Mendota Municipal Code Ch. 6.04 Definitions

As used in this chapter:

"Animal" means any living vertebrate member of the animal kingdom, excluding man.

"Animal control officer" means any person designated by the state of California, city of Mendota, or Fresno County as an animal control officer who is authorized to perform such duties under the laws of this state.

"Animal shelter" means any facility that is on property owned by the city of Mendota, operated by a humane society, or a public agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

"At large" means off the premises of the person owning or having the possession, charge, custody, or control of the animal and not under the immediate control of a person by means of an enclosure, leash, rope, or other means of immediate effective physical control.

"Auction" means a place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.

"Bird" means any member of the bird family, including, but not limited to, parakeets, cockatiels, macaws, parrots, finches, conures and swans, domesticated to serve as a pet.

"Breeder" means any person, persons or business that breeds two or more litters of dogs in one year for sale or profit.

"Cat" means any member of the feline family, wild and domesticated, and shall be intended to mean both male and female.

"Commercial animal establishment" means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit or boarding kennel.

"Dog" means any member of the canine family, wild or domesticated, and shall be intended to mean both male and female.

"Domestic animals" such as are habituated to live on or about the habitations of persons or such as to contribute to the support of a family or the wealth of the community.

"Fowl" means any chicken, duck, goose, turkey, guinea, pigeon, peacock or other fowl.

"Hearing officer" means the poundmaster or any designee of the poundmaster.

"Impoundment" means the taking up and confinement of any animal in an animal shelter, veterinary hospital or other facility.

"Kennel" means any premises, wherein any person keeps six or more dogs more than four months of age except commercial animal establishments.

"Litter" is defined as two or more offspring from one or more female dogs located at the same premises.

"Livestock" means any large animal kept or raised for use, pleasure or profit.

"Owner" means any person, partnership, firm or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

"Person" means any individual, partnership, firm, corporation, joint venture or entity.

"Pet" means any domesticated dog, cat, bird, potbelly pig, guinea pig, hamster or aquarium kept for pleasure rather than utility.

"Pet shop" means any person, partnership, firm or corporation whether operated separately or in connection with another business enterprise except for licensed kennels, that buy, sell, or board any species of animals.

"Poundmaster" means the person appointed by the city manager. That person may be the party with whom the city has contracted for the performance of pound services. Whenever the term "poundmaster" is used in this chapter, it shall include his or her designee.

"Premises" mean a house, other dwelling, a yard or other area so enclosed as to prevent a dog from escaping.

"Private property" means that property on which a person or persons have the exclusive rights of disposition.

"Public nuisance" means any animal or animals which:

1. Molests passerby or chases passing vehicles;

2. Attacks other animals;

3. Trespasses on school grounds;

4. Is repeatedly at large;

5. Damages private or public property;

6. Barks, whines, or howls or makes any other noise that disturbs the comfort and quiet of any neighborhood or any person.

"Public place" means any park, public building, playground, street, road, alleyway, or other place open to the general public.

"Restraint" means a leash not in excess of eight feet, a tethered lead, or a fenced enclosure which keeps the animal under the control of a responsible person or within the real property limits of its owner.

"Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

"Vicious animal" means any animal, wild or domesticated, that attacks or bites any person or animal upon any public or private property within the city.

"Wild animal" means any undomesticated animal living in a feral state.

(Ord. No. 10-10, § 2, 1-11-2011)