Nothing in this chapter shall be constructed as authorizing the keeping or maintaining of any animal that is otherwise prohibited or restricted by any law, regulation or permit requirement.
(Ord. 227 § 6, 1994)
For the purposes of this chapter, the following definitions shall apply:
"Altered"
for a female means having had the ovaries and uterus surgically removed; an ovariohysterectomy. "Altered" for a male means having had the testicles surgically removed.
"Ambient temperature"
means the temperature surrounding the animal.
"Animal"
means and includes, but is not limited to birds, fishes, reptiles, and nonhuman mammals.
"At large"
means being on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash on either public property, unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk of imminent interference with animal or public health, safety or welfare.
"City"
means the city of Lemon Grove.
"City animal shelter"
means a premises selected by the city as a suitable facility for the requirements of this chapter.
"City attorney"
means the city attorney of the city of Lemon Grove, California
"City veterinarian"
means any person licensed to practice medicine dealing with the prevention and treatment of diseases and injuries in animals.
"Curb"
means to restrain or control an animal that it urinates or defecates only in the street gutters.
"Dangerous animal"
means any animal of a species or type likely to cause injury to a person, or any animal which has demonstrated a propensity to attach or cause injury to a person.
"Dog"
means a canis familiaris of either sex, altered or unaltered; or any other member of the canis genus if owned, kept or harbored.
"Dog license"
means a properly completed and validated dog license application and rabies certification form issued by city or authorized agency, including the dog owner's name, address and telephone number; the dog's name, and description, including breed, color, sex, month and year of birth, rabies vaccination date, license tag number and expiration date.
"Dog license application and rabies certificate form"
means the dog license application form issued by the city or authorized agency.
"Guard dog"
means:
1. 
A "sentry dog" as defined in The Dog Act of 1969 (Health And Safety Code Section 25971);
2. 
Any dog furnished for hire for use in guarding, patrolling or protecting any area, yard or premises, with or without supervision, to deter or detain unauthorized persons. The term "hire" shall include, but not be limited to, renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
"Guard dog operator"
means:
1. 
A "sentry dog company" as defined in The Dog Act of 1969 (Health And Safety Code Section 25974);
2. 
Any person who furnishes a dog for hire for use in guarding, patrolling or protecting any area, yard or premises, with or without supervision, to deter or detain unauthorized persons. The term "hire" shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
"Health officer"
means the county director of public health, his agents or deputies.
"Impounded animal"
means any animal taken into custody by the city or authorized agency as provided in this chapter.
"Indoor housing facility"
means any structure or building, or housing intended to house animals, which has the capability of controlling the environment within the enclosure created by the continuous connection of a roof, floor, and walls with at least one opening for entry and exit that is provided with a door or any moveable structure used to close off the opening and typically consisting of a panel of wood, glass, metal, etc. which slides on rollers or swings on hinges; provided, however, that any openings which provide natural light shall be covered with a transparent material, e.g., glass, plastic, etc.
"Kennel"
means any lot, building, structure, enclosure or premises wherein seven or more dogs four months of age or over are kept or maintained for the purpose of breeding, training, boarding or raising for profit or pleasure.
"Kennel operator"
means the person who is the legal owner or is actually in control and operation of a kennel. The term "kennel operator" does not include a veterinarian operating a veterinary hospital.
"Leash"
means any rope, leather strap, chain or other material not exceeding six feet in length, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.
"License tag"
means a piece of metal or other durable material inscribed with "Lemon Grove" and a number which has been issued by city or authorized agency.
"Licensed dog"
means a dog wearing its current dog license tag as required by this chapter.
"Outdoor housing facility"
means any structure or building, housing or intended to house animals which does not meet the definition of "indoor housing facility."
"Owner"
means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of an animal. Ownership is 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.
"Potentially dangerous animal"
means:
1. 
Any animal of a species or type likely to cause injury to a person; or
2. 
Any animal which has once within the prior forty-eight-month period attacked, bitten, or otherwise caused a substantial injury to a person engaged in lawful activity.
"Primary enclosure"
means any structure used to immediately restrict an animal or animals to a limited amount of space, such a room, pen, run, cage, or compartment, exclusive of any kennel house.
"Protection dog"
means any attack-trained dog; 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.
"Registered owner"
means a person registered as the owner on a dog license or a person claiming ownership of an impounded animal and taking possession of it.
"Sanitize"
means to make physically clean and to remove and destroy, to the maximum degree that it is practical, agents injurious to animal or human health.
"Stray"
means an animal which is at large.
"Substantial injury"
means a substantial impairment of the physical condition of a person which 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; muscle tears, disfiguring lacerations or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
"Vaccinated dog"
means a dog inoculated with an approved, currently valid, antirabies vaccine, and wearing a current dog license tag indicating proof of such vaccination.
"Vicious dog"
means a dog which:
1. 
Has twice within a forty-eight-month period, bitten or has shown the disposition, tendency or propensity to attack, bite or otherwise cause injury to persons engaged in lawful activity;
2. 
Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or
3. 
Has been declared a "vicious dog" by the city or authorized agency pursuant to the provisions of this chapter.
(Ord. 175, 1990; Ord. 227 §§ 1, 2, 1994; Ord. 245 §§ 1, 3, 4, 1995)