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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: L j~ ~fi ~~9.oc,~'.Y~"I~oG ~ -City Cle c uty