Chapter 7.10

GENERAL PROVISIONS AND DEFINITIONS

Parts:

• 1 Definitions 3 Enforcement Authority 5 Other Laws

Part 1

DEFINITIONS

Sections:

7.10.005 Definitions. 7.10.010 Abandon. 7.10.015 Administrator. 7.10.020 Animal. 7.10.025 Animal event. 7.10.030 Animal facility. 7.10.035 Animal menagerie. 7.10.040 Animal rescuer. 7.10.045 Animal services officer. 7.10.050 Animal shelter. 7.10.055 Attractant. 7.10.060 Bees. 7.10.065 Building. 7.10.070 Cat. 7.10.075 Collar. 7.10.080 Commercial kennel. 7.10.085 Dangerous animal. 7.10.090 Dangerous dog. 7.10.095 Dog. 7.10.100 Euthanasia. 7.10.105 Exhibition. 7.10.110 Feral cat. 7.10.115 Grooming. 7.10.120 Grooming business. 7.10.125 Guardian. 7.10.130 Health officer.

• 7.10.135 Hearing officer.

• 7.10.140 Hives. 7.10.145 Homing pigeon. 7.10.150 Horse establishment. 7.10.155 Livestock. 7.10.160 Owner. 7.10.165 Person. 7.10.167 Person with a right to control. 7.10.170 Pet shop. 7.10.175 Police dog. 7.10.180 Potentially dangerous dog. 7.10.185 Private kennel. 7.10.190 Quarantine. 7.10.195 Severe injury. 7.10.200 Service dog. 7.10.205 Small animals. 7.10.210 Vicious dog. 7.10.215 Wild animal. 7.10.220 Wild swarms of bees. 7.10.225 Wildlife rehabilitation facility. 7.10.230 Wildlife rehabilitator.

The definitions set forth in this part govern the application and interpretation of this Title. (Ord. 28079.)

"Abandon" means to fail to provide any animal proper and adequate food, water, shelter, or veterinary care for a period of more than fortyeight (48) hours. (Ord. 28079.)

"Administrator" means the person authorized by the city manager, by designation, delegation or contract, to administer and enforce the provisions of this title and applicable state laws pertaining to

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§ 7.10.015

the care, destruction, impoundment, licensing, and treatment of animals, or his or her authorized representative.

(Ord. 28079.)

"Animal" means any live vertebrate creature, domestic or wild, except fish. (Ord. 28079.)

"Animal event" means any temporary activity involving the display, use, or performance of a live animal primarily for the entertainment or enjoyment of the public. For the purpose of this definition, "temporary" means fourteen (14) or fewer consecutive days and no more than two (2) separate occasions of fourteen (14) or fewer consecutive days within a twelve-month period. An exhibition is not an animal event. (Ord. 28079.)

"Animal facility" means any pet shop, commercial kennel, private kennel, pet grooming business, animal menagerie, animal shelter, or horse establishment.

(Ord. 28079.)

"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. (Ord. 28079.)

"Animal rescuer" means any person that provides temporary housing and care for domestic animals with the purpose of placing those animals with a new and permanent owner/guardian and that provides evidence satisfactory to the administrator of a history of active placement or an affiliation with a recognized organization with a history of active placement. (Ord. 28079.)

"Animal services officer" means any person authorized by the administrator to enforce the provisions of this title and applicable state laws pertaining to the care, destruction, impoundment, licensing, and treatment of animals. (Ord. 28079.)

"Animal shelter" means a facility operated by a public entity 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.

(Ord. 28079.)

"Attractant" means any substance which could reasonably be expected to attract a wild animal or does attract a wild animal, including, but not limited to, garbage, food products, pet food, feed, grain, or salt.

(Ord. 28079.)

"Bees" mean honey-producing insects of the species Apis Mellifera, including the adults, eggs, larvae, pupae, or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.

(Ord. 28079.)

"Building" means a fully enclosed permanent structure that is constructed with permits and conforms to standards of the Building, Electrical, Fire, Mechanical, Plumbing, and Zoning Codes. (Ord. 28079.)

"Cat" means any domestic cat (Felis Catus). An adult cat is over four (4) months of age. (Ord. 28079.)

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§ 7.10.120

"Collar" means a well fitted device, worn around the neck, appropriate to the age and size of the animal.

(Ord. 28079.)

"Commercial kennel" means any person who (1) maintains more than the maximum number of cats and dogs allowed under Section 7.40.020 and such animals are maintained for commercial breeding to sell, individually or in litter lots; (2) allows the parturition or rearing of more than two (2) litters from all dogs and cats on the premises in any twelve (12) consecutive months; or (3) boards, trains, or hires dogs and/or cats for compensation. Animal hospitals with a valid veterinary premise permit maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels are not commercial kennels.

(Ord. 28079.)

"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. (Ord. 28079.)

"Dangerous dog" means any dog other than a police dog that has committed or meets any one (1) of the following:

• A. Killed or caused the death of another domestic animal.

• B. Bitten a person which resulted in an injury that is less than a severe injury.

• C. Threatened the safety of a person or animal and caused an injury to the person that is less than a severe injury.

• D. Been declared a dangerous or vicious dog in another jurisdiction.

• E. Been determined to be, and is currently designated as a potentially dangerous dog

which, after its owner/guardian or person with a right to control the dog has been notified of this determination:

1. Commits any of the behavior described in Section 7.10.180; or

2. Is maintained in violation of Section 7.30.910.

(Ord. 28079.)

"Dog" means any domestic dog (Canis Familiaris). An adult dog is over four (4) months of age.

(Ord. 28079.)

"Euthanasia" means the humane destruction of an animal by a method involving instantaneous loss of consciousness and immediate death or painless loss of consciousness and death during the loss of consciousness.

(Ord. 28079.)

"Exhibition" means any organized animal conformation or agility type competition registered or chaptered with a nationally recognized organization.

(Ord. 28079.)

"Feral cat" means any homeless stray, wild, or untamed cat.

(Ord. 28079.)

"Grooming" means to clean, trim, brush, manicure, or remove foreign object(s) from an animal's skin or fur.

(Ord. 28079.)

"Grooming business" means any commercial place including mobile facilities that provide grooming services for animals. This will also apply to

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businesses or person(s) that provide grooming services inside a home and charge a fee for the service. (Ords. 28079, 30850.)

(sheep type), porcine (swine type), corvine (deer like), caprine (goat type), and ratite (ostrich type) animals.

(Ord. 28079.)

"Guardian" as used in this title means an owner of an animal with the same duties and obligations under this title as an owner. (Ord. 28079.)

"Owner" means any person who has title to or a legal interest in, or acknowledges title to or a legal interest in an animal.

(Ord. 28079.)

"Health officer" means the head of the Santa Clara County Public Health Department. (Ord. 28079.)

"Hearing officer" means the person described in Section 1.15.080 of Title 1 of the San José Municipal Code, as may be amended. (Ord. 28079.)

"Hives" mean any receptacle or container made or prepared by a natural person for the intended use of bees or storage of honey or brood, or box or similar container of which bees have taken possession.

(Ord. 28079.)

"Homing pigeon" means a bird of the family Columbidae maintained and housed in a pigeon enclosure or structure and identified by a leg band. (Ord. 28079.)

"Horse establishment" means any location where three (3) or more horses, donkeys, mules, jack, hinnies, jennies, burros, or ponies are maintained for hire to be ridden or driven; giving riding instruction; or boarding with compensation. (Ord. 28079.)

"Livestock" means all domestic or domesticated bovine (cattle type), equine (horse type), ovine

"Person" means any natural person, business entity, establishment, firm, association, organization, partnership, trust, corporation, committee, company, or any other organization or group of persons acting in concert.

(Ord. 28079.)

"Person with a right to control" means any natural person who harbors or has control, custody, or possession of an animal. (Ord. 28079.)

"Pet shop" means a business establishment whose activities are conducted wholly inside a building where animals are displayed for sale, offered for sale, exchanged, given away, bartered, or hired. (Ord. 28079.)

"Police dog" means any dog that is officially used by a peace officer in the course of law enforcement duties.

(Ord. 28079.)

"Potentially dangerous dog" means any dog other than a police dog that has committed any of the following acts:

• A. Threatened the safety of persons, on at least two (2) occasions, which required the threatened persons to take defensive action.

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§ 7.10.220

• B. Injured a domestic animal to the extent that the domestic animal required veterinary care.

• (Ord. 28079.)

"Small animals" means rabbits, chickens, turkeys, geese, ducks, doves, pigeons, game birds, or other fowl.

(Ord. 28079.)

"Private kennel" means any person who (1) maintains within or adjoining a private residence more than the maximum number of cats and dogs allowed under Section 7.40.020 and such animals are maintained for 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; or (2) allows the parturition or rearing of two (2) litters from all dogs and cats on the premises in any twelve (12) consecutive months. (Ord. 28079.)

"Quarantine" means isolation of an animal in a place and manner approved by the Administrator. (Ord. 28079.)

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

(Ord. 28079.)

"Service dog" means any guide dog, signal dog, search and rescue dog, or dog otherwise specially trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, alerting individuals with impaired hearing to intruders or sounds, guiding individuals with impaired sight to obstacles, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. (Ord. 28079.)

"Vicious dog" means any dog other than a police dog that has committed or meets any one of the following:

• A. Been seized under Penal Code Section 599a, as may be amended, where either the dog owner/guardian or person with a right to control the dog has been convicted under Penal Code Section 597.5(a), as may be amended.

• B. Caused a severe injury to or killed a human being.

• C. Been previously determined to be, and currently designated as a dangerous dog which, after the dog owner/guardian or person with a right to control the dog has been notified of this determination:

  1. Commits any of the behavior described in Section 7.10.090; or

  2. Is maintained in violation of Section 7.30.920.

(Ord. 28079.)

"Wild animal" means coyotes, opossums, skunks, fur bearing mammals as defined by Fish and Game Code Section 4000, as may be amended, and game mammals as defined by Fish and Game Code Section 3950, as may be amended. (Ord. 28079.)

"Wild swarms of bees" mean any colony of bees which becomes established upon a lot or parcel, outside of a hive, or in anything other than a hive.

(Ord. 28079.)

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§ 7.10.225

"Wildlife rehabilitation facility" means a site where activities are undertaken to restore to a condition of good health, for the purpose of release to the wild, animals occurring naturally and not normally domesticated in this state, and with a valid permit or license from the State Department of Fish and Game.

(Ord. 28079.)

"Wildlife rehabilitator" means any person acting on behalf of a wildlife rehabilitation facility. (Ord. 28079.)

Part 3

• C. An animal services officer is authorized, during the course and within the scope of his or her employment, to arrest any person who violates this title or state law pursuant to Penal Code Section 830.9, as may be amended.

• (Ord. 28079.)

The administrator and any employee of the city authorized to enforce the provisions of this title may enter upon and inspect any premises, where any animal is kept or harbored, to the extent permitted and in the manner provided by law, when such entry is reasonably necessary to enforce the provisions of this title. (Ord. 28079.)

Part 5

ENFORCEMENT AUTHORITY

OTHER LAWS

Sections:

Sections:

• A. The administrator and an animal services officer are authorized to:

  1. Enforce the provisions of this title and state laws relating to the care, treatment, impoundment, and destruction of animals.

  2. Arrest any person who violates any provision of this Title deemed a misdemeanor pursuant to Penal Code Section 836.5, as may be amended.

  3. Issue citations pursuant to Corporations Code Section 14503, as may be amended.

  4. Act as a public officer pursuant to Section 7 of the Food and Agricultural Code, as may be amended.

• B. The administrator is authorized to establish rules and regulations in conformity with and for the purpose of carrying out the intent of this title.

Nothing in this title is intended to supersede the provisions of the City of San José zoning code or other applicable codes, federal or state statutes, and county ordinances. (Ord. 28079.)