Ordinance 0931 ~ ~
ORDINANCE NO. 931
AN ORDINANCE OF THE CIT7C QF CUPERTINO ~ REPEALING
' ' CHAPTER 8.06 OF TITLE 8, CUPERTINO MUNZCIPAL CODE,
I AND ENACTING A NEW CHAPTER 8.08 THERETO, REGULATING
ANIMALS AND RAHZES CONTROL.
' THE CITY COUNCIL OF TEiE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 8.08 of the Cupertino Municipal Code as heretofore
amended, is hereby repealed.
A new chapter 8.08 is hereby added, to read as follows:
Chapter 8.08
ANIMAL AND RABIES CONTPOL
Sections:
8.08.010 Purpose.
8.08.a20 Adoption of the county ordinance.
8.08.030 Administration.
8.08.040 Definitions.
8.08.050 Chapter not to regulate use of land.
8.08.060 Animals running at larga.
8.08.070 Conditions related only to seizures of doqs
running at large.
8.08.080 Animal bites: Quarantine, violation and
examinations.
8.08.090 Diseased or vicious animals.
8.08.100 Dead animals.
8.08.110 Animals in city buildinas.
8.08.120 Authority of Administrator and animal control officer.
8.08.130 Znspection by animal control officer.
8.08.140 Abusing dogs, cats or other domestic animals.
8.08.150 Public nuisance.
8.08.160 Fees for impoundina and keepinq.
8.08.170 Redemption of impounded animals.
8.08.180 Disposition of impounded animals.
8.08.190 Care of impounded animals.
8.08.200 Summary seizure and post-seizure hearing.
8.08.210 Hearing prior to animal deprivation.
8.08.220 Impoundment hearing.
8.08.230 Failure to anpesl impoundment.
8.08.240 Restraint of dogs.
8.08.250 Maximum number of dogs, cats oz littera.
8.08.260 License required.
8.08.270 License fees.
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Sections: (continued)
8.08.280 Issuance of license.
8.08.290 Metal tags.
~.08.300 License period.
~ ' 8.08.310 Record of licenses.
8.08.320 Presentation of license on request.
8.08.330 Veterinarian responsibilities.
' 8.08.340 Infraction.
8.08.350 Registration certificates.
8.08.360 Metal tags.
8.08.370 Certificate registry.
8.08.380 Permit required.
8.08.390 Application for permit.
8.08.400 Conditions relating to animal facilities.
8.08.410 Expiration and renewal of permit.
8.08.420 Inspection.
8.08.430 Denial or revocation of permit.
8.08.440 Appeal from denial or revocation of permit.
8.08.450 No new permit after denial or revocation.
8.08.460 Permit required for dangerous animal.
8.08.470 Permit denial.
; 8.08.480 Permit period and fee.
I 8.08.490 Sale of cats or dogs.
8.08.500 Immunization.
8.08.510 Return of dog or cat.
~ 8.08.520 Location of sale.
8.08.530 Severability of provisions.
8.08.010 Pur ose. This chapter is enactad to prevent the
sprea~ o r ies among animals and to awid the possibility of
! human beings becoming infected with this diseaset to establiah
' regulations to achieve this purpose; and, to authorize and direct
the appropriate public agencies to enforce the provisions of this
chapter on behalf of the City.
8.08.020 Ado tion of the count ordinance. The City Council
does adopt as its regulations for animal an rabies control the
followinq portions of the Santa Clara County Ordinance Code
relating to animal and rabies control as amended.
8.08.030 Administration. The City Council authorizes and
directs that the provisions of this chapter be administered by
the Santa Clara County Director of Public Health and County
Environmental Management Aqency Administrator, or any other
person duly authorized to act on their behalf.
8.08.040 Definitions. The words and terms used in this
chapter shall have t1~?e following meaning unless the context
clearly indicates othezwise:
A. "Animal" means any live vertebrate creature, domestic
or wild, except fish.
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B. "Animal control officer" means any person authorized to
act on behalf of the County Environmental Management Agency
Administzator in the enforcement of this ordinance and on behalf
of the County Hoalth Officer in the enforcement of rabies control
laws.
C. "Animt?1 menagerie"means any place where dangerous animals
are kept or maintained for any purpose, including places where
dangerous animals are boazded, exhibited, trained or kept for hire.
D. "Animal shelter" means a facility operated by a public
jurisdiction or by an accredited, tax exempt humane orqanization
for the purpose of impounding, harborinq, selling, placinq, or
destroying seized, stray, distressed, homeless, abandoned or
unwanted animals.
E. "Commercial kennel" means any person engaged in the
commercial breeding of dogs 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 hoapitals
~ maintained by a veterinarian licensed by the State of California as
' part of the practice of veterinary medicine, animal shelters, or
pzivate kennels shall not be considered commercial kennels.
F. "Danqerous animal" means any wild, exotic or venomous
animal, or other animal which because of its size, disposition or
other characteristic would constitute a danger to parsons or property.
G. "Administrator" means the Administrator of the Santa
Clara County Environmental Management Agency or any person
authorized or designated by the Administrator to act on his behalf.
H. "Grooming parlor" means any commercial place where
animals are trimmed, bathed or groomed.
I. "Health officer" means the Director of Public Health or
any person authorized to act on his behalf.
J. "Horse establishment" means any person keeping three (3)
or more horses, donkeys, mules, jack, hinny, jenny burros, or
ponies for any or all of the followin? purposes: a) for hire to
be ridden or driven; b) for qiving riding instruction; c) for
boarding with compensation.
K. "Owner" means any person who acknowledges ownership of
an animal or who harbors or keeps an animal for five (5} or more
consecutive days.
L. "Person" means any individual, establishment, firm,
association, organization, partnership, trust, corporation or company.
M. "Pet shop" means 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 out to be so engaaed.
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N. "Prvia~ kennel" means a person w~ maintains within
or adjoining his 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 breedinq purposes for which compensation is
received, or the parturition or rearing oE more than two (2)
litters of dogs or cats in any one 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 purpose of commercial breedinq and the owner and
the premises shall be subject to the permit requirements of a
commercial kennel.
0. "Quarantine" means isolation of an animal in a place and
manner approved by the health officer.
P. "Vicious animal" means any animal, except a dog assi9ting
a peace officer engaged in law enforcement duties, which demonstrates
any or all of the following behavior, is rebuttably presumed vicious:
a) behavior that constitutes a physical threat of bodily harm to
human beings, other animals, or livestock; b) attacks or injuries,
without provocation, any person in a place where such person is
conducting himself peacably and lawfully. (A person is lawfully
upon the private property of an owner of the animal when he is on
such property in the performance of any duty impoaed upon him by
the laws of this state or any city or county or by the laws or
postal regulations of the United States, or when he is on such
property upon invitation, express or implied).
, Q. "Doq" means a domestic dog (canus familiaris).
R. "Cat" means a domestic cat (felis catus).
8.08.050 Chapter not to regulate use of land. This chapter
is not intended to regulate the use of land. The City zoning
ordinance regulates the number and types of animals wh3ch may be
maintained in various zoning districts. Nothing in this chapter
is intended to supersede the provisions of the City zoning ordinance.
8.08.060 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.
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8.08.070 Conditions related only to seizures of dogs
running at large.
An animal control officer shall not seize or impound a dog for
running at large under the provisions of this chapter when the dog
• has not strayed from and is upon the private property of the dog
owner or the person who has a right to control the dog, or upon
private property to which the doq owner or person who has a right
' to control the dog has a right of possession, nor shall the animal
control officer seize or i.mpound a dog which has strayed from but
then returned to the private property of his owner or the person
who has a right to control the dog, but, in such a case, a citation
may be issued; provided, however, that if the owner or person who
has a right to control the doq 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 residence of the owner or person who has
a riqht to contzol the dog. The 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 zelease cf the dog, and an indication of the
ultimate disposition of the doq 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 doq.
8.08.080 Animal bites: Quarantine, violation and examinations.
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
'i, full information in regard to the incident.
Upon receipt of such a report, an animal control officer shall
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 Public Health. The health officer may order the
! owner to quarantine the animal on his premises.
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. Any animals quarantined by order of the
health officer in a kennel, shelter, or veterinary hospital shall
be at the owner's expense.
The head of any animal which dies or is destroyed while under
quarantine shall be submitted to the laboratory of the County
Health Department for rabies examination.
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8.08.090 Diseased or vicious animals.
A person owning or having charge of a vicious animal shall
confine it within a building or secure enclosure, except that it
may be permitted off the premises only when securely muzzled,
~ leashed, and under the control of a person eighteen (18) years of
age or older and who is physically capable of restraining said
animal.
No person owninq or havinq charge of any animal which he
knows to be infected with any disease transmittable to man shall
permit such animal to be or remain within the county other than
at an approved veterinary hospital unless the health officer
approves an alternative means of confinement.
The animal control officer shall seize any animal he reasonably
believes to be infected with disease transmittable to man or vicious.
He shall keep such animal in a safe place for a period sufficient to
' observe, examine, and determine whether it is diseased or vicious
so as to be a menace to public health or safety.
Diseased or vicious animals which are a danger to public
health or safety shall be impounded and may be destroyed.
8.08.100 Dead animals.
Upon the death of any animal the owner or person in charge
thezeof shall provide for the burial, incineration, or other
disposition of the body of such animal. If the awner or person
in charge of any dead animal is unable to provide for burial or
other disposition, he may request the animal control officer to
dispose of the body of such animal.
Upon learning that the body of a dead animal has not been
disposed of in a safe and sanitary manner, the animal control
officer shall dispose of such 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.
The Administrator shall 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.
8.08.110 Animals in city buildings.
No person having the control or care of any animal or animals
shall suffer or permit such animal to enter or remain in city-
owned or managed buildings other than a building used for the
purpose of care, detention, control or treatment of animals or a
building used for trafning classes, shows or exhibitions, axcept
persons who are blind or deaf and who use doqs for guidance, or
persons authorized by the Administrator.
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8.08.120 Authority o£ Administrator and animal control officer.
The Administrator and animal control officer shall have the
I following power and authozity:
I
. A. To enforce the provisions of this division and state laws
relating to the care, treatment, impounding and destruction of
' animals.
B. To arrest any person who violates any provision of this
division in the manner provided by section 836.5 of the Penal Code.
C. To issue citations pursuant to section 607g of the Civil Code.
D. To act as a public officez pursuant to Food and Aqricultural
Code section 7.
E. The Administrator may formulate rules and requlations in
conformity with and for the purpose of carrying out the intent of
this chapter.
F. The Administrator, pursuant to Civil Cade 5607q, may
deputize as an animal control officer any officer of the Humane
Society of Santa Clara Valley.
8.08.130 Inspection by animal control officer.
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.
A search warrant shall be obtained whenever required by law,
Such entry and inspection shall be made only after the
occupant of the premises has been given written or oral notice of
the inspection by the animal control officer. If the land is
unoccupied, the animal control officer shall make a reasonable
effort to locate the owner or other person having control of the
property before making entry.
Notwithstanding the foregoinq, if the animal control officer
has reasonable cauae to believe the keeping or maintaining of any
animal is so hazardous as to require an irc~nediate inspection to
save the animal or protect public health or safety, he or she
shall have the power to immediately enter and inspect the property
without the use of unreasonable force. If the property is occupied,
the animal control officer shall first attempt to notify the
occupant and demand entry. Failure or refusal to permit such an
inspection constitutes a misdemeanor.
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8,08.140 Abusing dogs, cats or other domestic animals.
It shall be unlawful for any person to maliciously kill,
maim, wound, mutilate, torment, torture, poison or physically
abuse any animal.
8.08.150 Public nuisance.
- No person owning or having control of any animal shall permit
such animal to do any of the following: a) defecate or urinate
on private properties in the neighborhood or community (other than
that of the owner or the person having control of the ani.mal; b)
defecate or urinate on public property without immediately cleaning
I, or removing the excrement to a propez receptacle; c) permit an
animal to obstruct the reasonable and comfortable use of property
in any neighborhood or community by habitually chasing vehicles
or molestinq passersby; d} permit unsanitary conditions to exist
on the premises where said animal is kept which cause odors,
attract flies or vermin, or otherwise are injurious to public
health and safety, or indecent, or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property by the naighborhood,
community, or persans.
The animal control officer may seize and impound any animal
causing a public nuisance, upon compliance with the procedures
contained in section 8.08.210 of this chapter.
A violation of this section is hereby declared a public nuisance.
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 ara specially injurious to such person.
8.08.160 Fees for impoundincr and keeping.
An impoundment fee shall be charged to the owner of each
animal impounded in the amount of ten dollars for the first
impoundment, twenty-five dollars for the second impoundment, and
forty dollars for each subsequent impoundment. In addition, a fee
sufficient to defray the costs of keeping said animal shall be
charged to its owner, as determined by the Administrator or Director
of Public Health.
8.08.170 Redemption of impounded animals.
The Administrator or animal control officer may permit an
owner or other person entitled to custody of an impounded animal
to redeem such animal. No animal may be redeemed without payment
of the fees for impounding and keeping the animal, and without
compliance with the licensinq provision of this chapter.
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8.08.180 Disposition of impounded animals.
No aminal may be disposed of until 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.
Notwithstanding anything herein 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 shall be destroyed in accordance with
all state and county humane laws as soon as possible.
8.08.190 Care of impounded animals.
' The Administrator shall provide that all impounded animals
I receive suitable and adequate food, water and shelter.
8.08.200 Summary seizure and post-seizure hearing.
Except as provided in Section 8.08.070, an animal control
officer may seize and impound an anima~or violation of any
provision of this chapter or state law, prior to a hearing, in any
of the followinq situations where the owner is not present and
where the officer reasonably believes it is necessary:
A. To protect public health, safety and property;
B. To protect an animal which is injured, sick, or starving
and must be care for; or
C. To protect an animal from injury which has strayed onto
public property or public right of way.
If the owner or person who has the right to control the animal
wishes to challenge the impoundment, he shal~. peraonally deliver or
mail a written request for a hearing, such that it is received by
th e Administrator within seventy-two (72) hours of the seizure and
impoundment.
The Administrator shall promptly set the time and place for
the hearing before him and shall cause notice of such hearing to be
deposited in the mail to the party requesting a hesring at least
five (5) days before the date of the hearing.
The hearinq shall be conducted as set forth in Section 8.08.220.
P.08.210 Hearinq prior to animal deprivation.
Except as provided in Sections 8.08.070 and 8.08.200, 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 a hearing is held as set forth in Section 8.08.220.
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If the owner or person who has a right to control an animal
refuses to consent to an impoundment of his animal, the animal
control officer may issue a notice commanding the person to appear
before the Administrator at a set time. Failure of a person to
appear at the hearing is a misdemeanor, and upon conviction thereof
shall be punishable in accordance with Chaptez 1.12 of this Code,
and in addition, the animal control officer may immediately seize
and impound the animal.
S.Q6.220 Impoundment hearinq.
At the hearing, petitioner and the Animal Control Officer
may be represented by counsel, may present oral and written
evidence, and may cross-examine witnesses. Strict rules of
evidence shall not apply. Any relevant evidence may be admitted
if it is the sort of evidence on which responsible persons aze
accustomed to rely in the conduct of serious affairs. The purpose
of the hearinq 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. The decision
of the Administrator shall be supported by the weight of the
! evidence and shall be final. The petitioner shall be qiven written
notice of the decision within fifteen (15) days of the hearing.
8.08.230 Failure to appeal impoundment.
Any person who fails to request a hearing following any
seizure or impoundment by the animal control officer under this
division within seventy-two (72) hours from impoundment as
specified in Section 8.08.180 will forfeit all rights of ownership
and control of the animal. All rights of ownership and control
shall be transferred to the County Environmental Manaqement Agency.
Final disposition of the animal ahall be determined by that agency
in accordance with the provisions of th is division and state law.
8.08.240 Restraint of dogs.
The owner or person with the right to control of any dog(s)
shall keep such dog(s) confined to his/their own premises or shall
keep such doq(s) under physical restraint by means of a leash not
to exceed six (6) feet in length except: a) guide doqs for the
blind or deaf while performing their duties; b) dogs participating
in field or obedience trials or exhibitions; c) dogs assisting
their owner/handler in legal hunting or in the herding of livestock;
d) dogs assisting a security quard or assisting a peace officer
engaged in law enforcement activities; e) dogs beinq trained for
any of the above purposes on private land with permission of the
landowner, so long as such doqs are under direct control of such
individuals to assure that they do not violate any other provision
of law.
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8.08.250 Maximum number ot dogs, cats or litters.
No person shall keep or maintain more than two (2) dogs over
four (4) months of age, or more than two (2) cats over four (4)
months of age, including no more than one {1) unspayed female dog
or one (1) unspayed female cat, on any premise except a premise
maintained by a veterinarian licensed by the State of California
I for the practice of veterinary medicine, without a valid permit
from the Administrator for a private kennel, co~nezcial kennel,
I pet shop, animal menagerie, or animal shelter. A female dog or
cat shall be rebuttably prestiuned to be unspayed, unless the owner
provides evidence of spaying. Written certification from a
licensed veterinarian that an animal cannot be spayed for health
reasons or is incapable of breeding shall be deemed a satiafactory
substitution for a certificate showing an animal is spa,yed.
No person shall allow the parturition and rearinq of more
than one (1) litter of dogs or cats in any one (1) calendar year
from females owned by him or maintained on his premises without
a valid permit from the Administrator for a private kennel,
commercial kennel, or animal shelter.
8.08.260 License required.
No person shall maintain or board any doq four (4) months
of age or older which has not been licensed pursuant to the
privisions of this chapter except:
A. A county license shall not be required for an animal
owned or under the ccntrol of a non-resident of the county, and
which is to be kept in the county for less than thirty (30) days.
B. A county license shall not be required for dogs temporarily
brought into the county for entry into an event, show or exhibition
scheduled not more than ten (10) days thereafter.
8.08.270 License fees.
Dog license fees shall be fixed by resolution of the Santa
Clara County Hoard of Supervisors. Dog license fees shall not
be refundable in whole or in part.
A dog license fee of twelve dollars (512.00) per annum shall
be paid for each dog within the City, except that the fee for
a spayed female or neutered male shall be six dollars (S6.00).
The director of public health or his desiqnated representative
may require the submission of a certiffcate of a licensed
veterinarian stating that a dog has been spayed or neutered prior
to issuance of a license at the lesser fee. An additional fee of
six dollars (56.00) shall be paid for a license purchased more than
sixty i60) days after notice to the owner to obtain a license or
sixty (60) days after expiration of a license. Licenses and tags
for dogs used principally for the purpose of guiding persons with
defective eyesight and for dogs used in law enforcement agencies
shall be issued upon request without charge. Dog owners who have
attained the age of 65 years and own only one (1) dog shall not be
required to pay annual renewal license fees for the one (1) dog,
provided the dog is spayed or neutered or a veterinarian certifies
that the dog cannot be spayed or neutered for health reasons.
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8.08.280 Issuance of license.
Upon payment of the license fee and the presentation of a
valid certificate of vaccination by a duly licensed doctor of
veterinary medicine, the Administrator shall issua a license
~ etatinq the name and residence of the person to whom the license
is issued, the amount paid, the date of issuance and expiration
thereof, the date of expiration of the vaccination, and a
• description of the dog for which such license is issued, together
with the number of the metallic taq accompanying the same.
j 8.08.290 Metal tags.
With each dog license, the Administrator shall issue a metal
tag bearinq an identifying number and the words and letters
"Santa Clara Co. Dog Lic." Each doq shall wear the metal tag issued
for it at all times except when being shown at a dog show, exhibition
or event. In the event it is necessary to issue a duplicate tag,
a fee of Two Dollars (52.00) shall be charqed to the owner.
It shall be unlawful for any person to attach a metsl tag
issued pursuant to this section to any doq other than the dog
for which it was issued.
8.08.300 License period.
The term of any dog license issued hereunder shall commence
on the date of the issuance of the license and shall terminate
twelve (12) months from the date of issue.
Dog 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.
8.08.310 Record of licenses.
The Administrator shall keep a record of all licenses
issued by him, toqether with a description of the doq for which
such license is issued.
8.08.320 Presentation of license on request.
Upon request of any authorized animal control employee or any
peace officer, the owner or person havinq control of a doq shall
present the dog's license to that person.
8.08.330 Veterinarian responsibilities.
Every veterinarian who vaccinates or causes or directs to
be vaccinated in the city any dog with anti-rabies vaccine shall
use a form provided by the County licensing authority to certify
that such animal has been vaccinated.
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8.08.340 Znfraction.
' Notwithstanding anytlzing to the contrary, any person found
guilty of violating any provision of Sections 8.08.070 and 8.08.260
shall be deemed guilty of an infraction, and each~cay of such
violation shall constitute a separate infraction, punishable in
~ accordance with chapter 1.12 of this Code.
, 8.08.350 Registration certificates.
The Administrator shall make registration certificates
available to the owners of cats. A registration certificate
shall be issued stating the name and address of the person to
whom the certificate is issued, the date of issuance, a description
of the cat for which the certificate is issued, and the nwnber of
the metal taq accompanying the certificate. The Santa Clara County
Board of Supervisors by resolution shall fix tha cat reqistration fee.
8.08.360 Metal tags.
With each registration certificate the Administrator shall
issue a metal tag hearing an identifyinq number and the w~rda and
letters "Santa Clara Co. Cat Reg." In the event it is necessary
to issue a duplicate tag, a fee of 2S,~o Dollars (52.00) shall be
charged to the owner.
8.08.370 Certificate reqistry.
The Adminis trator shall maintain a ragistry of all cat
registration certificates, together with a descziption of the
cat far which each certificate is issued.
8.08.380 Permit required.
No person shall conduct, operate or keep any pet shop,
I commercial kennel, private kennel, pet grooming parlor, animal
' menagerie, animal shelter or horse establishment without first
' obtaining an appropriate permit from the Administrator. The
annual permit fee for the above animal facilities shall be fixed
by resolution of the Santa Clara Co. Boszd of Supervisors.
8.08.390 Application for permit.
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 ehall be in writinq on a forsa approved by the Administrator.
The applicant shall furnish 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.
The Administrator may establish regulations and standards
relatinq to: a) the maximum number and species of animals to be
kept or maintained on the premises; b) the construction, sanitation
and maintenance of facilities; and c) any other regulations and
standards in conformity with and for the purpose of carrying out
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the intent of this Chapter. Compliance with such rules and
regulations shall be prerequisite to the issuance and continued
validity of any permit provided pursuant to this Chapter.
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 oz given. This shall be available to the
Adminis trator upon request.
8.08.400 Conditions relatinq to animal facilities.
Every person who owns, conducts, manages or operates any
commercial kennel, private kennel, pet shop, pet groominq parlor,
' animal menaqerie, animal shelter or horse establiahment shall
i comply with each of the following conditions:
A. Housing
(1) Housing facilities for animals shall be structurally
sound and shall be maintained in good rapair to pmtect
animals from injury and restrict entrance of other
animals or the escape of animals so contained therein.
(2) Every building or enclosure wherein animals are
maintained shall be properly ventilated to prevent
drafts and to remove odorsr heatinq and coolinq
shall be provided as required, according to the
physical need of the animals, with suffiafent light
to allow observation of animals.
i3) All animal rooms, cages, kennels, runs, stalls and
corrals shall be of sufficient size to provide
adequate and proper accommodations and protection
from the weather for the animals kept therein.
(4) All animal facilities shall be constructed and operated
in a manner that zeasonably protects public health
and safety and safety of the animals.
B. 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.
C. Care of animals
(1) Al1 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.
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(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.
(3) All sick, diseased, or injured animals shall be
isolated from healthy animals at all times and shall
be given pzoper medical treatment. The Administrator
may order the operator of the facility to immediately
seek licensed veterinarian treatment of any animal.
(4) All animals shall be treated in a humane manner.
D. Compliance
(1) Animal control officers shall have the authority
' to enter the animal facility except by means of force
~i when he has reason to believe that the provisions of
I the permit or this ordinance, applicable state law,
or the rules and ragulations of the Administrator
are being violated. The failure of the operator
to consent to the entry shall be deemed just cause
for the revocation of the permit.
(Z) Failure of an applicant or a permit holder to comply
with any of the provisions of the permit, this
ordinance, or applicable state law, or the rules
and regulations of the Administrator shall be deemed
just cause for the denial of any permit, either
original or renewal, or for =evocation of a permit.
8 08:410 Expiration and renewal of permit,
pny permit issued by the County of Santa Clara 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.
Upon failure to make application for the renewal of a pezmit
within thirty (30) days of the expiration of a permit, or prior
thereto, the applicant shall pay in addition to the permit iee a
Ten Dollar (510.00) penalty for late renewal.
8.08.420 Inspection,
As a condition to the issuance or renewal of a permit under
this Chapter, an animal control officer shall have the authority
to inspect at any reasonable time the animal facility.
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8.08.430 Denial or revocation of permit.
The Administrator may deny or revoke any permit issued pursuant
to this Chapter in the followinq situations:
, A. whenever he determines by inspection that any animal
facility fails to meet any of tha conditions of the permit, this
ordinance, or applicable state law.
H. Whenever he has reason to believe that the applicant or
permit holder has willfully withheld or falsified any information
required for a pezmit.
C. If the applicant or permit holder has been convicted by
a court more than twice within a twelve t12) month period, ot
violation of this ordinance or of state laws relating to animals
or public nuisance caused by animals.
D. if the applicant or permit holder has beea convicted of
cruelty to animals in this or any other state within the previous
five (5) years. For the purpoaes of this section, a bail forfeiture
shall be deemed to be a conviction of the offense charged.
8.08.440 Appeal from denial or revocation of peiznit.
Prior to denial or revocation of a permit, the Administrator
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
before the Administrator within five (5) days after receipt of
such notice if he wishes to challenqe the denial or revocation.
The Administrator shall set the time and place for hearing and
cause notice of such hearing to be mailed to the person requesting
such hearinq at least five (5) days before the date of the hearing.
The hearing shall be conducted according to Section 8.08.220.
8.08.450 No new permit after denial or revocation.
If a permit has been denied or revoked, the Administrator
shall not accept a new pezmit 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 Administrator finds, by inspection and/or investigation,
that the grounds upon which the first application was denied or
the permit revoked no lonqer exist.
8.08.460 Permit required for dangerous animal.
No person shall keep, have, maintain, sell, trade, or let for
hire a dangerous animal without first obtaininq a permit from the
Administrator. The application for a permit, permit conditions,
inspection, denial, revocation, and appeal shall be the same as
set fortlz in Sections 8.08.390, 8.08.400, and 8.08.420 through
8.08.450, inclusive, of this ordinance.
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No permit shall be required of any zoo, university, college,
,governmental research agency, or other bona fide scientific
I~ institution, as determined by the Administrator, engaging in
, scientific or public health research. For the purposes of this
.section, a zoo shall be considerad any orqanization which e~chibits
, animals to the general public at reqular specified hours, egualing
at least 30 hours a week for 36 weeks a year, and whose animals,
whether maintained for exhibit purposes or not, are not for sale
. to private individuals.
8.08.470 Permit denial.
Notwithstandinq anything to the contrary, the Administrator
may deny or revoke a permit to keep or maintain any danqerous
animal when, in his opinion: a) any such animal may not be kept
or maintained without endangerinq the safety of any person(s) or
property; or b) the keeping of the animal would constitute a
public nuisance; or c) the animal would be subject to suffering,
neglect, cruelty, or abuse. The Administrator in his discretion
may require any such animal to be properly 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
Administrative Code and federal standards issued under Chapter 1
of Title 9 of the Code of Federal Regulations. Nothinq in this
section shall be construed to permit the keeping of dangerous
animals where zoning provisions or state law would prohibit such
keeping.
8.08.480 Pezmit ceriod and fee.
The fee for a permit to keep or maintain one dangerous animal
shall be Fifty Dollars (550.00) for a twelve (22) month term, and
the fee for each additional danqerous animal shall be Twenty-five
Dollars (525.00). The permit shall expire and be renewable as
set forth in Section 8.08.410
8.08.490 Sale of cats or doas.
No person or establishment shall display, sell, exchange,
barter, or give away any cat or dog under eight (B) weeks of age,
except as a surrender to a licensed animal shelter, Proof of age
of the dog or cat may be required by any animal control officer.
Pzoof of age may include, but not be limited to, a certification
by a licensed veterinarian attesting to the animal's age.
B.08.500 Immunization.
All cats or dogs over eight (8) weeks of age, before they are
sold, must be immunized against common d3sease--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.
Such statement shall also include the animal's immunization histozy,
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.
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