San Diego Municipal Code § 41.01 Definitions and Interpretations

The following words and phrases wherever used in this Chapter shall be construed as defined in the following sections unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. (Amended 2–10–1953 by O–5486 N.S.)

The term HEALTH DEPARTMENT or DEPARTMENT of PUBLIC HEALTH means the San Diego County Department of Environmental Health when the latter is enforcing the terms of this Chapter for the City of San Diego. (Amended 3–7–1983 by O–15914 N.S.) (Amended 1-2-2013 by O-20229 N.S.; effective 2-1-2013.)

The term HEALTH OFFICER or DIRECTOR means the Director of the San Diego County Department of Environmental Health and any officer or employee of the Health Department. (Amended 5–11–1954 by O–6103 N.S.) (Amended 1-2-2013 by O-20229 N.S.; effective 2-1-2013.)

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ESTABLISHMENT means each individual site, premise, vehicle or vessel from which a Health Regulated Business is conducted. Individual sites and premises which are contiguous and which are under one management shall be considered a single establishment. Individual sites and premises which are in or about the grounds of a stadium, ball park, theater or other facility at which large groups of people congregate and which are under one management shall be considered a single establishment. (Amended 4–13–1965 by O–9194 N.S.)

The term BUILDING means any structure built for the support, shelter, or enclosure of persons, animals or chattels; and when separated by division walls without openings, each portion so separated shall be deemed a separate building. (Amended 2–10–1953 by O–5486 N.S.)

The term PREMISES means all buildings, sheds, barns, animal pens or shelters, garages, docks, wharves, piers, and the like, whether public or private, standing alone, separately, or together with any other building herein defined, and shall include the land and its covering. (Amended 2–10–1953 by O–5486 N.S.)

The term OPENING means and refers to any opening or break in the foundation sides or walls, ground or first floors, basements and roofs, including chimney, eaves, grills, windows, ventilators, sidewalk grates and elevators, and around any pipe, wire or other installation connecting with a building or premises through which a rat might enter. (Amended 2–10–1953 by O–5486 N.S.)

The term RAT STOPPAGE or RAT PROOFING as used herein means a form of rat proofing to prevent the ingress or egress of rats and other rodents into or from buildings or premises. It consists essentially of the closing or protection of all openings in the exterior walls, ground or first floors, basements, roofs, and foundations, with material impervious to rat gnawing, in such manner as to prevent rats from gaining entrance. (Amended 2–10–1953 by O–5486 N.S.)

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The term RAT HARBORAGE means any condition which provides shelter or protection for rats or other rodents, thus favoring their multiplication and continued existence in, under, on top of, or outside of any structure of any kind, or in, under, or on top of the land itself. (Amended 2–10–1953 by O–5486 N.S.)

The term DAIRY or DAIRY FARMS means any place or premises where one or more cows or other milk animal or animals are kept, from which a part of, or all of the milk or milk products are bottled and sold or sold and delivered to any person. (Amended 2–10–1953 by O–5846 N.S.)

The term TATTOOING means any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments. (Amended 2–10–1953 by O–5846 N.S.)

The terms CESSPOOL, SEPTIC TANK, SEEPAGE PIT, SUBSURFACE DISPOSAL SYSTEM shall mean all types of sewage disposal, other than regular sewage disposal plants and systems operated by a political subdivision. (Amended 2–10–1953 by O–5846 N.S.)

(a) The term FOWL shall mean chicken, turkey, goose, duck, pigeons kept for meat or egg purposes, guinea fowl, peafowl or poultry, but shall not include racing or homing pigeons or fancy pigeons.

(b) The term “racing or homing pigeon” shall mean pedigree pigeons which are
banded and kept for the purpose of racing or homing sporting events
conducted by a nationally affiliated sporting association such as the American
Racing Pigeon Union or the International Federation of Racing Pigeon
Fanciers.

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(c) The term “fancy pigeon” shall mean pedigrees which are banded and kept for
the purpose of exhibition at shows conducted by a nationally affiliated fancy
pigeon association such as the National Pigeon Association or the American
Pigeon Club.

(d) The keeping of feral pigeons shall be prohibited.
(Retitled to “Fowl & Homing or Racing or Fancy Pigeons Defined” and amended
1–27–1997 by O–18378 N.S.)

As used in this Chapter, PERISHABLE FOOD means food or beverage products which support or are conducive to the rapid and progressive growth of pathogenic microorganisms. (“Perishable Food — Defined” added 4–13–1965 by O–9194 N.S.)

As used in this Chapter, FOOD includes all articles used for food, drink, liquor, confectionery, condiment, or chewing gum by man or household pets, whether such articles are simple, mixed, or compound. (“Food — Defined” added 4–13–1965 by O–9194)