Buena Park Municipal Code Ch. 6.04 Definitions

For the purpose of this title, the following words and phrases are defined and shall be construed as set out in this chapter unless it is apparent from the context that a different meaning is intended. The present tense includes the past and future tense; each gender includes the other. The singular number includes the plural and the plural the singular.

(Ord. 1542 § 2, 2010)

"Animal"

means any animal, mammal, bird, reptile, fish, or any other dumb creature or any live vertebrate creature other than a human being.

(Ord. 1542 § 2, 2010)

"Animal shelter"

means the facility designated by the council to provide care and cause a proper disposition of those animals that come under the care of the city by virtue of the duties imposed upon the animal control officer(s) by this title.

(Ord. 1542 § 2, 2010)

"Animal control officer"

means those persons contracted by the city and empowered by the city manager and the executive director whose duties relate to the enforcement of laws and ordinances concerning animals.

(Ord. 1542 § 2, 2010)

"Bird"

means any bird of any age of either sex, including any fowl, exotic or domestic bird.

(Ord. 1542 § 2, 2010)

"Cat"

means any cat of any age of either sex.

(Ord. 1542 § 2, 2010)

"City manager"

means the city manager of the city of Buena Park or designee.

(Ord. 1542 § 2, 2010)

"Director of community development"

means the director of the community development department of the city of Buena Park or designee.

(Ord. 1542 § 2, 2010)

"Dog"

means any dog of any age of either sex.

(Ord. 1542 § 2, 2010)

"Endangered species"

means a native species or subspecies of a bird, mammal, fish, amphibian or reptile (as defined in Fish and Game Code Section 2062) which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.

(Ord. 1542 § 2, 2010)

"Executive director"

means the executive director of the Southeast Area Animal Control Authority (SEAACA) or designee.

(Ord. 1542 § 2, 2010)

"Exotic animal"

means any non-native animal not normally considered being a domestic animal, fowl or livestock. Such animals might include but are not limited to an alligator, crocodile, caiman or other large reptile including snakes, a chimpanzee, monkey or other primate, a lion, tiger, cheetah, ocelot or other large cat, an ostrich, pea fowl or other large bird.

(Ord. 1542 § 2, 2010)

"Fowl"

means a bird usually raised for consumption. In this environment a fowl could include but is not limited to chicken, duck, goose, turkey, pigeon, quail, pheasant or rooster.

(Ord. 1542 § 2, 2010)

"Grooming shop or parlor"

means any person, firm, or corporation operating a business or establishment where customers take their animals to be washed, clipped, or groomed.

(Ord. 1542 § 2, 2010)

"Impounded"

means having been received into the custody of the animal control officer or any authorized agent or representative thereof, or any police officer of the city. "Impounded" means taken into the custody of the public pound or animal control department or provider of animal control services.

(Ord. 1542 § 2, 2010)

"Kennel"

means any lot, building, structure, enclosure or premises whereon four or more dogs, or cats are being kept, boarded or maintained.

(Ord. 1542 § 2, 2010)

"Livestock"

means any cattle, goat, sheep, swine, or other animals raised primarily for consumption and any horse, mule, donkey, burro or other equine. It does not include those species that are usually kept as pets, such as dogs, cats, and pet birds.

(Ord. 1542 § 2, 2010)

"Owner or responsible person"

means any person having custody, care and control of any dog or cat or other common household pet for ten consecutive days shall be deemed the owner or responsible person of such animal, except any veterinarian, or kennel operator having in his or her possession or control any animal for the purpose of treatment or other care.

(Ord. 1542 § 2, 2010)

"Pet shop"

means any person, firm, or corporation operating an establishment where live animals, including fish, are kept for sale, for hire, or sold.

(Ord. 1542 § 2, 2010)

"Potentially dangerous dog"

means any dog which when unprovoked: (1) on two separate occasions within the prior thirty-six month period engaged in any behavior that required a defensive action by any person to prevent bodily injury when the person and the dog were off the property of the owner or keeper of the dog; or (2) has bitten a person causing a minor injury; or (3) on two separate occasions within the prior thirty-six month period, has killed, seriously bitten, inflicted injury or otherwise caused injury to another domestic animal while off the property of the owner or keeper of the dog.

(Ord. 1542 § 2, 2010)

"Quarantine"

means isolation of a dog or other animal in an enclosure or other environment so that the dog or animal cannot be subject to other animals or unauthorized persons.

(Ord. 1542 § 2, 2010)

"Unlicensed dog"

means any dog over the age of four months upon which the current plate or tag provided for in this title is not attached.

(Ord. 1542 § 2, 2010)

"Vicious dog"

means (1) any dog seized under Section 599aa of the Penal Code (Dog Fighting) and upon conviction of the dog's owner or keeper for violations of Section 597.5(a) of the Penal Code; or (2) any dog which, when unprovoked, in an aggressive manner inflicts a severe injury (as defined in Food and Agricultural Code Section 31604) on or kills a human being; or (3) any dog previously determined to be and currently listed as a "potentially dangerous dog" (see Section 6.04.190) which, after its owner or keeper has been notified of this determination, continues or repeats the behavior described in Section 6.04.190, or is kept or maintained in accordance with the provisions established through the declaration hearing as described in Food and Agricultural Code Section 31621.

(Ord. 1542 § 2, 2010)

"Wild animal"

means any amphibian, bird, fish, mammal, reptile or other animal which is not normally domesticated in this state; or any non-domestic, or untrained animal which because of its size, natural disposition, or other characteristic constitutes a hazard or menace to persons or animals or is likely to damage property. Such animals might include but are not limited to a bear, cougar, wolf or coyote, ferret, opossum, raccoon, skunk, squirrel or weasel, or an eagle, hawk, falcon or other bird of prey.

(Ord. 1542 § 2, 2010)