Ordinance 1188• ORDINANCE N0. 1188 •
AN ORDINANCE OF THE CITI' OF CUPERTINO AMENDING CHAPTERS
8.08.070 and 8.08.200 OF T!!E CUPERTINO MUNICIPAL CODE
RELATING TO ANIMALS AND DECLARING THE URGENCY THEREOF
The City Council of the City of Cupertino does ordain that Section 8.08.070
and 8.08.200 of the Cupertino Municipal Code are amended to read as follows:
8.08.070 Condition Related only to seizure of Dogs Running at large.
An animal control officer shall not seize or impound a dog for running at large
under provisions of this Chapter when the dog has not strayed from and is upon private
property owned by the dog owner or the person who has a right to control the dog, or
upon private property to which the dog owner or person who has a right to control the
dog has a right of possession.
A dog that has strayed from but then returned to the private property of its
owner or the person who has a right to control the dog shall not be seized or impounded
merely for violation of [his Chapter, but in such a case a citation for such violation
may be issued; provided, however, that if in such situation the owner or the person
who has a right to control the dog is not home, the dog may be impounded, but the
officer shall. post a notice of such impoundment on the front door of the living unit
of the owner or person who has a right to control the dog. Such notice shal]. state
the following: that the dog has been impounded, where the dog is being held, the
name, address, and telephone number of the agency or person to be contacted regarding
release of the dog. and an indication of the ultimate disposition of the dog if no
action to regain it is taken within a specified period of time by its owner or by the
person who has a right to control the dog.
This section shall not otherwise affect the authority of an animal control
officer to seize or impound a dog or issue citations as a result of the violation
of sections of the Chapter.
8.08.200 Summary Seizure and Post-seizure Hearing.
(a) Except as provided in Section 8.08.070, an animal control officer may seize
and impound an animal for violation of any provision of this Chapter or state law
prior to a hearing in any of the following situations where the owner is not present
and where the officer reasonably believes it is necessary.
(1) To protect public health, safety and property;
(2) To protect an animal which is injured. sick or starving and must be cared
for; and
(3) To protect an animal from injury which has strayed onto public property
or public right-of-way.
(b) Even when the person owning or having charge of an animal is present an
animal he reasonably believes to be infected with disease transmittable to man or to
be vicious so as to be a menace to public health or safety. Such seizure or impound-
ing may be made even though the animal is at the time of seizure confined by the
person owning or having charge of the animal if the animal control officer reasonably
, believes that such seizure and impoundment ie necessary to protect the public health
or safety.
(c) If the owner or person who has the right to control the animal wishes to
ORDINANCE N0. 1188 •
cirrrllenge [he lmpoundment, he shall personally deliver or mail a written request
fur a hearing such that it is received by the administrator within seventy-two (72)
hours of the seizure and impoundment.
(d) The administrator shall promptly set the time and place for the trearing
before him and shall cause notice of such hearing to be deposited in the mail to
the party requesting a hearing at least five (5) days before the date of the hearing.
(e) The hearing shall be conducted as set forth in the section 8.08.226.
Urgency: This ordinance shall take effect imarediately upon enactment as an urgency
measure to protect the public from possible vicious and/or dangerous animals by
providing for seizure when necessary to protect the health, safety and general welfare
of the inhabitants of the City of Cupertino.
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of
Cupertino this 18th. day of Auauat , 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
yor, ty of Cup
o Te ore
ATTEST:
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