§ 8-2. Definitions.  


Latest version.
  • When used in this Chapter, the words defined in this Chapter shall have the meanings prescribed in this Chapter.

    8-3 Animal. "Animal" means any members of the kingdom Animalia exclusive of homo sapiens.

    8-4 Animal Care and Regulation. "Animal Control," "Animal Control Division," "Department of Animal Control" or "Department of Animal Care and Regulation" means the Division of Animal Services which is established as the regulatory agency for rabies and control of animals in the City.

    8-5 Animal Control Center or Animal Shelter. "Animal Control Center" or "Animal Shelter" means the facilities provided by the City, or designated by the City, for the impoundment, relinquishment, quarantine, and adoption or sale of animals.

    8-6 Animal Facility. "Animal facility" means any establishment operated pursuant to a General Business License for profit, exclusive of a licensed veterinary medical facility, in or at which five or more dogs four months of age or older or five or more cats six months of age or older are kept, harbored, or maintained.

    8-7 Animal Services Officer. "Animal Services Officer" means the Animal Services Officer or any other person authorized to enforce provisions of this Chapter.

    8-8 At Large. "At large" means an animal off the premises of its owner and either: (a) not under the control and in the immediate presence of the owner, or if a dog or a cat, not under physical restraint.

    8-9 Cattery. "Cattery" means any enclosure, premises, building, structure, lot or area in or on which five (5) or more cats of at least six (6) months of age are kept, harbored, or maintained.

    8-10 Commercial Establishment. "Commercial Establishment" means a place where commodities are exchanged, bought or sold, including but not limited to pet stores or other commercial businesses selling animals.

    8-11 Director. "Director," "Director of Animal Care and Regulation," or "Chief of Animal Care and Regulation" or "Chief of Animal Services" means the General Services Director and his or her duly authorized deputies.

    8-12 Domestic Animal. "Domestic animal" means dogs and cats, except as limited in Section 8-31 herein, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in the City of Citrus Heights as farm or livestock animals.

    8-13 Feral Animal. Except as modified by section 8-14, "feral animal" means any domestic animal which is known to live in a wild or semi-wild state without benefit of an owner or any domestic animal which has escaped for a substantial period of time from the care of its owner and is existing in a wild state without benefit of domestication.

    8-14 Feral Cat. "Feral cat" means a cat which is known to live in a wild or semi-wild state without benefit of an owner or a cat which has escaped for a substantial period of time from the care of its owner and is existing in a wild state without benefit of domestication.

    8-15 Harbor. Harbor means the feeding, caring for, and/or sheltering of an animal for three or more consecutive days.

    8-16 Health Department. "Health Department" means the Health Department of the County of Sacramento.

    8-17 Health Officer. "Health Officer" means the Director of the Health Department of the County of Sacramento or other person duly authorized by the Director of the Health Department or designated by the City Manager or City Council to act as the Health Officer.

    8-18 Hearing. For the purposes of this Chapter, "hearing" means the process prescribed in Chapter 8 Article IX herein for the redress of issues relating to or arising from the enforcement of this Chapter including, but not limited to, dangerous and vicious animals, animal nuisances, permits, or such other administrative matters as pertain to the application of this Chapter.

    8-19 Hearing Officer. "Hearing Officer" means the person appointed by the Chief of Animal Services to preside at and render judgments from hearings transacted under the authority of this Chapter. The person may be an employee of the City who is not assigned to Animal Services or otherwise subordinate to the Chief of Animal Services thereof, or a person who is not an employee but is retained to provide such services. Any such Hearing Officer shall be qualified by training or experience or shall be an attorney or an administrative law judge.

    8-20 Impoundment. "Impoundment" means the taking up and confining of an animal by the Chief of Animal Services in accordance with the provisions of this Chapter or other applicable law or regulation.

    8-21 Kennel. "Kennel" means any enclosure, premises, building, structure, lot or area in or on which five or more dogs of at least four months of age are kept, harbored or maintained.

    8-22 Owner. "Owner" means the primary or responsible person who: (1) possesses, has title to, an interest in, harbors, controls or has custody of an animal; and (2) feeds or otherwise provides care or sustenance to the animal for 30 consecutive days or more on property located within the incorporated territory of the City, except a veterinarian or an operator of a kennel or pet shop engaged in the regular practice of this business as such. All persons over the age of 18 years residing at the same property address shall be presumed to be the owner of any animal owned, possessed, harbored, or controlled on the property.

    8-23 Person. "Person" means fictional entities such as corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings or responsible members of a familial household.

    8-24 Vaccination. "Vaccination" means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the State of California Department of Health Services.

    8-25 Veterinarian. "Veterinarian" means a person licensed by the State of California to practice veterinary medicine.

    8-26 Veterinary Facilities. "Veterinary facilities" means all premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced.

    8-27 Vicious Animal. "Vicious animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:

    1.

    Without provocation inflicted severe injury on or killed a human being.

    2.

    In an unprovoked manner killed another domestic animal, as defined in section 8-12 of this Chapter, at a place other than upon the private property where the attacking animal is maintained.

    3.

    Physically attacked, mauled, or physically injured by biting any person, without provocation, at a place other than upon the private property where the attacking animal is maintained.

    4.

    Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person.

    5.

    Physically attacked, mauled or physically injured by biting any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf, without provocation, at a place other than upon the private property where the attacking animal is maintained.

    6.

    Physically attacked, mauled or physically injured by biting any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf, without provocation, when the owner of the attacking animal knows or should know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul or physically injure any guide dog for the blind, service dog for the disabled or signal (hearing) dog for the deaf.

    7.

    Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 8-28.

    For purposes of this section, provocation does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring by biting another person or animal.

    8-28 Dangerous Animals. "Dangerous Animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which, when unprovoked, on two separate occasions within the prior 12-month period, has killed, severely bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the private property of the owner or keeper of the offending animal. For purposes of this section, at least one of the occasions must have caused severe injury, as defined in Section 8-30. Nothing in this section shall prevent an animal which commits an offense described in section 8-27 from being determined vicious.

    8-29 Vicious Behavior. "Vicious behavior" means any acts committed by an animal as defined in Section 8-27.

    8-30 Severe Injury. "Severe Injury" means any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

    8-31 Wild Animal. "Wild animal" means any of the following:

    1.

    Any animal described in Sections 2116 and 2118 of the California Fish and Game Code;

    2.

    Any animal described in addition to Section 2118 of the California Fish and Game Code, by regulation of the Fish and Game Commission as provided in Section 2118 (j and k);

    3.

    The following members of the Class Reptilia:

    a.

    Order Ophidia (such as, but not limited to, racers, boas, water snakes and pythons) over eight feet in length;

    b.

    Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over three feet in length; and

    c.

    Order Sauria (excepting iguanas) over three feet in length.

    4.

    The following members of the Class Aves:

    a.

    Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit); and

    b.

    Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries, emus).

    5.

    The following members of the Class Mammalia:

    a.

    Order Carnivora, expressly excepting the domestic dog (canis familiaris) and the domestic cat (felis catus), including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), and the family canidae (such as wolves, dingos, coyotes and jackals);

    b.

    Order Marsupialia (such as kangaroos and opossums);

    c.

    Order Chiroptera (bats);

    d.

    Order Edentata (such as sloths, anteaters and armadillos);

    e.

    Order Proboscidea (elephants);

    f.

    Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas); and

    g.

    Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" in Section 8-12), including, but not limited to, antelope, deer and bison.

    6.

    Any nondomestic species when kept; maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings.

    7.

    Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.

    8.

    Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State of California.

    8-32 Working Ranch Dog. "Working ranch dog" means a dog that has been trained and is used to herd and or guard livestock and the dog owner resides on or is the owner of property designated in the Citrus Heights Zoning Code for agricultural use.

(Ord. No. 2012-002, § 1, 2-9-2012)