Rohnert Park Municipal Code Ch. 6.02 General Provisions

This Title is intended to regulate, control and protect animals existing within the city of Rohnert Park.

(Ord. 738 § 1 (part), 2005)

The city council may, from time to time, by resolution, establish a schedule of fees and charges for services performed and licenses issued under this Title. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses.

(Ord. 738 § 1 (part), 2005)

Violation of any of the provisions of this Title shall be deemed to be an infraction unless otherwise designated.

(Ord. 738 § 1 (part), 2005)

For purposes of this Title, unless the context clearly indicates otherwise, certain words and phrases shall have the meaning given to them in this section:

A. "Animal" means all nonhuman members of the animal kingdom, including domestic, exotic and livestock species.

B. "Animal control officer" means an employee of the city or the city shelter authorized to enforce all of the provisions of this Title relating to the care, control and treatment of animals as well as any state laws which he or she is authorized to enforce.

C. "Assistance dog" means a specifically trained canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet-assisted therapy dogs.

D. "At large" means an animal that is off the premises of its owner and not under restraint by a leash.

E. "Breeder" means any person, business or organization that is recognized as a "breeder" under the laws of the State of California.

F. "Commercial kennel" means any lot or premises on which four or more dogs or five or more cats, not to exceed ten of either, over four months of age; or thirteen or more birds, rabbits, rodents and reptiles, up to a total of twenty of all; are owned and kept by the owner or occupant for commercial purposes including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training. A commercial kennel shall not include a veterinary facility, S.P.C.A., or the animal shelter.

G. "Dangerous animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:

1. An unprovoked attack that results in serious injury to, or the death of, any person when such person is acting lawfully;

2. An unprovoked attack that results in the death of another animal or livestock when the animal or livestock is off the property of the owner of the attacking animal;

3. A second unprovoked attack within a thirty-six-month period on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;

4. A second unprovoked attack within a thirty-six-month period on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;

5. A second unprovoked attack within a thirty-six-month period on any person that results in less than a serious injury when the person is acting lawfully.

H. "Domestic animal" means any animal customarily kept by humans for companionship, including, but not limited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas and the like. Feral cats are not domestic animals.

I. "Exotic animal" means any species of animal not normally considered domestic or livestock. For purposes of this definition, "exotic animal" shall be defined as those animals defined by California Fish & Game Code Section 2116 as "wild animals." This includes, but is not limited to, the species listed in California Fish & Game Section 2118.

J. "Health officer" means any Public Health Officer of Sonoma County or designee.

K. "Hearing officer" means the administrative sergeant of the department of public safety or his or her designee as determined by the director of public safety.

L. "Hobby kennel" means any place or premises on which four or more dogs or five or more cats, not to exceed ten of either, over four months of age; or thirteen or more birds, rabbits, rodents and reptiles, up to a total of twenty of all; are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions; or enhancing or perpetuating a given breed, other than dogs used in conjunction with an agricultural operation on the lot or premises. No hobby kennel operator shall sell, display, offer for sale, barter or give away more than two litters of puppies and/or two litters of kittens in any calendar year.

M. "License" means a permit obtained from a governmental or quasi-governmental agency which allows a person, business or organization to do described acts or maintain described premises.

N. "Livestock" means any animal kept by humans that do not customarily inhabit their owner's dwelling. Includes, but not limited to, equine, bovine, ovine, caprine, porcine, and any species of chickens, ducks, pigeons, geese, turkeys or other domesticated fowl, but excluding bees.

O. "Owner" or "Owner/Guardian" means any person who keeps or has charge of or provides custody or care to an animal for at least thirty consecutive days. This definition shall exclude veterinarians who are treating or caring for an animal in the regular practice of veterinary medicine as well as the owners or operators of an animal grooming business, kennel or pet shop while engaged in the regular practice of such business. Use of the term "Owner/Guardian" in place of "Owner" shall not imply or bestow any change in legal status or ownership of animals by the use of such term.

P. "Pet shop" means any premises wherein animals are kept for the purposes of wholesale or retail sale, exchange or hire to the public.

Q. "Pit bull" means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any mixed breed of dog which contains, as an element of its breeding, one of these aforementioned breeds and exhibits the majority of physical traits of any such breeds.

R. "Potentially dangerous animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates for the first time any or all of the following behavior:

1. An unprovoked attack on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;

2. An unprovoked attack on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;

3. An unprovoked attack on any person that results in less than a serious injury when the person is acting lawfully;

4. Any unprovoked behavior that constitutes a physical threat of bodily harm to any person when the person is off the property of the owner of the animal.

S. "Serious injury" means any physical injury to a human or animal that requires multiple sutures or corrective or cosmetic surgery, or results in muscle tears, multiple puncture wounds, disfiguring lacerations, or severe bruising.

T. "Service dog" means any dog under the control of a public safety officer in the performance of, or training for, public service.

U. "Shelter supervisor" means the supervisor of the city's shelter or her or his designee.

V. "Welfare organization" means any nonprofit public benefit corporation that is organized for the purpose of improving the lives or welfare of animals.

(Ord. 752 § 1, 2006: Ord. 738 § 1 (part), 2005)