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HomeMy WebLinkAbout8~.,.: ~ -.. ) This is to certify that the within is a true and ~i~ correc't copy of Ordinance No, f of the City of Saratoga passed and adopted on the ~_ been posted pursuant to law, Acting City Clerk~ ORDINANCE NO. AN ORDINANCE OF THE CITY 0FSARATOGA'AS TO THE CONTROL OF CANINES, AND DECLARAINGAN E~RGENCY~ TO TAKE EFFECT IE~EDIATELY AND WITH PENALT~IES. The City Council of the City of Saratoga does ordain as follows: ~CTION l: · The City of SaratOga does hereby adopt by reference those portions ofi the S~nta Clara County Ordinance Code ~hat pertain tothe control of dogs and canines. The specific sections so adopted are as follows: TITLE 3.1.26-12 Rabies'Control Operators · 3.1.26-12.1 Taking up stray animals 3.1.26-12.2 I Record of Animals 3.1.26-12.3 DispositiOn ~f Impounde~ Animals ,',. 3.1.26-12.$ Care Of Animals 3.1.26-12.5 Fees for Kee~ing Animals 3.1.2~-12.6 Reporsts of Rabies Control Operator 3.1.26-12.7 Disposal of Dead Animals 3.1.26-12.8 Existence of,Rabies 3.1~26-12.9 IDiseased or Vicious Animals"' 3.1.26-12o10 Authority of!Rabies Control Operator TITLE 6 Article l: License Provisions 6.~.1-1 Definitions , 6.1.1-1.1 Dog. Kennel or Pet Shop 6.1.1-2I License Tax ($2.00 per year~ vaccination ,I,, ~against rabies required.) 6.1.1-2.1 D~Ite~mination of Ownership 6.1.1-3 License Provisions 6.1.1-3.1 ~etal Tags 6.1,.1'3.2 Record of Ligenses 6.1.1-$ Exemptions 6.1.1-5 Unlawful to Keep Unlicensed ~og- 6.1.1-6 Special License Tax Article 2: General Regulati~ons 6.1.2-1 Stray Animals 6ol.2-2 Taking up Stray Animals 6.1.2-3 Redemption of Impounded Animals 6.1.2-~ Duty to Reporlt Dog Bites. 6.1.2-5 Disposal of ~ead Animals SECTION 2: Rabies Control O~erator,ofthe County of Santa Clara as named in the Santa Clara County Ordinance Code i~ hereby designated and empowered 5y the City of Saratoga with the same authority and power in the City of Saratoga as is vested in said Rabies ControlOperator within the County of Santa Clara by said ordinance of~ the County of Santa Clara, and is hereby direCted'to enforce this Ordinance. SECTION 3: Attached herZeto and marked Exhibit "A" is a copy of the foregoing sections of the Santa IClara county ordinance Code.. Exhibit "A" is hereby referred to. and incorporated into this section :as a part thereof. When- ever t~e term "County" is used t~erei~ the same shall mean' City of Saratoga. ~' SE~TION 4: The ~iolatio~ of thi~ 0rdinance. cqnstitutes a misdemeanor~ punishable by a fine of Three Hundre'd ($300.00)Dollars, or Thi.rty (30) days in jail, or both . such fine and imprisonment, and furthermore, the County Health Officer acting as Health Officer .in and for the City of Saratoga is hereby authorized and directed to enforce the provisions of the County OrdinanCe 8ode listed above in the City of Saratoga, and including such measure of. impounding and disposal of animals in said County Ordinance Code., SECTION ~: This Ordinance shall take effect immediately upon its passage as an emergency measure, being neclessary for* the immediate protection of the public health, safety and welfare of the inhabitants of the City of Saratoga for the following reasons: The Department of Public Health of the State of California has found that rabies exist in the County of Santa Clara and pursuant to law has declared the County a rabies endemic area. To pr'event the spread of'rabies among animals, and to avoid the possibility of h~m~n beings becomin$infected with the disease, it is imperative thatall dogs in the Cmty of Saratoga be- vacdinated with ante-rabies vaccine. It is necessary that this Ordinance take effect at the earliest possible momen~ to reduce the above-described danger of infection and spread of rabies among animals and, possibly, human beings, and to eliminate the afore- mentioned hazards which threaten!the public peace, health and safety. This ordinance vms regularly introduced and after the wait- ing time re.quired by law was thereafter passed and adopted this .F.~-~-4L- day of , ~~ , 1.956, by the followi_ng vote: AYES~: Councilmen Br~zil, Jepeen, L~n~will, Ros~sce, Willi~m~ NOES: None ABSF~qT: ~ne ~YOR ~ , publiSh~ acco~din~'~' ~"'~" ~'~ ~een ,, ~.~.~.~'~ CL~.r~,~o CC,~NTY ORDINANCE CODE PROVIDING NOR VACCINATION elf DOGS AND LICENSE TAX ON DOGS; REGULATING THE KEEPING AND RUNNING AT LARGE OF ANIMALS; CREATING THE POSITIONS OF RABIES CONTROL OPERATORS AND PRESCRIBING THEIR POWERS AND DUTIES; REGULATING THE CONTROL AND DISPOSITION OF THE BODIES OF DEAD ANIMALS. TITLE 3 3. I. ZC-lZ: R~abiee Control Operators The Director shall appoint one or more Rabies Control Operators who shall be employed b; the County subject to t]~e rules and regulations of the Merit S]Fstem, or appointed under ~he provisions of a contract to be entered into between him ~ the County upon such terms as n. lay be providec~ for [heroin. 3. 1. Z6-1Z. I: Toldrag Up It shall be the duty of [he Rabies Control Operator to take up and impound any stray animal, or anima/s runn!nM at !arMs, contrary to the provisions of th{ e Article, or Chapter 1, Title 6 of thi~, Code, and any dog not licensed as ~herein provided, 3. I. ~-6-1Z'2': Record of Anilmals .LEach Rabies Control OperatOr shall keep a record of all mpounded by him, vvhich.record Sha!l show the date of knpound!nent. license tag numbe~, if an~, ~he dat~ and manner of its disposal, and if redeemed, or sold: the n,~me and address of ~he person bjr whom redeel~ned or purchased, ~he amounts of all fees and other monies re- .- . csived or collected by him, and the disposition thereo~. ~o 1o 2S-IZo 3: Disposition of Ire. pounded Animals l:.;hen any anin~a! is !ropeuntied, the Rabies Control Operator shall peat a :Lc'~'-c~ in a conspicuous place at the entrance of the County Hea!~h Depa_,"ti~ento The Rabies CentTo! Operator shell also tJmrnediately no~if,? She owns.~ of the impounded animal, if known to him, The posted notice shell contain ascription of tile said anima! impounded and shall ad se~ forth the face ~hat unless it is reclaimed before the time specified in ~.id notice, ~hich time shall not be less than three (3) days nor more th,-,n ten (10) days from the posting thereof, the Rabies Control Operator ~h~l! proceed to dispose of said animal; provided. that all animals so t~ken into the cnstod~ of the 'Rabies Control Operator which, reason of a~e or disease or other infii'mitlr, are ~mtit for further use, or decorous to be kept impounded, shall be destrol, ed by him in humane xr~,~ner as soon thereafter as is conveniently possible, znd in case o~ such destruction of such animal, the Rabies Control Operator sh~ll ~ be required to give ~e afores~id notice, An~ ~1 ~pounded ~ not ~ed~e~d wif~l- the t~e specified ~e afore~ notice ~ ~ te ~er s~cified ~ tls Article, or C~pter 1, Ti~e 6 of ~is Code, eh~l be disposed of b~ ~e ~abies Co~z~ Operator. 3. lo 36-13. ~: ~re of A~s The R able Contr~ Operator ah~l cause all u~Is ~ to b~ provided wi~ a~fi~ient food ud water, and wit shelter s~bl~ tor uuch ~s. 3~ I. 36-13~ 5 :Feeo for ~eph~ The Director ie hereby empowered to fix determine and mainm~ a schedule of ~e fees to be collected from ~e o~ners of all anlmals ~pouded said fees to be ~ufficient to defray ~e costs ~cident to said ~p~dhg. The Rabies Control Operator is h~reby empowered to receive mud collect sa~ fees 3.1.36-13.6: Reports of Rabies Control ~perator The Rabies Control Operator s~l ~ ~ t~e and corro~ to t~ Director on the R~ ~y of each mon~h o~ the amls of e~ch k~ ~p~ded by h~ durin~ the previous month; of redeemo~ ud ~ fees collected, and the n~r and poa~ of all an~s not redeem$~, tote~er ~vith such o~mr ~or- m~ton as ~y be re~red by the Director. 3.1.36-13, 7: ~spos~ of Dead An~s ~ shall be the duty of ~e ~bies Control Op~'~tor, upon recmivtn~ infor~tiou that ~e b~y of a dead u~ or toWl has not be~n disposed of ~ a ~afe u~ sa~!~ry m~or, or upon th, request of any potson in ch~e thereof,' to proceed forthwi~ to dispOSe of ~uch cas~, he shall c~r~e a~ collect frbm ~e ~nor or person who charge of such de~ ~!m~ or io~1 a fee ~od ~ the Director for th~ disposh~ of such b~y. The Director ts hereby empowered to said fee sufficient ~o d~fray ~h~ cost incident to said dispose. 3.1.26-1~. 8: Existence of Rabies tn the ev6nt ~hat ~he Rabies C~trol O~rator secures i~or~tion of the existence cfay case of rabies or ~y o~sr a~ ~sease dange;-ous to hux~n beings in th~ C~n~y, he sh~l tmmed~t~Iy report the s~e ~0 the Dh-ec~or and ~are~ter carry out gl ~e erections received by hi~ in re~rd to the control of such disease or th~ ~,u~r~- ~tue o~ ~y ~uch ~ or ~y o~r dir~ct~'~ ~at my ~ given to h~ b~ sgd Director ~ res~c~ to ~ ~. 1, 16-1l. 9: ~ses~ed or Vicious An~'s~ W~never ~ Rabies Control Operator ~hal ~ve reasonhie caum~ to ~lisve tha ~y dog, eider licensed or ~tcensed, is diseased or vicious or ~a bt tt~n any p~rs0n, said Rabi~ Control Operator is hereby autoriled to t~ custody o! such do~ and ~eep the $~ in a sala pl~c~ for ~uch a period of t~2 as is required in order to observe, ex~ne, and dete~ wh~er or not such doS i~ di~ea~ad or vicious or consti- tutes a ma2ca to ~e puMic heal~ or 'ea~y. The Director ~y have such dog observed ad examined by a 'vet~ri~ri~ o~ o~r q~ified person, and H such dog is ds~er~n~d to b~ di~eao~, vicious o~ to · ~ce to public he~l~ or ~a~e~, the Director ~hall direct ~ Rabies Co~rol Operator to dispose of said doE, and ~6 Rabis~ Control Operator ohall c~rry out the direrions o~ ~h6 ~r~ar ~ that r~ard; s~id d~K sh~l ~ returne~ to ~e o~n~r o~ p~rson enti~ed to its 3. 1. Ze-ll. 10~ Authority of Rab~e Control Oparator Each Rsbie~ Control Opera~or shall have and ie herebl; v~sted with au~ofi~ of s ~ace .oHic~, and i~ heraby au~ortaed ~o entar upon ~y premiseg in the Co~ty to ~aca~s~ if ~ny ol ~e provisions of thi~ Article, or C~pter 1, Ti~e 6 of thi~ C0de~ or ~ny la~ of th~ S[a~e relates to rabies or ~y other disarm6 of d~b an~le~ .or for th~ prevention of cruelW ~ereto, ts berg:violated, ana ia hereby authorized to tha e~ibitlon to h~ t~ any doa owned by or Under the co~tr~ or ~ the custody of th~ person r~aidinK' on or in possession o~ said and to requir~ th~ a~hibltion to h~ o~ ~6 license ~ such doK; and tt ~hall ~ the du~y of any st~ch pa:son to e~hibit s~td dog a~ ~uch ltcen~e to ~a!d Rabies Control Operate= upon de~d.. TITLE 6 C.~TER 1 - ANNALS Article 1 , License ~ovistons 6.1. I -1: 6.1.1-I. I; Dog Kennel o~ Pet Sh~ "~ The ~erm "dog t~enn~l" o~' p t shall m~an ~y bu~d~g, stnc~re, en~!osure, o~ premtee~ ~hereupon or ~vi~ which four (4) or more dogs are ~ept o~ maintained for commeri,~al purposes. A license tax in the a~'~ov~nt he~einaft6r provided sh~ll be imposed upon each nd every do~, male or female, located in the Cou~t~, and any pereon own~S or havin~ c~etod~ or c~atrol of one (1) or more located ~herein sh~ll be liable ~or ~h~ p~yment of said license Such license t~ shall be due ~d payable in advance on th~ let day of J~y ~ each year. The llcense m~ for each do~ where ~ o~ner such doS shalt present to the Director of ~blic Hea!th a certificate of a d~y licensed doctor of vete~inar~ m~dicin~ or s~ch o~e: person the ~rd of 5upervieors ma~ desiSnate certif~n~ that such do~ has been vaccinated with an approved anti-rabies vacc~e ,~hich will provide protection a~a~st rabies for ~e period for which the ta~ is paid shall be two dollars ($~. 00). The license t~ per a~um for e~ch doS for ~hlch no certificate of vacciutlon a5 h~re~ofore specified is s~11 be ~ree dollars and fif~ cen~e{~. 50) p~r a~um. 'Where no certificate of approved vaccination for the doE is presented b~ the owner the license ~n ~hail cover 'the co~t of the vaccin~ and vaccintion ~e a~mal to be provided by the Director of Public Health prior ias~nce of ~e licenee. ~ ny person acquires ownership, Custody or control o~ any do~ sequent to the 1st day of July of any ~ear, he s~11 immediately become liable for the payment o~ said licens~ tax, and th~ full amo~t shall be payable for an~ remainin~ fraction of ~uch yezr~ All monies collected aea re~t of ~e licens~ t~ imposed herein shut1 bz paid the Treasurer of ~e County~ Th~ Director o~ Public Heath ~ay arrange for communi~ clinics at conve~n~ ~imes and p!ac~e ~hrouEhou~ the Co~nt~ ~here owners may~brinE. their do~s for vzccination. An~ per~on ha~bori~ or k~epin~ any doS for t~ (10) or more con- sec~i~'e ~a~ ~hall be deemed ~o be the o~ner thereoffAl' me~.nin~ o~ this Articie Upon pv.3-ment 0f-t~ ticense'fe'e and the presentation of a certific, app~oved vaccination of th~ dog, the DireCtor of Public Health shal. issue a !icen~e signed by him and s~ating the'$ and ~esidence th~ person to ~hom the licen5$ 'i~ issued, the am~ant paid, the date of issuanc~ a~d ~e~iraeion thereof, the date and place of vaccination, and a d~scrip~ion of the 'dog for ~,hich such license is iesued, togethe~ with ~he numbe~ of the metallic tag'accompanying the same. 6.'1~ 1-3: Metal Ta~s With each such ~log license there ~ha11 be i~sued a metal t~g ,.~ith a nmber, ~e ~ear ~or which issued, ~d the words, '5~ C. Co~ License" inscribed thereon. Such ta~ ~hal! be s~cu~ly flied to the collar, harness. o~ some other'd~vice , ~hich ~ha~l at ~1 times be ~orn b~ the do~ for ~hich such license i~ iseu2d, e~cept ~hen such do~ retains ~door5 or in ~ enclosed ~ard or p~n. Ail ta~s sh~ll be nmbered ~ rotation, 6.1, I-3.~: Record of Licenses The Director of Public Heath s~11 ~cep a proper record of a!1 enees issu2~ h~ him toEether ~h a description d ~e doE for which such licenee is issued. 1.1-~: Exemptions Th~ provisions of this A~ticlc s~ll not appl~ to do~ less than n~ety da~s old, nor to does o~ned b~ or in c~r~ ~r in c~stod~ of an~ 9e~son ~ho is a non-resident of the Co~nt~, traveling ~hrouEh the same, or tem- porar~ sojournin~ therein ~or a period not exceeding fif~n {15} no~ to do~s ~emporarily b~ou~ht into said Co~ fo~' ~e ~u~pose ~f the same in an event, show, o~ exhibition, and which a~ actua11~ entered in and kept a~,uch show or ~ibi~ion, nor ~o do~ on sa12 in dt~ 1~ccnsed pet shop~, no~ t~ do~s o~ne~, ~p~ or controlled by ~.ny person, firm or corporation malnta~n~n~ a ~ i~cense~ do~ ke~el, provided that such are kept enclosed within s~ch do~ ~1 or pe~ shop, and provided ~urther tha~ n~ unl~cen~ed do~5 shall be allowed to r~ at large. Provided, brier, ~at such person main~ainin~ a ~o~ l~enel or pe~ sh~p sh~l pa~ an license ~: h the a~ount ~f T~n Do11~rs {$10.00) per a~um at the ~ame ~me a5 here~n above No !icense ~ ~hall b~ ~quired '~A~h re~pec~ to lic2nses and rage issued ~or do~ ~-~hich h~v~ ~e~n hono~-ab1~ discharged or released ~rom ~e ~icc ~ th~ A~d Fo~ce~ of ~he United States, or dog5 which have b~en ~pec~ica~l~- ~a~ne6 ~nd are p~ncipa!l~ ~ed fo~ th~ purpose of leadinE ~ ~-5: U~a~l t~ Keep Unl~cen~ed Do~ N~ ~sc, n sh~l h~ve, harbor~ o~ keep any ~icensed do~ ~ the Co~W, ~ ~m~t ~ ~1!ow any ~nl~cen~2d do~ ~o renin o~ an~ premises ~der ~.i~ c~at~'e~ o~ ~n h~ possession c~ntrar~ to the pro~ions o~ A~ticle. 6o 1.1-6; ;~ctal Licenee T~ Whenever the State D®partment 0f Public He~l th m~es i~s th~ ~ rabies epidemic exists ~ the Gouty, a speci~I dog license ~s prodded for ~ Ar~icte 1, G~peer ~, Division ~ of ~e He~l~ ~ety Cod,: ~hall b~come effectiv~ immediately in ~ddttion to th~ licens~ ~ heroinabove created. ~.rtiCle ~ - General Regulations 6. h 2-h .3tra~ Annals No person ~ ~e County ownin~ or havin~ control or custody of ended or ~liccnsed do~ or ~y other anim~ ~hall cause, permit or allow the ~ame to be at large or to stray or wal.?..l,I~' ~to an~ school yard, school I~ildin~, public playground, o~ upon any public hi~'.way or street, or upon any private place or property without the cor~ent of the owner or person ~ control thereof. ~. 1.2 -2: TakinS Up Stray ~nimals Any person who finds any angel which has strayed or is ru~in~ at large upon his own property or any othe~ place contrar~ to the pro~ions of this Chapter ma~ ~al~e possession c~ and hold ~6 same'; provide~ however, that he ~hall be obliEa~ed to notifY the Rabies Control or the ~eriff o~ the ~act tha~ h~ has such animal in his po0session within six (6} hours after ~ecuring possession ~hereof, ~d give such Rabies Control Operator or Sheriff full i~orma[ion in l'eEard to the same, ~;'~d surrender the same to the Rabies Control Opera~or upon demand. ~..1.2-~: R~.demption o~ ~pounded Animal~ The ow er o~ person entitled to th~ custody of n an m~ teen up or Con~To[ Op~o~ ~ed~e~ such ~.ni~l by payin~ to such ~abie6 Control 'Operator ~he fc~s, cha~'ge~, and in the c~..c of dogs, ~e license prescribed by ~his Chapter a=c~uina up to the time o~ such redemption. ~.. 1. Z-4: Duty to~epor!.Dog Bites It is hereby mad~ the d;~ty of anV person havin~ ~no~led~e ~at ~y do~ has b~t~en a~V human being ~thin the limits of the Co~ty to i~ediately report that fact to ~h~ Rabies Control Operator, Director of ~blic Health, or the the Sheriff with ~11 information in reEard to ~c ~cident. 6. I. 2 -5: Disposal of Dead Animals When any do~ or other anim~ or fowl owned by or in ~he custody or contrc! of any person dies in the Co~ty, such person shall,