Orange Cove Municipal Code Ch. 6.04 Definitions

For the purposes of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. "Animal regulations ordinance. Chapters 6.04 to 6.32 of Title 6 may also be referenced as animal regulations ordinance.

B. "Animal services division." The division of the city primarily responsible for enforcing provisions of Title 6, Animal Regulations Ordinance and state animal control laws which shall be established in writing by the city manager.

C. "Animal services officer." Animal services officer shall include police officers and any other employee designated to serve as animal services officer by the city manager.

D. "Animal shelter." The Orange Cove Animal Shelter or any other facility designated by the city manager for the purpose of impounding and caring for animals found in violation of Chapter 6, the animal regulations ordinance, or surrendered to the city by their owners or finders. Any such facility shall be devoted to the welfare, protection, and humane treatment of all animals.

E. "At large." The presence of any animal when it is off the premises of its owner and not restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal. At large shall also mean when the animal is on the premises of its owner and not under the immediate effective physical control of the owner sufficient to prevent ingress and egress of the animal. At large shall not include any animal while being trained in obedience or other training class or while being exhibited at a show or obedience trial and under the immediate effective physical or vocal control of a person.

F. "Business days." Every day the animal shelter is open for business, which is seven days a week, Sunday through Saturday, excluding Thanksgiving, Christmas, and Easter. (See also working days.)

G. "Cat." Any member of the feline species (Felis catus) customarily confined or cultivated by man as a pet.

H. "Coop." A covered enclosure for the shelter of fowl.

I. "Curb." To so restrain or control an animal that it does not defecate on property other than that of its owner except by the express consent of the owner of such other property.

J. "Destroy." Putting an animal to death by euthanasia or other humane method.

K. "Dog." Any member of the canine species (Canis familiaris) customarily confined or cultivated by man as a pet, but excludes other members of the family Canidae.

L. "Enclosure."

1. Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine an animal in conjunction with any other measures that may be necessary to keep the animal confined. The enclosure shall be designed in order to prevent the animal from escaping; or

2. In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top that protects the animal from the elements. All sides must be embedded into the ground no less than two feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall not be less than fifty square feet in area, and of sufficient height to prevent each animal confined therein to stand in a natural erect position.

M. "Euthanasia." The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness by injection.

N. "Excessive noise." The utterance of barks, howling, whining, cries, screeching, squeaking, squawking, or any noise which is loud, frequent, and continual over a period of time and which disturbs the peace and comfort of a person or persons of ordinary sensitivity. The following shall be presumed to disturb the peace and comfort of a person or persons of ordinary sensitivity: (1) excessive noise for a continuous period of ten minutes; or (2) excessive noise for a continuous period of five minutes on three separate occasions within any sixty minute period. Continual shall mean excessive noise with intervals of less than sixty seconds between the noise. It shall not be deemed to the excessive if at the time of the noise a person or persons were teasing or provoking the animal by trespassing or threatening to trespass upon the private property of the owner.

O. "Farm animals." Livestock, fowl, and other animals commonly kept or raised on a farm including, but not limited to, any swine, sheep, goat, horse, donkey, mule, burro, cattle, goat, swine, chicken, duck, goose, guinea fowl, pea fowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

P. "Fee schedule." The schedule of fees adopted from time to time by resolution of the city council.

Q. "Harbored." The feeding or sheltering of an animal for two consecutive days or more.

R. "Horse." An animal of the genus Equus, including, but not limited to, horses, mules, donkeys, and burros.

S. "Household pets." Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as: dogs; cats, guinea; pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; Vietnamese potbellied pigs as provided for in this chapter; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals.

T. "Impound." The taking up and confinement of any animal in the animal shelter or a veterinary hospital.

U. "Lot." A single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the office of the Fresno County Recorder.

V. "Menacing animal." An animal which engages in the behavior defined in Section 6.1.308 of this chapter.

W. "Owner." The legal owner and any person who owns, possesses, harbors, controls, or has custody of an animal. In the case of a minor, the parents or guardians of the minor shall be deemed the owner. All adults residing at the same property address shall be rebuttably presumed to the owner of any animal owned, possessed, harbored, controlled, or in custody on the property.

X. "Peaceably and lawfully upon property or premises." A person on a property in the performance of any duty imposed upon him/her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he/she is on such property upon invitation, expressed or implied.

Y. "Person." Any individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society or cooperative.

Z. "Pet." Any animal kept for pleasure rather than utility.

AA. "Physical control." Any animal restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal or confined by a fence or other adequate enclosure so that the animal remains within the real property limits of its owner.

BB. "Potentially dangerous animal." Any animal, which, when unprovoked, does any of the following:

1. On two separate occasions within the prior thirty-six month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the premises of the owner of the animal or when the person is peaceably and lawfully upon the premises of the owner;

2. Bites a person causing a less than severe injury;

3. Has inflicted severe injury or seriously bitten a domestic animal;

4. On two separate occasions within the prior thirty-six month period, has inflicted injury, or otherwise caused injury attacking a domestic animal, but has not inflicted severe injury or seriously bitten the animal.

CC. "Premises." Any lot or parcel of land owned, leased or rented by a person.

DD. "Quarantine." The isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

EE. "Sanitize." To make physically clean and remove and destroy to a practical minimum agents injurious to health.

FF. "Supervisor of animal services." The city manager or his/her designee.

GG. "Seriously bitten." Multiple bites to a human being or animal resulting in breaks to the skin.

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

II. "Stall." A covered enclosure or shelter, barn, stable, or other outbuilding for the shelter of farm animals.

JJ. "Sustained." For administrative citations, a failure to timely appeal the administrative citation or a decision from the hearing officer upholding the citation. For criminal citations and complaints, a plea of guilty or nolo contendere or a finding of guilt by a court or jury.

KK. "Unprovoked animal." An animal that has confronted, attacked, or injured a person or animal and has not been teased, tormented, abused, or assaulted by the person or animal confronted, attached or injured.

LL. "Vicious animal." Any animal:

1. Which when unprovoked has seriously bitten, inflicts severe injury on, or kills a human being;

2. Which when unprovoked on two separate occasions within the prior thirty-six month period has bitten a person causing a less than severe injury;

3. Which when unprovoked has killed a domestic animal;

4. Which when unprovoked on two separate occasions within the prior thirty-six month period has seriously bitten or inflicted severe injury on a domestic animal;

5. Previously determined to be and currently listed as a potentially dangerous animal which continues the behavior which led to the potentially dangerous determination;

6. Previously determined to be and currently listed as a potentially dangerous animal which is not, at all times while on the premises of the owner, kept indoors or in an enclosure;

7. Previously determined to be and currently listed as a potentially dangerous animal which, when off the owner's premises, is not restrained by a substantial leash of not more than six feet in length, and under the control of a responsible adult physically capable of retaining control of the animal;

8. Previously determined to be and currently listed as a potentially dangerous animal, which is not properly licensed and vaccinated as required by this chapter;

9. Previously determined to be and currently listed as a potentially dangerous animal, which is maintained in violation of any of the conditions imposed pursuant to a stipulation entered into between an owner and the city, by a hearing officer, or by a court order in connection with a declaration that the animal is potentially dangerous;

10. Previously determined to be and currently listed as a potentially dangerous animal, which is removed from the city without notifying the animal services division of the changed condition and the new location of the animal in writing within two working days.

MM. "Reptile." Any cold blooded animal including, but not limited to, turtles, snakes, lizards, crocodiles and alligators.

NN. "Vietnamese potbellied pigs." Shall mean a Vietnamese potbellied pig, or any other breed of potbellied pig. Male and female (neutered and spayed) Vietnamese potbellied pigs kept in accordance with the requirements of this chapter and the city's zoning ordinances.

OO. "Wild or exotic animal." Shall mean the following:

1. Any animal described in California Fish and Game Code Sections 2116 and 2118, or in any addition to Fish and Game Code Section 2118 by regulation of the Fish and Game Commission as provided for in those sections;

2. Any animal not normally kept as a domesticated animal or household pet, including, but not limited to, alligators, crocodiles, lions, monkeys, and tigers;

3. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch, or other means;

4. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state;

5. A potentially dangerous or vicious animal over which the owner has evidenced a failure to maintain control.

PP. "Working days." Monday through Friday excluding city recognized holidays. (See also business days.)

(Ord. No. 370, §§ 1, 2, 3-11-2015)