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.
"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)
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)