§ 5-6. Definitions.

Unless the provision or context requires otherwise, the definitions contained in this section shall govern the construction of this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

"Agricultural operation" means and includes the cultivation and tillage of the soil, dairying, the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, timber or agriculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial practices performed as incident to or in conjunction with such operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

"Animal" means and includes any mammal, reptile, avian or fish.

"Animal regulation officer" means a deputy duly appointed by the director to carry out the activities and programs of the division.

"Approved rabies vaccine" means an animal rabies vaccine approved for use by the State Department of Health.

"Assistance dog" means and includes any guide dog, signal dog, service dog or social dog.

"At large" or "run at large" means for an animal to be free from restraint, confinement or other form of control.

"Board" means the board of supervisors of Sonoma County, California.

"Business premises" means any lot or premises on which a protection dog is maintained or proposed to be maintained by the business owning or occupying such lot or premises.

"Cat" means and includes any domestic cat (Felis catus).

"Chief deputy animal regulation officer" or "chief deputy" means a deputy duly appointed by the director to manage the activities and programs of the division.

"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. Commercial kennel shall not include a veterinary facility, pet shop, humane society shelter or the county animal shelter.

"Consent" means written consent unless otherwise expressly provided.

"County animal shelter" means the county-owned and operated shelter where animals impounded pursuant to this chapter or voluntarily surrendered by their owners are placed for humane care and keeping.

"County building" means any building owned, leased, managed or controlled by the county.

"County property" means any building, land or water owned, leased, managed or controlled by the county.

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

"Director" means the director of animal regulation who shall be the agricultural commissioner/sealer of the county.

"Division" means the division of animal regulation.

"Dog" means and includes any domestic dog (Canis familiaris).

"Domestic animal" means and includes any animal, other than a wild or exotic animal, customarily confined or cultivated by man for domestic or commercial purposes.

"Exotic animal" means and includes 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.

"Firearms" means and includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, rifles and shotguns. Firearms shall not include handguns.

"Guide dog" means any guide dog or seeing eye dog which has been trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of the Business and Professions Code.

"Health officer" means the public health officer of the county or his designee.

"Impounded" means for an animal to be taken into custody by the division.

"Kennel" means and includes any commercial kennel.

"Lawful fence" means any fence which is good, strong, substantial and sufficient to prevent ingress and egress of livestock. No wire fence shall be deemed to be a lawful fence unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one (1) rod apart, one (1) of which wires shall be at least four feet (4;ft;) above the surface of the ground. Any kind of wire or other fence of height, strength, or capacity equal to or greater than the wire fence herein described shall be deemed to be a lawful fence. Lawful fence shall include cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock.

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

"Lot" means any legally defined parcel or continuous group of parcels in single ownership or under single control, usually considered a unit for purposes of development.

"Livestock" means and includes 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" of an animal means any person who owns an animal or who has charge, care, custody or control of, or has a right to control an animal for fifteen (15) or more consecutive days, except a veterinarian caring for an animal in the regular practice of veterinary medicine.

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

"Pet animals" means dogs, cats, monkeys and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal sold or retained for the purpose of being kept as a household pet.

"Pet fancier facility" 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 pet fancier facility shall be located on any lot or premises less than one (1) acre in size. No pet fancier facility shall sell, display, offer for sale, barter or give away more than four (4) litters of puppies and/or four (4) litters of kittens in any calendar year.

"Pet shop" means every place or premises where pet animals are kept for the purpose of either wholesale or retail sale. Pet shop shall not include any place or premises where pet animals are occasionally sold.

"Pit Bull" means any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.

"Potentially dangerous animal" means any of the following:

Any animal which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner of the animal;

Any animal which, when unprovoked, bites a person causing an injury that is less than a severe injury;

Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner of the animal.

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

"Protection dog" means 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.

"Protection dog operator" means any person who, for any consideration whatsoever, engages in business to furnish, or agrees to furnish, or train a protection dog for others.

"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/animal in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to Penal Code Section 597t.

"Service dog" means any dog individually trained to do work or perform tasks to meet the requirement of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

"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.

"Signal dog" means any dog trained to alert a deaf or hearing impaired person to intrudes or sounds.

"Social dog" means any dog trained to provide pet-facilitated therapy to autistic and developmentally disabled children and affection to disabled persons who are institutionalized.

"Substantial leash" means any substantial chain, cord, rope, strap or other restraint which is held or otherwise controlled by a person capable of controlling and actually controlling the animal to which such restraint is attached.

"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 animal" means any of the following:

Any animal seized under Penal Code Section 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Penal Code Section 597.5;

Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner has been notified of this determination, continues the behavior described in the definition of potentially dangerous animal" set out above, or is maintained in violation of Sections 5-115 or 5-135.

"Wild animal" means and includes any animal identified in Fish and Game Code Section 2116.

(Ord. No. 5664 § 1(b), 2006: Ord. No. 4782 § 1, 1994; Ord. No. 4653 § 2(a—e), 1993; Ord. No. 4449 § 2, 1991.)