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HomeMy WebLinkAbout71.136 ORDINANCE NO. 71 - 136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CHAPTER 7, ARTICLE 20 OF THE CODE OF THE CITY OF SARATOGA RELATING TO ANIMALS AND FOWL The City Council of the City of Saratoga does ordain as follows: Section 1. Chapter 7, Article 20 of the Code of the City of Saratoga is hereby amended to read as follows: "Article 7-20 ANIMALS AND FOWL Sections: 7-20.010 Definitions. 7-20,020 Authority of City Manager and Animal Control Officer. 7-20,030 Inspection by Animal Control Officer. 7-20.040 Animals running at large. 7-20.050 Rabies and other animal diseases. 7-20,060 Wild, exotic or nondomestic animals in captivity. 7-20,070 Abandoned animals. 7-20.080 Disposal of dead animals. 7-20.090 Sale of cats or dogs. 7-20,100 Adoption of animals. 7-20,110 Impoundment. 7-20,120 Hearing on impoundment. 7-20,130 Summary seizure and post seizure hearing. 7-20,140 Diseased animals. 7-20.145 Vicious animals. 7-20,150 Authority of property owner to take possession of stray animal. 7-20.160 Animal bites; quarantine. 7-20,170 Animal maintenance. 7-20,180 Vaccination of dogs and cats. 7-20,190 Barking dogs. 7-20.200 Dog and cat licenses. 7-20,210 Licensing of animal establishments. 7-20,220 Horses. 7-20.225 Animals and vehicles. 7-20.230 Beekeeping. 7-20.240 Violation of Article; penalties. '1- August 22, 1994 marsw\273\ord\ChTArt20.cln 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 person or persons duly appointed by the City Manager to act in his behalf and on behalf of the County health officer 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. (d) Animal menagerie means any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained, or kept for hire. (e) Animal shelter means a facility operated by a public jurisdiction 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. (f) Cat includes all domesticated felines. (g) Commercial kennel: 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) Dangerous animal: Any wild, exotic, non domestic, or venomous animal, or other animal which because of its size, disposition, or other characteristic would constitute a danger to persons or property. (i) Dog includes all domesticated canines. (j) Grooming parlor means any commercial premises or place where animals are trimmed, bathed or groomed. (k) Health Officer means the Director of Public Health or any other person duly authorized to act in his behalf. '2- August 22, 1994 mnrsw\273\ord\ChTArt20.cln (1) Owner means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five (5) consecutive days. (m) Person: Any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. (n) Pet shop means an establishment operated by any person where any live animals are kept for sale, barter or hire. (o) Pound includes all places where impounded animals are to be confined, whether operated by the County or by a private person under contract or agreement with the County or City. (p) Private kennel: A person who maintains within or adjoining his or her private residence three (3) or more dogs over four (4) months of age, or three (3) or more cats over four (4) months of age, but no more than a combined total of five (5) 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 (2) male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two (2) litters of dogs or cats in any one (1) calendar year from the total m~mher 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: Isolation of an animal in a place and manner approved by the health officer. (r) Vicious anlmal 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. -3- August 22, 1994 mnrsw\273\ord\Ch7Ar~20.cln (5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for animal fighting. (s) 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 citations pursuant to section 607g of the Civil Code (animal control officer only). (d) To act as a public officer pursuant to Food and Agricultural 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. (f) Pursuant to Civil Code section 607g, the City Manager may deputize as an animal control officer any humane officer of the Humane Society of Santa Clara Valley. 7-20.030 Inspection by animal control officer. (a) The City Manager and/or an animal control officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this article. An inspection or search warrant will be obtained whenever required by law. (b) This entry and inspection will be made only after the occupant of the premises, if any, has been given written or oral notice of the inspection by the City Manager and/or an animal control officer. If the land is unoccupied, the City Manager and/or animal control officer will make a reasonable effort to located the owner or other person having control of the property before making entry. '4- Augus% 22, 1994 mnrsw\273\ord\ChTArt, 20.cln (c) Notwithstanding the foregoing, if the City Manager and/or an animal control officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, the City Manager an/or animal control officer shall have the power to immediately enter and inspect the property with the use of reasonable force. If the property is occupied in such a circumstance, the City Manager and/or an animal control officer will first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection constitutes a misdemeanor. 7-20.040 Animals running at large. (a) No person in the City owning or having control or custody 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 (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 dow owner or person who has a right to control the dog has a right of possession. (e) A dog that has strayed away from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of 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 right to control the '5- August 22, 1990 mnrsw\273\ord\ChTAr~20.cln 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 unit 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 of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog. (f) Nothing contained in Paragraphs (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. 7-20,050 Rabies and other animal diseases. In the event an Animal Control Officer secures information of the existence of any case of rabies or any other animal disease dangerous to human beings in the City, he shall immediately report the same to the Health Officer, and thereafter carry out all the directions received by him in regard to the control of such disease or the quarantine of any such animals or any other directions that may be given to him by the Health Officer in respect to the same. ~ 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 City Manager and/or the Health Officer. The keeping or maintenance of such animals shall also conform to all applicable zoning regulations. (b) The City Manager and/or the Health Officer may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his opinion, any such animal may be kept or maintained without endangering the safety of any person or property; provided, however, that the City Manager and/or the Health Officer 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 may revoke such authorization when, in his 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. '6- August 22, 1994 mnrsw\273\ord\ChTAr~20.cln 7-20.070 Abandoned animals. No person shall abandon any animal in the City. 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 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 (72) 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 eight weeks of age. Proof of age of the dog or cat may be required by the City Manager and/or Health 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 society animal shelter, public pound or society for the prevention of cruelty to animals shelter shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for insuring compliance with this Section, the adoption agreement will be modified accordingly. (b) As a condition for adoption, the person adopting an animal may be required to deposit with the pound or shelter an -7- Augus~ 22, 199~ mursw\273\ord\ChTart20.cln amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered. 7-20,110 Impoundment. (a) Right to impound. An 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 7- 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, an 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 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 if no action is taken to secure its release within the period of time specified in the notice, which shall be not less than 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 impoundmerit 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. '8- August 22, 1994 mnrsw\273\ord\ChTArt20.cln (e) Fees for keeping animals. 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 or other place where the animal is confined. (f) Redemption of impounded animal. The ow~ler 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 poind where such animal is confined; provided, however, any animal which has been determined by 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 m~mber, 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. 7-20.120 Hearing on impoundment. (a) Request for hearing. Any owner or person having the right to custody of an impounded animal who wishes to challenge the impoundment shall personally deliver or mail a written request for a hearing such that it is received by the Animal '9- August 22, 1994 mnrsw\273\ord\ChTArt20.cln Control Officer within seventy-two hours after the seizure and impoundment. The Animal Control Officer shall thereupon schedule a hearing to be conducted within seven days after his receipt of the request. (b) Hearing initiated by Animal Control Officer. In cases where the Animal Control Officer proposes to impound any animal, but summary seizures and impoundment is not authorized or required under any of the provisions of this Article or State laW, the Animal Control Officer may initiate a hearing to determine whether such animal should be impounded and shall order the owner of the animal to appear at such hearing. (c) Notice of hearing. The Animal Control Officer shall mail written notice of the time and place of the hearing to the owner or the person requesting the hearing at least five days to the hearing date. (d) Conduct of hearing. 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 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 serious affairs. The decision of the Animal control 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 days of the hearing. (e) Owner's failure to appear at hearing. Failure of the owner to appear at the hearing on impoundment, after being ordered to do so by the Animal Control Officer, shall constitute a misdemeanor, subject to the punishment as prescribed in Chapter 3 of this Code. In addition, the Animal Control Officer may immediately seize and impound the animal. 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 prior 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 is injured, sick, or starving and must be cared for; or (3) To protect an animal from injury which has strayed onto public property or public right of way. -10- August 22, 1994 mnrsw\273\ord\Ch7Art20.cln (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 reasonably believes to be infected with disease transmittable to man or to be vicious so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the 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 or person entitled to custody of the animal wishes to challenge the impoundment, he 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 seventy-two hours 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 health officer. Any violation of this Paragraph shall constitute a misdemeanor. (b) Seizure and Impoundment. The Animal Control Officer may seize and impound without prior hearing any animal he reasonably believes to be diseased. The Animal Control Officer shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased so as to constitute a menace to public health or safety. (c) Hearing. The owner or person entitled to custody of an animal which is impounded as a diseased animal, shall have the right to a hearing on the determination of such diseased condition. The hearing 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 which have been determined by the health officer or by a veterinarian 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/or Animal Control Officer. 7-20,145 ViciOUs animals. (a) Requirements for confinement. No person shall have, possess or maintain a vicious animal unless that person -ll- August 22, 1994 mnrsw\273\ord\ChTArt20.cln demonstrates, to the satisfaction of the City Manager or an 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 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 to or 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 name the City and its officers and employees and contracting agents as additional insureds and shall name the City and its officers and employees and contracting agents as additional insured and 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 -12- August 22, 1994 nmrsw\273\ord\ChTArt20.cln insurance shall contain a provision or endorsement requiring ten days prior written notice to the City Manager of any cancellation or reduction of coverage. (e) Requirement for registration. Every owner of a vicious animal over four months of age shell register such animal with the City Manager. 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 City Council. The owner of a vicious animal which has been registered hereunder shall notify the City Manager, in writing, of any change of address within fourteen days from the date of such change. (f) Seizure and impoundment; disposition of animal. An Animal Control Officer may seize and impound without prior hearing any animal he reasonably believes to be vicious. The owner or person entitled ~o 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 as specified in Section 7-20,120 of this Article. The City Manager or an Animal Control Officer may find and declare that the animal is vicious and order such animal to be destroyed. If it is found and determined that the animal can safely be released to the owner or person entitled to custody thereof, he may order such release upon any conditions 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 City Manager or 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 City Manager or Animal Control Officer. (h) Violations. The violation of any provision contained in this Section shall constitute a misdemeanor. 7-20,150 Authority of property owner to take possession of stray animal. Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this Article may take possession of and hold the same; provided, that he shall notify an Animal Control Officer or the County Sheriff of the fact that he has such animal in his possession within six hours after securing possession thereof, and give an Animal Control Officer or County Sheriff full information in regard to the same, and surrender the same to an Animal Control Officer upon demand. -13- August 22, 199~ mnrsw\273\ord\ChTArt20 .cln 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 Animal Control Officer or health officer with full information in regard to the incident. (b) Upon receipt of such a report, an 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 health 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 health officer, or who refuses to allow the health officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the health officer. (d) The City Manager may charge a fee, as set forth in a resolution of the City Council for the City's costs of quarantining animals and inspection for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual costs of the health officer in housing, feeding and otherwise caring for a quarantined animal. (e) The head of any animal which dies or is destroyed while under quarantine shall be submitted to the laboratory of the County Health Department for rabies examination. 7-20.170 Animal maintenance. (a) The provisions of this Section shall be in addition to, and not in lieu of, any other regulations contained in this Code or in any other ordinance of the City regarding the keeping and maintenance of animals. (b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with food, water, and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary condition, and free from all noxious odors or substances. The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a public nuisance. (c) The following conditions shall constitute evidence of lack of sanitary conditions for the keeping and maintenance of animals: (1) The presence of an unusual number of flies in the vicinity of any enclosure or premises where animals are kept. -14- August 22, 1994 mnrsw\273\ord\ChTArt20.cln (2) Any unnecessary accumulation of debris, refuse, manure, droppings or other removable material upon any surface in the vicinity of any enclosure or premises where animals are kept. (3) The presence of any obnoxious odors arising from any condition existing with the enclosure or premises where animals are kept. (4) The unnecessary existence of dust within the enclosure where animals are kept. (d) Upon receipt of a written or oral complaint from any person residing or regularly employed in the area, containing facts evidencing the existence of a violation of this Section, or a violation of any other provision of this Code relating to the keeping of animals, the Animal Control Officer or a Community Service Officer shall investigate such complaint. Such enforcement official may also initiate an investigation without the receipt of any such written or oral complaint if he has reasonable cause to believe any such violation may constitute a public nuisance. 7-20.180 Vaccination of dogs and cats. Every owner of a dog or cat over four months of age in the City shall cause such dog or cat to be vaccinated with an anti- rabies vaccine approved by the State and administered by a duly licensed veterinarian. Further vaccinations shall be made at such intervals of time as may be prescribed by the State Department of Health. 7-20.190 Barking dogs. It shall be unlawful for any person to harbor, keep or maintain any dog in the City which disturbs the peace and quiet of one or more persons in the immediate neighborhood by loud barking or making unusual noises. "Loud barking" means barking, howling or baying by day or night at frequent and/or extended periods of time so as to be a nuisance to one er more person occupying a house or houses in an immediate neighborhood and preventing such person or persons from the comfortable enjoyment of their homes. "Loud barking" does not mean barking where a dog is in the act of protecting or resisting trespassers upon its premises. The burden of proof of such an act of protection or resistance to trespassers by a dog is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the dogs. 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 -15- August 22, 1994 mnrsw\273\ord\ChTArt20.cln unlicensed dog to remain on any premises under his control or in his possession contrary to the provisions of this Section. (b) Exemptions. The followlng 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. (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 veterinarian 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 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 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 -16- August 22, 1994 mnrsw\273\ord\chTArt20.cln the vicious 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 period shall begin on the expiration date of the previous period. (h) Metal tags. With each dog or cat license, the City Manager shall issue a metal tag bearing an identification number and the words and letters "Saratoga Dog License" or "Saratoga Cat License". 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 City Manager 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 it 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 pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie 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 (a) above, shall be in writing on a form approved by the City Manager. 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 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. No license shall be issued or renewed unless and until -17- August 22, 199~ mnrsw\273\ord\ChTArt20.cln all applicable regulations set forth in this Article or elsewhere in this Code, are complied with. (c) Condition 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 articles. (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 al 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 feeding 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. (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. -18- Augus~ 22, 199~ mnrsw\273\ord\Ch7Art20.cln (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 Health Officer. (10) No animal, except those animal(s) in a pasture provided with adequate feed and water, shall be without attention for more than twenty-four (24) 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 animal(s) is immediately available on the premises. (11) All sick, diseased or injured animals shall be isolated from healthy animals 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 an humane manner. (13) The City Manager shall have the authority 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. 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) Denial or revocation of license. The City Manager may deny or revoke any license issued pursuant to this Article in the following situations: -19- August 22, 1994 mnrsw\273 \ord\ChTArt20. cln (1) Whenever determined by inspection that any animal facility 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 license holder has willfully withheld or falsified any information required for a license. (3) If the applicant or license holder has been convicted by a court of law of more than two (2) violations in a twelve (12) month period of this article, or state laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) 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 written request for a hearing to the City Manager within five (5) days after receipt of such notice if the applicant wishes to challenge the denial 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 (5) days before the date of the hearing. The hearing 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 (6) 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 authority to enter upon and inspect any area or premises of any animal establishment for the purpose of enforcing the provisions of this Section. -20- August, 22, 1994 mnrsw\273\ord\ChTAfc20 .cln 7-20.220 Horses. (a) Purpose. this Section is adopted to establish licensing requirements for the keeping of horses, and to requlate 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 purposes 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 stables 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 occupancy of the site. -21- August 22, 1994 mnrsw\273\ord\ChTArt20 .cln (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 quests 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 remuneration. (c) Interpretation of provisions. The provisions of this Section shall be held to be minimum requirements except where it is 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 requlations 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 requlations 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 requlations. 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 -22- August 22, 1994 mnrsw\273 \ord\chTArt20. cln exercised under the direct control of some responsible person, except that the Planning 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 City Manager 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 the City Manager 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 City Manager; provided, however, no license shall be required for any horse kept and maintained in a commercial or community stable under the terms '23- Augus% 22, 1994 mnrsw\273\ord\chTAz~c20.cln 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 City Manager 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 City Manager 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) Conditions of license. Any horse license may be issued subject to any additional conditions or regulations which, in the opinion of the City Manager, are necessary to protect the public health, safety or welfare. (6) Revocation of license. A horse license shall 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 City Manager 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 Planning 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 City Manager 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 City Manager 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. -24- August 22, 1994 mmrsw\273\ord\ChTArt20.cln 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 well-being of the animal. 7-20.230 Beekeeping. (a) Purpose: This section is adopted to establish provisions to regulate keeping and maintaining colonies of bees within the City, in order to protect and promote the public health, safety, welfare comfort and convenience, while permitting the reasonable uses of bees in commercial and agricultural activities. (b) Definitions. For the purposes of this Section, and other provisions of this Code, the following words shall have the meaning respectively ascribed to them in this paragraph, unless the context or the provision clearly requires otherwise: (1) Apiary means bees, hives and appliances wherever the same are kept, located or found. (2) Bees means honey-producing insects of the species apis mellifica, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax. (3) Hive means any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession. (4) Location means any premises upon which an apiary is located. (c) Notice required when moving apiaries. No apiary shall be moved into the City or within the confines of the City without notice in writing being given to the City Manager within five (5) days from the date movement is begun, stating: (1) The number of colonies of bees to be moved into or within the City. '25- August 22, 199a mnrsw\273\ord\ChTArt20.c/n (2) The location of the property in the City to which bees are to be moved, and the name and address of the owner of the property or person in possession thereof. (3) The distance of the proposed location of the apiary from the nearest public road intersection. (d) Location of apiary. No apiary shall be located: (1) At a distance less than five hundred (500) feet from the nearest residence, church, school, public building, corral or water area in the corral unless the owner or person in possession thereof has given written permission to the location of said apiary at a closer distance. (2) On any lands without the written consent of the owner or person in possession thereof. (3) Closer than three hundred (300) feet from any public road. (e) Water supply. A water supply adequate in quantity for the apiary should be provided and maintained. (f) Identification of premises. Every person maintaining any apiary on premises other than their own residence shall identify the apiary by affixing and maintaining signs thereto showing the name of owner or person in possession of the apiary, the owner or persons address and telephone number, or a statement that the owner or person has no phone. These signs shall be prominently placed and maintained on each entrance side of the apiary and ~mmediately adjoining the same and lettered in black at least one (1) inch in height on a white or light background. (g) Notice, correction of violation. Any person transporting or maintaining an apiary who violates any of the provisions of this article may be given verbal or written notice by the City Manager, Animal Control Officer or deputy sheriff. A written notice shall also be posted on the location of forty-eight (48) hours, and it shall be unlawful for the owner or person in possession of said apiary to fail to correct the violations within that period. The provisions of this Section, however, shall not authorize the keeping of bees in areas where they are not otherwise allowed by law. -26- August 22, 1994~ mnrsw\273\ord\ChTArt20 .cln (h) Penalty, abatement. Every person violating any provision of this section who has been given notice thereof as prescribed herein shall be guilty of a misdemeanor. 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 penalties as set forth in Chapter 3 of this Code." Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 6th day of April , 1994, by the following vote. AYES: Councilmembers Anderson, Burger, Kohler and Mayor Tucker NOES: None ABSENT: C0unci]member M0nia ATTEST: ' ~' ' MAYOR CityCl~' The above and foregoing is a true and correct / copy of Ordinance ?/' ~ which has been p~bli~hed according to law.