Ordinance No. 13-2105 8.03.010 and 13.04.130(D) Off leash dog exception for City eventsORDINANCE Al CE NO.13 -2105
AN ORDINANCE OF THE CITY COUNCIL of THE CITY of CUPERTINO
AMENDING SECTIONS 8.03.010 AND .04.130 of THE CUPERTI O
MUNICIPAL CODE To ALLOW FOR WATERFOWL MANAGEMENT BY
ADDING AN OFF LEASH DOG EXCEPTION FOR CITY-AUTHORIZED
EVEN'T'S AND PROGRAMS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Code Amendment. Section 8403,010 of the Cupertino
Municipal Code is hereby amended to read as follows:
8.0 .010 Restraint int of Dogs.
The owner or person. with the right to control any dog shall Deep
such dog under his or her own physical restraint by means of a
leash or shall keep such dog confined behind a fence not less than
six feet high except for any of the following:
A. Guide dogs for the blind or deaf while performing their
duties;
B. Dogs participating in field or obedience trials or
conformation e hibiti ns;
C. Dogs assisting their owner /handler in legal hunting
activities or in the herding of livestock;
D. Dogs assisting a security guard or assisting a peace officer
engaged 1n law enforcement activities;
E. Dogs assisting in search and rescue activities;
F. Dogs participating in City-authorized events or programs;
and
G. 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 the trainer/handler.
Any person who violates the provisions of this section shall be
guilty of an infraction and upon conviction thereof shall be
punished as provided in Chapter 1,12.
Ordinance No. 1 -2105
Page
Section 2. Code Amendment. Subsection 13.04.130(D) of the Cupertino
Municipal Code is hereby amended to read as follows:.
No person having the control or care of any dog, shall suffer or
permit such dog to enter or remain in a park or sport field, unless
posted for such use, and then only if it is led by a leash of suitable
strength not more than sic feet in length, unless it is permitted to be
off -leash by the City as part of a City - authorized event or program;
and the owner and the attendant shall be responsible for any
damage caused, in any event, by such deg, even if on leash;
Section 3. Statement o �rT . Municipal Code section 8;03.010
currently allows dogs to be off leash under certain conditions. This amendment
to section 8.0310 .0 would add an off - leash exception for City-authorized events
and programs, which could include management of geese and other waterfowl at
Memorial Park and other potential locations in the City through the use of
trained off -leash herding dogs. Similarly, the amendment to Municipal Code
section 1.04.10D ensures consistency in off -leash dog exceptions by clarifying
that off -leash dogs may be allowed in City parks when authorized by the City as
pant of a City - sponsored event or program, such as a program to promote
waterfowl management.
ent.
Section 4. Severabi . Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or
the application of this Ordinance to any other person or circumstance and, to that
end, the previsions hereof are severable,
Section 5. Effective Date. This Ordnance shall take effect thirty days
after adoption as provided by Government Code Section 36937.
Section 6. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by
lave. Pursuant to Government Code Section 36933, a summary of this Ordinance
may be published and posted in lieu of publication and posting of the entire text.
Ordinance No. 1 -2105
Page 3
INTRODUCED at a regular meeting of the Cupertino City Council the
19th day of February and ENACTED t a regular meeting of the Cupertino City
Council the 51h day of March, 2013 by- the following Grote:
Vote Members of the City Council
Ares: Mahoney, Chang, Santoro, Sinks
Noes: Wong
Absent: None
Abstain: None
Grace Schmidt, City Clerk
APPRCM D:
VIA"
rxn Mahoney, Wor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 132105, which was
enacted ' on March 5, 201.3, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 7th day of March, 201.3.
GRACE SCHMIDT, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
urainan a certiricate