Petaluma Municipal Code Ch. 9.04 General Provisions and Definitions

As used in this title, unless the context clearly indicates otherwise, the following deLnitions shall apply:

A. "Animal" means any nonhuman mammal, bird, reptile, amphibian or Lsh including, but not limited to, dog,

cat, horse, goat, sheep, and chicken and all animals deLned in California Penal Code Section 597.

B. "Animal control oNcer" means the person appointed by the city manager as animal control oNcer and any

designated assistants, any peace oNcer and any designated police department employee.

C. "Animal services manager" or "manager" means the person appointed by the city manager whose duties

include, but are not limited to, the enforcement of this title and the management of day-to-day operations of the

city-operated animal services department.

D. "Animal hearing oNcer" means the animal services manager or person(s) appointed by the city manager to

conduct all hearings authorized by this title.

E. "Apiary" means bees, hives, colonies, or beekeeping appliances wherever they are kept, located or found in

accordance with Food and Agriculture Code Section 29002, as amended from time to time.

F. "Authorized feral cat care organization" means any tax exempt organization under Section 501(3) of the

Internal Revenue Code or similar provision that complies with all of the requirements of Section 9.14.110 of this

title and other applicable law.

G. "Beekeeping appliance" means any implement or other device which is used in handling and manipulating

bees or comb, any container of bees or comb, or any other equipment which is used in the practice of apiculture.

H. "Bee" means a honey-producing insect of the species Apis melliLcia, including the adults, eggs, larvae, pupae

and other immature states thereof.

I. "Beehive" or "hive" means any receptacle or container or part thereof that is made or prepared for the use of

bees, or any box or similar container that is inhabited by bees in accordance with Food and Agriculture Code

Section 29011, as amended from time to time.

J. "Bee colony" means one beehive and its contents, including bees, comb, and beekeeping appliances in

accordance with Food and Agriculture Code Section 29006, as amended from time to time.

K. "Domestic birds" means any of a class (Aves) of domestic warm-blooded vertebrates distinguished by having

the body more or less completely covered with feathers and the forelimbs modiLed as wings.

L. "Cat" means a domestic cat (Felis catus). Cats are the personal property of their owner.

M. "Impound" means to take into custody by the animal control oNcer as authorized by this title.

N. "Commercial kennel or cattery" means any premises except veterinary hospitals, animal shelters or private

kennels where Lve or more dogs four months in age or older, or seven or more cats four months of age or older,

are kept for commercial purposes.

O. "Hobby kennel or cattery" means any place or premises on which Lve or more dogs or seven or more cats

over four months of age are owned and kept by the owner or occupant for personal, noncommercial purposes,

including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, Leld trials or other competitions, or

enhancing or perpetuating a given breed, other than dogs used in conjunction with a legal agricultural operation

on the lot or premises. No hobby kennel operator shall sell, display, oOer for sale, barter or give away more than

one litter of puppies and/or kittens in any calendar year.

P. "Feral cat" means any free roaming domestic cat without owner identiLcation of any kind whose usual and

consistent temperament is extreme fear and resistance to contact with people and that based on the reasonable

determination of an animal control oNcer is not socialized in accordance with Food and Agriculture Code Section

31752.5, subdivision (b), as amended from time to time.

Q. "Dog" means domestic dog (Canis familiaris) of any age and either sex.

R. "Livestock" includes but is not limited to horses, mules, jacks, cows, cattle, goats or sheep that do not

customarily inhabit their owners’ dwellings. Includes but not limited to Bovine, Caprine, Equine, Ovine and Porcine.

S. "Owner" means any person over eighteen years of age owning, keeping, harboring or having custody of, or

possession of, any animal. An animal shall be deemed to be harbored if it is fed or sheltered for thirty or more

consecutive days. This deLnition shall not apply to a veterinarian in the regular practice of his profession as to any

animal in his possession while being treated or cared for. This deLnition shall not apply to an operator of a

commercial kennel as to any animal that is being boarded in the regular practice of his business, nor to members

of an authorized feral cat care organization operating in accordance with Section 9.14.110.

T. "Person" means and includes any individual, Lrm, partnership, corporation, or association of persons.

U. "Pet shop" means a premises wherein pet animals are kept for purposes of wholesale or retail sale, exchange

or hire to the public. "Pet shop" does not include any place where pet animals are occasionally sold. "Pet animals"

means dogs, cats, rabbits, monkeys and other primates, birds, guinea pigs, hamsters, mice, snakes, iguanas,

turtles and any other species of animal sold or trained for the purpose of being kept as a household pet.

V. "Possessor" means any person other than the owner of an animal who has lawful custody or possession of

the animal.

W. "Potbellied pig" means any of a breed of small pigs (sus scrofa bittatus) known as Vietnamese, Chinese or

Asian potbellied pigs.

X. "Premises" means and includes any dwelling, building, real property, vehicle, vessel or part thereof.

Y. "Proof of ownership" means documentation demonstrating that a person owns an animal and includes, but is

not limited to, a license, veterinary record, valid bill of sale, or adoption contract.

Z. "Served by mail" refers to service by registered, certiLed and/or Lrst-class letter. The date the letter is posted

in the mail shall constitute the date the letter was served by mail.

AA. "Veterinarian" means a person licensed to practice veterinary medicine by the state of California.

BB. "Veterinary hospital" means a premises operated by a veterinarian for the treatment of diseases and injuries

to animals.

CC. "Rabies Control Act" means and refers to California Health and Safety Code Section 1900 and sections

following governing the identiLcation, quarantine and control of rabid animals.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

A. Animal control oNcers shall exercise all powers and have all the duties of public oNcers, as is provided in

Section 836.5 of the California Penal Code, and shall have the power to arrest a person without warrant when such oNcer has reasonable cause to believe that such person has committed a violation of this title, or any other

provision of this code, the Petaluma zoning ordinance or the laws of this state relating to the care, control and

keeping of animals. Animal control oNcers may arrest any person upon a warrant issued by a court of competent

jurisdiction.

B. Animal control oNcers shall enforce all the provisions of Title 9, and any other provisions of this code, the

Petaluma zoning ordinance, or the laws of this state relating to the care, control and keeping of animals and

investigate complaints of violations thereof. Animal control oNcers are authorized to issue warnings or citations of

the aforesaid ordinances and state laws.

C. Animal control oNcers shall enforce the California Rabies Control Act and provisions of this title relating to

rabies control.

D. Animal control oNcers shall assist in the operation of Petaluma animal services. This section shall not,

however, prevent the city council from contracting with an organization for the operation of animal services on

such terms and subject to such conditions as the city council determines.

E. Animal control oNcers shall issue all licenses and permits, and collect all fees and charges as authorized by

this title.

F. Animal control oNcers may seize, impound, and humanely destroy any animal when authorized by provisions

of this title or the laws of this state relating to the care, control and keeping of animals.

(Ord. 2185 NCS §2, 2004.)

For the purposes of enforcement of the ordinances and laws speciLed in Section 9.04.030(B), an animal control

oNcer may seek entry upon private property. If the property is occupied, the animal control oNcer shall identify

himself/herself, request entry, and explain the reasons thereof. If the property appears to be unoccupied, the

animal control oNcer shall make a reasonable eOort to locate the owner or occupant thereof. The animal control

oNcer may enter property, without Lrst securing a warrant, under the following circumstances and conditions:

A. When authorized by the laws of this state;

B. With the express permission of the owner or occupant of the property;

C. When there is probable cause to believe that any rabid animal is present upon the property and there is an

immediate hazard to the animal, other animals or the public safety;

D. When there is probable cause to believe that the keeping or maintaining of the animal on the private property

is so hazardous or dangerous as to require immediate inspection and/or impoundment of the animal to safeguard

the safety of the animal, other animals or the public safety;

E. When in the hot pursuit of an animal:

1. When the animal has been running at large on any highway or road or other public property, or on

private property and the owner thereof has requested that the animal be apprehended,

2. When any dog is trespassing on private property and is liable to cause damage to livestock, other

animals or other property,

3. Provided, that if consent is denied for entrance on the property by the owner or occupant thereof, the

animal control oNcer shall obtain a warrant as speciLed in subsection (F) of this section. If the owner or

occupant of the property cannot be located to obtain his consent for entrance on the property, nothing in this

subsection shall authorize the entry into a dwelling as deLned in the Petaluma zoning ordinance, except in

accordance with subsection (F) of this section;

F. Except as authorized in subsections (A) through (E) of this section, the animal control oNcer may enter upon

private property only upon obtaining an inspection warrant as authorized by California Code of Civil Procedure

Section 1822.50, et seq., or a search warrant from a court of competent jurisdiction authorizing the entry.

(Ord. 2185 NCS §2, 2004.)

Any person who, while operating a motor vehicle, knowingly injures an animal must do all of the following. Failure

to render aid as follows shall be a violation of this chapter.

A. Immediately stop the vehicle at the scene of the accident or as close thereto as safely possible; and

B. Immediately report the accident to Petaluma animal services or the Petaluma police department, and provide

information to the extent known regarding the type of animal injured, the extent of injuries sustained by the

animal, and the location of the animal.

(Ord. 2349 NCS §1, 2009.)