CHAPTER 1
ANIMALS GENERALLY
ARTICLE 5. PENALTIES AND DEFINITIONS
SECTION:
§4150 PENALTIES
A. Infractions: Unless otherwise specifically provided in this Chapter, every violation determined to be an infraction is punishable by:
1. A fine not exceeding fifty dollars ($50.00) for a first violation;
2. A fine not exceeding one hundred dollars ($100.00) for a second violation of this ordinance within one year; and
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this ordinance within one year.
Each separate offense shall constitute a separate infraction. Any person cited for an infraction violation of this ordinance with three (3) prior convictions of the same section of this ordinance within a twelve (12) month period may be charged with a misdemeanor.
B. Misdemeanors: Unless otherwise provided in this Chapter, every offense declared to be a misdemeanor is punishable by imprisonment in the County jail, not exceeding six (6) months, or by fine not exceeding five hundred dollars ($500.00), or by both.
C. Violations: Unless otherwise specifically provided herein any violation of this Chapter shall constitute and is hereby declared a misdemeanor. (Ord. 923, §2, adopted 1991)
§4151 CHARGES AND FEES
Unless superseded by State law or otherwise specifically provided for in this Chapter, all charges, fees, delinquency assessments and license and permit fees relating to animal control and regulation shall be set by resolution of the City Council. (Ord. 923, §2, adopted 1991)
§4152 DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following meanings when those terms are used in this Chapter.
ANIMAL. Any wild or domestic animal, fowl, reptile, fish and non-human animals.
ANIMAL CONTROL, DIVISION OF ANIMAL CONTROL/ANIMAL CONTROL AUTHORITY. That department or division of the City government and/or contracting agency which is specifically charged with the regulation of and enforcement of laws relating to animals within the jurisdiction of the City.
ANIMAL CONTROL OFFICER. Any person duly appointed by the Agricultural Commissioner, the City Council, or a Humane Society pursuant to Civil Code section 607f, if that society has contracted with the City to enforce this Chapter within the City limits.
ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, performing animal exhibition, kennel, animal shelter operated by other than a government agency, or Humane Society for the purposes specified in this ordinance.
ANIMAL SHELTER. Any facility operated by a local governmental agency, contracting agency or Humane Society for the purposes specified in this ordinance.
ANIMAL EXHIBITION. Any display containing one or more live domesticated wild or exotic animals which are exposed to public view for entertainment, instruction or advertisement.
AT LARGE. Any animal, excepting a working animal, shall be deemed to be at large when off the premises of the owner and not under restraint by leash or physical control of its owner.
BOARDING KENNEL. A commercially operated establishment for the care and keeping of dogs and cats, other than those belonging to the operator.
CAT. Any member of the domestic feline species.
CITY. The City of Ukiah and when the context so indicates, City employees or contractors designated to carry out the provisions of this Chapter.
COUNTY. The County of Mendocino.
CONTRACT AGENCY. Any entity, including a Humane Society, which has entered into a contract with the City Council for the regulation and control of animals within the City and the duly designated officers of said contract shall have the authority to enforce the terms of this ordinance, including the authority to issue citations, in all areas covered by said contract.
COUNTY VETERINARIAN. Through a recommendation by the County Health Officer, shall be annually appointed by the County Board of Supervisors. He serves with or without compensation in the furtherance of the program of vaccination of dogs and cats against rabies.
DANGEROUS ANIMALS. Any animal which, because of its disposition or other characteristic would constitute a danger to persons or property, but this definition does not include domestic dogs or cats.
DOG. Any member of the domestic canine species.
DOMESTIC ANIMAL. Any animal, other than wild or exotic animals, customarily confined or cultivated by man for domestic or commercial purposes.
ESTRAY. The act of any animal to wander or roam at large.
EXOTIC ANIMAL. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes.
FERRAL DOG. A dog, escaped from domestication, running free and becoming wild.
GUARD DOG. A dog trained specially for the protection of personal, commercial or private property and registered as a recognized guard dog with the local governing body.
GUIDE DOG. A dog that physically assists a person who has a physical disability.
GROOMING SHOP/PARLOR. A commercial establishment where animals are bathed, clipped, plucked, or otherwise conditioned.
HEALTH DEPARTMENT. The Health Officer or authorized agents of the County Health Officer or City Health Officer.
INFRACTION. Public offense as defined by Penal Code section 16.
IMPOUNDMENT. Any taking custody of, taking up, or confining of any animal(s) by the Animal Control authority.
COMMERCIAL KENNEL. Any place where five (5) or more dogs or cats are kept for commercial purposes, including a commercial kennel, pet grooming shop/parlor, commercial dog breeding business, boarding kennel, commercial or nonprofit dog adoption agency, or pet shop; provided, however, that a commercial kennel shall not include a licensed veterinary hospital or licensed agricultural kennel.
NONCOMMERCIAL RESIDENTIAL KENNEL. A place where five (5) or more dogs are kept, harbored, or confined for other than commercial purposes. Each dog in this type of kennel is subject to the regular dog license fee and is subject to compliance with certain kennel provisions of §4161.
CERTIFIED AGRICULTURAL KENNEL. Any place where five (5) or more dogs used solely for the herding or protection of farm animals or hunting dogs are actually kept, and the applicant signs a statement verifying proof of that status when applying for the certified agricultural license.
KITTEN. Any member of the domestic feline species under four (4) months of age.
LEASH. Any rope, leather strap, chain or other material not exceeding six feet (6’) in length being held in the hand of the person capable of controlling and actually controlling the animal to which it is attached.
LICENSE. Refers to the license issued for the specified licensing period within City with all fees being paid as evidenced by a valid receipt.
LIVESTOCK. Includes all domesticated bovine, equine, caprine, ovine, swine, avian, poultry, and rodent species.
NUISANCE. Without limitation, any animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner’s, or public property; causes a disturbance by excessive barking or other noise making; or molests, attacks, or interferes with persons or passers-by on public property and property not that of the animal’s owner; or attacks, worries, or molests or kills other animals or repeatedly chases passing vehicles on public highways or streets.
OWNER. Any person who is the keeper, harborer, possessor, or custodian, or who has control of an animal, or legal owner of any animal. Any occupant of premises upon which an animal is found shall be deemed prima facie the owner of said animal for the purposes of this Chapter. In addition, it shall be evidence of ownership of any animal for any person to refuse to present that animal to an Animal Control Officer for inspection or to refuse to permit such Officer to impound any animal on the premises of such person, when said animal is found in violation of the provisions of this Chapter.
PHYSICAL CONTROL. Confined or restrained by a chain, rope, or leash.
PET SHOP. An establishment operated by any person, firm, or corporation, where live animals are kept for wholesale or retail sale, barter, or hire.
PROTECTIVE CUSTODY HOLD. Is a hold placed on any animal or dog which the animal enforcement authority determines should extend beyond seventy two (72) hours, excluding Saturday, Sunday and holidays.
PUPPY. Any member of the domestic canine species under the age of four (4) months.
QUARANTINE. The act of strict isolation and confinement of any animal to prevent the exposure to and the spread of a contagious disease or to prevent the animal from injury to any person or other animal.
STRAY. Any animal that is at large without an identification tag, license tag, rabies tag, brand, tattoo, or any apparent identification that would identify the true ownership of said animal, or an animal that may be lost or abandoned with or without such means of identification.
UNCONTROLLED. Any animal at large.
UNLICENSED. That the licensing fee has not been paid for the current licensing period in the City.
VACCINATION. A rabies vaccination of a dog or cat with a vaccine approved by and in the manner prescribed by the State Department of Public Health.
VETERINARIAN. A person licensed to practice veterinary medicine in the State of California.
VICIOUS ANIMAL. Any animal which has bitten a person or animal without provocation, or attacks, bites, harasses, scratches, or which has a disposition or propensity to attack, bite, harass or scratch any person or animal, or constitutes a physical threat to human beings or other animals.
WILD ANIMAL. Any animal not actually confined or cultivated by man.
WORKING ANIMAL. Animals under the control of humans used for the movement of livestock, fowl, tracing, obedience show, or in the taking of wild animals or wild fowls during the season established by law or in field trials. (Ord. 923, §2, adopted 1991)