Clovis Municipal Code Art. 1 Definitions

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(a)

“Animal Services Division”

means the division of the City primarily responsible for enforcing provisions of this chapter and State animal control laws.

(b)

“Animal Services Officer”

means Clovis Animal Services Officers and any other person authorized to enforce the provisions of this chapter and State animal control laws. “Animal Services Officer” shall include police officers and the Supervisor of Animal Services.

(c)

“Animal Shelter”

means the Clovis Animal Shelter or any other facility designated by the Supervisor of Animal Services or Animal Services Officer for the purpose of impounding and caring for animals found in violation of this chapter, or surrendered to the City by their owners or finders. Any such facility shall be devoted to the welfare, protection and humane treatment of all animals.

(d)

“At large”

means the presence of any animal when it is off the premises of its owner and not restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal. “At large” shall also mean when the animal is on the premises of its owner and not under the immediate effective physical control of the owner sufficient to prevent ingress and egress of the animal. “At large” shall not include any animal while being trained in an obedience or other training class or while being exhibited at a show or obedience trial and under the immediate effective physical or vocal control of a person.

(e)

“Business days”

means every day the Animal Shelter is open for business, which is seven (7) days a week, Sunday through Saturday, excluding Thanksgiving, Christmas and Easter. (See also “working days.”)

(f)

“Cat”

means any member of the feline species (Felis Catus) customarily confined or cultivated by man as a pet.

(g)

“Coop”

means a covered enclosure for the shelter of fowl.

(h)

“Curb”

means to so restrain or control an animal that it does not defecate on property other than that of its owner except by the express consent of the owner of such other property.

(i)

“Destroy”

means putting an animal to death by euthanasia or other humane method.

(j)

“Dog”

means any member of the canine species (Canis Familiaris) customarily confined or cultivated by man as a pet, but excludes other members of the family Canidae.

(k)

Enclosure.

(1)

Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine an animal in conjunction with any other measures that may be necessary to keep the animal confined. The enclosure shall be designed in order to prevent the animal from escaping; or

(2)

In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top that protects the animal from the elements. All sides must be embedded into the ground no less than two feet (2') unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall be not less than fifty (50) square feet in area, and of sufficient height to permit each animal confined therein to stand in a natural erect position.

(l)

“Euthanasia”

means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness by injection.

(m)

“Excessive noise”

means the utterance of barks, howling, whining, cries, screeching, squeaking, squawking, or any noise which is loud, frequent, and continual over a period of time and which disturbs the peace and comfort of a person or persons of ordinary sensitivity. The following shall be presumed to disturb the peace and comfort of a person or persons of ordinary sensitivity: (1) excessive noise for a continuous period of ten (10) minutes; or (2) excessive noise for a continuous period of five (5) minutes on three (3) separate occasions within any sixty (60) minute period. “Continual” shall mean excessive noise with intervals of less than sixty (60) seconds between the noise. It shall not be deemed to be excessive noise if at the time of the noise a person or persons were teasing or provoking the animal or trespassing or threatening to trespass upon the private property of the owner.

(n)

“Farm animals”

means livestock, fowl, and other animals commonly kept or raised on a farm, including, but not limited to, any swine, sheep, goat, horse, donkey, mule, burro, cattle, goat, swine, chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

(o)

“Harbored”

means the feeding or sheltering of an animal for two (2) consecutive days or more.

(p)

“Horse”

means an animal of the genus Equus, including, but not limited to, horses, mules, donkeys and burros.

(q)

“Household pets”

means domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as: dogs; cats; guinea pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; Vietnamese potbellied pigs as provided for in this chapter; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals.

(r)

“Impound”

means the taking up and confinement of any animal in the Animal Shelter or a veterinary hospital.

(s)

“Lot”

means a single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the office of the Fresno County Recorder.

(t)

“Master Administrative Fee Schedule”

means the schedule of fees adopted from time to time by resolution of the City Council.

(u)

“Menacing animal”

means an animal which engages in the behavior defined in Section 6.1.308.

(v)

“Owner”

means the legal owner and any person who owns, possesses, harbors, controls, or has custody of an animal. In the case of a minor, the parents or guardians of the minor shall be deemed the owner. All adults residing at the same property address shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored, controlled, or in custody on the property.

(w)

“Peaceably and lawfully upon property or premises”

means a person on property in the performance of any duty imposed upon him/her by the laws of this State or any city or county, or by the laws or postal regulations of the United States, or when he/she is on such property upon invitation, expressed or implied.

(x)

“Person”

means any individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society or cooperative.

(y)

“Pet”

means any animal kept for pleasure rather than utility.

(z)

“Physical control”

means any animal restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal or confined by a fence or other adequate enclosure so that the animal remains within the real property limits of its owner.

(aa)

“Potentially dangerous animal”

means any animal which, when unprovoked, does any of the following:

(1)

On two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the premises of the owner of the animal or when the person is peaceably and lawfully upon the premises of the owner;

(2)

Bites a person causing a less than severe injury;

(3)

Has inflicted severe injury on or seriously bitten a domestic animal;

(4)

On two (2) separate occasions within the prior thirty-six (36) month period, has inflicted injury, or otherwise caused injury attacking a domestic animal, but has not inflicted severe injury or seriously bitten the animal.

(bb)

“Premises”

means any lot or parcel of land owned, leased or rented by a person.

(cc)

“Quarantine”

means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

(dd)

“Sanitize”

means to make physically clean and remove and destroy to a practical minimum agents injurious to health.

(ee)

“Supervisor of Animal Services”

means the highest ranking Animal Services Officer for the City or his/her designee.

(ff)

“Seriously bitten”

means multiple bites to a human being or animal resulting in breaks to the skin.

(gg)

“Severe injury”

means any physical injury to a human being or animal that results in muscle tears, disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery.

(hh)

“Stall”

means a covered enclosure or shelter, barn, stable or other outbuilding for the shelter of farm animals.

(ii)

“Sustained,”

for administrative citations, means a failure to timely appeal the administrative citation or a decision from the hearing officer upholding the citation. For criminal citations and complaints, “sustained” means a plea of guilty or nolo contendere or a finding of guilt by a court or jury.

(jj)

“Unprovoked animal”

means an animal that has confronted, attacked, or injured a person or animal and has not been teased, tormented, abused, or assaulted by the person or animal confronted, attacked, or injured.

(kk)

“Vicious animal”

means any animal:

(1)

Which when unprovoked has seriously bitten, inflicts severe injury on, or kills a human being;

(2)

Which when unprovoked on two (2) separate occasions within the prior thirty-six (36) month period has bitten a person causing a less than severe injury;

(3)

Which when unprovoked has killed a domestic animal;

(4)

Which when unprovoked on two (2) separate occasions within the prior thirty-six (36) month period has seriously bitten or inflicted severe injury on a domestic animal;

(5)

Previously determined to be and currently listed as a potentially dangerous animal which continues the behavior which led to the potentially dangerous determination;

(6)

Previously determined to be and currently listed as a potentially dangerous animal which is not, at all times while on the premises of the owner, kept indoors or in an enclosure;

(7)

Previously determined to be and currently listed as a potentially dangerous animal which, when off the owner’s premises, is not restrained by a substantial leash of not more than six feet (6') in length, and under the control of a responsible adult physically capable of retaining control of the animal;

(8)

Previously determined to be and currently listed as a potentially dangerous animal, which is not properly licensed and vaccinated as required by this chapter;

(9)

Previously determined to be and currently listed as a potentially dangerous animal, which is maintained in violation of any of the conditions imposed pursuant to a stipulation entered into between an owner and the City, by a hearing officer, or by a court order in connection with a declaration that the animal is potentially dangerous;

(10)

Previously determined to be and currently listed as a potentially dangerous animal, which is removed from the City without notifying the Animal Services Division of the changed condition and the new location of the animal in writing within two (2) working days.

(ll)

“Reptile”

means any cold-blooded animal, including, but not limited to, turtles, snakes, lizards, crocodiles and alligators.

(mm)

“Vietnamese potbellied pigs”

means male and female (neutered and spayed) Vietnamese pot-bellied pigs kept in accordance with the requirements of this chapter and the City’s zoning ordinances.

(nn)

“Wild or exotic animal”

shall mean any of the following:

(1)

Any animal described in California Fish and Game Code Sections 2116 and 2118, or in any addition to Fish and Game Code Section 2118 by regulation of the Fish and Game Commission as provided for in those sections;

(2)

Any animal not normally kept as a domesticated animal or household pet, including, but not limited to, alligators, crocodiles, lions, monkeys and tigers;

(3)

Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;

(4)

Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state;

(5)

A potentially dangerous or vicious animal over which the owner has evidenced a failure to maintain control.

(oo)

“Working days”

means Monday through Friday, excluding City-recognized holidays. (See also business days.)

(§ 5, Ord. 00-31, eff. January 10, 2001; as amended by § 1, Ord. 09-10, eff. July 1, 2009)