a.“Animal Control Officer” and “animal control department” means the City of Monterey Police Department and its personnel, or other department or personnel assigned by the Police Chief or City Manager the function of animal control.
b.“Enclosure” means a fence or structure equipped with a lock, suitable to prevent the entry of children at all times, and suitable to confine a vicious dog and prevent escape in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure must be consistent with Section 597t of the California Penal Code, adequately lighted and ventilated, and kept in a clean and sanitary condition.
c.“Hearing officer” means the person designated by the City Manager to hear matters pursuant to Section 1-9.6, or such other person that the City Manager may designate for a hearing pursuant to this division.
d.“Impounded” means taken into the custody of the animal control department, public animal shelter, or provider of animal control services to the City.
e.“Potentially dangerous dog” means any of the following:
1.Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner or keeper of the dog.
2.Any dog which, when unprovoked, causes an injury to any person, less severe than a “severe injury” as that term is defined herein.
3.Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal on or off the property of the owner or keeper of the dog.
f.“Police Chief” means the Chief of the Monterey Police Department, or the Chief’s designee.
g.“Severe injury” means any physical injury to a human being that results in laceration, bruises, muscle tears, or similar conditions.
h.“Vicious dog” means any of the following:
1.Any dog that, when unprovoked, inflicts severe injury on or kills a human being.
2.Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior or commits another act described in subsection (e) of this section, or is maintained in violation of any previous order determining that the dog was vicious or potentially dangerous. (Ord. 3629 § 5, 2020)