Shafter Municipal Code Ch. 6.08 Definitions

For the purposes of this title, the following words and phrases will be construed to have the meanings set forth in this chapter unless it is apparent from the context that different meaning is intended.

"Abandon" means and includes leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

"Administration" means the city of Shafter shall supervise the administration and enforcement of the provisions of this title and of the laws of the state pertaining to the control of animals, and shall have charge of shelter employees and facilities.

"Animal at large" means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at large.

"Animal control officer" means any person designated by the state of California and/or a municipal government, as a law enforcement officer who is qualified to perform such duties under the laws of this state. Certification from the California State Humane Academy and a P.O.S.T. certified PC 832 course is required within six months of hire.

"Animal shelter" means any facility operated by a humane society, municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this title or state laws for the care, confinement, redemption, adoption or euthanasia.

"Animals" means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl, or wild animals, reptiles, fish or birds that have been tamed and domesticated or captivated.

"Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.

"Bite" means any actual or suspected abrasion, scratch, puncture, tear, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

"Cat" means any member of the species felis catus, regardless of sex.

"Circus" means a commercial variety show featuring animal acts for the public entertainment.

"Commercial animal establishment" means any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, boarding, or breeding kennel.

"Cruelty" means and includes every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused or permitted.

"Dog" means and includes male, neutered male, female, spayed female of any age.

"Dog tags" means and includes the metallic tags issued at the time of licensing of any dog at the time of vaccination of any dog.

"Enclosed vehicle" means a vehicle with structure on top and all sides. An enclosed vehicle with open windows or doors shall be deemed enclosed for purposes of this title.

"Fowl" means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

"Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

"Guard dog" means any dog trained to guard, protect, patrol, or defend any premises, area, or yard, or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhund-trained dog or any similar classification.

"Harbor" means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premise where he or she resides or controls. Ownership will be justified and perceived after a consecutive seven-day period of time.

"Humane live animal trap" means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

"Humanely euthanize" means to properly inject a substance that quickly and painlessly terminates the life of an animal or other method approved by the American Veterinary Medical Association. A certificate for the completion of a state-mandated euthanasia course is required for any personnel performing euthanasia.

"Immediate control" means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

"Impounded" means an animal having been received into the custody of the animal control officer, police officer, other authorized personnel or designated personnel.

"Kennel" or "cattery" means any premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

"Livestock" means and includes, but is not limited to cattle, horses, goats, sheep, or other animals commonly regarded or used as farm or ranch animals.

"Owner" means any person keeping or harboring, or having custody or control over any dog or cat for thirty consecutive days, except a veterinarian duly licensed and practicing as such and having in his or her possession or control animals for the purpose of treatment or care.

"Potentially dangerous dog" means any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior three-year period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in this chapter.

3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

"Public nuisance animal" means any animal(s) that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" means and includes, but not limited to, any animal that:

1. Is repeatedly found at large.

2. Damages the property of anyone other than its owner.

3. Molests or intimidates pedestrians or passersby.

4. Chases vehicles.

5. Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

6. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained.

9. Attacks other domestic animals off of its own property.

10. Has been found by the animal control officer, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, safety, or welfare.

"Quarantine" means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or enclosure, of all animals specified in the order of the animal control officer, police officer, or other authorized personnel.

"Restraint" means any animal secured by a leash or led under the control of a responsible person and obedient to that person's commands.

"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.

"Vicious dog" means the following:

1. Any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in this chapter.

4. Any dog which has been evaluated and deemed vicious by articulable facts obtained and reviewed by the animal control manager.

"Wild animal" means any living member of the animal kingdom, including those born or raised in captivity except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild and captive bred species of common cage bird.

(Ord. 606 § 1 (part), 2007)