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HomeMy WebLinkAbout38.22 ORDINANCE NO. 38.22 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE I OF CHAPTER 14 OF THE SARATOGA CITY CODE, BY MODIFYING, CHANGING, AND ADDING TO THE PROVISIONS THEREIN SET FORTH RELATING TO ANIMALS AND FOWL. The City Council of the City of Saratoga does hereby ordain as follows: Sec~ion .!~ The Saratoga City Code is hereby amended by enacting,.adopting and adding to Article I of Chapter 8 of said Code, the following new sec'tions: Sec. 8-0. Definitions. The words and terms used in this~ article shall have the meaning indicated as follows, unless the context clearly indicates otherwise: (A) Animal: shall include any mammal, poultry, bird, reptile, or fish. (B) Animal menagerie:: shall mean any place where wild animals are kept.or maintained for any con~nercial purpose, including places where wild animals are boarded, trained, or kept for hire. (c) Cat: shall include all domesticated felines. (d) Dog: shall include all domesticated canines. (e) Grooming Parlor: shall mean~any commercial place where animals are trinened, bathed, or groomed. (f) Health Officer: means the County of Santa Clara Director of Public Health or any other person duly authorized to act on his behalf. (g) Kennel: shall mean any building, structure, enclosure or premises whereupon or within which four (4) or more dogs or cats are kept for any reason or purpose whatsoever. The term shall not include dogs orcats under 120 days of age. (h) Livestock: shall.include all, domesticated bovine, equine, capfine, ovine, avian and rodent species. (i) Owner: shall mean any person.who owns an -. animal, or' who harbors or keeps an animal for five or more consecutive days. (j) Pet Shop: shall mean an establishment operated by any person, firm, or corporation where any live animals are kept for sal~, barter, or hire. -1- (k) Pound: shall in~iud~ all places where impounded animals are to be confined, whether by the Count~ or by private person or persons under contract or agreement with the County.o~ City._ (1) Public Aquarium: sh~ll mean any place where fish or other aquatic animals are kept or maintained for public exhibit, sale, or trade. (m) Poundmaster: Shall mean and include a rabies control operator, and/or any persons duly appointed by the Health Officer and authorizeH to act in his behalf in the enforcement of the animal and rabies control prbgram, of the County of Santa Clara, so lohg as the County of Santa Clara is rendering Health Department services to this City under contract; at such time as, if at all, the County Health Department ceases to be the Health Department for this City, then such term shallmean the comparable person and/or enforcement officer of this{]City~= (n) Vicious animal: shall mean any animal which shows a propensity to attack, bite, scratch, or harass people or other animals without provocation.' (o) Wild animal: shall mean any wild, exotic, dangerous or venomous:animal including but not limited to mammals, fowl, fish, or reptiles. See. 8-4.1. Wild~ Exotic or Npn-domestic Animals in Captivity. No person shall have, keep~ maintain, sell, trade, or let for hire anyewild, exotic, · dangerous, or non-domestic,animal without first applying to and receiving special authorization from the Health Officer. The keeping or main- tenance of such animals sh~ll also conform to · the appropriate zoning codes. The Health Officer may authorize the keepin~ or maintaining of any wild~ exotic, dangerous or non-domestic animal when, in his opinion, any such animal may be kept or maintained with- out endangering the safety~of any person or property; provided, however, that the Health 0fficer may require any such animal to be properly caged, tethered, or restrained, and that he may make such additional requirements that may benecessary and proper under the circumstances. He may revoke such authoriza- tion when, in his opinion,!the safety of any person or property is endahgered by the keeping of any such animal. -2- (a) EXceptions: The provisions of this Section shall not be applicable to licensed circuses, carnivals, zoos, or other collections of wild animal under jurisdiction of a city, county, state, or federal government. Sec. 8-4.2: Abandoned Animals. It is unl~wful~to abandon any animal in the City of Saratoga. Sec. 8-17'.1. Vaccination of Do~s. Every owner of a dog over 4 months of age in the City shall cause such dog to be vacci- nated with the rabies vaccine approved by the State of California and administered by a duly..licensed veterinarian. The vaccination shall be made after 1 year ifthe prior vaccination was with Tissue Phenolized Vaccine' or after 2 years if the prior vaccination was with Chick Embryo Vaccine. Sec~ 8-21.1: VaccinatiOn as Condition to Issue of License. Prior to the issuance of any license it shall be necessary that the dog licensed shall be vaccinated with anti-rabies vaccine as pro- vided in Section 8-17.1 which is &ffective and recent enough to provide protection against rabies for the licensed period. Section 2: The caption~of Division 4 of Article I of Chapter 8 of the Saratoga City Code is hereby amended to read as follows: Animal Establishments Licensin8 Section 3: The following sections of ArtiCle I of Chapter 8 of the Saratoga City Code, are hereby amended to read as follows: Sec. 8-16.' Diseased or Vicious Animals. (a) No person owning or having charge. of any vicious animal shall permit such Vicious animal to be or remain upon any street or other public place in the City. (b) No person owning or having charge of any animal that is infected with any disease transmissable to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the City other than at an approved Veterinary Hospital. Otherwise the Health Officer shall be empowered to seize and destroy such diseased animal. -3- (c) The Rabies Control Operator shall Seize any animal he reasonably believes to be~ diseased, viciou~ or has bitten someone. He shall keep such animal in a safe place long enough to observe, exBmine, and determine whether it is diseased or vicious so as to be a menace to public health or safety. (d) Animals which have been determined by a veterinarian or other qualified person to be so diseased or vicious as to be a menace to public health or safety, may be destroyed by orunderthe direction of the Health Officer. Sec. '8-21. License Tax. A dog license tax of $3.00 per annum shall be paid for each dog within the City, except that.the tax for a license purchased more than sixty (60) days after any notice to the owner to obtain a license shall be $5.00. The owner of any dog not exempt from the tax shall be personally liable for the said tax. Sec. 8-19. Exemptions from License Tax. The followi~g are exempt from the requirement for license: (a) Dogs l~ss than 120 days old. (b) Dogs vaccinated and licensed in other jurisdictions for valid period of license. (c) Dogs owned by a non-resident of the City traveling through or temporarily so- journing therein for not more than thirty (30) days. (d) Dogs temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than 15 days. thereafter. (e) Dogs on sale in duly licensed pet shop or dog kennel where they are kept enclosed at all times. (f) Dogs honorably discharged or released from the services of the Armed Forces of the United States, dogs principally used for the purpose of leading p~rs?ns with defective eyesight and dogs sic~'.~ ~used in law enforcement agencies. Licenses and tags shall be issued for such dogs upon request without charge. Sec.'8-22. Issuance of License. Upon the payment of the license fee'and the presentation of a certificate of vaccination by a duly licensed Doctor of Veterinary Medicine, the Director of Public Health shall issue a license stating 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 humher of the metallic tag accompany- ing the same. Sec. 8-23 License Period. Dog licenses shall expire onvthe first day of the twelfth month after purchase. Dog licenses shall be renewed upon expiration, and the license period for dogs licensed for the first time may commence at any time during the year. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the'previousLperiOdr~c,~. Sec. 8-28. Establishment License Fee. No person shall within,this City conduct or operate any kennel, pet shop, pet grooming parlor, public aquarium, or animal menagerie without. first obtaining a license from the Health Officer. The annual license fee shall be $10.00, except that the fee for any such'license issued after the 31st day of AuguSt of.ahy year shall be $5.00 for the balance of the calendar year. Sec. 8-29. Appli.ca~ion fo[ ~icense. An application for a license to operate a kennel, public aquarium, pet shop, pet grooming parlor, or animal menagerie shall be made in writing to the Health Officer. Not later than ten (10) days after receipt of the application by the Health Officer, the place of housing for which said 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 as set forth in this Article are complied with. Sec. 8-30. General RegulatiOns.- Animal Establishments.' Every person within the City of Saratoga who owns, conducts, manages, or operates any animal establishment for which a license is r~quired by this Article shall comply with each of the following conditions: -5° (a) Housing facilities.for animals shall be structurally sound and shall be main- tained in good repair to protect animals from injury and restrict entrance of other animals. (b) All.animals and all animal buildings or i enclosures shall be maintained in a clean and sanitary condition~ (c) All animals shall be supplied with s~ffi- cient ~ood and wholesome food and water as often as the feeding habits of the respective animals require. (d)' Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. (e) All reasonable precautions shall be taken to protec~ the public from the animals and animals from the public. (f) Every building or enclosure wherein animals are maintained shall be properly venti- lated to prevent drafts and to remove odors. Heating and cooling shall be pro- vided as required according to the physical needs ofthe animals. (g) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein. All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation. (i) All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the Health Officer. (j) Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the Health Officer. Failure of the applicant for said license to comply with any one of the foregoing conditions shall be deemed just cause for the denial or revocation of any license, whether original or renewal. Section 4: SeCtion 8-20 of Division 3 of Article I, of Chapter 8 of the Saratoga City Code, is hereby repealed. -6- Section ~.: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent Jurisdiction to be invaIid, such decisions shall not affect the validity of the remaining provisions 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 any one or more-sections, subsec- tions, sentences, clauses or phrases be held invalid or unconsti- tutional. Se.~tipn ~.: This ordinance shall take effect and be in full force and effect thirty (30) days after the date of its pass'age and adoption, The above and foregoing ordinance after public hearing held thereon by the Planning Commission of the City of Saratoga was thereafter introduced, and public hearing held thereon by the City Council of the City of Saratoga and was thereafter passed and adopted on the ~t8 ~day of SeDtemb~ , 1968, by the following vote AYES: Councilmen Dwyer, Robbins, Sanders Smith, Tyler NOES: None ABSENT: None ~~: YOR The above and for~oing is a true and Correct copy of Ordin~-,ce .~. ,~ which has bee~ p~shed according to hw,