Ordinance 1644' _
ORDINANCE 1644
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO REPEALING TITLE 8
OF THE CUPERTINO MUNICIPAL CODE RELATING TO ANIMALS AND
ENACTING A NEW TITLE 8 "ANIMALS"
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
SECTION I
Title 8 of the Cupertino Municipal Code, consisting of Chapters 8.01 through
8.07 are hereby repealed in their entirety and a new Title 8 to be entitled
"Animals" including Chapters and Sections are hereby enacted to be numbered
and entitled and to read as follows:
SECTION II
Chapter 8.01 General Provisions
Section 8.01.010. Definitions.
The words and terms used in this Chapter shall have the following meanings
unless the context clearly indicates otherwise.
(a) Animal Any live vertebrate creature, domestic or wild, except fish.
(b) Animal control officer. Any person authorized to act on behalf of the City
Manager in the enforcement of this chapter, and on behalf of the County
Health Officer in the enforcement of rabies control laws.
(c) Animal menagerie: Any place where dangerous animals are kept or
maintained for any purpose, including places where dangerous animals
are boarded, exhibited, trained, or kept for hire.
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(d) Animal shelter. A facility operated by a public jurisdiction or by an
accredited tax- exempt humane organization for the purpose of
impounding, harboring, selling, placing, or destroying seized, stray,
distressed, homeless, abandoned, or unwanted animals.
(e) Cah A domestic cat
(f) Commen:ial kennel: Any person engaged in the commercial breeding of
dogs and/or cats, or both, for sale, individually or in litter lots; or in the
boarding, training, sale or hire of dogs and/or cats for compensation,
except that animal hospitals maintained by a veterinarian licensed by the
State of California as part of the practice of veterinary medicine, animal
shelters, or private kennels shall not be considered commercial kennels.
(g) Dangerous animal: Any wild, exotic, or venomous animal, or other animal
which because of its size, disposition, or other characteristic would
constitute a danger to persons or property.
(h) Dog: A domestic dog
(i) Grooming parlor. Any commercial place where animals are trimmed,
bathed, or groomed.
(j) Health o~cer. The director of public health or any person authorized to
act on his or her behalf.
(k) Horse establishment: Any person keeping three (3) or more horses,
donkeys, mules, Jack, hinny, jenny burros, or ponies for any or all of the
following purposes:
(1) For hire to be ridden or driven;
(2) For giving riding instructions;
(3) For boarding with compensation.
(I) Owner: Any person who acknowledges ownership of an animal or who
harbors or keeps an animal for five (5) or more consecutive days.
(m) Manager or City Manager. The City Manager of Cupertino or any person
authorized or designated by the City Manager to act on the City
Manager's behalf.
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(n) Person: Any individual, establishment, firm, association, organization,
partnership, trust, corporation, or company.
(o) Pet shop: A person who obtains animals for sale, exchange, barter, or
hire to the general public as a principal or agent, or on consignment, or
who holds himself or herself out to be so engaged.
(p) Private kennel: A person who maintains within or adjoining his or her
private residence three (3) or more dogs over four (4) months of age, or
three (3) or more cats over four (4) months of age, but no more than a
combined total of five (5) dogs and cats; such animals to be for that
person's recreational use or for exhibition in conformation shows, field or
obedience trials and where the sale of offspring is not the primary function
of the kennel. The maintenance of more than two (2) male dogs or cats
used for breeding purposes for which compensation is received, or the
parturition and rearing of more than two (2) litters of dogs or cats in any
one (1) calendar year from the total number of females owned or
maintained by that person on the premises, shall be a rebuttable
presumption that such animals are owned or maintained for the purposes
of commercial breading; and the owner of the premises shall be subject to
the permit requirements of a commercial kennel.
(q) Quarantine: Isolation of an animal in a place and manner approved by
the health officer.
(r) (1) Potentially dangerous dog: Any dog, except a dog assisting a
peace officer engaged in law enforcement duties, that:
a. Without provocation, inflicts bites on a human, or a domestic
animal while on public or private property;
b. Without provocation, chases or approaches humans or
domestic animals or livestock on the streets, sidewalks or
any public grounds in a threatening manner or apparent
attitude of attack;
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c. Has a known propensity, tendency or disposition for
unprovoked attack, causing injury and threatening the safety
of humans or domestic animals; or
d. Has been specifically trained to guard persons and/or
property.
(2) Dangerous dog: Any dog, except a dog assisting a peace officer
engaged in law enforcement duties, that:
a. Has inflicted severe injury on a human or domestic animal
on public or private property; or
b. Has, after having been designated potentially dangerous,
engaged in the same behavior that resulted in that
designation.
Section 8.01.020. Chapter not to regulate use of land.
This Chapter is not intended to regulate the use of land. Other provisions of the
Cupertino Municipal Code regulate the number and types of animals and animal
establishments that may be maintained in specific zoning districts. Nothing in this
Chapter is intended to supersede any provision of the City's Zoning Regulations.
Section 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 upon any private
place or property or common area of any planned development, cluster, townhouse or
condominium project, without the consent of the owner or person in control thereof.
Section 8.01.40.Conditions related only to seizures of dogs running at large
(a) An animal control officer shall not seize or impound a dog for running at
large in violation of section 8.03.010 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.
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(b) 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 section 8.03.010, but in such a case a citation for
such violation may be issued; provided, however, that if in such a situation, the owner
or the person who has a right to control the dog is not at 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. This notice
shall 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.
(c) 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 Title 8
other than section 8.01.040.
Section 8.01.050. Animal bites, quarantine, violation and examinations.
(a) Any person having knowledge that any animal is known to have or is
suspected of having bitten any person shall immediately report that fact to the animal
control division or health officer with full information with regard to the incident.
(b) Upon receipt of such a report, an animal control officer will seize and
quarantine such animal for a period of fourteen (14) days or such other period as may
be prescribed by the State Department of Health. The health officer may order the
owner to quarantine the animal on the owner's premises.
(c) Any person who fails, refuses or neglects to quarantine any animal as
ordered by the health officer, or who refuses to allow the health officer to inspect any
private premises where the animal is kept, is guilty of a misdemeanor. No animal shall
be removed or released during the quarantine period without written permission of the
health officer.
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(d) The City Manager may charge a fee, as set forth in a resolution of the City
Council or Board of Supervisors, for the City's and County's costs of quarantining
animals and inspections for quarantine of animals. Any fee charged shall be paid by
the owner or person who has legal custody of the animal. Such a fee shall be in
addition to the actual costs of the health officer in housing, feeding and otherwise caring
for a quarantined animal.
(e) The head of any animal that dies or is destroyed while under quarantine
shall be submitted to the laboratory of the County Health Department for rabies
examination.
Section 8.01.060. Diseased animals.
(a) The owner or person with the right to control any animal that the person
knows to be infected with any disease transmittable to humans shall not permit that
animal to remain within the County other than at a veterinary hospital approved by the
health officer, unless the health officer expressly approves an alternate means of
confinement.
(b) The animal control officer will seize any animal to be infected with any
disease transmittable to humans. The animal control officer will keep such animal in a
safe place for a period sufficient to observe examination and determined whether such
animal is diseased. Animals found to be diseased may be destroyed.
Section 8.01.070. Dead animals.
(a) Upon the death of any animal, the owner or person in charge thereof shall
provide for the burial, incineration, or other disposition of the body of such animal. If the
owner or person in charge of any dead animal is unable to provide for burial or other
disposition, he or she may request the animal control officer to dispose of the body of
such animal.
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(b) Upon teaming that the body of a dead animal has not been disposed of in
a safe and sanitary manner, the animal control officer will remove the animal's body
immediately; provided, however, that the animal control officer shall not be required to
remove and dispose of bodies of dead animals on state highways or on state property.
Before disposing of the body of a dead animal, the animal control officer will give notice
to the owner of the animal, if known, within seventy-two (72) hours of the time that the
dead animal is removed.
(c) The City Manager will collect a fee sufficient to defray the costs incident to
removal and disposal of dead animals which shall be paid by the owner or person in
charge thereof, if known; but no fee shall be charged to the owner or person in charge
of a dead dog or cat if that person has attained the age of sixty-five (65) years.
Section 8.01.080. Abandoned animals.
It is unlawful to abandon any animal in the City.
Section 8.01.090. Animals in City buildings.
No person having the control or care of any animal or animals shall suffer or
permit any such animal to enter or remain in City-owned or-managed buildings other
than a building used for the purpose of care, detention, space control or treatment of
animals, or a building used for training classes, shows or exhibitions, except persons
who are blind or deaf and who use dogs for guidance, or persons expressly authorized
by the City Manager.
Section 8.01.100. Authority of City Manager and animal control officer.
The City Manager and animal control officer shall have the following power and
authority:
(a) To enforce the provisions of this Title and State laws relating to the care,
treatment, impounding and destruction of animals.
(b) To arrest any person who violates any provision of this Tdle in the manner
provided by section 836.5 of the Penal Code.
(c) Animal control officer to issue citation pursuant to section 6078 of the Civil
Code.
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(d) To act as a public officer pursuant to Food and Agricultural Code section
7.
(e) The City Manager may formulate rules and regulations in conformity with
and for the purpose of carrying out the intent of this chapter. Such rules
and regulations shall have the same force and effect as this ordinance
when adopted by the City Council and any violation shall be deemed an
infraction.
(f) Pursuant to Civil Code section 6078, the City Manager may deputize as
an animal control officer any humane officer of the Humane Society of
Santa Ctara Valley.
Section 8.01.110. Inspection by animal control officer.
(a) The City Manager and/or an animal control officer shall have the power to
enter upon and inspect any premises where any animal is kept or harbored when such
entry is necessary to enforce the provisions of this chapter. An inspection or search
warrant will be obtained whenever required by law.
(b) This entry and inspection will be made only after the occupant of the
premises, if any, has been given written or oral notice of the inspection by the City
Manager and/or an animal control officer. If the land is unoccupied, the City Manager
and/or animal control officer will make a reasonable effort to locate the owner or other
person having control of the property before making entry.
(c) Notwithstanding the foregoing, if the City Manager and/or an animal
control officer has reasonable cause to believe the keeping or maintaining of any
animal is so hazardous as to require an immediate inspection to save the animal or
protect public health or safety, the City Manager and/or animal control officer shall have
the power to immediately enter and inspect the property with the use of reasonable
force. If the property is occupied in such a circumstance, the City Manager and/or an
animal control officer will first attempt to notify the occupant and demand entry. Failure
or refusal to permit such an inspection constitutes a misdemeanor.
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Section 8.01.120. Poisoning and abusing dogs cats or other domestic
animals.
In addition to Penal Code section 596, it shall be unlawful for any person to
willfully administer poison to any dog, cat, or other domestic animal or to willfully place,
expose or leave poisonous or harmful substances of any kind in any place with intent to
injure or kill any dog, cat, or other domestic animal. Further, it shall be unlawful for any
person to maliciously kill, maim, wound, mutilate, torment, torture, or physically abuse
any animal.
Section 8.01.130. Public nuisance.
(a) No person owning or having control of any animal shall permit the animal
to do any of the following:
(1) Defecate or urinate on private property (other than that of the
owner or the person having control of the animal);
(2) Defecate on public property without immediately removing the
excrement to a proper receptacle;
(3) Permit an animal to obstruct or interfere with the reasonable and
comfortable use of property by chasing vehicles, molesting
passersby, barking, howling, baying, or making any other noise;
(4) Permit unsanitary conditions to exist on the premises where that
animal is kept that would cause odors, attract flies or vermin, or
otherwise be injurious to public health and safety, or be indecent,
or offensive to the senses, or be such an obstruction to the flee use
of property so as to interfere with the comfortable enjoyment of life
or property by other persons.
(b) The animal control officer may seize and impound any animal causing or
creating a public nuisance.
(c) A violation of this section is hereby declared to be a public nuisance.
(d) Any private person may maintain an action under Civil Code section 3493
for enforcement of this section declaring certain acts a public nuisance, if such acts are
specifically injurious to that person.
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Section 8.01.140. Animals and vehicles.
(a) Other than an individual then actually in the process of working a dog or
other animal for ranching purposes, no person shall transport or carry an animal in a
motor vehicle, unless the animal is safely enclosed within the vehicle by means of a
container, cage, or other device that will prevent the animal from falling from, jumping
from, or being thrown from the motor vehicle.
(b) No person shall leave any dog or other animal in an unattended motor
vehicle without adequate ventilation or in such a manner as to subject the animal to
extreme temperatures that may adversely affect the health or well-being of the animal.
Section 8.01.150. Reserved.
Section 8.01.160. Use of steel traps in urban service areas prohibited.
No person shall use aleg-hold steel-jawed trap, steel-jawed trap, or steel leg-
hold trap, as defined in Fish & Game Code section 4004, in any urban service area
boundary, as defined in Government Code section 56080.
CHAPTER 8.02
IMPOUNDMENT OF ANIMALS
Section 8.02.010. Fees for impounding and keeping.
(a) An impoundment fee shall be charged to the owner of animal impounded,
in an amount fixed by resolution of the City Council.
(b) In addition, a fee for keeping an impounded animal shall be charged in an
amount sufficient to defray the costs of keeping the animal, as determined by the City
Manager.
Section 8.02.020. Redemption of impounded animals.
The City Manager or animal control officer may permit an owner or other person
entitled to custody of an impounded animal to redeem the animal. No animal may be
redeemed without payment of the fees for impounding and keeping the animal, and
without compliance with the licensing provision of this chapter.
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Section 8.02.030. Notification of impoundment.
The animal control officer shall give notice of impoundment to the owner of every
animal impounded, if he or she is known.
Section 8.02.040. Disposition of impounded animals.
(a) No animal may be disposed of until seventy-two (72) hours have elapsed
from the time of impoundment, exclusive of the day of impoundment and the days that
the impounding facility is closed to the public.
(b) Notwithstanding anything to the contrary, an animal which has been
determined by a veterinarian licensed by the State of California or by other authorized
personnel to be diseased or injured to the extent that emergency veterinary care will not
alleviate intense suffering will be destroyed in accordance with all State and County
humane laws as soon as possible.
Section 8.02.050. Reserved.
Section 8.02.060. Summary seizure and post-seizure hearing.
(a) Except as provided in section 8.01.040, an animal control officer may
seize and impound an animal for violation of any provision of this Title 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 health, safety and property; or
(2) To protect an animal that is injured, sick, or starving and should be
cared for.
(b) Even when the person owning or having the right to control any animal is
present, an animal control officer may seize or impound any animal that the officer
reasonably believes to be infected with disease transmittable to humans or to be
potentially dangerous or dangerous so as to be a threat to public health, safety or
property. Such seizure or impoundment may be made even though the animal is
confined at the time of the seizure or impoundment.
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(c) If the owner or person with the right to control the animal wishes to
challenge the seizure or impoundment, he or she shall so advise the City Manager, in
writing, within seventy-two (72) hours after the seizure or impoundment.
(d) The City Manager will promptly set the time and place for the hearing and
will cause notice of such hearing to be mailed to the requesting parry no later than five
(5) days before the hearing.
(e) The hearing will be conducted as set forth in section 8.08.08.
Section 8.02.070. Hearing prior to animal deprivation.
(a) Except as provided in sections 8.02.060, the City Manager or animal
control officer may not seize or impound any animal, without the consent of the owner
or person entitled to custody of the animal, unless apost-seizure appeal hearing is
scheduled and held as set forth in section 8.02.080.
(b) If the owner or person who has a right to control an animal refuses to
consent to an impoundment of his or her animal, the animal control officer may issue a
notice
commanding the person to appear before the City Manager at a set time. Failure of a
person to appear at the hearing may result in the animal control officer immediately
seizing and impounding the animal
Section 8.02.080. Appeal hearing.
(a) At the appeal hearing, the petitioner and the City may be represented by
counsel, may present oral and written evidence, and may cross-examine witnesses.
Technical rules of evidence shall not apply. Any relevant evidence may be admitted as
determined by the hearing officer.
(b) After submission of all the evidence, and not more than fifteen (15) days
after the hearing, the City Manager may order the animal released without conditions,
may designate the animal potentially dangerous or dangerous and order release with
conditions, may order the animal destroyed, or may make other orders as the Manager
determines appropriately fulfills the needs of the animal and the safety of the public
based on the weight of the evidence.
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The decision of the City Manager shall be final. Any release conditions imposed by the
City Manager, which may include but shall not be limited to spaying and neutering, shall
be solely in the interest of protecting public health, safety, and property.
Section 8.02.090. Failure to appeal impoundment
Any person who fails to appeal any seizure or impoundment by the animal
control officer under this Chapter within seventy-two (72) hours from impoundment as
specified in section 8.08.060 shall forfeit all rights of ownership and control of the
animal. All rights of ownership and control shall be transferred to the City. Final
disposition of the animal shall be determined in accordance with the provisions of this
Title and State law.
Section 8.02.100. Adoption of animals.
(a) Any person adopting an unspayed or unneutered dog or cat from any
humane society animal shelter, public pound or society for the prevention of cruelty to
animals shelter in the County of Santa Clara shall have said animal spayed or neutered
on or before a date specified in the adoption agreement unless a licensed veterinarian
states in writing that the date specified in the adoption agreement is inappropriate for
the animal in question. On submission of such written statement to the person at such
shelter or pound responsible for ensuring compliance with this section, the adoption
agreement will be modified accordingly.
(b) As a condition for adoption, the person adopting an animal may be
required to deposit with the pound or shelter an amount sufficient to cover the cost of
spaying or neutering such animal by a veterinarian or spaying or altering clinic
designated by the person adopting the animal. The deposit shall be forwarded to the
veterinarian or clinic upon receipt by the pound or shelter of a notice from the
veterinarian or clinic that the cat or dog has been spayed or neutered.
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CHAPTER 8.03
DOGS AND CATS
Section 8.03.010. Restraint of dogs.
(a) The owner or person with the right to control any dog shall keep such dog
under his or her own physical restraint by means of a leash not to exceed six (8) feet in
length, or shall keep such dog confined behind a fence not less than six (8) feet high.
(b) In addition to subsection (a) above, a sign advising of the presence of a
potentially dangerous dog shall be posted at the entrance to every place wherein any
such dog is confined. The sign shall be capable of being understood by a child with
normal reading skills of a second grader.
(c) Notwithstanding subsections (a) and (b) above, the owner or person with
the right to control a dangerous dog shall:
(1) Keep the dog under his or her own physical restraint by means of
both a leash not to exceed six (B) feet in length and a muzzling
device;
(2) Maintain for the dog an enclosed and locked pen or kennel having
secured sides and a secured top attached to the sides, and having
a secure bottom or floor attached to the sides, or with sides
embedded not less than two (2) feet into the ground, behind a
fence not less than six (8) feet high; '
(3) Ensure that when the dog is in a house, apartment, building or
similar structure, that the windows and doors of same are secured
to prevent the dog from exiting without the assistance of the owner
or person with the right to control such dog; and
(4) Post a sign advising of the presence of a dangerous dog at the
entrance to every place wherein any such dog is confined. The
sign shall be capable of being understood by a child with normal
reading skills of a second grader.
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(5) It is understood that the provision of subsection (c)(2), above, shall
not apply to the owner or person with the right to control a
dangerous dog living in an apartment or condominium.
(d) Subsections (a), (b) and (c) above shall not apply to the following:
(1) Guide dogs for the bli~~d or deaf while performing their duties;
(2) Dogs participating in field or obedience trials or conformation
exhibitions;
(3} Dogs assisting their ownedhandler in legal hunting activities or in
the herding of livestock.
(4) Dogs assisting a security guard or assisting a peace officer
engaged in law enforcement activities; and
(5) Dogs being trained for any of the above-described purposes on
private property with the permission of the landowner, so long as
these dogs are under the direct control of individuals who assure
that they do not violate any other provision of law.
Violation of this section shall be punishable as a misdemeanor.
Section 8.03.020. Maximum number of dogs, cab or litters.
(a) No person shall keep or maintain more than two (2) dogs over four (4)
months of age. No person shall keep or maintain more than three (3) cats over four (4)
months of age. In no event shall there be more than one unspayed cat over four (4)
months old and one unspayed dog over four (4) months of age on any premises. This
restriction shall not apply to premises maintained by a veterinarian licensed by the State
of California for the practice of veterinary medicine or premises with a valid permit from
the City Manager for a private kennel, commercial kennel, pet shop, animal menagerie,
or animal shelter. A female dog or cat shall be rebuttably presumed to be unspayed
unless the owner provides evidence of spaying. Written certification ftom a licensed
veterinarian that an animal cannot be spayed for health reasons or is incapable of
breeding shall be deemed a satisfactory substitution for a certificate showing an animal
is spayed.
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(b) No person shall allow the parturition and rearing of more than one (1) litter
of dogs or cats in any one (1) calendar year from females owned by him or her or
maintained on his or her premises without a valid permit from the City Manager for a
private kennel, commercial kennel, or animal shelter.
Section 8.03.030. Vaccination of dogs and cats.
Every owner of a dog or a cat over four (4) months of age shall cause such dog
or cat to be vaccinated with an anti-rabies vaccine approved by the State Department of
Public Health. Revaccination shall be made at such intervals of time as may be
prescribed by the State department of public health. Compliance with the provision of
this section shall be a condition to the issuance or renewal of dog and cat licenses.
Violation of this section shall be punishable as a misdemeanor.
Section 8.03.040. Registration of dangerous dogs.
(a) Every owner of a dangerous dog over four (4) months of age shall register
such dog with the City Manager. Such registration shall be renewed on an annual
basis. A registration fee, and a fee to be charged for multiple inspections of required
confinement facilities for such dogs, shall be fixed by resolution of the City Council.
(b) Every owner of a dangerous dog over four (4) months of age shall obtain
a public liability insurance policy from an insurer licensed to practice in the State of
California, a single-incident amount of not less than fifty thousand dollars ($50,000.00).
Such owner shall give written notice to the City Manager of any cancellation or material
change in such policy at least thirty (30) days prior to the date of such cancellation or
material change.
(c) Owners of dangerous dogs unable to meet the requirements of subsection
(a) or (b) above, shall surrender the dogs to the City Manager for humane destruction or
other disposition, by discretion of the City Manager.
(d) violation of this section shall be punishable as a misdemeanor.
Section 8.03.050. License required.
No person shall maintain or board any dog or cat four (4} months of age or older
that has not been licensed pursuant to the provisions of this Title, except:
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(a) A license shall not be required for an animal owned or under the control of
a nonresident of the City, and that is to be kept in the City for less than
thirty (30) days in any twelve (12) month period.
(b) A license shall not be required for dogs or cats temporarily brought into
the City for entry into an event, show, or exhibition scheduled not more
than ten (10) days thereafter.
Section 8.03.060. License fees.
(a) License fees for each dog or cat within the City, including reduced fees for
spayed females or neutered males, shall be fixed by resolution of the City Council. Dog
and cat license fees shall not be refundable.
(b) The City Manager may require the submission of a certificate of a licensed
veterinarian stating that a dog or cat has been spayed or neutered, or cannot be
spayed or neutered for health reasons and is incapable of breeding, or is biologically
incapable of breeding, prior to issuance of a license of a lesser fee.
(c) A late fee may be charged in accordance with other fees and charges
adopted by resolution.
(d) Licenses and tags for dogs used principally for the purpose of guiding
persons who are blind or deaf, and for dogs used in law enforcement by a
governmental agencies shall be issued upon request without charge.
Section 8.03.070. Issuance of license.
(a) Upon payment of the license fee, presentation of a valid certificate of
vaccination by a duly licensed doctor of veterinary medicine, and when required,
presentation of a dangerous dog registration and a valid certificate of public liability
insurance from an insurer licensed to practice in the State of California, the City
Manager will issue a license stating the name and residence of the person to whom the
license is issued, the amount paid, the date of issuance thereof, the date of expiration
of the vaccination, the date of expiration of the dangerous dog registration,
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the date of expiration of the public liability insurance, and a description of the dog or
cat for which the license is issued, together with the number of the metallic tag
accompanying the same.
(b) Owners of dangerous dogs shall notify the City Manager, in writing, of any
changes of address within fourteen (14) days of the date of such change.
(c) Notwithstanding subsection (a) above, the Manager, in the Managers
discretion, may refuse to issue or renew a license for a period of not more than two (2)
years when such refusal is deemed reasonably necessary to protect public health,
safety and property.
Section 8.03.080. Metal tags.
(a) With each dog or cat license, the City Manager will issue a metal tag
bearing an identifying number. Each dog or cat shall wear the metal tag issued for it at
all times except when being shown at a dog or cat show, exhibition or event or when it
is in a fully enclosed structure in the owners premises. In the event it is necessary to
issue a duplicate tag, a fee set by the City Council shall be charged to the owner.
(b) It shall be unlawful for any person to attach a metal tag issued pursuant to
this section to any dog or cat other than the dog or cat for which it is issued.
Section 8.03.090. License period.
(a) The term of any dog or cat license issued hereunder shall commence on
the date of the issuance of the license and shall terminate six (ti) months or twelve (12)
months or twenty-four (24) months from the date or thirty-six (3ti) months from date of
issue dependent on license fee and or vaccination status tendered.
(b) Dog and cat licenses shall be renewed upon expiration. When a license
is renewed after the expiration date, the new license period shall begin on the
expiration date of the previous period.
Section 8.03.100. Record of licenses.
The City Manager will keep a record of all licenses issued by him or her, together
with a description of the dog or cat for which such license is issued.
is
Section 8.03.110. Presentation of license on request.
Upon request of any authorized animal control employee or any peace officer,
the owner or person having control of a dog or cat shall present the dog's or cat's
license to that person.
Section 8.03.120. Veterinarian responsibilities.
(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in
the County any dog or cat with anti-rabies vaccine shall use a form provided by the City
to certify that such animal has been vaccinated.
(b) Every veterinarian provide to the animal owner a copy of the anti-rabies
vaccination form for use in obtaining a license for the animal.
(c) Every veterinarian operating a business within the City of Cupertino shall
conspicuously display a sign to notify dog and cat owners that their animals must be
licensed.
CHAPTER 8.04
RESERVED
CHAPTER 8.05
ANIMAL ESTABLISHMENTS
Section 8.05.010. Permit required.
No person shall conduct, operate or keep any pet shop, commercial kennel,
private kennel, pet grooming parlor, animal menagerie, animal shelter, or horse
establishment without first obtaining an appropriate permit from the City Manager. The
annual permit fee for the above animal facilities shall be fixed by resolution of the City
Council
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Section 8.05.020. Application for permit.
(a) An application for a permit to operate and keep a pet shop, commercial
kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, horse
establishment, or dangerous animal shall be in writing on a form approved by the City
Manager. The applicant shall fumish a list of the types of animals to be maintained or
used for any purpose, together with the approximate number of animals of each type.
(b) The City Manager may establish regulations and standards relating to:
(1) The maximum number and species of animals to be kept or
maintained on the premises;
(2) The construction, sanitation and maintenance of facilities; and
(3) Any other regulations and standards in conformity with and for the
purpose of carrying out the intent of this Title.
Compliance with such rules and regulations shall be prerequisite to the issuance and
continued validity of any permit provided pursuant to this Title when approved by the
City Council.
(c) Permittee shall maintain a record of the names and addresses of persons
from whom animals are received and to whom the animals are sold, traded or given.
This shall be available to the City Manager upon request.
Section 8.05.030. Conditions relating to animal facilities.
Every person who owns, conducts, manages or operates any commercial
kennel, private kennel, pet shop, pet grooming parlor, animal menagerie, animal
shelter, or house establishment shall comply with each of the following conditions:
(a) Housing:
(1) Housing facilities for animals shall be structurally sound and shall
be maintained in good repair to protect animals from injury and
restrict entrance of other animals or the escape of animals so
contained therein.
zo
(b)
(c)
(2) Every building or enclosure wherein animals are maintained shall
be properly ventilated to prevent drafts and to remove odors;
heating and cooling shall be provided as required, according to the
physical need of the animals, with sufficient light to allow
observation of animals.
(3) All animal rooms, cages, kennels, runs, stalls and corrals shall be
sufficient size to provide adequate and proper accommodation and
protection from the weather for the animals kept therein.
(4) AI! animal facilities shall be constructed and operated in a manner
that reasonably protects public health and safety and safety of the
animals.
Sanitation:
(1) All animal facilities shall be maintained and operated at all times in
a clean and sanitary condition, and in a manner that avoids causing
odors or attraction of flies and vermin, and excessive noise.
Care of animals:
(1) Ail animals shall be supplied with a quantity of wholesome food
suitable for the species and age of the respective animals, as often
as the feeding habits of such animals require, sufficient to maintain
a reasonable level of nutrition. All animals shall have available to
them sufficient potable water. Food and water shall be served in
separate, clean receptacles.
(2) No animal, except those animal(s) in a pasture provided with
adequate feed and water, shall be without attention for more than
twenty-four (24) consecutive hours. The name, address and
telephone number of a person responsible for the animal shall be
posted in a conspicuous place, visible from outside the facility or at
the main gate of a pasture where animals are kept, unless the
owner or attendant of the animal(s) is immediately available on the
premises.
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(3) All sick, diseased or injured animals shall be isolated from healthy
animals at all times and shall be given proper medical treatment.
The City Manager may order the operator of the facility to
immediately seek licensed veterinarian treatment for any animal.
(4) All animals shall be treated in an humane manner.
(d) Compliance:
(1) The City Manager shall have the authority to enter the animal
facility when he or she has reason to believe that the provisions of
the permit, this Title or applicable State law, are being violated.
The failure of the operator to consent to the entry shall be deemed
just cause for the revocation of the permit.
(2) Failure of an applicant or a permit holder to comply with any of the
provisions of the permit, this Title, or applicable State law, shall be
deemed just cause for the denial of any permit, either original or
renewal, or for revocation of a permit.
Section 8.05.040. Expiration and renewal of permit.
(a) Any permit issued under this Chapter shall expire twelve (12) months from
the date of issuance. The procedure for the renewal of a permit shall be the same as
for an original permit.
(b) Upon failure to make application for the renewal of a permit within thirty
(30) days of the expiration of a permit, or prior thereto, the applicant shall pay interest
and late penalties as proscribed by the City.
Section 8.05.050. Inspection.
As a condition to the issuance or renewal of a permit under this Title, the City
Manager or authorized representative shall have the authority to inspect an animal
facility subject to this Chapter at any reasonable time.
Section 8.05.060. Denial or revocation of permit.
The City Manager may deny or revoke any permit issued pursuant to this
Chapter in the following situations:
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(a) Whenever determined by inspection that any animal facility fails to meet
any of the conditions of the permit, this Title, or applicable State law.
(b) Whenever there is reason to believe that the applicant or permit holder
has willfully withheld or falsified any information required for a permit.
(c) If the applicant or permit holder has been convicted by a court of law of
more than two (2) violations in a twelve (12) month period of this Title, or
State laws relating to animals or public nuisance caused by animals, or
has been convicted of cruelty to animals in this or any other State within
the previous five (5) years. For the purposes of this section, a bail
forfeiture shall be deemed to be a conviction of the offense charged.
Section 8.05.070. Appeal from denial or revocation of permit.
(a) Prior to denial or revocation of a permit, the City Manager shall notify the
applicant in writing of the intent to deny or revoke the permit, the reasons for such
denial or revocation, and that the applicant may make a written request for a hearing to
the City Manager within five (5) days after receipt of such notice if the applicant wishes
to challenge the denial or revocation.
(b) The City Manager shall set the time and place for hearing and cause
notice of such hearing to be mailed to the person requesting such hearing at least five
(5) days before the date of the hearing. The hearing shall be conducted according to
section 8.08.080.
Section 8.05.080. No new permit after denial or revocatiom.
If a permit has been denied or revoked, the City Manager will not accept a new
permit application from the same person for the same activity at the same location less
than six (6) months after such denial or revocation, unless the applicant shows, and the
City Manager finds, by inspection and/or investigation, that the grounds upon which the
first application was denied or the permit revoked no longer exist.
Sectlom 8.05.090. Permit not transferable.
Permits issued pursuant to the provisions of this Chapter shall not be
transferable.
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CHAPTER 8.06
DANGEROUS ANIMALS
Section 8.08.010. Permit for dangerous and/or vicious animals.
(a) No person shall keep, have, maintain, sell, trade, or let for hire a
dangerous and/or vicious animal without first obtaining a permit from the City Manager.
The application for a permit, permit conditions, inspection, denial, revocation, and
appeal shall be in accord with the provisions of this Chapter.
(b) No permit shall be required of any zoo, university, college, governmental
research agency, or other bona fide scientific institution, as determined by the City
Manager, engaging in scientific or public health research. For the purposes of this Title,
a zoo shall be considered any organization that exhibits animals to the general public at
regular specified hours, equaling at least thirty (30) hours a week for thirty-six (36)
weeks a year, and whose animals, whether maintained for exhibit purposes or not, are
not for sale to private individuals.
(c) The owner of a vicious and/or dangerous animal shall post at the
entrances to the property where the animal is kept with a legible sign at least twelve
(12) inches square, warning persons of a vicious and/or dangerous animal.
Section 8.00.020. Permit denial.
Notwithstanding anything to the contrary, the City Manager may deny or revoke
a permit to keep or maintain any dangerous animal when, in his or her opinion:
(1) Any such animal may not be kept or maintained without endangering the
safety of any person(s) or property; or
(2) The keeping of the animal would constitute a public nuisance; or
(3) The animal would be subject to suffering, neglect, cruelty or abuse.
The City Manager in his or her discretion may require any such animal to be property
caged, tethered, or restrained in zoo-type facilities that meet or are in addition to, or
more restrictive than, state guidelines issued under the provisions of section 671 of
Title 14 of the California Code of Regulations and federal standards issued under
Chapter 1 of Title 9 of the Code of Federal Regulations.
2a
•
Nothing in this Chapter shall be construed to permit the keeping of dangerous animals
where zoning provisions or state law would prohibit such keeping.
Section 8.06.030. Permit period and fee.
The fee for a permit to keep or maintain one (1) dangerous animal shall be fifty
dollars ($50.00) for atwelve-month term, and the fee for each additional dangerous
animal shall be one hundred dollars ($100.00). The permit shall expire and be
renewable as set forth in section 8.12.040.
CHAPTER 8.07
BEEKEEPING
Section 8.07.010. "Apiary" defined.
As used in this Title, "apiary" means bees, hives and appliances wherever the
same are kept, located ar found.
Section 8.07.020. "Bees" defined.
As used in this article, "bees" means honey-producing insects of the species apis
meilifica, including the adults, eggs, larvae, pupae or other immature states thereof,
together with such materials as are deposited into hives by their adults, except honey
and rendered beeswax.
Section 8.07.030. "Hive" defined.
As used in this article, "hive" means any receptacle or container made or
prepared for the use of bees, or a box or similar container of which bees have taken
possession.
Section 8.07.040. "Location" defined.
As used in this Title, "location" means any premises upon which an apiary is
located.
2s
Section 8.07.050. Notice required when moving apiaries.
No apiary shall be moved into the City without notice in writing being given to the
agricultural commissioner of the County within five (5) days from the date movement is
begun, stating:
(a) The number of colonies of bees to be moved into the City.
(b) The location of the property in the City to which bees are to be moved,
and the name and address of the owner of the property or person in
possession thereof.
(c) The distance of the proposed location of the apiary ftom the nearest
public road intersection.
Section 8.07.060. Location of apiary.
No apiary shall be located:
(a) At a distance less than one thousand (1,000) feet from the nearest
residence, church, school, public building, corral or water area in the
corral unless the owner or persons in possession thereof has given written
permission to the location of said apiary at a closer distance.
(b) On any lands without the written consent of the owner or person in
possession thereof.
(c) Closer than three hundred (300) feet from any public road.
Section 8.07.070. Water supply.
A water supply adequate in quantity for the apiary should be provided and
maintained.
Section 8.07.080. Identification of premises.
Every person maintaining any apiary on premises other than their own residence
shall identify the apiary by affixing and maintaining signs thereto showing the name of
owner or person in possession of the apiary, the owner or persons address and
telephone number, or a statement that the owner or person has no phone. These signs
shall be prominently placed and maintained on each entrance side of the apiary and
immediately adjoining the same and lettered in black at least one (1) inch in height on a
white or light background.
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Section 8.07.090. Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the
provisions of this Chapter may be given verbal or written notice by the agricultural
commissioner of the County or any law enforcement officer. A written notice shall also
be posted on the location for forty-eight (48) hours, and it shall be unlawful for the
owner or person in possession of said apiary to fail to correct the violations within that
period. The provisions of this Title, however, shall not authorize the keeping of bees in
areas where they are not otherwise allowed by law.
Section 8.07.100. Penalty, abatement.
Every person violating any provision of this Chapter who has been given notice
thereof as prescribed herein shall be guilty of a misdemeanor.
CHAPTER 8.08
RESERVED
CHAPTER 8.09
SALE OF ANIMALS
Section 8.09.010. Sale of cats or dogs.
No person or establishment other than a licensed or county-operated animal
shelter shall sell, exchange or barter any cat or dog under eight (8) weeks of age.
Proof of age of the dog or cat may be required by the City Manager. Proof of age may
include but not be limited to a certification by a licensed veterinarian attesting to the
animal's age.
Section 8.09.020. Immunization.
All cats or dogs over eight (8) weeks of age, before they are sold, shall be
immunized against common disease: in the case of dogs against distemper; in the case
of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at
the time of sale a signed statement from the seller attesting to the date of vaccination
and the seller's knowledge of the animal's health.
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Such statement shall also include the animal's immunization history, and the record of
any known disease, sickness or internal parasites that the animal is afflicted with at the
time of transfer of ownership, including treatment and medication.
Section 8.09.030. Return of dog or cat.
(a) Any person purchasing a dog or cat from a person or establishment
required to be licensed or registered pursuant to this Title may, within five (5) days of
such purchase, cause such animal to be examined by a veterinarian licensed by the
State of California; and, if such examination reveals clinical signs of a contagious or
infectious disease or serious congenital defects, not otherwise disclosed to the
purchaser as required by section 8.36.020, the purchaser may, within one (1) day of the
examination, return such animal to the seller. When returned, such animal must be
accompanied with a certificate signed by the examining veterinarian stating examination
findings. Upon return of such animal for the reasons stated in this section, the seller
shall reimburse the purchaser for the cost of the animal.
(b) If the seller refuses to reimburse the purchaser for the cost of the animal
upon purchaser's offer to return it, the purchaser may file a complaint with any judge of
the municipal court stating a cause of action for violation of this section.
CHAPTER 8.10
RESERVED,
CHAPTER 8.11
HORSES
DIVISION 1. GENERALLY
Section 8.11.010. Keeping as pets.
Horses may be kept as pets in any zone in the City, subject to the regulations of
this Chapter and other applicable provisions of the Cupertino Municipal Zoning Code.
zs
Section 8.11.020. Holding amateur horse events.
Amateur horse events may be held in any zone in the City, subject to the zoning
regulations of this Chapter and other provisions of the Cupertino Municipal Zoning
Code.
Section 8.11.030. Land area requiremenffi.
On parcels of land having an area of forty thousand (40,000) square feet or
more, a horse bam or shelter may be constructed pursuant to the requirements of this
Chapter and one (1) pet horse may be kept for each twenty thousand (20,000) square
feet of area, plus one (1) pet horse. The foal, under nine (9) months of age, of a mare
lawfully kept on the premises is not counted in determining the number of pet horses
that may be kept.
Section 8.11.040. Location of horse facilities.
Regardless of whether a permit is required for keeping pet horses:
(1) Horse bams and shelters shall be located at least thirty (30) feet from the
rear and side property lines, at least twenty-five (25) feet from any
dwelling on the same premises, and at least sixty (60) feet from any
dwelling or swimming pool on adjacent premises if such dwelling or
swimming pool exists when the horse bam or shelter is built.
(2) Corrals and pens shall be located at least three (3) feet from any property
line and at least sixty (60) feet from any dwelling or swimming pool on
adjacent property, if such dwelling or swimming pool exists when the
corral or pen is built.
Section 8.11.050. Structural requirements for horse bams and shelters.
Horse bams and shelters shall meet the following requirements:
(1) They shall not be over twenty-two (22) feet high.
(2) All exterior materials shall be nonreflective.
(3) All plumbing fixtures shall be served by a two-inch diameter building drain.
Building drains in excess of two (2) inches in diameter may be approved
by the City upon good cause shown.
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Section 8.11.060. Limitations on amateur horse events.
Amateur horse events shall not be held on parcels of land having less than five
(5) acres area, nor for more than twelve (12) days on any single parcel of land in one
(1) calendar year.
The keeping of pet horses on the same premises as, and incidental to the use of
a single family residence is allowed without permit. Pet horses may be kept under other
circumstances only when a permit to keep them has been issued by the City or when a
conditional use permit authorizing them to be kept has been issued under the rules of
the zone where the parcel is located, if the rules of the zone provide for a conditional
use permit. Amateur horse events may be held only when a permit for the specific event
has been issued by the City.
Section 8.11.070. Applications-Contents.
The City may require that applications for permits required by this Chapter
contain plot plans and elevations of any structures, proposed or existing, to the extent
reasonably necessary to show what conditions the animals will be subjected to, and
what effects keeping them, and human activities associated with their keeping, will have
on the community.
Section 8.11.080. Same-Submission to and review by Health Officer.
The City shall promptly send a complete copy of any application for a permit
required by this division to the Health Officer for review and shall not issue a permit until
the City Manager receives and considers the advice of the Health Officer.
Section 8.11.090. Same-Notification.
At least ten (10) days before granting any application for a permit required by this
division, the City shall give written notices describing the application. The notice shall
be posted in one (1) location readily visible to the public on, or reasonably near to the
parcel of land where the animals are proposed to be kept, and mailed addressed to the
owner of each other parcel of land any part of which is within three hundred (300) feet
of the parcel of land where the animals are proposed to be kept. The mailed notices
shall be addressed to the owners of neighboring parcels as shown on the latest County
equalized assessment roll.
30
Section 8.11.100. Standards for issuance.
The City Manager will issue a permit for keeping pet horses other than on the
same premises as, and incidental to the use of asingle-family residence, or for holding
an amateur horse event if the City Manager finds, after taking into account:
(1) The size and location of the premises where the horses would be kept or
the event held,
(2) The character of the neighborhood,
(3) The number of horses involved,
(4) The facilities existing and to be provided on the premises,
(5) Inappropriate instances, the provision for parking for guests or
spectators so that the horses will be treated safely and humanely and that
there will be no adverse effects on the safety or health of persons and that
there will be no detrimental effect on or change of character of the
neighborhood, nor any disturbance of persons in the peaceful enjoyment
of their property. If the City Manager does not so find, the permit shall not
be issued.
Section 8.11.110. Contents.
The City Manager may include such conditions in the permit as are reasonably
necessary to assure that the standards of section 8.11.070 are met. When the permit is
for an event, it shall specify the date of the event. When reasonably necessary to fulfill
the standards of section 8.11.070, the permit shall contain an expiration date, and
specify the terms, if any, on which renewal will be permitted.
Section 8.11.120. Modification or revocation.
At any time when the City Manager has reasonable cause to believe that a
permit issued under this division ought to be modified or revoked, the City Manager
shall give mailed notice to the permittee and the owners of neighboring land specified in
section 8.11.090, in the manner specified in section 8.11.090, for mailed notice, except
that such notice period shall be fifteen (15) days. Before modifying or revoking a permit,
the City Manager shall consider all evidence presented by the permittee and any other
person.
3I
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF CUPERTINO
I, KiM M. SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copy
of Ordinance No. iu ~y enacted on _',. l : ~„ , ,~ ~~ >»/•
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~" Ili
day of ?'j jai. ~ /~., , 19~
>l~.ri7. ~~t~-
KIM M. SMITH, City Clerk and ex-
officiu Clerk of the Cirr Council
Cupertino, California
•
The City Manager shall revoke or modify a permit when the City Manager finds that
such revocation or modification is necessary to amend the standards specified in
Section 8.44.110.
Section 8.11.130. Appeal
Any interested person may appeal a decision of the City Manager under this
Chapter by filing an appeal with the City Council in the manner provided in Section
8.02.080 of the Municipal Code.
Section 8.11.140. Violation Infraction
Violation of any provision of this Title constitutes an infraction punishable as
provided in Section 1.12 of the City's ordinance code.
SECTION III
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 7th day of February, 1994, and ENACTED at a regular meeting of
the City Council of the City of Cupertino this 22nd day of February, 1994, by the
following vote:
y~ Members of the City Council
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
' APPROVED:
Mayor, City of Cu
ATTEST: ~~ __..~~
C7~
City Clerk