When used in this chapter, the words defined in this section shall have the meanings prescribed in this section.
mean any members of the kingdom Animalia exclusive of Homo sapiens.
means the division of the department of agriculture, which is established as the animal control agency in the county.
means the facilities provided by the county for the impoundment, relinquishment, quarantine, and adoption or sale of animals.
within the meaning of this title, means such actions or behaviors of an animal (excluding those agricultural activities permitted by Merced County Code) which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:
A. | Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question; |
B. | Causing unsanitary conditions in enclosures or surroundings; |
C. | Making a chronic, continuous excessively loud or disturbing noise of more than a 15 minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest. This does not include periodic barking or other utterances of short duration; or |
D. | Causing offense or danger to public health, safety, or welfare by virtue of the number or types of animals and the method they are maintained. Determination of this violation will be made initially by the investigating animal control officer. Referrals will be made to the appropriate county or state agencies as required by law. |
means an animal off the premises of its owner or custodian and:
A. | If livestock, not under the control and in the immediate presence of the owner or custodian; or |
B. | If a dog or a cat, not under physical restraint. |
means an animal off the premises of its owner or custodian as outlined in the definition of "at large" in this section which through direct or indirect action causes or inflicts injury to any person. Injury is described as a wound or other type of injury which requires medical treatment, such as muscle tears, lacerations requiring sutures, broken bones or surgery.
means the management head of animal control and his or her duly authorized staff.
means any dog, other than a law enforcement service dog, that bites a person or other animal in the unincorporated areas of the county of Merced; provided however, that the person or animal bitten was not at the time either provoking or teasing the dog without cause. The records of dog bites kept by animal control shall be deemed official records and shall establish the number of bites recorded. Nothing in this section is meant to preclude any action or investigation of a biting animal under Section 7.04.290 or 7.04.292 of this chapter.
means any enclosure, premises, building, structure, lot or area in or on which five or more cats of at least six months of age are kept, harbored, or maintained.
means to so restrain or control an animal that so it does not defecate on public property or the property of others except by the expressed consent of the owner of such property.
means any animal that can be categorized in any one or more of the following manners:
A. | Any animal which behaves in such a manner that the owner or custodian thereof knows or should know that the animal poses a threat to public safety; |
B. | Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this chapter; |
C. | Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury; |
D. | Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled. |
means any acts committed by an animal as defined in the definition of "dangerous animal" in this section.
means the director and administrator of the division of animal control for the county of Merced.
as used in this title, means a metallic tag, which will be firmly affixed to the animal's collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 7.04.260 of this chapter.
means dogs and cats, except as limited in the definition of "feral animal" in this section, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in the county as farm or livestock animals.
means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or a vicious dog in conjunction with other measures which may be taken by the owner or custodian of the dog. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code.
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 or custodian and is existing in a wild state without benefit of domestication.
or other words used in the masculine gender include the feminine; the singular number includes the plural, and the plural the singular.
means the health department of the county of Merced.
means the director of the health department of the county of Merced or other person duly authorized by the director of the health department or designated by the board of supervisors to act as the health officer.
for the purposes of this chapter, means the process prescribed in Section 7.04.300 for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, dangerous and vicious animals, permits, or such other administrative matters as pertain to the application of this chapter.
means the person appointed by the director to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the county who is not assigned to animal control or otherwise subordinate to the manager 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.
means the physical restraint and transport of an animal to the animal shelter by the animal control manager, other agency or the general public. An animal confined and returned to the owner or custodian, prior to transport to the animal shelter, is to be considered impounded.
means the taking up and confining of an animal by the animal control manager in accordance with the provisions of this chapter or other applicable law or regulation.
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.
as used in this chapter unless otherwise specified, means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent the ingress and egress of the animals housed, controlled or grazed on the property.
means any horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in the county as farm or livestock animals.
means the primary or responsible person who possesses, has title to or an interest in, harbors, provides care, or has control, custody or possession of an animal, and the verb of "to own" includes all these shades of meaning. In addition, any person finding a stray animal who harbors, provides care, or has control, custody or possession of that animal for more than 10 business days is to be considered the owner as defined in this section and is responsible for all rules, regulations and fees pertaining to such animal.
means fictional entities such as corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings or responsible members of the household.
within the context of this chapter and unless otherwise stated, means licenses issued by the animal control manager pursuant to the provisions of this chapter which authorize either the maintaining and operating of a kennel or cattery (a kennel/cattery permit) or the keeping of a wild animal (a wild animal permit) but shall not include licenses issued by the animal control manager pursuant to the provisions of Section 7.04.260 which authorize the keeping of a dog.
means a dog, which meets any of the following documented criteria:
Any dog, which when unprovoked, on two separate occasions within the prior 36 month period, engages in any behavior that requires defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or the custodian of the dog.
Any dog which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing less severe injury than as defined in this section.
Any dog, which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of owner or custodian of the dog.
means any physical injury to a human being that results in a major fracture, muscle tears or disfiguring lacerations or requires multiple sutures or corrective cosmetic surgery.
means the inoculation of an animal with rabies and any other vaccine approved by and in the manner prescribed by the State of California, Department of Health Services.
means a person licensed by the state of California to practice veterinary medicine.
means any animal (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:
Physically attacked, mauled, or physically injured by biting any person, without provocation, at a place other than upon the private property where the animal is maintained by the owner.
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.
Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained on private property not belonging to the owner of the offending animal.
Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public property.
means any acts committed by an animal as defined in this section.
means a dog, which is described by any of the following:
Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting; Any dog, which when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person;
Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or custodian has been notified of this determination continues the behavior described in this section or is maintained in violation of Section 7.04.292(H).
means any of the following:
Following members of the Class Reptilia:
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
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, jaguars, leopards and cougars), the family canidae (such as wolves, dingos, coyotes and jackals); and
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), including, but not limited to, antelope, deer and bison.
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.
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.
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.
(Ord. 1675 § 2, 2002)