Windsor Municipal Code Art. 1 General Provisions

* Editor's Note: Unless otherwise specified in the source history, this chapter was adopted by Ord. No. 92-22 § 2.

This chapter shall be known and may be cited as the "Town of Windsor Animal Regulations."

(Ord. No. 92-22 § 2 (part))

This chapter is intended to regulate, control, and protect animals existing within the Town. Because of the importance of agricultural production in and to the Town, the provisions of this chapter shall be construed and given effect in a manner that is consistent with and in furtherance of conserving, protecting, enhancing, and encouraging agricultural operations within the Town.

(Ord. No. 92-22 § 2 (part))

This chapter 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 chapter would conflict with such law or would unduly interfere with the achievement of Federal or State regulatory purposes. It is the intention of the Council that this chapter 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 chapter and a Federal or State enactment, the citation for such violation shall be deemed to be a citation under this chapter and that enactment, even if not expressly stated in the citation. Nothing in this chapter is intended to supersede any other provisions of this Code.

(Ord. No. 92-22 § 2 (part))

The Council may by resolution establish a schedule of fees and charges for services performed and licenses issued under this chapter. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses.

(Ord. No. 92-22 § 2 (part))

As used in this chapter:

Agricultural operation shall mean and include the cultivation and tillage of the soil, dairying, the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, timber or agriculture, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial practices performed as incident to or in conjunction with such operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

Animal shall mean and include any mammal, reptile, avian or fish.

Animal Control Officer shall mean a person or persons duly appointed by the Town Manager to carry out the provisions of this chapter, and shall include any designee of the Animal Control Officer.

Animal Shelter shall mean the shelter where animals impounded pursuant to this chapter or voluntarily surrendered by their owners are placed for humane care and keeping.

Approved rabies vaccine shall mean an animal rabies vaccine approved for use by the State Department of Health.

Assistance dog shall mean and include any guide dog, signal dog, service dog or social dog.

At large or run at large shall mean for an animal to be free from restraint, confinement, or other form of control.

Business premises shall mean any lot or premises on which a protection dog is maintained or proposed to be maintained by the business owning or occupying such lot or premises.

Cat shall mean and include any domestic cat. (Felis Catus)

Commercial kennel shall mean any lot or premises on which five (5) or more dogs and/or five (5) or more cats over four (4) 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. Commercial kennel shall not include a veterinary facility, pet shop, humane society shelter, or animal shelter.

Consent shall mean written consent unless otherwise expressly provided.

Dangerous Animal shall mean any animal which, because of its disposition, behavior, or other characteristic, constitutes a danger to persons or property.

Dog shall mean and includes any domestic dog (Canis familiaris).

Domestic animal shall mean and include any animal, other than a wild or exotic animal, customarily confined or cultivated by man for domestic or commercial purposes.

Exotic animal shall mean and include 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.

Firearms shall mean and include capture guns, blowguns, carbon dioxide-operated rifles and pistols, air guns, rifles and shotguns. Firearms shall not include handguns.

Guide dog shall mean any guide dog or seeing eye dog which has been trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of the Business and Professions Code.

Health officer shall mean the Public Health Officer or his/her designee.

Hobby kennel shall mean any lot or premises on which five (5) or more, but not exceeding ten (10), dogs and/or five (5) or more, but not exceeding ten (10), cats over four (4) 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 be located on any lot or premises less than one (1) acre in size. No hobby kennel shall sell, display, offer for sale, barter or give away more than four (4) litters of puppies and/or four (4) litters of kittens in any calendar year.

Impounded shall mean for an animal to be taken into custody by the division.

Kennel shall mean and include any commercial kennel or hobby kennel or both.

Lawful fence shall mean any fence which is good, strong, substantial and sufficient to prevent ingress and egress of livestock. No wire fence shall be deemed to be a lawful fence unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one (1) rod apart, one (1) of which wires shall be at least four (4′) feet above the surface of the ground. Any kind of wire or other fence of height, strength or capacity equal to or greater than the wire fence herein described shall be deemed to be a lawful fence. Lawful fence shall include cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock.

Licensed premises shall mean any lot or premises on which a commercial kennel, hobby kennel or pet shop is maintained or proposed to be maintained by the person owning or occupying such lot or premises.

Livestock shall mean and include any cattle, sheep, swine or goat, or any horse, mule or other equine, or any llama or other camelidae, or any domestic fowl or rabbit.

Lot shall mean any legally defined parcel or continuous group of parcels in single ownership or under single control, usually considered a unit for purposes of development.

Owner of an animal shall mean any person who owns, has charge, care, custody or control of, or has a right to control, an animal, except a veterinarian who is treating or caring for an animal in the regular practice of veterinary medicine.

Person shall mean and include any individual, firm association, organization, partnership, joint venture, business trust, corporation or company.

Pet animals shall mean dogs, cats, monkeys and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal sold or retained for the purpose of being kept as a household pet.

Pet shop shall mean every place or premises where pet animals are kept for the purpose of either wholesale or retail sale. Pet shop shall not include any place or premises where pet animals are occasionally sold.

Pit bull means any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.

Potentially dangerous dog shall mean any of the following:

1. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month 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 of the dog;

2. Any dog which, when unprovoked, bites a person causing an injury that is less than a severe injury;

3. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner of the dog.

Premises shall mean any property owned, leased or rented by any person.

Protection dog shall mean any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained to protect, defend or guard any person or property, with or without the necessity of direct human supervision.

Protection dog operator shall mean any person who, for any consideration whatsoever, engages in business to furnish, or agrees to furnish, or to train a protection dog for others.

Secure enclosure shall mean 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. The enclosure shall be designed to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t.

Service dog shall mean any dog individually trained to do work or perform tasks to meet the requirements of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

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

Signal dog shall mean any dog trained to alert a deaf or hearing impaired person to intruders or sounds.

Social dog shall mean any dog trained to provide pet-facilitated therapy to autistic and developmentally disabled children and affection to disabled persons who are institutionalized.

Substantial leash shall mean any substantial chain, cord, rope, strap, or other restraint which is held or otherwise controlled by a person capable of controlling and actually controlling the animals to which such restraint is attached.

Veterinarian shall mean any person licensed to practice veterinary medicine in California.

Veterinary facility shall mean 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 of the following:

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

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 has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog," or is maintained in violation of Section 3-4-1025 or 3-4-1120.

Wild animal shall mean and include any animal identified in Fish and Game Code Section 2116.

(Ord. No. 92-22 § 2 (part); Ord. No. 98-107 § 1; Ord. No. 2006-206 § 1; Ord. No. 2007-213 §§ 1, 2)