown that the person, domestic animal, or livestock suffering the injury or damage had, at the time of the injury or damage: