Monterey County Municipal Code Ch. 8.04 General Provisions and Definitions

For the purposes of this Title, the following definitions shall apply:

"Agricultural Commissioner" means the Monterey County Agricultural Commissioner as specified in Section 2121 of the California Food and Agricultural Code or his or her designee.

"Animal Control Officer" means the Monterey County Health Officer, duly appointed deputies of the Monterey County Health Officer, or any Monterey County employee designated by the Monterey County Health Officer to enforce the provisions of this Title or a designee of the Animal Control Officer.

"Approved vaccine" means an animal rabies vaccine of a type approved by the California Department of Health Services or its successor organization.

"At-large" means off the premises of the person owning, or having possession, charge, custody, or control of the animal. All dogs shall be deemed to be running "at large," unless:

A. Restrained by a chain, strap or cord attached to their collars or harness, of no more than six feet in length, actually held by some person capable of exercising physical restraint, or made fast to some stationary object, or confined within a cage or other dog tight enclosure such as an electric or electronic fence; or

B. Accompanied by a person, the dog being sufficiently trained to be reliably responsive to the recall command and control of such person; or

C. On the property of its owner, other than on roads, lanes, alleys, streets, or ways over which other persons have a right to pass; or

D. Hunting with licensed hunters in a lawful manner.

"Brand inspector" means a State appointed inspector who determines the ownership of cattle or horses through inspection of their brands.

"Breeder" means an owner of a cat or dog who breeds it.

"Cat" means a domesticated household cat female as well as male, neutered or not neutered.

"Chip implant" means an injectable electronic device placed subcutaneously between the shoulder blades of dogs and/or cats. This device can be scanned for and an identification number read to assist in the licensing and/or identification process.

"County Animal Shelter" means a premise selected by the County Health Officer with the approval of the Monterey County Board of Supervisors for the care, confinement, isolation or detention of animals.

"Dog" means any dog (canis familiaris) of either sex, altered or unaltered; or any other member of the canis genus if owned, kept or harbored.

"Exotic animal" is any animal that is not indigenous to this County, not livestock and not a household pet whether domesticated or not, protected or not.

"Feral cat" means a nondomesticated cat (felis catus) female as well as male that is not housed or cared for in any way.

"Household pets" as referred to in this Title includes cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets. This definition shall not be construed to include livestock as defined in Subsection P below.

"Illegal cockfighting" means the crimes identified in the California Penal Code, including but not limited to Penal Code Sections 597b, 597i, and 597j.

"Kennel" means any lot, building, structure, enclosure or premises in which dogs or cats are kept for the purpose of boarding, sale, letting for hire, training for a fee, breeding, or maintaining two (2) or more litters of such animals per calendar year. For the purpose of this Title, the term "kennel" shall not include any duly licensed veterinary hospital, premises operated by the Society for the Prevention of Cruelty to Animals (SPCA) of Monterey County, any public pound, or County Animal Shelter.

"License tag" means a piece of metal inscribed with a number which has been issued by the County of Monterey or other official animal licensing agency.

"Livestock" as referred to in this Title includes every horse, ass, burro, donkey, mule, equine creature, cow, bull, steer, heifer, ox, bovine creature, fallow deer, llama, sheep, goat, hog, and domesticated bird not traditionally considered a pet.

"Owner" means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license or other legal document.

"Person" shall include any individual, partnership, corporation, trust or association.

"Pet shop" is any facility whereon or wherein the business of buying and selling or bartering live household pets is carried on. This definition shall not be construed as applying to the buying or selling of livestock, nor to the business or activities of a duly licensed veterinary hospital, premises operated by the SPCA of Monterey County, nor to the business or activities of any public pound or County Animal Shelter.

"Potentially dangerous dog" means any of the following:

A. Any dog 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.

B. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the Food and Agriculture Code.

C. Any dog 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 of the dog.

"Poultry hobbyist" means a person who is recognized by the Agricultural Commissioner as a member of a local, state or national organization which promotes the breeding of poultry for exhibition or show and/or sale of poultry to promote breeding as a hobby. The term "poultry hobbyist" does not include persons who raise poultry for the purpose of making them available for cockfighting.

"Poultry operation" means the raising, keeping, or raising and keeping of, in the aggregate, more than two hundred (200) adult female chickens, turkeys, ducks, geese, pigeons, pheasants, peafowl, guinea fowl or other fowl for the primary purpose of producing eggs or meat for sale. The term "poultry operation" does not limit the number of roosters that may be kept, so long as those roosters are part of the poultry operation.

"Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment, exclusive of any kennel house.

"Rooster" means any male chicken that:

1. Is six months or older; or

2. Has full adult plumage; or

3. Is capable of crowing.

"Rooster keeping operation" means five or more roosters kept or maintained on any single property within unincorporated Monterey County.

"Rooster keeping operator" means an individual, individuals, or entity operating a rooster keeping operation pursuant to a valid permit under Chapter 8.50 of this Title.

"Sheriff" means the Sheriff of the County of Monterey, duly appointed deputies of the Sheriff, or any designee of the Sheriff.

"Single property" means a unit of land, whether consisting of a legal lot of record or several legal lots of record combined, which is used or operated as a unified whole or as one working enterprise.

"State Humane Officer" is an individual who is duly appointed by the Superior Court of Monterey County and currently employed and duly appointed by an organization whose purpose is for the prevention of cruelty to animals as outlined in Section 607f of the California Civil Code and Title 1, Division 2, Part 9, of the California Corporation Code commencing with Section 10400.

"Stray livestock" means any impounded or seized livestock whose owner is unknown or cannot be located.

"Tethering" means the use of any wire, string, rope, chain or similar device to restrict or restrain the movements of a rooster.

"Vicious dog" means any of the following:

A. Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under Subdivision (a) of Section 597.5 of the Penal Code.

B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 of the Food and Agriculture Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agriculture Code.

"Wildlife" includes any animal that is indigenous to this County and not domesticated, protected or not. Wildlife does not include, among other animals, feral livestock such as wild pigs, household pets, or exotic animals.

(Ord. 4142, 2002; Ord. 3701, 1993; Ord. 3629, 1992)

(Ord. No. 5249, § 1, 12-16-2014)