Ordinance 1116i ~
ORDlilAtICE t30. 1116
All ORDINMtCE OF T1tE CITY WUt1CII, OF T'HE CITY OF
CUPERTIt70 Ah1ENDIt7G CIIAPTIiR 8.08, At7ItIAL AiID RABIES -
CONTROL, OF T}IE CUPERTINO iRJNICIPAL CODF.
TILE CITY COUi1CIL OF THE CITY OF CllPF.RTINO, .STATE OF CALIFORIIIA, DOES
ORDAIN THAT THE FOLLOWING ADDITIONS SHALL BE MADE TO CHAPTER 8.08 OF TfIF•.
CUPERTIIJO MUIIICIPAL CODE:
Section 8.08.080 Animal Bites: Quarantine, violation, and examinations
C. The administrator may charge a fee for inspection and ordering of
quarantine of any dog within the County of Santa Clara in the
amount of $20.00 for each quarantine order. Any fee charged shall
be paid by the owner or person who has legal custody of the dog.
Such a fee shall be in addition to the. actual costs of the health
• officer in housing„ feeding and othetwise caring for a quarantined
dog.
The administrator may waive the inspection and quarantine order fce
in the cases of hardship; where the dog is only suspected of having,
bitten a person; dogs used by the government law enforcement personnel;
guide dogs for the blind and hearing dogs for the deaf; dogs that have
bitten any person who is not legally on the property of the owner of
the dog. Hardship shall be determined by the administration on the
basis of the following standard: hardship is a proven inability to
meet ongoing .family expenses for the necessities of life; that is,
food, clothing and shelter.
Section 8.08.085 Permit required for dangerous or vicious animal --
Exceptions.
.The owner of a vicious and/or dangerous animal shall poet the entrances
to the property where the animal is kept with a legible sign at leas[
twelve (12) inches square, warning persons of a vicious and/or
dangerous animal.
Section 8.08.100 Dead anieals.
C. No fee shall be charged to the oetner or person in charge of a dead
Jog or cat if that person has attained the age of sixty-five (65)
years.
Section 8.08.270 License Fees.
Prepayment of two consecutive one-year dog license fees (except spayed.
or neutered) shall be $20.00; prepayment of two consecutive one-year
dog license for spayed or neutered shall be $10.00. A person raising
and training a dog for service as a guide dog for a blind person may
be issued, one time only, a one-year dog license without charge,
provided .that the person raising the dog is not receiving renumeration
for doing so; that the dog is owned by a nonprofit corporation,
licensed by the State of California, for or engaged in the business
of prnviding trained guide dogs for blind people; and that the person
raising and training the particular doF in nues[ion can present accep-
table documentation of these facts.
Section 8.08.330 Veterinarian Responsibilities.
Every veterinarian shall submit to the .licensing authority a copv of
the County-approved anti-rabies vaccination form within ten (10) days
of the beginning of each month for any dog which he vaccinates or
directs to be vaccinated with anti-rabies vaccine during the previous
month.
The City Council further ordains that:
Section 8.08.040 Definitions shall be amended to read:
Section 8.08.040 Definitions. R•(2) shall be. amended to read:
R. Vicious animal: Any animal, except a dog assisting a peace officer
engaged~in law enforcement du[iea~ which demons[iates~any or all-of
the following behavior, is rebuttably presumed vicious:
(2) An attack, without provocation, or another animal or livestock
which occurs off the property of the owner of the attacking
animal
Section 8.08.220 lmpoundmenC hearing shall have deleted:
"The purpose of the hearing shall be to determine whether the rights of
ownership and control of the animal must be taken from its owner in
order to preserve the public safety and health."
and the following shall be added:
"The administrator, according to this chapter, may deride that the owner
of the animal will lose all rights of ownership and control of the animal,
and may order that the animal will be destroyed after the animal has
bitten or injured a person once, He may declare an animal to be vicious
or dangerous as defined in this chapter. He may require the owner before
the animal is released to his custody to obtain a permit and eiPn an
agreement which contains conditions, such as, but not limited to, the
following. The owner agrees as a condition of the animal's release to him:
(1) To keep the animal confined on his premises in an enclosure approved
' by the administrator;
(2) To keep the animal securely muzzled, leashed and under the control
of a person eighteen (18) years of age or older, and who is physically
capable of restraininE the animal when the animal ie off his property;
(3) A violation of this agreement will result in the animal being impounded
and destroyed;
(4) To prove financial responalbility by posting a bond or certificate
of insurance for the amount of ten thousand dollars ($10,000), or
more; and
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(5) To inform, along with animal control, any city, county, postmaster,
utility company meter readers, and anyone else that comes on the
property with implied consent or peaceably and lawfully of the
animal's viciousness if the animal is moved into an area.
Any violations of this agreement or this chapter is a misdemeanor, which
may result in the prosecution of the person by the District Attorney or
City Attorney.
The City Council further ordains that in Section 8.08.220 Impoundment
hearing, "Strict rules of evidence shall not apply" shall be amended to read,
"strict rules of evidence need not apply."
ItiTRODUCED at a regular cieeting of the City Council of tha City of
Cupertino this 1nr day of tnpg , 1981 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 75rh day .of
J„„~ , 1981 by the following vote:
Vote Members of the Cit~r Council
AYES:. Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor,'City o upertino
ATTEST:.
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(P"Za~.P~
City Clerk
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