Morgan Hill Municipal Code Ch. 6.04 General Provisions

For the purposes of Chapters 6.04 through 6.32 of this title, unless otherwise apparent from the context, certain words and phrases used in Chapters 6.04 through 6.32 of this title are defined as follows:

A. "Administrator" means the person appointed by the city manager to administer the city animal control services, or any person authorized or designated by the administrator to act on his behalf.

B. "Animal" means any live vertebrate creature, domestic or wild, including but not limited to livestock, household pets and other small animals, except fish.

C. "Animal service officer" means any person authorized to act on behalf of the chief of police in the enforcement of this title, and on behalf of the county health officer in the enforcement of rabies control laws.

D. "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.

E. "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.

F. "Cat" means a domestic cat (Felis catus.)

G. "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.

H. "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.

I. "Dog" means a domestic dog (Canis familiaris.)

J. "Grooming parlor" means any commercial place where animals are trimmed, bathed or groomed.

K. "Horse establishment" means any person keeping three 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.

L. "Owner" means any person who acknowledges ownership of an animal or who harbors or keeps any animal for five or more consecutive days.

M. "Person" means any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

N. "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.

O. "Private kennel" means a person who maintains within or adjoining his private residence six or more dogs over four months of age, or six or more cats over four months of age, but no more than a combined total of eight 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 male dogs or cats used for breeding purposes for which compensation is received, or the parturition or rearing of more than two litters of dogs or cats in any one 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.

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

Q. "Sterilized animal" means one that has been surgically rendered incapable of reproduction.

(Ord. 1518 N.S. § 1, 2001; Ord. 1442 N.S. §§ 1—4, 1999; Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 1, 1987; Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 16, 5-2-2018)

Chapters 6.04 through 6.32 of this title are not intended to regulate the use of land. The zoning ordinances of the city regulate the number and types of animals which may be maintained in various zoning districts. Nothing in Chapters 6.04 through 6.32 of this title are intended to supersede the provisions of the city's zoning ordinances.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)