Ordinance No.1053

ARTICLE I—GENERAL PROVISIONS

Section 3.1       Purpose; Construction.

This chapter is intended to regulate, control, and protect animals existing within the City of Healdsburg.

Section 3.2       Relationship to Other Laws.

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to any activity which is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes.  It is the intention of the city council that this chapter shall be interpreted to be compatible with federal, county, and state enactments, and in furtherance of the public purposes which those enactments express.  Where an activity is a violation of this chapter and a federal or state enactment, the citation for such violation shall be deemed to be a citation under this chapter and that enactment, even if not expressly stated in the citation.  Nothing in this chapter is intended to supersede any other provisions of this code.

Section 3.3       Authority to Set Fees.

The city council may by resolution establish a schedule of fees and charges for services performed and licenses issued under this chapter.  The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses.

Section 3.4       Definitions.

Animal means any nonhuman mammal, bird, reptile, amphibian or fish including, but not limited to dog, cat, horse, goat, sheep and chicken and all animals defined in California Penal Code Section 597.

Animal Control means the Healdsburg Animal Shelter and/or the agency who is responsible for animal control.

Animal Control Officer means any person authorized by the city manager, by designation, delegation or contract, to administer or enforce the provisions of this chapter and applicable state laws and regulations pertaining to animal control or rabies control.

Animal Hearing Officer means a person appointed by the city manager to conduct hearings authorized under this chapter.  The Animal Hearing Officer shall not be a presently employed Animal Control Officer.

Animal Services Director means the director of the Healdsburg Animal Shelter and/or the agency who is responsible for animal control.

Animal Shelter means the facility where animals impounded pursuant to this chapter or voluntarily surrendered by their owners are placed for humane care and keeping.

Assistance dog means any guide dog, signal dog, search and rescue dog or dog otherwise specially trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired hearing to intruders or sounds, guiding individuals with impaired sight to obstacles, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

At large or run at large means for an animal to be free from restraint or confinement off the premises of its owner.

Commercial kennel means any lot or premises on which five (5) or more dogs and/or five (5) or more cats over four (4) months of age are kept by the owner or occupant for commercial purposes; including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training.

Cruelty means the intentional or criminally negligent mistreatment of any animal by any act, or omission whereby unjustifiable physical pain, suffering, or death is caused to or permitted upon such animal.

Dangerous animal means any animal which, because of its disposition, behavior, or other characteristic, constitutes a danger to persons or property.

Domestic animal means any animal customarily kept by humans for companionship, including, but not limited to, dogs, cats, birds, rabbits, hamsters, mice, turtles and the like.

Exotic animal means any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation, or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

Fowl includes but is not limited to chickens, turkeys, ducks, geese, and other birds. 

Health officer means the Sonoma County Public Health Officer or his designee.

Hobby kennel means any lot or premises on which five (5) or more, but not exceeding ten (10), dogs and/or five (5) or more, but not exceeding ten (10), cats over four (4) months of age are owned and kept by the owner or occupant for personal, noncommercial purposes; including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.  No hobby kennel shall be located on any lot or premises less than one (1) acre in size.  No hobby kennel shall sell, display, offer for sale, barter or give away more than four (4) litters or puppies and/or four (4) litters of kitten in any calendar year.

Impounded shall mean for an animal to be taken into custody by Animal Control.

Kennel means any commercial kennel or hobby kennel or both.

Licensed premises means any lot or premises on which a commercial kennel, hobby kennel or pet shop is maintained or proposed to be maintained by the person owning or occupying such lot or premises.

Livestock means any cattle, sheep, swine or goat, or any horse, mule or other equine, or any llama or other camelidae, or any domestic fowl or rabbit.

Owner means any person over eighteen years of age owning, keeping, harboring or having custody of, or possession of, any animal.  This definition shall not apply to a veterinarian in the regular practice of his profession as to any animal in his possession while being treated or cared for.  This definition shall not apply to any operator of a kennel as to any animal that is being boarded in the regular practice of his business.

Park Facility means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the City of Healdsburg.

Person means and includes any individual, firm association, organization, partnership, joint venture, business trust, corporation or company.

Pet shop means a premise wherein pet animals are kept for purposes of wholesale or retail sale.  “Pet shop” does not include any place where pet animals are occasionally sold.  “Pet animals ” means dogs, cats, rabbits, monkey and other primates, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal sold or trained for the purpose of being kept as a household pet.

Potentially Dangerous Dog shall mean any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

            a.         A second attack, without provocation, within a twelve (12) month period, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;

            b.         A second attack, without provocation, within a thirty-six (36) month period, on another animal or livestock, which occurs off the property of the owner of the attacking  animal and which does not result in the death of the attacked animal;

            c.         An attack, without provocation, that results in an injury that is less than severe on a person where such person is acting lawfully.

Premises means any property owned, leased or rented by any person.

Secure enclosure means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious dog in conjunction with other measures which may be taken by the owner of the dog and/or the city pursuant to a potentially dangerous or vicious dog abatement order.  The enclosure shall be designed to prevent the dog from escaping.  The dog shall be housed pursuant to Penal Code Section 597t.

Service dog means any dog under the control of a peace officer in the performance of, or training for, public service.

Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

Veterinarian means any person licensed to practice veterinary medicine in California.

Veterinary facility means a clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on site.

Vicious Dog shall mean any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

            a.         A single attack, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;

            b.         A single attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock;

            c.         Any dog previously determined to be and currently listed as a potentially dangerous dog, as herein defined, which after its owner has been notified of this determination, continues any behavior defined as a dangerous dog behavior or is maintained in violation of the conditions of abatement.