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HomeMy WebLinkAbout38.122 OI~/}IN/UqCE NO. 38. 122 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 8, ARTICLE I, OF THE SARATOGA CITY CODE PERTAINING TO ANIMAL CONTROL WHEREAS, the County of Santa Clara provides animal control services for the City of Saratoga; and WHEREAS, the County has adopted various amendments to its own ordinances relating to animal control; and WHEREAS, the County has requested the City to adopt similar amendments in order to bring the Saratoga City Code into conformity with the County ordinances and thereby provide a uniform system of regulation and enlorcement, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section h Section 8-3.2 is hereby added to Chapter 8, Article I of the Saratoga City Code, to read as follows: '~iec. 8-3.2 - Condition related only to seizure of dogs running at large. The Poundmaster shall not seize or impound a dog for running at large in violation of Section 8-3 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. A dog that has strayed away lrom 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 8-3, but in such a case a citation for such violation may be issued; provided, however, that if in such situation the owner or the person who has a right to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundmerit on the front door of the living unit of the owner or person who has a right to control the dog. " Such notice shah 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 ol the dog if no action to regain it is taken within a specilied period of time by its owner or by the person who has a right to control the dog. Rev. 10/17/84 -1- This section shall not otherwise affect the authority of the Poundmaster to seize or impound a dog or issue citations as a result of the violation of sections of this Article other than Section Section 2: Section g-7.1 is hereby added to Chapter g, Article I of the Saratoga City Code, to read as follows: "See. 8-7.1 - Sale of Cals 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 health officer. Proof of age may include, but not be limited to, a certification by a licensed veterinarian attesting to the animal's Section 3: Section 8-7.2 is hereby added to Chapter 8, Article I of the Saratoga City Code, to read as follows: ~oec. 8-7.2 - 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 insuring compliance with this section, the adoption agreement will be modified accordingly. (b) Violation of this section shall be deemed to be an infraction and shall be punished in accordance with Chapter 2.5 of the Saratoga City Code. (c) 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 fowarded 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." Section ~: Section 8-8.1 of the Saratoga City Code is hereby amended, to read as follows: "Sec. 8-8.1 - Summary Seizure and Post-Seizure Hearing. (a) Except as provided in Section 8-3.2, the Poundmaster may seize and impound an animal for violation of any provision of this Article Rev. 10/17/8~ -2- or state law prior to a hearing in any of the following situations where the owner is not present and where the Poundmaster 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) Even when the person owning or having charge of an animal is present, the Poundmaster may seize or impound any such animal he reasonably believes to be infected with disease transmittable to man or to be vicious so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the Poundmaster reasonably believes that such seizure and impoundmerit is necesary to protect the public health or safety. (c) If the owner or person who has the right to control the animal wishes to challenge the impoundmerit, he shall personally deliver or mail a written request for a hearing such that it is received by the Poundmaster within seventy-two (72) hours of the seizure and impoundmerit. (d) The Poundmaster shall promptly set the time and place for the hearing before him which shall be not more than seven (7) days after receipt by the poundmaster of a request for hearing, 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. (e) The hearing shall be conducted as set forth in Section 8-12." Section 5: Section 8-17 of the Saratoga City Code is hereby amended, to read as follows: "Sec. 8-17 - Animal bites; quarantine, viohtion 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 contorl officer shall seize and quarantine such animal for a period of fourteen (1~) 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 his premises. Rev. 10/17/8~ -3- (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. (d) The health officer may charge a fee, as set forth in a resolution of the Board of Supervisors, for the 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 which dies or is destroyed while Under quarantine shall be submitted to the laboratory of the County Health Department for rabies examination. Section 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaiing portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 7: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the ' 7th day of November , 19g% by the following vote: AYES: CounCilmember Moyles and Mayor Pro Tern Hlava? NOES: Councilmember Callon ATTEST: ~ ~ Mayor The above and foregoing is a ff~ and correct j_,,,CJ~erk~/ copy of Ordinance '~jl',lZz, which has been pubiisi~ed according to law. City CI Rev. lO/17/S 4- CO,, Deputy City Clerk /' Date