Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.010 Definitions.
Whenever in this title the following terms are used, they shall have the meanings respectively ascribed to them in this section.
“Altered,” for a female, means having had the ovaries and uterus surgically removed; for a male means having had the testicles surgically removed.
“Animal” means every non-human species of animal, both domestic and wild,
“Animal control officer” is any person employed by the city whose primary duty is the enforcement of laws of the state and city pertaining to animals and whose authority is vested under California Penal Code Sections 830.9 and 836.5 and Section 6.36.010 of this title. For the purpose of this title, “ACO” means animal control officer.
“Animal shelter” means any facility operated by a Humane Society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this ordinance or state law for care, confinement, return to owner, adoption or euthanasia.
“At large” refers to an animal off the premises of its owner and not under restraint by leash or chain, or otherwise controlled by a competent person.
“Auction” means any place where animals are bought, sold or traded.
“Aviary” means any cage or enclosure where birds are kept or maintained for breeding, display, exhibition, amusement and/or for commercial use.
“Boarding stable” means any place where privately owned horses or ponies are provided room and board for commercial purpose.
“Cat” means domesticated members of the species felis catus; it excludes other members of the family felidae.
“Chief of police” means the chief law enforcement officer of the city.
“Circus” means a commercial variety show which may feature animal acts for public entertainment. “City” means the city of San Jacinto. “County” means the county of Riverside. “Curb” means to so restrain or control an animal so that it urinates or defecates only in street gutters. “Dangerous animal” means any animal which has bitten or attacked a person or other animal without provocation or which has a propensity to attack or bite any person or animal without provocation, or any animal of a species or type likely to cause injury to a person.
“Dog” means domesticated members of the species canis familiaris; it excludes other members of the family canidae.
“Dog show” or “cat show” means any place where a collection of different or all other breed of dogs or cats ant being exhibited and judged.
“Fowl” includes male and female chicken, duck, goose, peacock, turkey and pheasant.
“Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
“Guard (sentry) dog” means any dog utilized on a commercial basis to guard any property including guarding against fire or theft or both.
“Impounded animal” means any animal taken into custody by the ACO or police officer,
“Kennel” means any property where three or more dogs, or three or more cats, over the age of four months, are kept or maintained. The term “kennel” shall not include any animal shelter operated by a Humane Society, a municipal agency, or its authorized agents, or a veterinary hospital operated by a veterinarian licensed by the state.
“Kennel operator” means any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control of the operation of a kennel.
“Leash” means any rope, leather strap, chain or other material not exceeding six feet in length, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.
“License tag” means any indicia of durable material inscribed with certain required information, which has been issued by the city or county.
“Licensed dog” means a dog wearing its current city or county (in case of newly annexed territory) license as required by this title.
“Livery stable” means any place where horses and carriages are kept for hire.
“Livestock” means any bovine, horse, mule, burro, sheep, goat or swine.
“Motion picture,” “television” and “theatrical” means any place where one or more animals are used in any motion picture, television or theatrical performance or production, whether for entertainment, instruction or advertising.
“Owner” means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license application or other legal document or by a person claiming ownership and taking possession of an animal, or one who has control and custody of any animal for fifteen (15) consecutive days, except an animal shelter or a veterinarian licensed by the state who has in his possession any animal for the purpose of treatment.
“Performing animal exhibition” means any spectacle, display, act or event, other than circuses, in which performing animals are used.
“Pet” or “companion animal” means any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and sheltering.
“Pet license/rabies certificate” means a properly completed certificate issued by the city which indicates:
1. License tag number;
2. Type, lot number, and manufacturer of the rabies vaccine;
3. The name of the veterinarian who vaccinated the pet;
4. Date and expiration of the vaccination;
5. Date of issue and expiration of the pet license;
6. The cost of the license;
7. The pet’s name and description, including breed, color, sex and age;
8. The pet owner’s name, address and telephone number.
“Pet shop” means any premises primarily used for the sale of household pets and which exists within proper zoning.
“Police officer” means any person employed by the city whose primary duty is enforcement of laws of the state and city and whose authority is vested under Part 2, Title 3, Chapter 4.5 of the California Penal Code.
“Pony ride” means any place where shetland and other small breeds of ponies are rented out by the ride.
“Public nuisance” means any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The tern “public nuisance animal” shall mean and include, but is not limited to, any animal that:
1. Is repeatedly found at large;
2. Damages the property of anyone other than its owner;
3. 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 a neighbor or others in close proximity where the animal is kept or harbored;
6. Attacks other domestic animals; or
7. Has been found by the chief of police or his or her designee, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety.
“Quarantine” means the isolation of any animal in a substantial enclosure so that such animal cannot be subject to contact with other animals or unauthorized persons.
“Restraint” means secured by a leash or lead under the control of a responsible person and obedient to that person’s commands or within the real property limits of its owner by means of a fence, wall or chain.
“Riding school” or “stable” means any place that has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
“Rodeo” means a contest, exhibition or competition of the skill of contestants or entrants in horsemanship, and where lassoing is usually performed involving cattle, horses, bulls, goats and wild cows for public entertainment.
“Stray” means an animal which is at large. “Vaccination” means the inoculation of an animal with a rabies vaccine approved by the State Department of Health Services for use in California. “Veterinary hospital” means any establishment maintained and operated by a state licensed veterinarian for surgery, diagnosis and treatment of disease or injuries of animals.
“Vicious animal” means any animal which bites or attempts to bite any human or animal without provocation, or which has a disposition or propensity to attack, bite or menace any human or animal without provocation and endangers the health and safety of any person.
Any animal who bites or attempts to bite a person or animal that is unlawfully on its owner’s property, or which has been teased or provoked, or which is otherwise performing its duties as a police dog, shall not be deemed a vicious animal.
“Wild animal” means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate, wolf, cougar, ocelot, wild cat, skunk, raccoon, opossum, ferret, venomous reptile, boa, python, anaconda, member of the order crocadilia, or other such animal (farce naturae) irrespective of its actual or asserted state of docility, tameness or domesticity.
“Zones” means divisions of the city that classify, regulate, restrict, and segregate the uses of lands and buildings in designated areas.
“Zoos” means any place where a collection of wild animals or wild and domesticated animals are kept or maintained for exhibition or for view by the public.
In addition to the definitions set forth in this section, all definitions of words and phases set forth in the California Humane Laws Handbook are incorporated in this title as though set forth in full herein. (Ord. 1060 § 1 (part), 1999: prior code § 6.04.010)
6.04.020 Fees.
A. Fees shall be charged and collected by the city for pet licensing, animal control services, and enforcement. Such fees shall be established by the city council by resolution.
B. A list of currently approved fees shall be filed with the city clerk and shall be available for public inspection. (Ord. 1060 § 1 (part), 1999: prior code § 6.04.020)