San Jose Municipal Code Part 1 Definitions

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 forty-eight (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 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.)

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

(Ords. 28079, 30850.)

"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.)

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

(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.)

"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.

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

(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.)

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

(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.)

"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.)