Loading...
Ordinance 094 (revised)ORDINANCE NO. 9~+ (Revised) AN ORDINANCE OF THE CITY OF CUPERTINO ADOPTING AMENDMENTS TO THE SANTA CLARA COUNTY ORDINANCE CODE FOR THE CONTROL OF DOGS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 1:l:Regulations Section l.l: The City Council of the City of Cuper- tino does hereby adopt by reference those portions of the Santa Clara County Ordinance Code as amended that pertain to the control of dogs. Section 1:2: The specific sections so adopted are as follows and the provisions of which are attached hereto and made part hereof as Exhibit "A": TITLE 3 Rabies Control Operators 3. 1.2T~--12 TITLE ~- Chapter 3 ANIMALS Article 1 - Stray and Dead Animals .3.1-1 Taking up Stray Animals x+.3.1-2 Record of Impounded Animals ~-,3,1-3 Disposition of Impounded Animals ~. , 3,1-~- Care of Animals x,3,1-5 Fees for Keeping ~-.3.1-6 Reports (For County Use Only) x.,3,1-7 Disposal of Dead Animals ~-.3.1-7.1 State Property x+.3.1-7.2 Fees ~-.3.1-8 Vaccination of Dogs 4,3,1-g Diseased or Vicious Animals 1 10 ~ Destruction of Diseased or Vicious Animals - .3. - 4.3.1-11 Authority of Rabies Control Operator (Revised) ~-.3.1-12 Exhibit of Dog on Demand Article 2 - Doi Licenses ~}. 3, 2-1 - Owner ~-.3.2-2 License Tax 4,3,2-3 Exemptions from License Tax ~-,3,2-~ License Period 4,3,2-5 Penalty for Late Renewal of Licenses ~-.3.2-6 Vaccination as Condition to Issue License ~-.3.2-7 License Issue x+,3.2.-8 Metal Tags ~-,3,2-g Record of Licenses 4.3.2-10 Keeping Unlicensed Dogs ~-.3.2-11 Special Rabies License Tax Article 3 - General Regulations .3.3-1 Stray Animals 4.3.3-2 Taking Up Stray Animals 4.3.3-3 Redemption of Impounded Animals 4.3.3-~ Duty to Report Dog Bites 4,3,3-5 Disposal of Dead Animals Article ~- - Licensing of Dog Kennels and Pet Shops ,3, -1 Dog Kennels and Pet Shops 4 , 3-~--2 License Fee 4.3.4-3 Application for License 4,3,4-4 Duration of License 4,3,4-5 Renewal of License ~- , 3 , ~--6 Inspection 4,3,4-7 Revocation of License 4,3,4-8 License Not Transferable CHAPTER 4 FENA.LTY PROVISIONS 1. -1 Violations: Misdemeanors The County Health Officer, acting as Health Officer in and for the City of Cupertino is herE~by authorized and directed to enforce the provisions of the County Ordinance Code listed above in the City of Cupertino. SECTION 2. Urgency Cl~.use Section 2: 1: ately upon its passage as a immediate protection of the inhabitants of the City of Thiti; ordinance shall take effect immedi- n urgE~ncy measure, being necessary for the pu'pl3 c health, safety and welfare of the Cupertino for the following reasons: The Department of Public Health of the State of Cali- fornia has found that rabies exits in the County of Santa Clara and pursuant to law, has declared thE~ County as a rebies endemic area. To prevent the spread of rabies among animals, and to avoid the possibility of human beings becoming infected. with the disease, it is imperative that all dogs in the City of Cupertino be vaccinated with anti-rabies vaccine. It is necessary that tY~is ordinance take effect at the earliest possible moment to reduce the above described danger of infection and spreadcf rabies among animals and., possibly, human beings, and to eli- minate the aforementioned hazards which threaten the public peace, health and safety. SECTION 3. Severabilit-y Clause Section 3:1: If ~.ny section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be un- constitutional, such decision sh~.ll not affect the validity of the remaining portions of this ordin~.nce. The legislative body hereby declares that it would have passE~d this ordinance and each section, subsection, sentence, clause or X~hrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitL~tional. SECTION 4: Publishing Clause Section ~:1: The City Clerk is hereby authorized and instructed to cause a certified copy of this ordinance to be published at least once within fifteen (15) days after its enactment in the Cupertino Courier, the official newspaper of the City, published and circulated within the City. INTRODUCED AND ENACTED, at a regular meeting of the City Council of the City of Cupertino, this 6th day of Novem'per, 1961, by the following vote: AYES: Councilmen: Jewett;, Pelosi, Saich, Benetti NOES: Councilmen: None ABSENT: Councilmen: LazanE'o A PPROVED: Mayor, Cit;r of Cupertino ATT T: City Clerk Article 2 - Dog Licenses 4.3.2-l: Owner As used herein, the term "Owner" shall mean lawful owner of a dog or any person harboring or keeping a dog for ten or more consecutive days. 4.3.2-2: License Tax A dog license tax of $2.00 per annum shall be paid for each dog within the City, except that the tax for a license pur- chased more than sixty (60) days after any notice to the owner to obtain a license shall be 4.00. The owner of any dog not exempt from the tax shall be personally liable for the said tax. 4.3.2-3: Exemptions from License Tax The following are exempt from the requirement for license: (a) Dogs less than 120 days old. (b) Dogs owned by a non-resident of the City traveling through or temporarily sojourning therein for not more than 15 days. (c) Dogs temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than 15 days thereafter. (d) Dogs on sale in duly licensed pet shop or dog kennel where they are kept enclosed at all times. (e) Dogs honorably discharged or released from the services of the Armed Forces of the United States and dogs princi- pally used for the purpose of leading persons with de- fective eyesight, except that licenses and tags shall be issued for such dogs upon request without charge. 4.3.2-4: License Period Dog licenses shall expire on the first day of the twelfth month after purchase. Dog licenses shall be renewed upon expiration, and the license period for dogs licensed for the first time may commence at any time during the year. When a license is renewed after the expiration date, the new license period shall begin on the expi ration date of the previous period. 4.3.2-5: Penalty for Late Renewal of Licenses The tax for dog licenses purchased more than sixty (60) days after the previous license period has expired shall be 4.00. 4.3.2-6: Vaccination as Condition to Issue of License Prior to the issuance of any license, it shall be necessary that the dog licensed shall be vaccinated with anti-rabies vaccine approved by the United States Department of Agricul- tural Research effective and recent enough to provide protec- tion against rabies for the license period. 4.3.2-7: License Issue Upon payment of the license fee and the presentation of a certificate of vaccination by a duly licensed Doctor of Veter- inary Medicine, the County Health Officer shall issue a license stating the name and resident of the person to whom the license is issued, the amount paid, the date of issuance and expira- tion thereof, the date of expiration of the vaccination, and a description of the dog for which such license is issued, to- gether with the number of the metallic tag accompanying the same. 4.3.2-8: Metal Tags With each dog license the County Health Officer shall issue a metal tag bearing an identifying number and the words and letters "S. C, CO, DOG LICENSE:. Each dog shall wear the metal tag issued it when not indocrs, penned, or enclosed. 4.3.2-9: Record of Licenses The County Health Officer shall keep a record of all licenses issued by him together with a description of the dof for which such license is issued. 4.3.2-10: Keeping Unlicensed Dogs No person shall have, harbor or keep any unlicensed dog in the City, or permit or allow any unlicensed dog to remain on any premises under his control or in his posses- sion contrary to the provisions of this article. 4.3.2-11: Special Rabies License Tax Whenever the State Department of Public Health determines that a rabies epidemic exists in the County, a special additonal dog license tax as provided in Section 1912, 1913, and 1914 of the California Health and Safety Code shall be imposed as provided therein. Article 3 - General Regulations 4.3.3-1: Stray Animals Ni person in the City owning or having control or custody of any licensed or unlicensed dog or any other animal shall cause, permit or allow the same to be at large or to stray or wander into any school yard, school building, public playground, or upon any public highway or street, or upon any private place or property without the consent of the owner or person in control thereof. 4.3.3-2: Taking up Stray Animals Any person who finds any animal which has strayed or is running at large upon his property or any other place contrary to the provisions of this Chapter may take pos- session of and hold the same, provided, however, that he shall be o'pligated to notify the Rabies Control Operator or the Sheriff of the fact that he has such animal in his possession within six (6) hours after securing possession thereof, and give such Rabies Control Operator or Sheriff full information in regard to the same, and surrender the same to the Rabies Control Cperator upon demand. 4.3.3-3: Redemption of Impounded Animals The owner or person entitled to the custody of any animal taken up or impounded may at any time before the disposal thereof by the Rabies Control Operator redeem such animal by paying to such Rabies Control Operator, the fees, charges and in the case of dogs, the license tax prescribed by this Chapter accruing up to the time of such redemption. 4.3.3-4: Duty to Report Dog Bites It is here'py made the duty of any person having knoTntledge that any dog has bitten any human being within the limits of the City to immediately report that fact to the Rabies Control Operator, County Health Officer, or to the Sheriff with full information in regard to the incident. 4.3.3-5~ Disposal of Dead Animals When any dog or other animal or fowl owned by or in the custory or control of any person dies in the City, such person shall, within twenty-fot~ (24) hours, provide for the burial, incineration, or other disposition of the body of such dead animal or fowl in a safe and sanitary manner, or said person may request the Rabies Control Operator to dispose of said animal or fowl, and in such event shall pay a fee for such disposal as fixed by the County Health Officer. Article ~- - Licensing of Dog Kennels and Pet Shops 4.3.4-1: Dog Kennels and Pet Shops The term "dog kennels':' or "pet shops" (as used herein, whether in the singular or plural) shall mean any build- ing, structure, enclosure or premises whereupon or within which four (4) or more dogs are kept or maintained for any purpose or reason whatsoever. The term shall not include, nor shall this Article be applicable to, dogs under 120 days of age. 4.3.4-2: License Fee Any person, firm, or corporation owning or operating a dog kennel or pet shop shall pay an annual license fee of 10.00 to the County Health Officer. 4.3.4-3: Application for License An application for a license to operate a dog kennel or pet shop shall be made in wrttin to the County Health Officer. Nor later than ten (10~ days after receipt of the application by the County Health Officer, the County Health Officer shall make, or cause to be made, an exami- nation of the dog kennel or pet shop for which said license is requested. No license shall be issued, nor shall any license be renewed, unless and until the dog kennel or pet shop shall, in the opinion of the County Health Officer, satisfactorily meet each of the following conditions: 1. The dog kennel or pet shop is constructed equipped and maintained so as to continuously provide a healthful and sanitary environment for the animals kept, or to be kept therein. 2. There is adequate shelter from the elements and suf- ficient space for exercise. 3. There is ample and healthful food and potable water and adequate sanitary facilities for storage of the same. 4. There is adequate drainage facilities and satisfactory sanitary disposal of both natural precipitation and animals wastes of all kinds. 5. There is adequate and effective means of control of insects and rodents and such control is vigorously maintained at all times. Failure of the applicant for said license to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any license, whether original or renewal. ~-.3.4-~F: Duration of License Any license issued under this Article shall expire at the end of the calendar year in which the license is issued. Any license issued before the effective date of this Ordinance shall expire one year from the date issued or on June 30, 1961, whichever is the first to occur. Renewal of License The procedure for the renewal of any license shall be sub- ject to the same conditions and shall be done in the same manner as the issuance of an original license, provided, that the fee for the renewal of any license which expires on June 30, 1961, shall be 5.00. 4.3.E--6: Inspection: The County Health Officer shall have authority to enter upon any area or premises in which a dog kennel or pet shop is located for the purpose of the enforcement of this Article. 4.3.4-7: Revocation of License The County Health Officea~ may revoke any license issued pursuant to this Article whenever he shall determine from an inspection that any dog kennel or pet shop fails to meet all the conditions contained in Section ~F.3.~--3. Any revocation of a license shall be effective until all con- ditions of Section 4.3.4-3 have been met and complied with to the satisfaction cf the County Health Officer and written notice of this fact has been given to the licensee. Upon receipt of such notice the license shall be deemed in full force and effect for the remainder of the original term for which issued. License Not Transferable Licenses issued pursuant to this Article shall not be transferable. I, LAWRENCE K. MARTIN, City Clerk: of the City of Cupertino and ex- officio clerk of the legislative body of said City do hereby certify that the foregoing is a true and correct copy of Ordinance No. 94 (Revised) on file in my office and that the same has been published pursuant to law. III WITNESS W~I have he eunto set my hand and City Seal this ~.. day o f ~ , 19 ~~' . ~ ~ ~. ~~ City Clerk