Los Altos Municipal Code Ch. 5.04 Administrative Provisions

For the purposes of Title 5, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context or the provision clearly requires otherwise:

"Animal" means and includes any live vertebrate creature, domestic or wild, except fish.

"Animal establishment" means any commercial premises or place within the city where animals are kept, boarded, trained, sold or groomed, including a kennel, pet shop and grooming parlor.

"Animal menagerie" means any place where potentially dangerous animals are kept or maintained for any purpose, including places where kept for boarding, exhibition, training or kept for hire.

"Animal shelter" means a facility operated by a public jurisdiction or by an accredited, tax-exempt humane organization for the purposes of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.

"Cat" means and includes all domesticated felines.

"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 of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels.

"Dog" means and includes all domesticated canines.

"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious animal in conjunction with other measures which may be taken by the owner or keeper of the animal. The enclosure shall be designed in order to prevent the animal from escaping.

"Health officer" means the director of public health or any other person duly authorized to act on his or her behalf.

"Impounded" means taken into custody of the administrator.

"Owner" means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five consecutive days.

"Pet shop" means an establishment operated by any person where any live animals are kept for sale, barter or hire.

"Potentially dangerous animal." Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior, shall be presumed to be potentially dangerous:

Any animal which, when unprovoked, on two 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 dog are off the property of the owner or keeper of the dog;

Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in this section;

Any animal which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury, attacking a domestic animal off the property of the owner or keeper the animal.

"Private kennel" means a person who maintains more than the allowed number of dogs or cats over four months in age within or adjoining his or her private residence.

"Quarantine" means isolation of an animal in a place and manner approved by the administrator.

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

"Vicious animal." Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior, shall be presumed to be vicious:

Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

Any animal previously determined to be, and currently listed as potentially dangerous, which, after its owner or keeper has been notified of this determination, continues the behavior described in this section, or is maintained in violation of Title 5.

"Wild animal" means any wild, exotic, undomesticated, dangerous or venomous animal, including mammals, fowl or reptiles.

(Ord. 06-297 § 1: Ord. 06-296 § 1)

A.

As used in this chapter, "administrator" shall mean the administrator of animal services of the city of Palo Alto or any person authorized or designated by the administrator to act on his or her behalf.

B.

The administrator and any animal control officer shall have the following powers and authority:

To enforce the provisions of this chapter and state laws relating to the care, treatment, impounding, and destruction of animals;

To arrest any person who violates any provision of this chapter in the manner provided by the California Penal Code;

To issue citations pursuant to Section 607g of the California Civil Code;

To act as a public officer pursuant to Section 7 of the Food and Agriculture Code of the state;

To formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this chapter. Such rules and regulations shall have the same force and effect as this chapter, and any violations shall be deemed an infraction.

(Prior code § 5-1.101)

A.

The administrator and/or animal control officers shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this chapter. A search warrant shall be obtained whenever required by law.

B.

Such entry and inspection shall be made only after the occupant of the premises has been given written or oral notice of the inspection by the administrator and/or animal control officer. If the land is unoccupied, the administrator and/or animal control officer shall make a reasonable effort to locate the owner or other person having control of the property before making entry.

C.

Notwithstanding the foregoing, if the administrator and/or animal control officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect the public health or safety, he or she shall have the power to immediately enter and inspect the property without the use of reasonable force. If the property is occupied, the administrator

and/or animal control officer shall first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection shall constitute a misdemeanor.

(Prior code § 5-1.102)

Any person convicted of violating any provisions of Sections 5.12.010, 5.08.010 or 5.08.040 shall be deemed guilty of an infraction. Each day such violation occurs shall constitute a separate infraction. Upon conviction, the violator shall be fined as provided by law. A bail forfeiture shall be deemed to be a conviction for purposes of this section.

(Prior code § 5-1.121)