Sonoma Municipal Code Ch. 8.02 General Provisions

This title is intended to protect, regulate and control animals existing within the city of Sonoma. (Ord. 05-2012 § 2, 2012).

This title is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity which is regulated by federal or state law to the extent that application of this title would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the city council that this title shall be interpreted to be compatible with federal, county, and state enactments, and in furtherance of the public purposes which those enactments express. Where an activity is a violation of this title and a federal or state enactment, the citation for such violation shall be deemed to be a citation under this title and that enactment, even if not expressly stated in the citation. Nothing in this title is intended to supersede any other provisions of this code. (Ord. 05-2012 § 2, 2012).

The city council may 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 and for the operation of the animal care and control activities. (Ord. 05-2012 § 2, 2012).

“Animal” means any nonhuman mammal, bird, reptile, amphibian or fish including, but not limited to, dog, cat, horse, goat, sheep and chicken and all animals defined in California Penal Code Section 597.

“Animal care and control” means the Sonoma animal shelter and/or the agency who is responsible for animal care and control.

“Animal care and control officer” means any person authorized by the chief of police to administer or enforce the provisions of this title and applicable state laws and regulations pertaining to animal care and control or rabies control.

“Animal hearing officer” means a person directed by the chief of police to conduct hearings under this title. The animal hearing officer shall not be a presently employed animal care and control officer and shall either volunteer his/her services or be retained for this purpose.

“Animal shelter” means the facility where animals impounded pursuant to this title or voluntarily surrendered by their owners are placed for humane care and keeping.

“Assistance animal” means any guide dog, signal dog, search and rescue dog or dog or other animal described by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 through 12213; 28 C.F.R. Section 36.104) which is 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.

“At large” or “run at large” means for an animal to be off-leash or otherwise free from restraint or confinement off the premises of its owner or custodian.

“Commercial kennel” means any lot or premises on which three or more dogs and/or three or more cats over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training.

“Cruelty” means the intentional or grossly negligent mistreatment of any animal by any act or omission whereby unjustifiable physical pain, suffering, or death is caused to or permitted upon such animal.

“Dangerous animal” means any animal which, because of its behavior, constitutes a danger to persons or property.

“Exotic animal” means any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation, or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

“Fowl” includes but is not limited to chickens, turkeys, ducks, geese, and other birds.

“Health officer” means the Sonoma County public health officer or his designee.

“Hobby kennel” means any lot or premises on which four or more, but not exceeding 10, dogs and/or four or more, but not exceeding 10, cats over four months of age 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 or cats used in conjunction with an agricultural operation on the lot or premises. No hobby kennel shall sell, display, offer for sale, barter or give away more than one litter of puppies and/or one litters of kittens in any calendar year.

“Household pets” shall mean any household pet customarily kept by humans for companionship including, but not limited to, dogs, cats, birds, hamsters, mice, and turtles.

“Impounded” shall mean for an animal to be taken into custody by animal care and control.

“Kennel” means any commercial kennel or hobby kennel or both, but excludes any kennel maintained and operated by a nonprofit animal shelter or animal rescue organization registered with and licensed by the city.

“Licensed premises” means any lot or premises on which a commercial kennel, hobby kennel, animal shelter or pet shop is maintained or proposed to be maintained by the person owning or occupying such lot or premises.

“Livestock” means any cattle, sheep, or goat, or any horse, mule or other equine, or any llama or other camelidae, or any domestic fowl or rabbit.

“Owner” means any person over 18 years of age owning, keeping, harboring or having custody of, or possession of, any animal. This definition shall not apply to a veterinarian or his/her employees in the regular practice of his/her profession as to any animal in his/her possession while being treated or cared for. This definition shall not apply to any operator of a kennel as to any animal that is being boarded in the regular practice of his/her business.

“Park” means any body of water, land, campsite, recreation area, building, structure, or other real property owned, managed, leased, controlled or operated by the city of Sonoma.

“Person” means and includes any individual, firm, association, organization, partnership, joint venture, business trust, corporation or company.

“Pet shop” means a place or premises where live animals are offered, kept or displayed for purposes of wholesale or retail sale as household pets, livestock or exotic animals.

“Police dog” means any dog under the control of a peace officer in the performance of, or training for, public service.

“Potentially dangerous dog” shall mean any dog, except a police dog actively assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

1. On two separate occasions engages in behavior, without provocation, within a 12-month period, which requires a defensive action by any person to prevent bodily injury and/or injury or damage to another animal at a location where such person is acting lawfully;

2. On two separate occasions engages in behavior, without provocation, within a 36-month period, which inflicts injury on another animal or livestock, occurring off the property of the owner of the attacking animal and which does not result in the death of the attacked animal;

3. On any one occasion engages in behavior, without provocation, that inflicts an injury that is less than a severe injury (as that term is defined by this section) on a person while such person is acting lawfully during such occasion.

Exempt from the definition of “potentially dangerous dog” is any dog in a situation in which it is shown that the person or domestic animal suffering injury or damage immediately preceding the injury or damage:

1. Provoked, tormented, teased, abused or assaulted the dog into the behavior alleged;

2. Committed a trespass or other tort upon the private property of the owner of the dog;

3. Committed or attempted to commit a crime; or

4. Threatened or committed an unjustified attack or assault against the owner or person in control of the dog.

“Premises” means any property owned or leased by any person.

“Secure enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious dog in conjunction with other measures which may be taken by the owner of the dog and/or the city pursuant to a potentially dangerous or vicious dog abatement order. The enclosure shall be designed to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t.

“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.

“Veterinarian” means any person licensed to practice veterinary medicine in California.

“Veterinary facility” means a clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on site.

“Vicious dog” shall mean any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

1. On a single occasion engages in behavior, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;

2. On a single occasion engages in behavior, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the serious or life-threatening injury or death of the other animal or livestock;

3. Any dog previously determined to be and currently listed as a potentially dangerous dog, as herein defined, which after its owner has been notified of such determination, continues any behavior defined as a dangerous dog behavior or is maintained in violation of the conditions of abatement.

Exempt from the definition of “vicious dog” is any dog in a situation in which it is shown that the person or domestic animal suffering injury or damage had, at the time of the injury or damage:

1. Provoked, tormented, teased, abused or assaulted the dog into the behavior alleged;

2. Committed a trespass or other tort upon the private property of the owner of the dog;

3. Committed or attempted to commit a crime; or

4. Threatened or committed an unjustified attack or assault against the owner or person in control of the dog. (Ord. 05-2012 § 2, 2012).