Nothing in this chapter shall be constructed as authorizing
the keeping or maintaining of any animal that is otherwise prohibited
or restricted by any law, regulation or permit requirement.
(Ord. 227 § 6, 1994)
For the purposes of this chapter, the following definitions
shall apply:
"Altered"
for a female means having had the ovaries and uterus surgically
removed; an ovariohysterectomy. "Altered" for a male means having
had the testicles surgically removed.
"Animal"
means and includes, but is not limited to birds, fishes,
reptiles, and nonhuman mammals.
"At large"
means being on any private property without permission of
the person who owns or has a right to possess or use the property;
or unrestrained by a leash on either public property, unless expressly
permitted by law, or private property open to the public; or in any
place or manner which presents substantial risk of imminent interference
with animal or public health, safety or welfare.
"City"
means the city of Lemon Grove.
"City animal shelter"
means a premises selected by the city as a suitable facility
for the requirements of this chapter.
"City attorney"
means the city attorney of the city of Lemon Grove, California
"City veterinarian"
means any person licensed to practice medicine dealing with
the prevention and treatment of diseases and injuries in animals.
"Curb"
means to restrain or control an animal that it urinates or
defecates only in the street gutters.
"Dangerous animal"
means any animal of a species or type likely to cause injury
to a person, or any animal which has demonstrated a propensity to
attach or cause injury to a person.
"Dog"
means a canis familiaris of either sex, altered or unaltered;
or any other member of the canis genus if owned, kept or harbored.
"Dog license"
means a properly completed and validated dog license application
and rabies certification form issued by city or authorized agency,
including the dog owner's name, address and telephone number; the
dog's name, and description, including breed, color, sex, month and
year of birth, rabies vaccination date, license tag number and expiration
date.
"Guard dog"
means:
1.
A "sentry dog" as defined in The Dog Act of 1969 (Health And
Safety Code Section 25971);
2.
Any dog furnished for hire for use in guarding, patrolling or
protecting any area, yard or premises, with or without supervision,
to deter or detain unauthorized persons. The term "hire" shall include,
but not be limited to, renting or leasing of the services of a dog
with or without a dog handler, or the sale of a dog with an option
to repurchase.
"Guard dog operator"
means:
1.
A "sentry dog company" as defined in The Dog Act of 1969 (Health
And Safety Code Section 25974);
2.
Any person who furnishes a dog for hire for use in guarding,
patrolling or protecting any area, yard or premises, with or without
supervision, to deter or detain unauthorized persons. The term "hire"
shall include, but not be limited to, the renting or leasing of the
services of a dog with or without a dog handler, or the sale of a
dog with an option to repurchase.
"Health officer"
means the county director of public health, his agents or
deputies.
"Impounded animal"
means any animal taken into custody by the city or authorized
agency as provided in this chapter.
"Indoor housing facility"
means any structure or building, or housing intended to house
animals, which has the capability of controlling the environment within
the enclosure created by the continuous connection of a roof, floor,
and walls with at least one opening for entry and exit that is provided
with a door or any moveable structure used to close off the opening
and typically consisting of a panel of wood, glass, metal, etc. which
slides on rollers or swings on hinges; provided, however, that any
openings which provide natural light shall be covered with a transparent
material, e.g., glass, plastic, etc.
"Kennel"
means any lot, building, structure, enclosure or premises
wherein seven or more dogs four months of age or over are kept or
maintained for the purpose of breeding, training, boarding or raising
for profit or pleasure.
"Kennel operator"
means the person who is the legal owner or is actually in
control and operation of a kennel. The term "kennel operator" does
not include a veterinarian operating a veterinary hospital.
"Leash"
means any rope, leather strap, chain or other material not
exceeding six feet in length, being held in the hand of a person capable
of controlling and actually controlling the animal to which it is
attached.
"License tag"
means a piece of metal or other durable material inscribed
with "Lemon Grove" and a number which has been issued by city or authorized
agency.
"Licensed dog"
means a dog wearing its current dog license tag as required
by this chapter.
"Outdoor housing facility"
means any structure or building, housing or intended to house
animals which does not meet the definition of "indoor housing facility."
"Owner"
means any person who is the legal owner, keeper, harborer,
possessor or the actual custodian of an animal. Ownership is established
by a person registering as the owner on a license or other legal document
or by a person claiming ownership and taking possession of an animal.
"Potentially dangerous animal"
means:
1.
Any animal of a species or type likely to cause injury to a
person; or
2.
Any animal which has once within the prior forty-eight-month
period attacked, bitten, or otherwise caused a substantial injury
to a person engaged in lawful activity.
"Primary enclosure"
means any structure used to immediately restrict an animal
or animals to a limited amount of space, such a room, pen, run, cage,
or compartment, exclusive of any kennel house.
"Protection dog"
means any attack-trained dog; any dog trained to guard, protect,
patrol or defend any premises, area or yard; or any dog trained to
protect, defend or guard any person or property with or without the
necessity of direct human supervision.
"Registered owner"
means a person registered as the owner on a dog license or
a person claiming ownership of an impounded animal and taking possession
of it.
"Sanitize"
means to make physically clean and to remove and destroy,
to the maximum degree that it is practical, agents injurious to animal
or human health.
"Stray"
means an animal which is at large.
"Substantial injury"
means a substantial impairment of the physical condition
of a person which requires professional medical 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 requiring
multiple sutures; or any injury requiring corrective or cosmetic surgery.
"Vaccinated dog"
means a dog inoculated with an approved, currently valid,
antirabies vaccine, and wearing a current dog license tag indicating
proof of such vaccination.
"Vicious dog"
means a dog which:
1.
Has twice within a forty-eight-month period, bitten or has shown
the disposition, tendency or propensity to attack, bite or otherwise
cause injury to persons engaged in lawful activity;
2.
Has once attacked or bitten a person engaged in lawful activity,
causing death or substantial injury; or
3.
Has been declared a "vicious dog" by the city or authorized
agency pursuant to the provisions of this chapter.
(Ord. 175, 1990; Ord. 227 §§ 1, 2, 1994; Ord. 245 §§ 1, 3, 4, 1995)