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HomeMy WebLinkAbout38.101 ORDINANCE NO. 38. 101 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 1 OF CHAPTER 8 OF THE CODE OF THE CITY OF SARATOGA DEALING WITH ANIMALS AND FOWL The City Council of the City of Saratoga does'hereby ORDAIN as follows: SECTION I Section 8-17 of Article 4 of Chapter 8 of the Code of the City of Saratoga, California, is hereby amended to read as follows: Section 8-17. 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 in regard to the incident. (b) 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. (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 the 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. (d) 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. SECTION II Article 1 of Chapter 8 of the Code of the City of Saratoga is hereby amended by adding Section 8-21.2 to read as follows: Section 8-21.2. Veterinarian responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog with anti-rabies vaccine shall use a form provided by the licensing authority to certify that such animal has been vaccinated. SECTION III Article 1 of Chapter 8 of the Code of the City of Saratoga is hereby amended by adding Sections 8-8.1 and 8-8.2 to read as follows: Section 8-8.1. Summary seizure and post-seizure hearing. (a) An animal control officer may seize and impound an animal for violation of any provision of this division or state law prior to a hearing in any of the following situations where the owner is not present and where the officer reasonably believes it is necessary: (1) To protect public health, safety and property: (2) To protect an animal which is injured, sick, or starving and must be cared for; and (3) To protect an animal from injury which has strayed onto public property or public right-of-way. (b) If the owner or person who has the right to control the animal wishes to challenge the impoundment, he shall personally deliver or mail a written request for a bearing, such that it is received by the administrator within seventy-two (72) hours of the seizure and impoundment. (c) 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 hearing at least five (5) days before the date of the hearing. -2- (d) The hearing shall be conducted as set forth in Section 8-12. Section 8-8.2. Hearing prior to animal deprivation. (a) Except as provided in Section 8-8.1, the administrator 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 an appealhearing is held as set forth in Section 8-16.2. (b) 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 by imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not to exceed Five Hundred Dollars ($500), or by both fine and imprisonment, and in addition, the animal Control officer may immediately seize and impound the animal. SECTION IV Section 8-16.2 of Article 1 of Section 8 of the Code of the City of Saratoga is hereby amended to add the following two subsections (4) and (5) to the existing section, and to add further text to the main body of the section: (4) To prove financial responsibility by posting a bond or certificate or insurance for the amount of Ten Thousand Dollars ($10,000), or more; and (5) To inform, along with animal control, any city, county, postmaster, utility, company meter readers, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal's viciousness if the animal is moved into an area. Any violations of this agreement of this chapter is a misdemeanor, which may result in the prosecution of the person by the district attorney or city attorney. -3- SECTION V Section 8-29 of Article 1 of Chapter 8 of the Code of the City of Saratoga is hereby amended to read as follows: Section 8-29. Application. (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 establish- ment, or dangerous animal shall be in writing on a form approved by the administrator. The applicant shall furnish a list of the types of animals to be maintained or used for any person, together with the approximate number of animals of each type. Not later than ten (10) days after receipt of the application by the health officer, the place of housing for which such license is requested will be examined by the health officer. No license shall be issued or renewed unless and until all general regulations relating to animals is set forth in this article are complied with. (b) The administrator 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 chapter. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this chapter. (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 administrator upon request. -4- SECTION VI This ordinance takes effect thirty (30) days after its final passage and adoption. The foregoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the ]9t~ay of August , 1981, by the following vote: AYES, and in favor thereof, Councilmembers: Clevenger~ Jensen, Mallory, Watson, Mayor Callon NOES, Councilmembers: None ABSENT, Councilmembers: None MAYOR ATTEST: CITY CLE~ The above and foregoing is a trim and correct copy o? O,~'dir,.-'mce J2'./o / _ willel} has l~een published according to taw. Deputy City Clerk g Date -5- " '