Gilroy Municipal Code Art. I In General

[1]

Editor’s note—Ord. No. 95-9, §§ 2, 3, adopted May 1, 1995, repealed and replaced Ch. 4. Former Ch. 4 pertained to similar subject matter and derived from Ord. Nos. 733, 833, 1029, 85-8, 89-1 and 89-6.

**Cross references—**Animal control, § 2.49; animal-drawn vehicles, § 15.3.

**State law references—**Cruelty to animals, Pen. C., § 597F; keeping animals and fowl in or near apartment houses, dwellings, etc., H. & S. C., §§ 17816, 17817.

This chapter shall be known as the animal control ordinance.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

“Administrator”

means the chief of police or any animal control officer or other person authorized to act on his behalf in the implementation or enforcement of this chapter.

“Agricultural animal”

includes but is not limited to horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs or pigs but excepting pot-bellied pigs kept as household pets in a sanitary manner and otherwise in accordance with the provisions of this chapter, or other animals ordinarily used for agricultural purposes.

“Agricultural zone”

means any premises within the city which has been zoned for agricultural uses as established by the official zoning ordinances of the city.

“Animal”

means any live vertebrate creature, domestic or wild.

“Animal control officer”

means a person authorized to act on behalf of the administrator in the implementation or enforcement of this chapter.

“Animal establishment”

means an animal menagerie, animal shelter, commercial kennel, private kennel, pet grooming parlor, horse establishment, or pet shop, as those terms are defined and used in this chapter, but not any animal hospital or medical facility to which animals are taken for the primary purpose of medical treatment.

“Animal menagerie”

means any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained or kept for hire.

“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 or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.

“Assistance dog”

means a guide dog, signal dog or service dog as defined in California Civil Code Section 54.1.

“At large”

means a dog or other animal that is off the premises of its owner and not under restraint by leash or chain, or which is wandering or running freely on public property or property belonging to a person not the owner or person in control of the animal and without supervision, accompaniment and adequate restraint.

“Cat”

means a domestic cat (Felis catus).

“Commercial kennel”

means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or 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 or private kennels shall not be considered commercial kennels.

“Dangerous animal”

means any wild, exotic or venomous animal, or other animal which, because of its size, disposition or other characteristic, would constitute a danger to persons or property.

“Dangerous dog”

means a dog which has been classified as dangerous or potentially dangerous at one (1) of three (3) levels based upon specific behavior exhibited or possession of certain characteristics as described in this definition by the dog. For purposes of this chapter, behaviors or characteristics establishing various levels of dangerousness are as follows:

(1)

Level 1 behavior is established if a dog is found to menace, chase, display threatening or aggressive behavior or endanger the safety of any person or domestic animal. A dog exhibiting level 1 behavior is a level 1 dangerous dog within the meaning of this chapter.

(2)

Level 2 behavior is established if a dog, while under restraint of a leash, confined or at large, aggressively bites any person or a domestic animal. A dog exhibiting level 2 behavior is a level 2 dangerous dog within the meaning of this chapter.

(3)

Level 3 behavior is established if:

a.

A dog, whether or not confined, causes the serious injury or death of any person or a domestic animal;

b.

A dog engages in or is found to have been trained to engage in exhibitions of fighting, except where the dog’s training has been acquired and fighting done in connection with lawful activities of law enforcement officials; or

c.

A dog that has been classified as a level 2 dangerous dog repeats the behavior covered by subsection (2) of this definition after the owner or person with custody receives notice of the level 2 classification. A dog exhibiting level 3 behavior is a level 3 dangerous dog within the meaning of this chapter.

“Dog”

means a domestic dog (Canis familiaris.)

“Enclosed premises”

means any lot or premises so enclosed as to prevent any animal or fowl confined thereon, escaping therefrom, or any animal or fowl from entering thereon.

“Grooming parlor”

means any commercial place where animals are trimmed, bathed or groomed.

“Horse establishment”

means any person keeping three (3) or more horses, donkeys, mules, jack, hinny, jenny burros or ponies for any or all of the following purposes:

(1)

For hire to be ridden or driven;

(2)

For giving riding instruction;

(3)

For boarding with compensation.

“Household pets”

means and includes dogs, cats, canaries, parrots and other kindred birds and animals usually or ordinarily kept as household pets.

“Owner”

means any person who acknowledges ownership of an animal or who harbors or keeps any animal for five (5) or more consecutive days.

“Person”

includes any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

“Pet shop”

means a person who obtains animals for sale, exchange, barter or hire to the general public as a principal or agent, or on consignment, or who holds himself out to be so engaged.

“Private kennel”

means a person who maintains within or adjoining his private residence five (5) or more dogs over four (4) months of age, or five (5) or more cats over four (4) months of age, but no more than a combined total of seven (7) dogs and cats, such animals to be for that person’s recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two (2) male dogs or cats used for breeding purposes for which compensation is received, or the parturition or rearing of more than two (2) litters of dogs or cats in any one (1) 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 animal control officer.

“Sterilized dog or cat”

means a dog or cat that has been spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction.

“Wild or exotic animal”

means and includes any animal which, because of inherent qualities including but not limited to size, geographic origin, vicious tendencies, dangerousness, or other characteristics is not domesticated and not normally kept as household pets.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 2002-01, § I, 1-7-2002; Ord. No. 2010-06, § I, 4-5-2010)

The remedies and prohibitions provided for under this chapter shall be cumulative of all remedies or penalties provided for under this or any other local or state code.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

§ 4.3. through § 4.5. (Reserved)