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As used in this title, unless the context clearly indicates otherwise, the following definitions shall apply:

A. "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.

B. "Animal control officer" means the person appointed by the city manager as animal control officer and any designated assistants, any peace officer and any designated police department employee.

C. "Animal services manager" or "manager" means the person appointed by the city manager whose duties include, but are not limited to, the enforcement of this title and the management of day-to-day operations of the city-operated animal services department.

D. "Animal hearing officer" means the animal services manager or person(s) appointed by the city manager to conduct all hearings authorized by this title.

E. "Apiary" means bees, hives, colonies, or beekeeping appliances wherever they are kept, located or found in accordance with Food and Agriculture Code Section 29002, as amended from time to time.

F. "Authorized feral cat care organization" means any tax exempt organization under Section 501(3) of the Internal Revenue Code or similar provision that complies with all of the requirements of Section 9.14.110 of this title and other applicable law.

G. "Beekeeping appliance" means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any other equipment which is used in the practice of apiculture.

H. "Bee" means a honey-producing insect of the species Apis mellificia, including the adults, eggs, larvae, pupae and other immature states thereof.

I. "Beehive" or "hive" means any receptacle or container or part thereof that is made or prepared for the use of bees, or any box or similar container that is inhabited by bees in accordance with Food and Agriculture Code Section 29011, as amended from time to time.

J. "Bee colony" means one beehive and its contents, including bees, comb, and beekeeping appliances in accordance with Food and Agriculture Code Section 29006, as amended from time to time.

K. "Domestic birds" means any of a class (Aves) of domestic warm-blooded vertebrates distinguished by having the body more or less completely covered with feathers and the forelimbs modified as wings.

L. "Cat" means a domestic cat (Felis catus). Cats are the personal property of their owner.

M. "Impound" means to take into custody by the animal control officer as authorized by this title.

N. "Commercial kennel or cattery" means any premises except veterinary hospitals, animal shelters or private kennels where five or more dogs four months in age or older, or seven or more cats four months of age or older, are kept for commercial purposes.

O. "Hobby kennel or cattery" means any place or premises on which five or more dogs or seven or more cats over four 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 used in conjunction with a legal agricultural operation on the lot or premises. No hobby kennel operator shall sell, display, offer for sale, barter or give away more than one litter of puppies and/or kittens in any calendar year.

P. "Feral cat" means any free roaming domestic cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people and that based on the reasonable determination of an animal control officer is not socialized in accordance with Food and Agriculture Code Section 31752.5, subdivision (b), as amended from time to time.

Q. "Dog" means domestic dog (Canis familiaris) of any age and either sex.

R. "Livestock" includes but is not limited to horses, mules, jacks, cows, cattle, goats or sheep that do not customarily inhabit their owners’ dwellings. Includes but not limited to Bovine, Caprine, Equine, Ovine and Porcine.

S. "Owner" means any person over eighteen years of age owning, keeping, harboring or having custody of, or possession of, any animal. An animal shall be deemed to be harbored if it is fed or sheltered for thirty or more consecutive days. 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 an operator of a commercial kennel as to any animal that is being boarded in the regular practice of his business, nor to members of an authorized feral cat care organization operating in accordance with Section 9.14.110.

T. "Person" means and includes any individual, firm, partnership, corporation, or association of persons.

U. "Pet shop" means a premises wherein pet animals are kept for purposes of wholesale or retail sale, exchange or hire to the public. "Pet shop" does not include any place where pet animals are occasionally sold. "Pet animals" means dogs, cats, rabbits, monkeys 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.

V. "Possessor" means any person other than the owner of an animal who has lawful custody or possession of the animal.

W. "Potbellied pig" means any of a breed of small pigs (sus scrofa bittatus) known as Vietnamese, Chinese or Asian potbellied pigs.

X. "Premises" means and includes any dwelling, building, real property, vehicle, vessel or part thereof.

Y. "Proof of ownership" means documentation demonstrating that a person owns an animal and includes, but is not limited to, a license, veterinary record, valid bill of sale, or adoption contract.

Z. "Served by mail" refers to service by registered, certified and/or first-class letter. The date the letter is posted in the mail shall constitute the date the letter was served by mail.

AA. "Veterinarian" means a person licensed to practice veterinary medicine by the state of California.

BB. "Veterinary hospital" means a premises operated by a veterinarian for the treatment of diseases and injuries to animals.

CC. "Rabies Control Act" means and refers to California Health and Safety Code Section 1900 and sections following governing the identification, quarantine and control of rabid animals.

(Ord. 2349 NCS §1 (part), 2009; Ord. 2185 NCS §2 (part), 2004.)