HomeMy WebLinkAboutOrdinance 323 -Amending Chapter 7 of City CodeORDINANCE NO. 323
AN ORDINANCE AMENDING CHAPTER 7
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS
Findings
1 The City of Saratoga wishes to amend the provisions of the City Code concerning
animals in order to remedy internal ambiguities, clarify existing requirements,
codify staff interpretations, omit redundant terms and provisions, and amend
grammatical and other errors
2 The City of Saratoga also wishes to make general updates and clarifications,
reflect current practices and laws, and address the public safety risks associated
with dogs that bite people or domestic animals and create achievable standards for
maintaining these dogs
3 The City Council of the City of Saratoga held a duly noticed public hearing on
November 5, 2014, and after considering all testimony and wntten matenals
provided in connection with that hearing introduced this ordinance and waived the
reading thereof
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth in Attachment 1 Text to be added is
indicated in bold double -underlined font (e g., bold double -underlined) and text to be
deleted is indicated m strikeout font (e.g., strilkeeut) Text in standard font is readopted by
this ordinance Text in italics (e g , Italics) is descriptive only and is not part of the
amendments to the City Code
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this
ordinance If any section, sub -section, paragraph, sub -paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated
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Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3) CEQA applies only to projects which have the potential of causing a
significant effect on the environment Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code address regulation of animals only and would have a de minimis impact on the
environment
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of
the City of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 5th day of
November, 2014, and was adopted by the following vote on November 19th, 2014
COUNCIL MEMBERS
AYES. Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES• None
ABSENT. None
ABSTAIN None
A EST.
AM
ry' .1 Bothelio, CITY CLERK
APPROVED AS TO FORM.
SIGNED
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
Richard Taylor, CITY ATTORNEY
DATE
DATE
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Attachment 1 — Amendments to Article 7-20 of the Saratoga City Code
Article 7-20 - ANIMALS -AND FOWL
7-20.010 Definitions
For purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly
requires otherwise:
(a) Animal includes any live vertebrate creature, domestic or wild, except fish.
(b) Animal Control Officer means the Community Development Director or another
City Employee or agent duly appointed in writing by the City Manager to act m
fin his or her behalf :... - - .. • e _ _ in the
administration and enforcement of the animal and rabies control laws and the
provisions of this Article.
(c) Animal establishment means any commercial premises or place within the City
where animals are kept, boarded, trained, sold or groomed, including a kennel, pet
shop, and grooming parlor
(e d) Animal shelter or shelter means a facility operated by a public agency
iiirisdietien or by an accredited, tax-exempt humane organization for the purpose
of impounding, harboring, selling, placing, or destroying seized, stray, distressed,
homeless, abandoned, or unwanted animals
(€g) Cat includes all domesticated felines.
(g fD' Commercial kennel means any person engaged in the commercial breeding of
dogs or cats, or both, for sale, individually or in litter lots; or in the boarding,
training, sale or hire of dogs and/or cats for compensation, except that animal
hospitals maintained by a veterinarian licensed by the State of California as part
of the practice of veterinary medicine, animal shelters, or private kennels shall not
be considered commercial kennels.
(h g) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or
other animal; other than a dog, which because of its size, disposition, or other
characteristic would constitute a danger to persons or property.
hl Dangerous dog means an dog, except a do . ; .1 • ; • • ; • 11 • , , . • ,
in law enforcement duties, which has demonstrated any or all of the
following characteristics:
(1) inflicted severe injury or killed a person; or
than twice during a thirty-six month period.
(i) Dog includes all domesticated canines.
(1) Grooming parlor means any commercial premises or place where animals are
trimmed, bathed or groomed.
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(i Owner means any person who owns or exercises custody and control of an
animal or who harbors or keeps an animal for five consecutive days.
(m 1) Person means any individual, establishment, firm, association, organization,
partnership, trust, corporation, or company.
(n m) Pet shop means an establishment operated by any person where any live animals
are kept for sale, barter or hire.
the County or City.
(n) Potentially dangerous dog means any dog, except a dog assisting a peace
officer engaged in law enforcement duties, that has committed any of the
following acts:
(1) on two separate occasions within a thirty-six month period, engaged
in any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the dog are off the
property of the owner of the dog and the dog was not first proven to
have been physically assaulted by the person; or
(2) bitten a person causing an injury that is not severe as defined herein;
9x
(3) severely injured a domestic animal at a location that is not the
property of the owner of the dog,
(p Private kennel means a person who maintains within or adjoining his or her
private residence three or more dogs over four months of age, or three or more
cats over four months of age, but no more than a combined total of five dogs and
cats, such animals to be for that person's recreational use or for exhibition in
conformation shows, field or obedience trials and where the sale of offspring is
not the primary function of the kennel. The maintenance of more than two male
dogs or cats used for breeding purposes for which compensation is received, or
the parturition and rearing of more than two litters of dogs or cats in any one
calendar year from the total number of females owned or maintained by that
person on the premises, shall be a rebuttable presumption that such animals are
owned or maintained for the purposes of commercial breeding; and the owner of
the premises shall be subject to the permit requirements of a commercial kennel
(q Quarantine means isolation of an animal in a place and manner approved by the
Health Offcer Animal Control Officer.
characteristics.
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disfi . urine lacerations, one or more broken or fractured boned or re • uires
multi r le sutu es or staples, or corrective or cosmetic surge •
(s r) Wild animal means any wild, exotic, undomesticated. dangerous or venomous
animal, including mammals, fowl or reptiles.
7-20 020 Authority of City Manager and Animal Control Officer.
The City Manager and Animal Control Officer shall have the following power and authority.
(a) To enforce the provisions of this Article and state laws relating to the care, treatment,
impounding and destruction of animals.
(b) To arrest any person who violates any provision of this Chapter in the manner provided by
Section 836.5 of the Penal Code.
(c) To issue a citation (notice to appear in court) pursuant to Section 14503 of the
Corporations Code (Animal Control Officer only).
(d) To act as a public officer pursuant to Food and Agriculture Code Section 7.
(e) The City Manager may formulate rules and regulations in conformity with and for the
purpose of carrying out the intent of this Article. Such rules and regulations shall have the
same force and effect as this Article when adopted by the City Council and any violation
shall be deemed an infraction.
(1) Pursuant to Section 14503 of the Corporations Code. the City Manager may deputize
designate as an Animal Control Officer any employee of a public agency shelter which
has contracted with the City to provide animal care or protection services. any
g) To propose such fees as are necessa for the administratio of this Article includint
but not limited to the fees referenced herein. All fees shall be approved by
resolution of the City Council.
[7-20.030 Inspection by Animal Control Officer. No change to existing City Code ]
7-20 040 Animals running at large
(a) No person in the City owning or having control orestedy of any dog or any other animal
shall cause, permit or allow the same to be at large or to stray or wander into any school
yard, school building, public park, public highway or street or upon any private place or
property without the consent of the owner or person in control thereof
(b) No dog shall be permitted or allowed in any residential or commercial zoning district in
the City, except -
(1) Within the confines of a building or structure; or
(2) Within the confines of a fenced enclosure at least five feet in height which, in the
opinion of an Animal Control Officer, is of sufficient strength and design to prevent
escape by the particular dog confined therein; or
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(3) Where such dog at all times is held and led by a leash of not more than six feet in
length, securely attached to a harness or collar on the dog and held by a person
capable of exercising complete control over such dog
(c) The provisions of this Section shall not apply to dogs assisting peace officers engaged in
law enforcement activity, or dogs being trained by peace officers, or their agents, for law
enforcement activity
(d) An Animal Control Officer shall not seize or impound a dog for running at large in
violation of this Section 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 nght
of possession but in such a case a citation for such violation may be issued
(e) A dog that has strayed away from but then returned to the private property of its owner or
the person who has a nght to control the dog shall not be seized or impounded merely for
violation of this Section, 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 nght to
control the dog is not home, the dog may be impounded, but the officer shall post a notice
of such impoundment on the front door of the living umt of the owner or person who has
a right to control the dog. Such notice shall 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 o f the
that the dog may be destroyed or all owner's rights forfeited
under Section 7-20.110(g) if 1103-ae o its owner does not lawfully regain possession
of ft the dog within four business days after (but not including) the date of posting of
the notice or obtain a signed written agreement from the Animal Control Officer to
keep the dog for a specified longer time period.
(f) Nothing contained in subsection (d) or (e) of this Section shall affect the authority of an
Animal Control Officer to seize or impound a dog or issue citations for violation of any
other Section of this Article
7-20.060 Wild, exotic or nondomestic animals in captivity
(a) No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous
animal or nondomestic animal without first applying to and receiving special
authorization from the City Manager and/or. the Hea It Office" The keeping or
maintenance of such animals shall also conform to all applicable zoning regulations
(b) The City Manager may authonze the keeping or maintaining of
any wild, exotic, dangerous or nondomestic animal when, in his or her opinion, any such
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animal may be kept or maintained without endangering the safety of any person or
property; provided, however, that the City Manager may
require any such animal to be properly caged, tethered, or restrained, and he or she may
impose such additional requirements that may be necessary and proper under the
circumstances. 14e The City Manager may revoke such authorization when, in his or
ber opinion, the safety of any person or property is endangered by the keeping of any
such animal.
(c) The provisions of this Section shall not be applicable to licensed circuses, carnivals, zoos,
or other collections of wild animals under jurisdiction of a city, county, state or federal
government.
[7-20 070 Abandoned animals. No change to existing City Code J
7-20 080 Disposal of dead animals
(a) When any deg -or -ether animal or fewl owned by or m the mately -or control of any person
dies in the City, such person shall, within twenty-four hours, provide for the burial,
incineration or other disposition of the body of such dead animal or fewl in a safe and
sanitary manner, or such person may request the Animal Control Officer to dispose of
such ammal-er-fewl, and in such event shall pay a fee for such disposal as fixed by City
Council resolution.
(b) Upon learning that the body of a dead animal located within the City has not been
disposed of in a safe and sanitary manner, the Animal Control Officer shall remove the
body immediately. Before disposing of the body of a dead animal, the Animal Control
Officer will give notice to the owner of the animal, if known, within seventy-two hours of
the time that the dead animal is removed The Animal Control Officer shall not be
required to remove and dispose of bodies of dead animals on State highways or on State
property.
(c) The City Council may establish a fee sufficient to defray the cost incident to removal and
disposal of bodies of animals The owner or person in charge of any dead animal shall
pay such fee
7-20 090 Sale of cats or dogs
No person or animal establishment other than a licensed animal shelter shall sell, exchange, or
barter any dog or cat under less than eight weeks of age Proof of age of the dog or cat may
be required by the City Manager and/or Health -Off -leer Animal Control Officer. Proof of age
may include, but is not limited to, a certification by a licensed veterinarian attesting to the
animal's age.
7-20 100 Adoption of animals
(a) Any person adopting an unspayed or unneutered dog or cat from any humane-seciety
animal shelter, peblie-peend
shall have said animal spayed or neutered on or before a date specified in the adoption
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agreement unless a licensed veterinarian states in wnting that (i.) the date specified in the
adoption agreement is inappropriate for the animal in question or (2) the procedure
would threaten the health of the animal On submission of such written statement to
the person at such shelter er-peund responsible for insuring compliance with this Section,
the adoption agreement will be modified accordingly.
dog:. :, ea a ute ea
7-20 110 Impoundment.
(a) Right to impound An Animal Control Officer shall may seize and impound any animal
when impoundment thereof is authonzed or required under any provision of this Article
or State law The Animal Control Officer may also seize and impound any stray animal
rummng at large in violation of Section 7-20 040, subject to the limitations set forth
therein, and any dog not licensed as required by Section 7-20.200 The Animal Control
Officer may seize and impound any animal to protect the public health, safety, and
public and private property (including but not limited to a dangerous dog or
potentially dangerous dog including such dogs when not kept in compliance with
requirements for such dogs as set forth in this Article); and to protect an animal
that is injured, sick, or starving and must be cared for.
thereof.
(b) Notice of impoundment Whenever any animal is impounded under the provisions of this
Article or State law, the Animal Control Officer shall use reasonable diligence to locate
the owner and shall notify such owner of the animal's impoundment, if the whereabouts
of such owner is known. The notice shall state the name, address and telephone number
of the agency or person to be contacted regarding release of the animal and shall indicate
the ultimate disposition of the animal in accordance with Section 7-20.110(g) if no
action is taken to secure its release within the period of time specified in the notice,
which shall be not less than four business five days nor more than ten business days
from the date such notice is mailed or otherwise given to the owner. If the whereabouts of
such owner is unknown, the Animal Control Officer shall post a notice of the
impoundment at a conspicuous place in City Hall, which notice shall contain a
description of the impounded animal and shall set forth the fact that unless it is reclaimed
before the time specified in such notice, which time shall be not less than four business
three days nor more than ten business days from the posting thereof, the Animal Control
Officer will proceed to dispose of such animal in accordance with Section 7-20.110(g)
(c) Hearing pnor to impoundment. Except in cases where summary seizure and impoundment
is authonzed or required under any provision of this Article or State law, the Animal
Control Officer may not seize or impound any animal, without the consent of the owner
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of the animal, unless an -appeal a hearing is held as set forth
in Section 7-20 120
(d) Care of impounded animals The Animal Control Officer shall cause all animals
impounded by -him to be provided with sufficient food and water and with shelter suitable
for such animals.
(e) Fees for keeping ammals. The City Council by resolution shall fix, determine and maintain
a schedule of fees to be collected from the owners of all animals impounded, such fees to
be sufficient to defray the costs incident to such impounding, including all costs for the
care and maintenance of the animal at the pound shelter or other place where the animal
is confined
(f) Redemption of impounded ammal. The owner : : - : : - - :. :: of an
impounded animal may, at any time before the disposal thereof by the Animal Control
Officer, redeem such animal by paying to the Animal Control Officer the fees, charges
and, in the case of dogs, the license fee tax-prescnbed by this Article and any tax
imposed by the State accruing up to the time of such redemption; provided, however, an
impounded animal may not be redeemed where.
(1) Such animal is determined to be diseased and ordered by the Animal Control
Officer to be destroyed, as provided in Section 7-20 140; or
(2) Such animal is determined to be vicious dangerous and ordered by the Animal
Control Officer to be destroyed, or the owner of such animal has failed to satisfy
the conditions for its release of a dangerous dog, as provided in Section 7-
20.145, or
(3) Such animal is required to be quarantined, as provided in Section 7-20 160.
In such cases the owner of the animal may request an appeal hearing pursuant to
section 7-20.120.
(g) Disposition of impounded animal Any animal impounded and not (1) redeemed c(;_)
subject to a request for hearing appealing a decision that the animal may not be
redeemed, within the state -mandated holding period within the time and in the
manner specified in this Article shall may be disposed of by the Animal Control Officer
or the pound shelter where such animal is confined; provided, however, any animal
which that has been determined by a vetennanan licensed by the State or other qualified
person to be diseased or injured to the extent that emergency vetennary care will not
alleviate its suffering shall be destroyed in a humane manner as soon as possible, and in
such event, the Animal Control Officer shall not be required to give the notice described
in subsection (b) of this Section An animal in good health and temperament shall be
made available for adoption or release to a humane society or other society
incorporated and organized for the prevention of cruelty to animals qualifying
under i r i s ra i, i. Section - 5 I 1: nd follow' i s nd deem i facto i
the Animal Control Officer in his or her sole discretion.
(h) Record of impounded animals The Animal Control Officer shall keep a record of all
animals impounded hy-him, which record shall show the date of impoundment, license
tag number, if any, the date and manner of its disposal, and if redeemed or sold, the name
and address of the person by whom redeemed or purchased and the amount of all fees and
other money received or collected by him and the disposition thereof.
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7-20.120 Hearings.
(a) Request for heanng regarding impounded animal Any owner
te-eustody of an impounded animal who wishes to challenge the4mpeundment a
determination that an impounded animal may not be redeemed or the conditions
imposed on redemption shall personally deliver or mail a written request for a heanng
:such that it is received by f4 the City Clerk
• . Failure to file with the City Clerk a written
r st for a heari . ' in the state -man s : $ h i ldin ' eri ' . il i rfeit all ri ' h
e
of ownership and control of the animal to the City of Saratoga. Upon such
forfeiture, the Animal Control Officer shall determine the final disposition of the
impounded animal in accordance with the law.
(b) Request for hearing on other determinations pursuant to this Article. Any owner of
an animal that is the subject of an order or determination pursuant to this Article
other than those described in subsection (a), above, may appeal such order or
determination by personally delivering or mailing a written request for a hearing
such that it is received by the City Clerk within four (4) business days after the
order or determination has been made and either hand -delivered or mailed to the
owner.
LelHearing initiated by Animal Control Officer In cases where the Animal Control Officer
proposes to impound any animal, but summary seizures and impoundment is not
authonzed or required under any of the provisions of this Article or State law, the Ammal
Control Officer may initiate a heanng to determine whether such animal should be
impounded and shall order the owner of the animal to appear at such hearing
(e) Notice of hearing Within two business days of receipt of a written request for
bearing, the The -Animal -Control -Officer City Clerk shall mail or hand deliver written
notice of the time and place of the hearing to the owner or the person requesting the
hearing at least four five (5) business days prior to the hearing date To the maximum
extent reasonably feasible, the notice shall schedule the hearing to be held within 10
business days of the date the notice is mailed or delivered.
(d) (e) Conduct of hearing Hearings pursuant to this Article shall be heard by the
Hearing Officer designated by the City Council pursuant to Chapter 3 of this Code.
At the hearing, the owner and the Animal Control Officer may be represented by counsel,
may present oral and written evidence, and may cross-examine witnesses Strict rules of
evidence shall need -not apply Any relevant evidence may be admitted if it is the sort of
evidence on which responsible persons are accustomed to rely in the conduct of senous
affairs The decision of the Rearing Officer shall be supported by the weight of the
evidence and shall be final The owner shall be given written notice of the decision within
fifteen business days of the hearing. The decision of the hearing officer shall be final
and not subject to appeal to the City Council.
(e) ice' Owner's failure to appear at hearing Failure of the owner to appear at the a hearing en
.... , . _ . - ... .. - initiated by the Animal Control
Officer, shall constitute a misdemeanor, subject to the punishment as prescribed
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(g)
in Chapter 3 of this Code In addition, the Animal Control Officer may immediately seize
and impound the animal. Failure of the owner to appear at any other hearing shall be
considered a withdrawal of the request for a hearing and the order or determination
that was the subject of the hearing shall remain in effect.
If the Hearing Officer determines that the order or determination at issue is not
supported by the weight of the evidence, the order or determination shall be
rescinded and no similar order or determination may be made with respect to that
animal unless new facts arise following the hearing that provide reasonable grounds
to support the order or determination.
7-20 130 Summary seizure and post seizure hearing
(a) Seizure in absence of owner. Except as otherwise provided in Section 7-20 040, an Animal
Control Officer may seize and impound any animal for violation of any provision of this
Article or State law pnor to a hearing in any of the following situations where the owner
is not present and where the Animal Control Officer reasonably believes it is necessary
(1) To protect public health, safety and property,
(2) To protect an animal which that is injured, sick, or starving and must be cared for, or
(3) To protect an animal from injury which that has strayed onto public property or
public nght-of-way
(b) Seizure when owner present. Even when the person owning or having charge of an animal
is present, an Animal Control Officer may seize or impound any such animal he or she
reasonably believes to be infected with disease transmittable to man a human being or to
be vicious dangerous 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 Animal Control Officer
reasonably believes that such seizure and impoundment is necessary to protect the public
health and safety
(c) Post seizure hearing. If the owner of the animal wishes to
challenge the impoundment, he or she shall personally deliver or mail to the Animal
Control Officer a written request for a hearing such that it is received by the Animal
Control Officer within the state -mandated holding period after the
seizure and impoundment, and such hearing shall then be rescheduled, noticed and
conducted as set forth in Section 7-20 120
7-20.140 Diseased animals
(a) Restriction concerning diseased animals. No person owning or having possession of any
animal that is infected with any disease transmissible 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 or alternate site of confinement approved by the
Animal Control Officer Any violation of this subsection shall constitute
a misdemeanor
(b) Seizure and impoundment The Animal Control Officer may seize and impound without
pnor hearing any animal he or she reasonably believes to be diseased The Animal
Control Officer shall keep such animal in a safe place long enough to observe, examine
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and determine whether it is diseased so as to constitute a menaee-threat to public health
or safety
(c) Hearing. The owner of an animal which that is impounded as
a diseased animal, shall have the right to a hearing on the determination of such diseased
condition The heanng shall be requested, noticed and conducted within the time and in
manner as specified in Section 7-20.120 of this Article
(d) Destruction of diseased animals Animals whisk that have been determined by the-Health
a vetermanan licensed by the State or other qualified person to be so
diseased as to constitute a threat to public health or safety, shall be destroyed by or under
the direction of the City-Manager-and/4m Animal Control Officer
7-20.143 Potentially dangerous dogs.
(a) A dog that qualifies as a potentially dangerous dog under the definition contained in
this Article may be determined to be a potentially dangerous dog by the Animal
Control Officer. The Animal Control Officer shall provide notice of such
determination to the owner. The owner may request an appeal hearing pursuant to
7-20.120, The City shall maintain a list of potentially dangerous dogs in the City of
Saratoga and keep of a record of incidents of dangerous or potentially dangerous
dog behavior by potentially dangerous dogs reported by the Animal Control Officer.
(b) If no additional incident of dangerous or potentially dangerous dog behavior occurs
within a 36 -month period from the date the Animal Control Officer determines a
dog to be a potentially dangerous dog, the dog shall be removed from the list of
potentially dangerous dogs.
(c) A dog may be, but is not required to be, removed from the list of potentially
dangerous dogs if the owner of the dog satisfactorily demonstrates to the Animal
Control Officer that changes in circumstances or measures taken by the owner, such
as training of the dog, have satisfactorily mitigated the risk to public safety.
(d) A dog determined to be potentially dangerous, while on the owner's property, shall
at all times be kept indoors, or in a securely fenced yard from which the dog cannot
escape, and into which children cannot trespass. A potentially dangerous dog may
be off the owner's property only if it is restrained by a leash of not more than 6 feet
in length and if it is under the control of a responsible adult.
(e) If a dog determined to be potentially dangerous dies, is sold, transferred, or
permanently removed from the City, the owner of the dog shall notify the Animal
Control Officer of such changed circumstance and/or location of the dog in writing
within five business days.
7-20 145 Vicious Dangerous dogs, animals
(a) A dog that qualities as a dangerous dog under the definition in this Article may be
determined to be a dangerous dog by the Animal Control Officer. The Animal
Control Officer shall provide notice of such determination to the owner. The owner
may request an appeal hearing pursuant to 7-20.120. The City shall maintain a List
of dangerous dogs in the City of Saratoga and keep of a record of incidents of
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dangerous or potentially dangerous dog behavior by dangerous dogs reported to the
Animal Control Officer.
(b) If no additional incident of dangerous or potentially dangerous dog behavior occurs
within a 36 -month period from the date an Animal Control Officer determines a
dog to be a dangerous dog, the dog shall be removed from the list of dangerous dogs.
(c) Dangerous dog maintenance requirements.
(1) Requirements for confinement. No person shall have, possess or maintain a
dangerous dog unless that person demonstrates, to the satisfaction of the City
Manager or the Animal Control Officer, that the dangerous dog is securely
confined as follows:
(a) Outdoors: when not on leash, the dangerous dog must be maintained in a
secure and enclosed space behind a fence of not less than six feet in height
that the dog cannot exit without assistance from the owner of the dog. The
space shall also be secure so as to prevent minors from accessing the area
where the dog is contained.
(b) Indoors: by means of a house, apartment, building or similar structure
wherein the windows and doors are secured to prevent the dog from exiting
without the assistance of the owner or a person designated by the owner
with the right to control the dog.
(c) When a dangerous dog is not confined as prescribed in subsection (a) of this
Section, the owner or person designated with the right to control such dog
shall be required to keep the dog;
(1) On a leash not to exceed three feet in length. The dog shall at all times
be under the control of a person at least eighteen years of age who is
physically capable of restraining it. A dangerous dog shall not be
leashed or tethered at any time to inanimate objects such as trees, posts
or buildings, except when the dog is inside a securely enclosed, escape -
proof locked kennel or pen; and
(2) Securely muzzled. The muzzling device shall be constructed to allow
normal respiration but impossible for the dog to remove it without
human assistance.
(2) Signage. A sign advising of the presence of a dangerous dog shall be posted at
every entrance to every place wherein such dog is confined. The sign shall be
capable of being understood by a child of age six or more.
(3) Requirements for transportation. During transportation, a dangerous dog shall
be securely enclosed and unable to escape the vehicle in which it is being
transported. No dangerous dog shall be left unattended in or about any vehicle.
(4) Requirement for sterilization. The owner of the dangerous dog shall be required
to have the dangerous dog spayed or neutered, unless a licensed veterinarian
states in writing that sterilization would make the dog in question more
dangerous or significantly threaten the health of the dog.
(5) Microchip. The owner of the dangerous dog shall be required to have the
dangerous dog permanently identifiable by means of implantation of a
microchip.
(6) Behavior modification. The owner of the dangerous dog shall be required to
consult with and retain an animal behaviorist or trainer to make reasonable
Page 13 of 21
effort to modify and correct the dog's behavior to prevent future incidents of
dangerous behavior.
(7) Minors. At no time may a dangerous dog be left in the company if an ' minor
i rvision of an adul : , : i f controllin ' n ' rainin the d
(d) Requirement for inspection. The Animal Control Officer shall conduct annual home
inspections to determine compliance with the requirements for dangerous dog
maintenance. The inspection shall be subject to any fee for such inspection set forth
in the schedule of fees adopted by resolution of the City Council.
(e) Change of address or ownership. The owner of a dog that has been determined to be
a dangerous dog hereunder shall notify the City Manager, in writing, of any change
of address or ownership within five business days from the date of such change.
(f) Failure to comply with requirements. Any owner of a dangerous dog who fails or is
unable to comply with any of the requirements set forth in this Section or any
conditions imposed by the Animal Control Officer with respect to such dog, shall
surrender such dog to the Animal Control Officer for destruction or other
disposition as determined by the Animal Control Officer.
(g) Violations. The violation of any provision contained in this Section shall constitute a
misdemeanor.
a
preef-4eeked4ehael-er--penr and
Page 14 of 21
coverage
misdemeaner-
7-20 150 Authority of property owner to take possession of stray animal
Any person who finds any animal which that has strayed or is running at large upon his Ox
her own property or any other place contrary to the provisions of this Article may take
possession of and hold the same, provided, that he or she shall notify an the Animal Control
Officer or the County Sheriff of the fact that he or she has such animal in his or her
possession within six hours after securing possession thereof, and give an the Animal Control
Officer or County Sheriff full information in regard to the same, and surrender the same to an
the Animal Control Officer upon demand
Page 15 of 21
7-20.160 Animal bites, quarantine
(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 an the Animal Control Officer or
with full information in regard to the incident.
(b) Upon receipt of such a report, an the Animal Control Officer shall seize and Er quarantine
such ammal for a penod of fourteen days or such other period as may be prescribed by
the State Department of Health The I-Iealth-Offieer Animal Control Officer may order
the owner to quarantine the animal on his or her premises
(c) Any person who fails, refuses, or neglects to quarantine any ammal as ordered by the
Health -Off -Leer Animal Control Officer, or who refuses to allow the Health -Officer
Animal Control Officer to inspect any private premises where the animal is kept, is
guilty of a misdemeanor No animal shall be removed or released dunng the quarantine
period without written permission of the Animal Control Officer.
(d) The City Manager may charge a fee, as set forth in a resolution of the City Council for the
City's costs of seizing or quarantining animals and inspection for quarantine of animals
Any fee charged shall be paid by the owner : of the
animal Such a fee shall be in addition to the actual costs of the Health O i ler Animal
Control Officer in housing, feeding and otherwise caring for a quarantined animal
(e) The head of any animal whieh that dies or is destroyed while under quarantine shall be
submitted to • - ..... : :. • . • e ... .. . the Animal Control
Officer for rabies examination.
[7-20 170 Animal maintenance No change to existing City Code ]
[7-20 180 Vaccination of dogs and cats No change to existing City Code ]
[7-20 190 Noise from animals and fowl No change to existing City Code ]
7-20 200 Dog and cat licenses
(a) License required. No person shall have, harbor or keep any unlicensed dog or cat in the
City or permit or allow any unlicensed dog to remain on any premises under his fier
control or in his or her possession contrary to the provisions of this Section
(b) Exemptions. The following are exempt from the requirement for license -
(1) Dogs or cats less than one hundred twenty days old
(2) Dogs or cats vaccinated and licensed in other jurisdictions, for so long as such license
remains in effect.
(3) Dogs or cats owned by a nonresident of the City traveling through or temporarily
sojourning therein for not more than thirty days in any twelve-month period
Page 16 of 21
s
•
•
(4) Dogs or cats temporarily brought into the City for entry into an event, show, or
exhibition scheduled not more than fifteen days thereafter
(5) Dogs or cats on sale in a duly licensed pet shop or kennel where they are kept
enclosed at all times.
(6) Dogs principally used for the purpose of leading persons with defective eyesight or
hearing and dogs used in law enforcement agencies. Licenses and tags shall be
issued for such dogs upon request without charge
(c) Fees A license fee shall be paid for each dog or cat within the City The amount of this fee
and any applicable penalty fees shall be determined from time to time by City Council
resolution
(d) Vaccination as condition to issuance of license. Prior to the issuance of any license it shall
be necessary that the dog or cat licensed shall be vaccinated with antirabies vaccine as
provided in Section 7-20 180 which is effective and recent enough to provide protection
against rabies for the licensed period
(e) Veterinarian responsibilities. Every vetennanan who vaccinates or causes or directs to be
vaccinated in the City any dog or cat with antirabies vaccine shall use a form provided by
the licensing authonty to certify that such animal has been vaccinated
(f) Issuance, contents Upon the payment of the license fee, presentation of a valid certificate
of vaccination by a duly licensed doctor of veterinary medicine, and, when required, and
presentation of a vicious dangerous animal registration
! . - , the City Manager 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, the dates of expiration of the vicious dangerous animal registration and
insurance coverage, if applicable, and a description of the dog or cat for which such
license is issued, together with the number of the metallic tag accompanying the same
(g) Term, expiration. Dog and cat licenses shall expire one year from date of issue or thirty-
six months from date of issue dependent on license fee and vaccination status tendered
Dog and cat licenses shall be renewed upon expiration When a license is renewed after
the expiration date, the new license penod shall begin on the expiration date of the
previous penod.
(h) Metal tags With each dog or cat license, the Cit; Manager Animal Control Officer shall
issue a metal tag beanng an identification number,
." Each dog or cat shall wear the tag issued for it
at all times. In the event that it is necessary to issue a duplicate tag, a fee established by
City Council resolution shall be charged to the owner.
(i) Record of licenses. The Animal Control Officer shall keep a proper record
of all licenses issued by him, together with a description of the dog or cat for which such
license is issued
(j) Special license tax. Whenever the State Department of Public Health makes its
determination that a -rabies epidemic -exists in the City, a -the special dog license tax as
premed -for established by Sections 121645 1912 through 121655 1911, inclusive, of
the State Health and Safety Code, shall become effective immediately, in addition to the
license tax fee provided for in subsection (c) of this Section.
(k) Disposition of license fees All money collected as a result of the license fees taxes,
imposed by this Section shall be paid to the City and all money collected pursuant to
Page 17 of 21
the State special license tax shall be deposited in the rabies treatment and
eradication fund
7-20 210 Licensing of animal establishments
(a) License required, fee No person shall operate any pet shop, commercial kennel, pnvate
kennel, pet grooming parlor, or animal shelter within the City without
first obtaining a license from the City Manager. The annual license fee shall be such
amount as set by resolution of the City Council
(b) Application An application for a license to operate an animal establishment, as described
in subsection (a) of this Section, shall be made in writing on a form approved by the City
Manager, and shall be accompanied by an application fee in such amount as set by
resolution of the City Council. The applicant shall furnish a list of the types of animals to
be maintained, used or kept at the establishment, together with the approximate number
of animals of each type. Not later than ten business days after receipt of the application
by the City Manager, the premises for which the license is requested shall be examined
by the City Manager or his or her designee No license shall be issued or renewed unless
and until all applicable regulations set forth in this Article or elsewhere in this Code, are
complied with.
(c) Conditions of license The City Manager may establish conditions for issuance,
continuation and renewal of animal establishment licenses, including, but not limited 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.
(3) Any other regulations and standards in conformity with and for the purpose of
carrying out the intent of this Article.
(d) Records. The licensee shall at all times keep and 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. Such records shall be made available to the City Manager upon request.
(e) Regulations Every person who owns, operates or manages any animal establishment in
the City for which a license is required under this Section shall comply with the
following regulations
(1) Housing facilities for animals shall be structurally sound and shall be maintained in
good repair to protect animals from injury and restrict entrance of other animals
(2) All animals and all animal buildings or enclosures shall be maintained in a clean and
sanitary condition
(3) All animals shall be supplied with a quantity of wholesome food suitable for the
species and age of the respective animals, as often as the feedings habits of such
animals require, sufficient to maintain a reasonable level of nutrition. All animals
shall have available to them sufficient potable water Food and water shall be served
in separate clean receptacles
(4) Animal buildings and enclosures shall be so constructed and maintained as to prevent
escape of animals.
(5) All reasonable precautions shall be taken to protect the public from the animals and
animals from the public
Page 18 of 21
(6) Every building or enclosure wherein animals are maintained shall be properly
ventilated to prevent drafts and to remove odors Heating and cooling shall be
provided as required according to the physical needs of the animals
(7) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and
proper housing for animals kept therein
(8) All animal runs shall be of concrete and provided with adequate drainage into an
approved sewer or individual sewer disposal installation.
(9) All animals shall be taken to a licensed vetennaran for examination and treatment if
so ordered by the Iealth-Offieer Animal Control Officer.
(10) No animal, except those animal(s) m a pasture provided with adequate feed and
water, shall be without attention for more than twenty-four consecutive hours The
name, address and telephone number of a person responsible for the animal shall be
posted in a conspicuous place, visible from outside the facility or at the main gate of
a pasture where animals are kept, unless the owner or attendant of the ammal(s) is
immediately available on the premises
(11) All sick, diseased or injured animals shall be isolated from healthy ammals at all
times and shall be given proper medical treatment. The City Manager may order the
operator of the facility to immediately seek licensed veterinarian treatment for any
animal if such animal is reasonably believed to be in need of such treatment
(12) All animals shall be treated in a humane manner
(13) The City Manager shall have the authonty to enter the animal facility when he or she
has reason to believe that the provisions of the permit, this Article or applicable State
law, are being violated The failure of the operator to consent to the entry shall be
deemed just cause for the revocation of the permit
(14) Every violation of applicable regulations shall be corrected within a reasonable time
to be specified by the City Manager
(f) Expiration of license Animal establishment licenses shall expire at the end of the calendar
year or such other date as may be set by the City Manager
(g) Renewal of license An animal establishment license may be renewed upon application to
the City Manager, received pnor to the expiration date of the license, accompanied by
such documents as the City Manager may require and a renewal fee in such amount as set
by resolution of the City Council The City Manager shall have authonty to renew the
license for a penod not exceeding one year if he or she determines that all of the findings
set forth in subsections (c), (d) and (e) can still be made and the applicant has fully
complied with all of the conditions of the license. The City Manager may, in his or her
discretion, conduct an administrative hearing on the renewal application, in which event
the same procedure shall be followed as in the case of an application for an original
permit
(h) Denial or revocation of license The City Manager may deny or revoke any license issued
pursuant to this Article in the following situations.
(1) Whenever determined by inspection that an animal establishment fails to meet any of
the conditions of the permit, this Article, or applicable State law
(2) Whenever there is reason to believe that the applicant or the license holder has
wilfully willfully withheld or falsified any information required for the license
(3) If the applicant or license holder has been convicted by a court of law of any
violations in a twelve-month period of this Article, or State laws relating to animals
Page 19 of 21
or public nuisance caused by animals, or has been convicted of cruelty to animals in
this or any other state within the previous five years For the purposes of this Section,
a bail forfeiture shall be deemed to be a conviction of the offense charged
(i) Appeal from denial or revocation of license.
(1) Prior to denial or revocation of a license, the City Manager shall notify the applicant
in writing of the intent to deny or revoke the license, the reasons for such denial or
revocation, and that the applicant may make a wntten request for a hearing to the
City Manager within five days after receipt of such notice if the applicant wishes to
challenge the demal or revocation
(2) The City Manager shall set the time and place for hearing and cause notice of such
hearing to be mailed to the person requesting such hearing at least five days before
the date of the hearing. The heanng shall be conducted according to Section 7-
20.120=
(j) No new license after denial or revocation. If license has been denied or revoked, the City
Manager will not accept a new license application from the same person for the same
activity at the same location less than six months after such denial or revocation, unless
the applicant shows, and the City Manager finds, by inspection and/or investigation, that
the grounds upon which the first application was denied or the license revoked no longer
exist.
(k) Permit not transferable Permits issued pursuant to the provisions of this Section shall not
be transferable
(1) Inspections The City Manager shall have the authority to enter upon and inspect any area
or premises of any animal establishment for the purpose of enforcing the provisions of
this Section
(m) Hearing on granting an animal establishment license for a private kennel. In addition to
all the other requirements of this Section an application for a private kennel license shall
be subject to a hearing before the City Manager The hearing shall be conducted
according to the procedures in Section 7-20.120 with the following additional
requirements
(1) Written notice of the time and place of the hearing shall be mailed to the owners of all
properties, which abut or adjoin the property proposed to be used as a pnvate kennel
at least ten days pnor to the date set for the hearing
(2) The bearing shall be conducted by the City Manager instead of the Hearing
Officer and the decision of the City Manager shall be supported by the weight of the
evidence and shall be final unless appealed to the City Council as provided in Article
2-05 of this Code
(3) In reaching a decision to approve, conditionally approve, or deny the application, the
City Manager shall take into account.
a All of the provisions of this Section,
b. All of the provisions of Section 15-11 020(h), regardless of the applicable zoning
distract; and
c The history of the property and the applicant in terms of keeping animals,
including the code enforcement history
[7-20 220 Horses No change to existing City Code.]
Page 20 of 21
•
7-20 225 Animals and vehicles
(a) No person, other than an individual then actually in the process of working a dog or other
animal for ranching purposes, shall transport or carry an animal in a motor vehicle on any
public street or highway, unless the animal is safely enclosed within the vehicle by means
of a container, cage or other device which will prevent the animal from falling from,
jumping from, or being thrown from the motor vehicle
(b) No person shall leave any dog or other animal in an unattended motor vehicle without
adequate ventilation or in such manner as to subject the animal to extreme temperatures,
which may adversely affect the health or wig ww&ll bein of the animal.
[7-20 230 Beekeeping. No change to existing C:ty Code.]
7-20 240 Violations of Article; penalties
Except where a violation of this Article is expressly declared to be a misdemeanor, any
violation of the provisions of this Article shall constitute an infraction and a public nuisance,
subject to the enforcement methods, remedies and penalties as set forth in Chapter 3 of this
Code.
634839.4
•
•
Page 21 of 21
CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Crystal Bothelio, City Clerk for the City of Saratoga in said County of Santa Clara, and State of
California, do hereby certify that the attached is a true and correct copy of Ordinance No 323,
adopted by the Saratoga City Council on November 19, 2014 by the following vote.
AYES. Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny Cappello,
Chuck Page, Jill Hunter
NOES- None
ABSTAIN None
ABSENT. None
Ordinance
Summary
I hereby further certify that a summary of the ordinance was published in
accordance with Government Code Section 36933 on the following dates.
November 14, 2014 and November 28, 2014 Said ordinance shall be
effective December 19, 2014
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on . Said
ordinance shall be effective
oi)
CrystalBothelio, City Clerk