The California Food and Agriculture Code authorizes a City or County to adopt its own comprehensive regulations to control animals within its jurisdiction. Accordingly, this chapter establishes animal control regulations in the City of Santee related to dog licensing, rabies vaccinations, treatment and isolation of diseased animals, impoundment of strays, guard dogs, potentially dangerous dogs, cats and other animals. The purpose of this chapter is to supplement State law to protect the health and safety of the public and animals. Nothing in this code authorizes the keeping or maintaining of any animal that is otherwise prohibited or restricted by any law, regulation or permit requirement.
(Ord. 559 § 3, 2019)
The following definitions apply to Title 6, Animals:
"Abate"
means to take action to remove a nuisance and may include confining, isolating or destroying an animal.
"Altered"
means an animal that has been spayed or neutered.
"Animal shelter"
means a facility that temporarily houses animals relinquished by their owners, found at large, impounded or otherwise come into custody of the authorized agency.
"At large"
means: (1) being on private property without the permission of the owner or person who has the right to possess or use the property; (2) being unrestrained by a leash on private property open to the public or on public property, unless a law or regulation expressly allows an animal to be unrestrained on the property. If a leash is not being held in the hand of a person capable of controlling the animal or a person is not actually controlling an animal attached to the leash, the animal is "at large"; or (3) being in a place or manner which presents a substantial risk of imminent interference with animal or public health, safety or welfare.
"Attack"
means an action by an animal which places a person in reasonable apprehension that the animal will cause the person immediate bodily harm.
"Attack dog,"
as defined in Health and Safety Code Section 121881, means any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained as a sentry to protect, defend or guard any person or property.
"Authorized agency"
means the animal control agency contractually authorized to perform animal control services, and authorized to administer or enforce this chapter on behalf of the City of Santee.
"Bite"
means an action by an animal with its teeth or mouth that breaks the skin of a human or animal and does not require the presence of teeth marks.
"Cat"
means an animal of the genus and species Felis domesticus.
"City"
means the City of Santee.
"Curb"
means to restrain or control an animal so that it urinates or defecates only in the street gutters.
"Custodian"
means a person, not the owner of an animal, who has been entrusted by the owner or the owner's agent to care for and maintain an animal until it is returned to the owner.
"Dangerous dog"
means a dog that has attacked, bitten or in some other manner injured a person engaged in lawful activity: (1) two or more times in a 48-month period; or (2) one or more times resulting in death or substantial injury.
"Declared dangerous dog"
means a dog that: (1) the authorized agency has declared a dangerous dog after affording the dog's owner or custodian the right to a hearing; (2) a dog's owner has stipulated is a dangerous dog; or (3) another jurisdiction has declared to be a dangerous or vicious dog.
"Dispose of"
means to make arrangements for an animal and includes euthanasia.
"Dog"
means an animal of the genus and species Canis familiaris or any other member of the Canis genus if a person owns, keeps or harbors the animal.
"Dog license"
means a certificate the authorized agency issues indicating that a dog has been registered with animal control authorities.
"Guard dog,"
as defined in Health and Safety Code Section 121881, means any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained as a sentry to protect, defend or guard any person or property.
"Guard dog operator"
means the owner of an attack, guard or sentry dog, or other person, that operates or maintains a business to sell, rent, or train an attack, guard or sentry dog.
"Health officer"
means the representative of the authorized agency or other person recognized or appointed by the authorized agency to implement or enforce all or any portion of the duties of this chapter.
"Impound" or "impoundment"
means an action by the authorized agency to take possession of an animal.
"Kennel"
means a facility, whether or not operated for profit, that keeps or maintains five or more dogs, cats, or other domesticated animals at least four months old. It includes a facility owned or operated by an animal welfare agency, but does not include an animal shelter operated or established by the City, an agency contracted by the City to provide animal control services, or a veterinary hospital operated by a veterinarian licensed by the state. A kennel also includes a facility with the requisite five dogs that also keeps or maintains other animals. As used in this definition a "facility" means any combination of adjacent buildings, structures, enclosures or lots under common ownership or operated as one unit, to keep or maintain dogs or cats.
"Kennel house"
means a protected space or enclosure in a kennel in which an animal is assigned to sleep, rest or be segregated from other animals.
"Kennel license"
means a regulatory permit issued pursuant to this chapter to a kennel operating within the City.
"Kennel operator"
means a person who owns, controls or operates a kennel or who participates in the control or operation of a kennel.
"Leash"
means any rope, leather strap, chain or other material six feet or less in length, intended to be held in the hand of a person for the purpose of controlling an animal to which it is attached.
"License tag"
means the official tag the authorized agency issues to a dog owner or custodian signifying the dog has been registered with that agency.
"Neutered"
means a male animal whose testicles have been surgically removed.
"Owner"
means a person, other than a custodian, who owns, keeps or harbors an animal or a person who takes possession of an animal after claiming to be the owner.
"Potentially dangerous animal"
means any of the following: (1) an animal of a species or type likely to cause injury to a person; or (2) an animal, other than a declared dangerous dog, which has within the prior 48-month period attacked, bitten or otherwise caused injury to a person engaged in lawful activity.
"Primary enclosure"
means a structure in a kennel, other than a kennel house, used to restrict an animal to a limited amount of space, such as a room, pen, run, fenced area, cage or compartment.
"Rabies certificate"
means the certificate a licensed veterinarian or authorized agency issues verifying that an animal has been vaccinated against rabies.
"Sentry dog,"
as defined in Health and Safety Code Section 121880, means a dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility.
"Spayed"
means a female animal whose ovaries and uterus have been surgically removed.
"Stray"
means an animal which is "at large."
"Substantial injury"
means a substantial impairment of a person's physical condition which requires professional medical treatment including, loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of a bodily member or organ, a muscle tear, a disfiguring laceration, a wound requiring multiple sutures or an injury that requires surgery to restore the person to the condition the person was in before the incident that resulted in the injury.
"Veterinarian"
means a person currently licensed to practice veterinary medicine in the United States.
"Vicious dog,"
as defined in Food and Agriculture Code Section 31603, means any of the following: (1) any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code; (2) any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or (3) any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Food and Agriculture Code Section 31602 or is maintained in violation of Food and Agriculture Code Section 31641, 31642 or 31643.
"Wild animal"
means any animal of the classes of animals listed in Fish and Wildlife Code Section 2116 et seq., and supplemented by California Code of Regulations, Title 14 Section 671 et seq., which are not normally domesticated or not allowed in the State of California.
(Ord. 559 § 3, 2019)
A. 
The authorized agency is authorized to charge and collect fees for animal control services, licensing, and enforcement in accordance with the procedures approved by the City.
B. 
The owner of any animal which is lawfully impounded must pay all fees and expenses related to such impoundment in amounts approved by the City Council, including, but not limited to, impound, board, vaccination, examination and any medical treatment fees for the animal, whether or not the animal is claimed.
C. 
Fees must be paid when due unless the authorized agency, in accordance with City policy, authorizes a payment arrangement or waives such fees in full or in part.
(Ord. 559 § 3, 2019)
The City of Santee enforces this chapter directly or through a contract with an authorized agency to implement and enforce this chapter.
(Ord. 559 § 3, 2019)