HomeMy WebLinkAbout71.126 ORDINANCE NO. 71-12 6
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ARTICLE 7-20 OF THE CODE OF THE CITY OF SARATOGA
RELATING TO ANIMALS AND FOWLS
The City Council of the City of Saratoga does ordain as follows:
SECTION 1. The following sections of Article 7-20 of the Code of
the City of Saratoga are hereby amended to read as follows:
7-20.010 Definitions
7-20.020 Enforcement of Article
7-20.060 Wild, exotic or nondomestic animals in captivity
7-20.080 Disposal of dead animals
7-20.090 Sale of cats or dogs
7-20.110 Impoundment
7-20.145 Vicious animals
7-20.160 Animal bites; quarantine
7-20.200 Dog licenses
7-20.210 Licensing of animal establishments
7-20.220 Horses
7-20.010 Definitions.
For the 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 mammal, poultry, bird, reptile or
fish.
(b) Animal Control Officer means the person or persons duly
appointed by the Hea~h-O[~ee[ City Manager to act in his behalf
in the administration and enforcement of the animal and rabies
control program of the ee~y City and the provisions of this
eeMne~t.
(c) ~imal 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.
(d) Cat includes all domesticated felines.
(e) Dog includes all domesticated canines.
(f) Grooming parlor means any commercial premises or place
where animals are trimmed, bathed or groomed.
(g) Health Officer means the County Director of Public Health
or any other person duly authorized to act in his behalf.
(h) Kennel means any building, structure, enclosure or
premises whereupon or within which four or more dogs or cats are
kept for any reason or purpose. The term shall not include dogs or
cats under one hundred twenty days of age.
(i) 0whet means any person who owns or exercises custody and
control of an animal.
(j) Pet shop means an establishment operated by any person
where any live animals are kept for sale, barter or hire.
(k) Pound includes all places where impounded animals are to
be confined, whether operated by the GeM~y City or by a private
person under contract or agreement with the GeeB~y City.
(1) Vicious animal means any animal, except a dog assisting
a peace officer engaged in law enforcement duties, which
demonstrates any or all of the following characteristics:
(1) Has attacked, without provocation, a person or domestic
animal.
(2) Has chased, menaced or approached a person or a domestic
animal in a threatening manner or apparent attitude of attack,
without provocation.
(3) Has a known propensity, tendency or disposition for
unprovoked attack.
(4) Has been specially trained to attack persons or domestic
animals or otherwise has been trained as an attack animal.
(5) Is owned or kept in whole or in part for the purpose of
animal fighting or has been trained for'animal fighting.
(m) Wild animal means any wild, exotic, undomesticated,
dangerous or venomous animal, including mammals, fowl or reptiles.
7-20.020 Enforcement of Article.
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The duty and authority to enforce the provisions of this Article
are delegated to the Santa Clara County Sheriff's Department, the
City Community Service Officers, and the Animal Control Officer, as
designated by the City Manager.
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 or nondomestic animal without
first applying to and receiving special authorization from the
Hea~h-e[fiee~ City. The keeping or maintenance of such animals
shall also conform to all applicable zoning regulations.
(b) The Hea~h-~f{~e~ City may authorize the keeping or
maintaining of any wild, exotic, dangerous or nondomestic animal
when, in his its opinion, any such animal may be kept or maintained
without endangering the safety of any person or property; provided,
however, that the Hea~h-O[[iee[ City may require any such animal
to be properly caged, tethered, or restrained, and he may impose
such additional requirements that may be necessary and proper under
the circumstances. He The City may revoke such authorization when,
in his its 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.
7-20.080 Disposal of dead animals.
(a) When any dog or other animal or fowl owned by or in the
custody 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 fowl in a safe and sanitary manner, or such person may request
the Animal Control Officer to dispose of such animal or fowl, and
in such event shall pay a fee for such disposal as fixed by the
Hea~h-O~iee~ City.
(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, or upon request of a person in charge of such body, the
Animal Control Officer shall dispose of the body immediately. 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 Hea~h-O§~ieer City may establish and collect 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 or
County operated animal shelter shall sell, exchange, or barter any
dog or cat under eight weeks of age. Proof of age of the dog or
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cat may be required by the Heal~h-O[[&eer City. Proof of age may
include, but is not limited to, a certification by a licensed
veterinarian attesting to the animal's age.
7-20.110 Impoundment.
(a) Right to impound. The Animal Control Officer shall seize
and impound any animal when impoundment thereof is authorized or
required under any provision of this Article or State law. The
Animal Control Officer may also seize and impound any stray animal
running at large in violation of Section 87-20.040, subject to the
limitations set forth therein, and any dog not licensed as required
by Section 7-20.200. In addition, upon the request of a Community
Service Officer or Deputy Sheriff, the Animal Control Officer shall
seize and impound any dog constituting a public nuisance in
violation of Section 7-20.190 if such violation continues after one
prior warning to the owner or person having possession thereof.
(b) Notice of Impoundmerit. 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 if no action is taken to secure
its release within the period of time specified in the notice,
which shall be not less that five days nor more than ten 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 three days nor more than ten days from the
posting thereof, the Animal Control Officer will proceed to dispose
of such animal.
(c) Hearing prior to impoundment. Except in cases where
summary seizure and impoundment is authorized 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 or person entitled to custody of the animal, unless an appeal
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 animals. The
City Council 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,
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including all costs for the care and maintenance of the animal at
the pound or other place where the animal is confined.
(f) Redemption of impounded animal. The owner or person
entitled to the custody 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 tax prescribed by
this Article 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 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, as
provided in Section 7-20.145, or
(3) Such animal is required to be quarantined, as provided in
Section 7-20.160.
(g) Disposition of impounded animal. Any animal impounded
and not redeemed within the time and in the manner specified in
this Article shall be disposed of by the Animal Control Officer or
the pound where such animal is confined; provided, however, any
animal which has been determined by the Animal Control Officer or
a veterinarian licensed by the State or other qualified person to
be diseased or injured to the extent that emergency veterinary care
will not alleviate it's 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
Paragraph (b) of this Section.
(h) Record of impounded animals. The Animal Control Officer
shall keep a record of all animals impounded by 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 of collected by him and
the disposition thereof.
7-20.145 Vicious animals
(a) Requirements for confinement. No person shall have,
possess or maintain a vicious animal unless that person
demonstrates, to the satisfaction of the Animal Control Officer,
that the animal is securely confined as follows:
(1} Outdoors: by means of an enclosed and locked pen or
kennel having secured sides and a secured top attached to the
sides, and having a secure bottom or floor attached to the sides or
with the sides embedded not less than two feet into the ground,
behind a fence not less than six feet in height.
(2) Indoors: by means of a house, apartment, building or
similar structure wherein the windows and doors are secured to
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prevent the animal from exiting without the assistance of the owner
or person with the right to control the animal.
(3) A sign advising of the presence of a vicious animal shall
be posted at the entrance to every place wherein such animal is
confined. The sign shall be capable of being understood by a
child.
(b) Requirements for leashing and muzzling. When a vicious
animal is not confined as prescribed in Paragraph (a) of this
Section, the owner or person with the right to control such animal
shall keep the animal:
(1) On a leash not to exceed six feet in length. The animal
must at all times be under the control of a person at least
eighteen years of age who is physically capable of restraining it.
Vicious animals shall not be leashed or tethered at any time to
inanimate objects such as trees, posts or buildings, except when
the animal is inside a securely enclosed, escape-proof locked
kennel or pen; and
(2) Securely muzzled. The muzzling device must be
constructed so that it is impossible for the animal to remove it
without human assistance.
(c) Requirements for transportation. Vicious animals shall
only be transported inside a securely enclosed, escape-proof locked
animal carrier. No vicious animal shall be left unconfined or
unattended in or about any motor vehicle.
(d) Requirement for insurance. No person shall own, keep,
have or maintain a vicious animal unless that person has obtained
general liability insurance providing coverage for any single
occurrence of not less than Fifty Thousand Dollars for any injury
or to death of any person, or loss or damage to any property,
caused by or resulting from any act of such animal. The insurance
prescribed herein shall be maintained in full force and effect for
so long as the person has ownership, custody or control of the
vicious animal, and such policy of insurance shall contain a
provision or endorsement requiring ten days prior written notice to
the Animal Control Officer of any cancellation or reduction of
coverage.
(e) Requirements for registration. Every owner of a vicious
animal over four months of age shall register such animal with the
Animal Control Officer. Such registration shall be renewed on an
annual basis. The owner shall pay a registration fee and, if
applicable, a fee for multiple inspections of required confinement
facilities, in such amount as established from time to time by
resolution of the Beard-e~-S~pe~v~se~s City Council. The owner of
a vicious animal which has been registered hereunder shall notify
the Animal Control Officer, in writing, of any change of address
within fourteen days from the date of such change.
(f) Seizure and impoundment; disposition of animal. The
Animal Control Officer may seize and impound without prior hearing
any animal he reasonably believes to be vicious. The owner or
person entitled to custody of such animal shall be entitled to a
hearing on the determination of viciousness, such hearing to be
requested, noticed and conducted within the time and in the manner
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as specified in Section 7-20.120 of this Article. The Animal
Control Officer may find and declare that the animal is vicious and
order such animal to be destroyed. If the Animal Control Officer
finds and determines that the animal can safely be released to the
owner or person entitled to custody thereof, he may order such
release upon any condition he deems necessary or appropriate for
the protection of the public health, safety and property.
(g) Failure to comply with requirements. Any owner of a
vicious animal 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 animal, shall
surrender such animal to the Animal Control Officer for destruction
or other disposition as determined by the Animal Control Officer.
(h) Violations. The violation of any provision contained in
this Section shall constitute a misdemeanor.
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 the Animal Control Officer with full
information in regard to the incident.
(b) Upon receipt of such a report, the Animal Control Officer
shall seize and quarantine such animal for a period of fourteen
days or such other period as may be prescribed by the State
Department of Health. The Animal Control Officer may order the
owner to quarantine the animal on. his premises.
(c) Any person who fails, refuses, or neglects to quarantine
any animal as ordered by the Animal Control Officer, or who refuses
to allow theAnimal Control 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 Animal Control Officer.
(d) The Animal Control Officer may charge a fee, as set forth
in a resolution of the Bea~-e~-S~pe~vise~s City Council, for the
eeMn~y~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 Animal Control 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.
7-20.200 Dog licenses.
(a) License required. No person shall have, harbor or keep
any unlicensed dog in the City or permit or allow any unlicensed
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dog to remain on any premises under his control or in his
possession contrary to the provisions of this Section.
(b) Exemptions. The following are exempt from the
requirement for license:
(1) Dogs less than one hundred twenty days old.
(2) Dogs vaccinated and licensed in other jurisdictions, for
so long as such license remains in effect.
(3) Dogs owned by a nonresident of the City traveling through
or temporarily sojourning therein for not more than thirty days.
(4) Dogs temporarily brought into the City for entry into an
event, show, or exhibition scheduled not more than fifteen days
thereafter.
(5) Dogs on sale in a duly licensed pet shop or dog kennel
where they are kept enclosed at all times.
(6) Dogs principally used for the purpose of leading persons
with defective eyesight and dogs used in law enforcement agencies.
Licenses and tags shall be issued for such dogs upon request
without charge.
(c) Fees. A dog license tax shall be paid for each dog
within the City. The amount of this tax and any applicable penalty
fees shall be determined from time to time by the Beard-~3~
S~pervise~s City Council.
(d) Vaccination as condition to issuance of license. Prior
to the issuance of any license it shall be necessary that the dog
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 veterinarian who
vaccinates or causes or directs to be vaccinated in the City any
dog with antirabies vaccine shall use a form provided by the
licensing authority 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,
presentation of a vicious animal registration and evidence of
insurance coverage as provided in Section 7-20.145 of this Article,
the Animal Control Officer 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 animal registration and insurance coverage, if applicable,
and a description of the dog for which such license is issued,
together with the number of the metallic tag accompanying the same.
(g) Term; expiration. Dog licenses shall expire one year
after purchase. Dog licenses shall be renewed upon expiration for
additional one year periods. When a license is renewed after the
expiration date, the new license period shall begin on the
expiration date of the previous period.
(h) Metal tags. With each dog license, the Animal Control
Officer shall issue a metal tag bearing an identification number
and the words and letters uS=~=~e=u "SARA" DOG LICENSE. Each dog
8
shall wear the tag issued for it at all times. In the event that
it is necessary to issue a duplicate tag, a fee of Ewe five dollars
shall be charged to the owner.
(i) Record of licenses. The An~ma½-~F~t~l-~ieeE City
shall keep a proper record of all licenses issued by-h~m, together
with a description of the dog 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 special dog license tax as provided for by Sections
1912 through 1914, inclusive, of the State Health and Safety Code,
shall become effective immediately, in addition to the license tax
provided for in Paragraph (c) of this Section.
(k) Disposition of license fees. All money collected as a
result of the license taxes imposed by this Section shall be paid
to the City.
7-20.210 Licensing of animal establishments.
(a) License required; fee. No person shall operate any
animal establishment within the City without first obtaining a
license from the Hea~h-O~iee[ City. The annual license fee shall
be such amount as set by the
S~eEv~se~s City Council.
(b) Application. An application for a license to operate an
animal establishment shall be in writing on a form approved by the
Hea~h--(}~i~e~ City, the premises for which the license is
requested shall be examined by the Health Officer. 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 Hea~h-~f~-i<~E City 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.
(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 and to the
Health Officer 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
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be maintained in a clean and sanitary condition.
(3) All animals shall be supplied with sufficient good and
wholesome food and water as often as the feeding habits of the
respective animals require.
(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.
(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 veterinarian for
examination and treatment if so ordered by the a Health Officer.
(10) Every violation of applicable regulations shall be
corrected within a reasonable time to be specified by the ~ Health
Officer.
(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 Hea~h-9~ee~ City.
(g) Renewal of license. The procedure for renewal of any
animal establishment license shall be subject to the same
conditions and shall be done in the same manner as the issuance of
the original license.
(h) Revocation of license. The Hea~h-~3f~f-i{cr City may
revoke any animal establishment license issued under this Section
whenever he-eha~}~e~l~n~Pae it is determined from an inspection of
the premises that the licensee has violated or failed to comply
with any condition of the license or any regulation set forth in
Paragraph (e) of this Section. The revocation shall be effective
until all conditions and regulations have been met and complied
with to the satisfaction of the Hea~h-O~{~ee~ City and written
notice of such fact has been given by the Hea~h-{~f{{eef City to
the licensee. Upon receipt of such notice, the license shall be
deemed in full force and effect for the remainder of the term for
which it was issued.
(i) Nontransferability of license. Animal establishment
licenses issued pursuant to this Section shall not be transferable.
(j) Inspections. The Hea~h--O~ee~ City shall have
authority to enter upon and inspect any area or premises of any
animal establishment for the purpose of enforcing the provisions of
this Section.
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7-20.220 Horses.
(a) Purpose. This Section is adopted to establish licensing
requirements for the keeping of horses, and to regulate the keeping
and maintenance thereof, in order to protect and promote the public
health, safety, welfare, comfort and convenience, while permitting
residents to keep horses under appropriate conditions, and further
to establish conditions and requirements for the operation of
commercial and community stables. This Section is also intended to
provide a basis for correction of existing unsafe and unhealthful
conditions.
(b) Definitions. For the purpose of this Section and other
provisions of this Code, the following words and phrases shall have
the meanings respectively ascribed to them in this Paragraph,
unless the context or the provision clearly requires otherwise:
(1) Boarding stable means any stable or corral where horses
are lodged or fed for remuneration.
(2) Commercial stable means any establishment providing
services or facilities for the keeping or use of horses, other than
for private use, including but not limited to, boarding stables and
riding schools, but not including community stables.
(3) Community stable means a private stable or corral
designed, owned and used solely by residents and guests of a
particular area, for the keeping or use of horses in private
ownership, for homeowners, private clubs, or riding schools, where
riding lessons are not open to the public and no horses are offered
to the public for remuneration, hire or sale.
(4) Corral means an area enclosed by fencing for the keeping
of horses or other livestock.
(5) Horse includes any member of the horse family (equidae)
including, but not limited to ponies, donkeys and mules.
(6) Horse stable means any building or structure or portion
thereof designed or used for the housing or feeding of a horse or
horses or other livestock.
(7) Keeping or maintenance, in relation to a horse or horses,
means the harboring or maintaining possession of any horse on a
site together with the maintenance of such animal by the feeding or
otherwise supplying of necessities of life to the same. Any horse
physically present on a site for a continuous period in excess of
seventy-two hours is being kept, within the meaning of this
definition, by the owner or other occupant of the site.
(8) Keeping or maintenance for private use, in relation to a
horse or horses, means the keeping of horses owned by the owner of
the site where such horses are kept, for the private use by such
owner and his guests as a use accessory to a residence on the same
site, and not for remuneration, hire or sale.
(9) Pasture means a plot of ground other than a corral with
grass or other plant life available for grazing horses.
(10) Riding school means any establishment providing or
offering for remuneration, equestrian instruction through private
lesson, organized class, or group instructional activities, or any
establishment where horses are maintained or facilities provided
primarily for the purpose of providing equestrian instruction for
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remuneration.
(c) Interpretation of provisions. The provisions of this
Section shall be held to be minimum requirements except where it
expressly stated that maximum requirements shall prevail. The
provisions are not intended to impair or interfere with any private
restrictions placed upon property by covenant or deed or otherwise;
provided, however, that where this Section imposes greater
restrictions upon such property, the provisions of this Section
shall control.
(d) Compliance with regulations; invalidity of horse license
issued in violation thereof.
(1) It shall be unlawful for any person to keep or maintain
any horse, or cause any horse to be kept or maintained in the City
except in conformity with the provisions of this Section and the
applicable zoning regulations of the City as set forth in Chapter
15 of this Code.
(2) Horses may be maintained for private use and commercial
or community stables may be maintained only in such zoning
districts and only with such minimum site areas and minimum
distances of stables and corrals from property lines and other
structures as permitted under the applicable zoning regulations set
forth in Chapter 15 of this Code.
(3) No horse license shall be issued pursuant to this Section
in violation of any provisions contained herein or in violation of
any other provision of this Code, and any license as may be issued
which is in violation of any of said provisions shall be void and
of no force or effect.
(e) General regulations. All horses in the City shall be
kept and maintained in compliance with the following regulations:
(1) Enclosures and control. All horses shall at all times be
kept in a corral or enclosed stable meeting the requirements of
this Section other than when being ridden or exercised under the
direct control of some responsible person, except that the P~ann~n~
Community Development Director shall have the power, but not the
obligation, to permit the keeping of permitted horses in a pasture
under reasonable conditions as imposed in the license.
(2) Construction of corrals and stables. All corrals shall
be enclosed by a substantial fence, and corrals for the enclosure
of stallions shall conform to all State laws governing safety
fencing, and all stables and corrals shall be erected and
constructed in conformity with the Building Code of the City.
Where existing buildings and structures constructed in compliance
with regulations in force at the time of construction do not comply
with current regulations, and constitute a threat to health, safety
or the general welfare, specific corrections may be required by the
P~ann~n~ Community Development Director as a condition of issuance
of a license.
(3) Fire protection. Buildings and structures for the
keeping of horses shall conform to the fire protection standards of
the fire district in which the site is located.
(4) Maintenance; sanitary conditions. All stables and
corrals shall at all times be kept adequately clean of manure, and
12
the P~a~n~ community Development Director shall have power to
require fly trapping or fly killing substances and devices as a
condition of any license, as recommended by the County Health
Department. All horses and premises on which horses are kept shall
be maintained in a clean and sanitary condition.
(f) Commercial and Community stables. Each commercial or
community stable shall conform with the following provisions,
whether or not such provisions are specifically set forth in a use
permit granted for such stable under Chapter 15 of this Code:
(1) The premises shall be under the full-time supervision of
a competent attendant on duty on the premises.
(2) Any commercial or community stable providing equestrian
instruction shall give such instruction only on the premises,
unless special permission to do otherwise has been granted in the
use permit.
(3) No lighting other than needed for safe passing around
buildings shall be permitted unless specifically approved under the
terms of the use permit.
(g) Horse licenses.
(1) Horse license required; exception. No horse over three
hundred sixty days of age shall be kept or maintained in the City
without the owner or person entitled to custody thereof first
obtaining a horse license from the P~anB~B~-~>i{ee~{Ff Community
Development Director, provided, however, no license shall be
required for any horse kept and maintained in a commercial or
community stable under the terms and provisions of a valid use
permit issued by the Planning Commission.
(2) License fees. Fees for issuance and renewal of horse
licenses shall be such amount as established from time to time by
resolution of the City Council.
(3) Application for license. Application for a horse license
shall be made to the P~a~B~B~ Community Development Director on
such forms as he may prescribe. The application shall be
accompanied by a dimensioned sketch showing the location of the
proposed stables, corrals, fences and other structures and
facilities for the maintenance of horses, indicating the distance
from existing structures on the subject property, the distance from
the property lines of the site, and the location on neighboring
parcels of all buildings and structures within a distance of one
hundred feet from the site.
(4) Issuance of license. Upon determining that all of the
provisions of this Section and all other applicable provisions of
this Code will be complied with, the P½aBa~ag Community Development
Director shall issue a horse license for not more than one horse
for each forty thousand square feet of site area, or for such other
site area per horse as may from time to time be prescribed in the
zoning regulations of the City.
(5) Condition of license. Any horse license may be issued
subject to any additional conditions or regulations which, in the
opinion of the P~aa~ Community Development Director, are
necessary to protect the public health, safety or welfare.
(6) Revocation of license. A horse license shall
13
automatically be revoked upon any change of ownership of the horse
for which such license is issued or any change in the location of
the site on which such horse is kept. In addition, the P~an~ng
Community Development Director may at any time revoke a horse
license for violation of any condition set forth therein or
violation of any provision contained in this Section or any other
provision of this Code. The P~a~n~g Community Development
Director shall give the license holder at least ten days prior
written notice of his intention to revoke the license and the
reasons for such action.
(7) Appeal to City Council. All determinations and decisions
by the P~an~ Community Development Director pursuant to this
Section may be appealed by the applicant or other interested person
to the City Council, in accordance with the procedure set forth in
Section 2-05.030 of this Code.
(h) Inspections. The P~a~R~ Community Development Director
and the County Health Officer shall have authority to enter upon
and inspect any premises where any horse is kept or maintained for
the purpose of enforcing the provisions of this Section.
SECTION 2. 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 meting of the City Council of Saratoga held on
the 1st day of S~gt~mhpr 1993, by the following vote.
AYES: Councilmembers Anderson, Burger, Kohler. Monia and Mayor Tucker
NOES: None
ABSENT: None
~/MAYOR
ATTEST:
Deput~tyCity~lerk~