For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used are defined as follows:
"Altered"means a dog or cat that has been spayed or neutered.
"Animal"means any (1) arthropod or (2) vertebrate creature, domestic or wild, and includes these categories: birds, fish, mammals, amphibians and reptiles.
"Animal control director"("director") means the police department patrol division commander who oversees and supervises the animal control function of the city or such person with whom the city has contracted to oversee the city animal shelter, including field animal control operations, and kennel and office operations.
"Animal control officer"means any person appointed by the police chief to assist in implementing and enforcing the provisions of this title. "Animal control officer" includes, without limitation, a code enforcement officer, peace officer, and any other person authorized by the police chief or employed by the city to implement and enforce the provisions of this title.
"Animal shelter"means the place or places designated by the city as a place for the keeping and safe holding of animals impounded pursuant to this title.
"Apiary"includes bees, comb, hives, appliances, or colonies, or wherever bees are kept, located or stored.
"At large"means any animal which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by leash of a size and material appropriate to the size and temperament of the animal and which is held by a person capable of restraining the animal, or is not otherwise physically restrained by some other device or instrument, except that such device or instrument shall not include voice control, eye control or signal control of the animal by any person, device or instrument, except with respect to a canine good citizen certified dog.
"Commercial animal establishment"includes, without limitation, a breeding or boarding kennel or cattery, pet shop, pet grooming parlor, commercial stable, riding academy, pony ride, guard-dog and/or sentry-dog service, animal menagerie, animal shelter, or miscellaneous animal or reptile establishment. For the purpose of this title, guard-dog and/or sentry-dog services located outside the city, but providing service within the city on a regular basis, shall be included within the definition of commercial animal establishment.
"Dog kennel"means any building or premises upon or within which five or more dogs, four months of age or older, are kept or maintained.
"Dog park" or "off-leash area"means the area of a city-owned or controlled park or area designated for off-leash use for dogs by the resolution of the city council.
"Enclosure"means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
"Humane society"means the Benicia Vallejo Humane Society or Friends of Animals or other similar local organizations.
"Impound" or "impounded"means the status of an animal which has been received into the custody of an animal control officer or peace officer duly authorized by the law to receive custody of such animal, whether held in personal custody of the officer, in an animal shelter, or in a vehicle controlled by such officer.
"Miniature pig" or "miniature pot-bellied pig"means a cloven-hoofed animal including, but not limited to, tea cup pigs, micro pigs, Juliana, Vietnamese, Chinese, or Asian pot-bellied pig which is domesticated and which is not a farm pig or hog.
"Operator"means the legal owner or person in actual control of any activities involving animals.
"Owner"means any person who is the legal owner, keeper, harborer, possessor or the custodian of an animal. Ownership is also 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.
"Permanently non-fertile dog"means a dog that (1) has not been spayed or neutered, and (2) has been certified by a licensed veterinarian as a dog that cannot reproduce during its remaining life because of age or a permanent health condition.
"Person"means any individual, firm, partnership, joint venture, corporation, association, club, organization or other legal entity.
"Secure enclosure"means a fence or structure suitable to prevent the entry of young children or any part, limb or appendage of any child, and which is suitable to confine a potentially dangerous animal or a dangerous animal in conjunction with other measures which may be taken by the owner or keeper of the animal, or at the direction of the animal control director. A secure enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming in contact with the animal.
"Service dog"means any dog trained to aid a physically disabled person, including without limitation a guide dog and a signal dog.
"Substantial physical injury"means a substantial impairment of the physical condition of a person or animal that 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, tissue tears or punctures, disfiguring lacerations, wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery.
"Unaltered dog"means any dog other than a permanently non-fertile dog that has not been spayed or neutered.
"Wild animal"means any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Title
14 of California Code of Regulations, section 671, or its successor regulations.
(Ord. 07-72 § 4; Ord. 17-06 § 1; Ord. 17-09 § 1)