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Ordinance No. 1622(16)

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Ordinance No. 1622(16) Ordinance No. 1622(16) An Ordinance of the City Council of the City of Lompoc, County of Santa Barbara, State of California, Amending Lompoc Municipal Code as it Pertains to Animals WHEREAS, the City contracts with the County of Santa Barbara for animal control services; and WHEREAS, the County Board of Supervisors recently amended the County of Santa Barbara animal control regulations; and WHEREAS, the Director of Santa Barbara County Animal Services requested the City to similarly amend the City’s animal regulations; and WHEREAS, the City Council finds the amendments to the Lompoc Municipal Code (LMC) set forth in this Ordinance are exempt from the California Environmental Quality Act (CEQA) review pursuant to 14 California Code of Regulations 15061(b)(3). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMPOC DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.010 of the LMC is amended to read as follows: 6.04.010 Definitions For purposes of this Title, unless the context clearly indicates otherwise, the following words and phrases have the meanings set forth below: “Animal” means all nonhuman members of the animal kingdom, including domestic, exotic, and livestock species. “Animal Control Officer” means an officer or employee of the City or of the County of Santa Barbara authorized to carry out and enforce the powers, duties, and provisions of this Title relating to the care, control, and treatment of animals within the City. “Animal Control Supervisor” means an officer or employee of the City or of the County of Santa Barbara responsible for the direct supervision of animal control officers and/or animal shelter operations. “Animal Control Services” means the program provided by the County of Santa Barbara Animal Services through a contract with the City. “Animal Control Services Director” or “Director” means an officer or employee of the City of Lompoc or of the County of Santa Barbara responsible for the administration and operations of the Animal Control Services program. “At Large” means an animal that is off the premises of its owner or custodian and not restrained by a leash. “Breeder” means any person, business, or organization that is recognized as an animal breeder under the laws of the State of California. “Cattery” means any premises where five or more cats, four months of age or older, are kept and cared for, not including a duly licensed veterinary facility, animal shelter, or welfare organization, rescue facility, or shelter. Ordinance 1622(16) Page 2 of 22 “County” means the County of Santa Barbara and, if the context so indicates, then County employees designated to carry out the provisions of this title. “Custodian” means the person responsible for caring for and looking after a dog on behalf of the owner of the dog subject to the provisions of this title. “Domestic Animal” means any animal customarily kept by humans for pleasure or companionship, including, but not limited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas, and the like, but not including Feral Cats, Exotic animals, or Livestock. “Dwelling Unit” shall mean a county assessor's parcel unit; provided that each separately addressed living area within a common interest development or apartment shall be deemed to be one assessor's parcel unit. "Excessive Noise" shall mean the utterance of barks, cries or sounds which are loud, frequent and continued over a period of time so as to deprive persons residing in three or more dwelling units in the neighborhood of the reasonable comfortable enjoyment of their homes or property. “Exotic Animal” means any species of animal not normally considered domestic or livestock, those animals defined by California Fish and Game Code sections 2116 and 2118. “Feral Cat” means an unsocialized cat without owner identification of any kind, usually exhibiting temperament and behavior connoting extreme fear and resistance to contact with people. “Grooming Shop” means any commercial establishment where animals are bathed, clipped, brushed, plucked, or otherwise groomed, not including a licensed veterinary facility, animal shelter, and welfare organization, animal rescue facility or shelter. “Health Officer” means the Public Health Officer of Santa Barbara County or designee serving the City through a contract between the City and County. “Hearing Officer” means the person designated by the City Manager to conduct the administrative hearings described in Article 5. “Impound” or “Impounded” means under the control and in the possession of Animal Control Services. “Kennel” means any lot, building, structure, enclosure, or premises whereon or wherein five or more dogs, four months of age or older, are kept and maintained for any purpose whatsoever, not including a licensed veterinary facility, animal shelter, and welfare organization rescue facility or shelter. “Law Enforcement Dog” means a specially trained canine animal accompanying or assisting a public safety or peace officer engaged in law enforcement duties or in the training of said animal. “License” means a permit obtained from a government or quasi-government agency which allows a person, business, or organization to perform described acts or maintain described premises. “Livestock” means any animals kept by humans that do not customarily inhabit their owner’s dwelling, including, but not limited to, equine, bovine, ovine, caprine, and porcine species, and any species of chicken, duck, pigeon, goose, turkey, or other domesticated fowl, but excludes bees. “Owner” means any person who keeps, has charge or custody of, or gives care to an animal for at least 30 consecutive days. Owner does not include veterinarians who Ordinance 1622(16) Page 3 of 22 are treating or caring for an animal in the regular practice of veterinary medicine, nor owners or operators of an animal grooming business, kennel, or pet shop while engaged in the regular practice of such business. “Pet Shop” or “Pet Store” shall be defined as set forth in the State Health and Safety Code section 122350(i). “Protective Custody” means animals that are impounded under exigent circumstances when no animal control violation has occurred. Some examples include owner arrested, owner hospitalized, owner died, automobile accident, owner is at a shelter, vehicle impounded, law enforcement activity, or disaster such as house fire or flood. “Quarantine” means the confinement of any animal in such a manner so the animal may not expose to contagious disease or injure any person or other animal. “Relinquished” means an animal whose owner has given up ownership to an Animal Control Services shelter. “Restraint” means secured by an adequate leash or lead six feet in length or less and under the immediate control of a responsible person, or physically confined on or within the premises of the owner or custodian of the animal. “Restricted Dog” means: A. Any dog, which when unprovoked, engages in any behavior that requires a defensive action by a person to prevent bodily injury to any person, domestic animal or livestock, off the property of the owner or custodian of the dog; or B. Any dog which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing an injury, which is less than a severe injury, as defined in this section; or C. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the property of the owner or custodian of the dog; and D. Any dog for which an administrative hearing has been held and the dog has been determined to need to be closely controlled by the owner or custodian and restrictions have been designated by a hearing officer with jurisdiction in the City of Lompoc. “Service Animal” means an animal individually trained to provide assistance to an individual with a disability as further defined by the Americans with Disabilities Act. “Severe Injury” means any physical harm to a human being or animal that results in a serious illness or injury, including, but not limited to, a fracture, severe bruising, muscle tear, puncture wound or disfiguring laceration requiring one or more sutures or corrective or cosmetic surgery. “Sterilization” means the neutering of a male dog or cat and the spaying of a female dog or cat. “Stray” means a domestic animal not kept under restraint. “Terrorizing Behavior” means that action exhibited by an animal that, in a vicious or terrifying manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places. "Transfer" shall mean any transaction in which a dog, puppy, cat or kitten is delivered to a new owner, and shall include, but not be limited to, the sale, sale at auction, barter, exchange, gift or adoption of any dog, puppy, cat or kitten. Ordinance 1622(16) Page 4 of 22 “Veterinary Facility” means any premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof are practiced. "Vicious Dog" means: A. Any dog that engages in or has been found to have been trained to engage in exhibitions of illegal fighting; or B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury, as defined in this section, or kills a person; or C. Any dog previously determined to be and currently designated as a Restricted Dog in the City, which, after its owner or custodian has been notified of this determination, continues the behavior that resulted in designating it a Restricted Dog, engages in other behavior similar to a Restricted Dog, or is maintained in violation of Section 6.08.210, an administrative decision, a court order or restrictions placed on it; or D. Any dog designated to be dangerous or vicious in another jurisdiction which exhibits any of the behavior defined in A. or B. above. “Welfare Organization” means any nonprofit public benefit corporation that is organized for the purpose of improving the lives or welfare of animals.
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