Chapter 6.08 — DEFINITIONS

For the purpose of this title, the words and phrases set out in this chapter shall have the meanings respectively ascribed to them by this chapter.

"Animal" means all mammals, fowl, birds, reptiles and fish.

"Breedable condition" means the condition of a female dog commonly referred to as being "in heat."

"Cat" means any domesticate member of the feline family of either sex, or any age.

"Cat kennel" means any lot, building, structure, enclosure, or premises, where four or more cats over the age of four months are kept.

"Dog kennel" means any lot, building, structure, enclosure, or premises, where four or more dogs over the age of four months are kept.

"Impounding fees" shall be fixed by city council resolution and required to be paid for the release of an impounded animal.

"Impounded" means having been received into the custody of the city or into the custody of the director of animal control or any authorized agent or representative thereof.

"Kennel" means any lot, building, structure or premises whereon or wherein four or more dogs and/or cats over the age of four months are kept or maintained for any purpose.

"Leash" means a flexible rope, strap, cord or chain, not over six feet in length, of such strength and design as to be capable of restraining the dog which it is being used to lead or restrain.

"Owner" means any person, firm, association, corporation, owning, harboring, having control, custody or possession of any animal, and in the case of an animal which is owned by a minor, the parent or guardian of the minor shall be considered the owner.

"Pet shop" means any premises, store, or department of any store dwelling, or any place of business where dogs, cats, monkeys, rabbits, reptiles, or any other animals are kept for sale, for hire, or are sold.

"Private premises" means any place or premises not publicly owned.

"Public place" means any public building, street, alley, sidewalk, park, way or other premises publicly owned.

"Rabies area" means that area within the state as determined by the Director of the State Department of Public Health, as provided by Division 3, Chapter 3 of the Health and Safety Code.

"Rabies vaccination" means the injection with a canine rabies vaccine of a type approved under the provisions of Section 2606.4 of Title 17 of the California Administrative Code.

"Running at large" means the presence of any animal in or upon any public place, or any private place or premises without the consent of the owner or occupant of such private premises, unless restrained by a leash under the control of a person physically capable of retaining control of the animal, or tethered upon such private premises to a fixture in such manner as not to create a nuisance.

"Vicious dog" means any dog, except a dog assisting a police officer engaged in law enforcement duties, which demonstrates any of the following characteristics and is deemed dangerous and/or vicious for purposes of this title:

Has a known propensity, tendency or disposition for unprovoked attacks or without provocation, has threatened the safety of persons or domestic animals;

Has been specially trained to guard persons and/or property;

Has been specially trained to attack persons or domestic animals or otherwise has been trained as an attack animal;

Is owned or kept in whole or in part for the purpose of dog fighting or has been trained for dog fighting;

Has attacked in such a manner which resulted in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully;

Has attacked another animal, livestock or poultry which occurred on property, other than that of the owner of the attacking animal;

Has chased, menaced or approached a person in a threatening manner or apparent attitude of attack when such person is conducting himself or herself peacefully and lawfully;

Has chased, menaced or approached a domestic animal in a threatening manner or apparent attitude of attack. For the purposes of this definition, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the animal when he or she is on such property in the performance of any duty imposed on such person by state or local law, or by the laws of postal regulations of the United States, or when he or she is on such property upon invitation, whether express or implied.

(Prior code §§ 2-1—2-17 and 2-32)