9.44.020 Definitions.

             For purposes of this chapter, unless provisions or the context indicate otherwise, the following terms and words have the following meanings:

             “Administrative hearing examiner” means the same as the hearing examiner provided for in Section 8.04.070.

             “Aggressive behavior” means any action by an animal that places a person in reasonable apprehension of immediate bodily harm.

             “Animal” means any domestic animal and any animal commonly kept and maintained by the public as a household pet. The term animal includes chickens, turkeys, geese, ducks, doves, pigeons, guinea fowl and all other poultry.

             “Animal care” means the city agency responsible for enforcing animal related laws, including provisions of Chapter 9.44.

             “Animal care services manager” or “manager” means the person appointed by the city manager pursuant to Article II of this chapter to enforce the provisions of this chapter.

             “Animal care services shelter” means the facilities provided by the city for the impounding of animals.

             At Large. An animal is “at large” in the following situations:

             1.               When it is off the premises of its owner, and not under restraint by leash, tether or adequate enclosure.

             2.               When it is on the premises of its owner and not restrained by leash, tether, fence or adequate enclosure, or not under the control and in the immediate presence of the owner.

             3.               The leash or tether required under subsections 1 and 2 of this definition shall not exceed eight feet in length and shall be of sufficient strength to restrain the animal should it try to run from the owner or keeper.

             4.               The following exceptions shall apply to the provisions of subsections 1, 2 and 3 of this definition:

             a.               A dog shall not be considered to be at large if it is enrolled in and actually participating in a dog training or obedience class, exhibition or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds or facility.

             b.               A dog shall not be considered at large if it is assisting a peace officer who is engaged in law enforcement duties.

             c.                A dog or swine shall not be considered at large if the dog or swine is unleashed but has not strayed from and is upon private property of the owner or keeper.

             “Commercial animal exhibition” means the use or display of animals for public entertainment or amusement and includes but is not limited to circuses, rodeos, carnivals and traveling shows. “Commercial animal exhibition” does not include the use or display of animals for educational purposes.

             “Commercial establishment” means a place where commodities are exchanged, bought or sold. This shall include, but not be limited to, pet stores or other commercial businesses selling animals.

             “Complainant” means any person who files a report, written or verbal, with the animal care services manager regarding an incident or circumstance that results in, or is related to, the initiation of the process by which an animal may be declared potentially dangerous or dangerous.

             “Cruel and inhumane” means every act, omission or act of negligence whereby unjustifiable pain, suffering or death is caused or permitted or attempted to be caused or permitted against animals.

             “Domestic animal” means any of the various animals domesticated by man so as to live and breed in a tame condition, including horses, cows, sheep and goats.

             “Health department” means the health department of the county of Sacramento.

             “Health officer” means the health officer of the county of Sacramento and any health department employee or other person duly authorized by the health officer to act on his or her behalf.

             “Minor injury” means any injury that is less severe than a “substantial injury” as defined by this chapter.

             “Notice of declaration” means a notice of declaration of a dangerous or potentially dangerous animal.

             “Owner” means any person, firm, partnership, corporation, association, trust or organization of any kind, owning, having an interest in, harboring, or having control, custody, or possession of an animal.

             “Substantial injury” means an impairment of the physical condition of a person, or animal belonging to another person, which requires professional medical treatment, or professional veterinarian treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, muscle tears, disfiguring lacerations, or a wound treated with one or more sutures, or any injury requiring corrective or cosmetic surgery.

             “Vaccination” means the inoculation of an animal with an antirabies vaccine approved by and in the manner prescribed by the State Department of Public Health.

             “Veterinarian” means a person licensed by the state of California to practice veterinary medicine.

             “Veterinary facilities” means all premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced.

             “Victim” means any person who has been subjected to aggressive behavior or injury caused by an animal, or the owner of an animal that suffered injury caused by another animal.

             “Wild animal” means any of the following

             1.               Following members of the Class Reptilia:

             Order Ophida (such as, but not limited to, racers, boas, water snakes and pythons) over eight feet in length, and Order Loricata (such as, but not limited to, alligators, caymans, and crocodiles) over four feet in length.

             2.               Following members of the Class Aves:

             Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit), and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries, and emus).

             3.               Following members of the Class Mammalia:

             Order Carnivora, expressly excepting the domestic dog (Canis familiaris) and the domestic cat (Felis catus), but including, but not limited to, the family felidae (such as ocelots, margays, tigers, lions, jaguars, leopards and cougars), the family canidae (such as wolves, dingos, coyotes and jackals), the family ursidae (bears), the family odobenidae (walruses), the family otaridae (sea lions and fur seals), Order Marsupialia (such as kangaroos and opossums) and Order Chiroptera (bats), and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants), and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas), and Order Ungulata (expressly excluding any animal which would be included within the definition of “domestic animal” in this section and including, but not limited to, antelope, deer, bison and camels).

             4.               Following members of the Class Actinopterygii:

             Family cyprinidae (goldfish) and family osphronemidae (bettas).

             5.               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.

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

(Ord. 2010-022 § 1; Ord. 2010-021 § 12; Ord. 2007-018 § 1; prior code § 6.01.002)