20. 2nd reading reduce misdemeanor to infraction ordinanceORDINANCE NO. 09-2041
AN ORDINANCE OF THE CtifPERTINO CITY COUNCIL
AMENDING SECTIONS 8.01.030, 8.01.130 AND 8.03.010 OF
THE CUPERTINO MUNICIPAL CODE CHANGING THE
PENALTY FROM MISDEMEANOR TO INFRACTION
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
Sections 8.01.030, 8.01.130 and 8.03.010 of the City's ordinance code are hereby amended to
read as follows:
8.01.030 Animals Running at Large.
No person owning or having control of any animal shall permit such animal to stray or
run at large upon any public street or other public place, or common area of any planned
development, cluster, townhouse or condominium project, or upon any private property without
the consent of the owner or person in control thereof. flny person who violates the provisions of
this section shall be guilty of an infraction and upon conviction thereof shall be punished as
provided in Chapter 1.12.
8.01.130 Public Nuisance.
D. Any private person may maintain an action under Civil Code Section 3493 for
enforcement of this section declaring certain acts as a public nuisance, if such acts are
specifically injurious to that person. flny person who violates the provisions of this section shall
be guilty of an in, fraction and upon conviction thereof shall be punished as provided in Chapter
1.12_
8.03.010 Restraint of Dogs.
F. Dogs being trained for any of the: above described purposes on
private property with the permission of the landowner, so long as these dogs and are under the
direct control of the trainerlhandler. Any person -who violates the provisions of this section shall
be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter
1 _ I2.
Publication Clause
The City Clerk shall cause #his ordinance to be published at least once in a newspaper of
general circulation, published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36!33, and shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of publication,
to be entered in the Book of Ordinances of the Council of this City.
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Ordinance No_ 2041
Page 2
1NTRODL3CED at a regular meeting of the Cupertino City Council the 7th day of April
and ENACTED at a regular meeting of the Cupertino City Council the 21st day of April, 2009
by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
APPROVED:
City Clerk Mayor, City of Cupertino
PC/DLR/O/OA 2
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