Ordinance 965 • s
ORDI?1a21CE N0. 96~
~ AN ORDINANCE OF THE CITY OF CUPERTI2J0 AMENDI2JG VARIOUS
` SECTIONS OF CEiAPiER 8.08 OF THE CUPERTINO ORDINANCE
~ CODE RELATZNG TO THE KEEPING OF VICIOUS ANIMALS.
THE CITY COUNCIL OF TFiE CITY OF CUPERTINO, STATE OF CALIFORNZA,.
' DO ORDAIN AS FOLLOWSt
Section 1. Section 8.08.040 of the City of Cupertino
ordinance Co~de
is.asaended to read:
8.08.040 Definitions
L) "Vicious animal" is presumed to be any animal,
except a dog assisting a peace officer engaqed in law en€orcement
activities, which demonstzates any or all of the following behavior:
~ 1) An attack, without provocation, which
requi.res a defensive action by any person to prevent
bodily injury and/or property damage in a place where
such person is conductinq himself peacably and
lawfully.
2) An attack on another animal or livestock
which occurs off the property of the owner of the
attacking animal.
3) An attack, without provocation, that results
in an injury to a person in a place where such person
is conducting himself peacably and law£ully.
4) Any behavior, without provocation, that-
constitutes a physical threat of bodily harm to a
person in a placa where such pezson is conducting ~
himself peacably and lawfully.
For the purposes of this section, a person is
peaceably and lawfully upon the p=ivate property of
an owner of t*~e animal when he is on such property
in the performance of any duty imposed 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 iaplied.
Section 2. There is hereby added to the City of
Cupertino bZinance Code Section 8.08.085, which is to read:
No person•hall keeo, have, maintairl~ sell, ~sade, or
let for hire, a dangerous or vicious animal without first obtaining
a pe*_znit from the animal control of:icer under the provisions and
procedures of Section B-4-86 et ~eq. of the County of Santa Clara
Ordinance Code. ~
No permit shall be reguired of any zoo, university, ~ ,
college, qovernmental research agency, or other bona fide
scientific institution, as determined by the Animal Control
Officer, engaging in scientific public hea2th reseazch. For •
purposes of this section, a zoo shall be considered any organization
which exhibits animals to the general public at regular specified
hours, equalling at least 30 hours per week for 36 weeks a year,
and whose animals, whether maintained for exhibit purposes or not,
are not for sale to private individuals.
Section 3. Section 8.08.090 of the City of Cupertino
Ordinance Co e is ereby amended to read:
8.08.090 Diseased, danqerous, or vicfous animals
A. No person owning or having charqe of any animal
which he knows to be infected with any disease transmissible to
man shall permit such animal to be or remain within the City
other than at an approved veterinary hospital unless the Health
Officez approves an alternative means of confinement.
e. The Animal Control Officer shall seize any animal
he reasonably believes to be diseased, dangerous, or vicious,
and for which a permit has not been issued. He shall keep such
animal in a safe place for a period sufficient to observe, examine,
and determine whether it is diseased, danqerous or vicious.
C. Diseased, dangerous, or vicious animals which are
~ieemed by the Animal Control Officer to be a menace to the public
health or safety, shall be destroyed.
D. Any person aggrieved by the action of the Animal
Control Officer in seizing any animal under the provisions of
subsection B of this section may appeal said action by filinq an
appeal with the County Health Department under the procedures
of described in Division B-4 of the County of Santa Clara Ordinance
Code relating to animals and fowl.
~ ~
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino, this 19th day of November , 1979, and ENACTED this
4th day of December , 1979, a[ a regular neeting of the City
Council by the following vote:
Vote Membera of the City Council
' AYES: Jackeon, 0'Keefe~ Rogeza~ Sparka, Meyere
NOES: None
ABSENT: None
ABSTAIN: None
~ ATTEST: APPROVED:
~ . ~,~,,J
City Clerk Mayor, City of Cuper o