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HomeMy WebLinkAbout02-26-1985 CITY COUNCIL STAFF REPORTSCITY OF SeI ATOG'1 Initial- AGENDA BILL NO. �! Dept. Hd. DATE: February 26, 1985 C. At DEPARTMENT: City Attorney C. Mg . SUBJE-CT: Amendment to .animal control ordinance Issue St.3nnary The County has again requested an amendment to Saratoga's animal control ordinance to conform with a recent enactment by the Board of Supervisors. The amendment would add a new section to regulate the transportation of. animals in motor vehicles and to prohibit the leaving of animals . unattended in motor vehicles without adequate ventilation. . .. Reccmrar_dation Adoption of ordinance. e Fiscal impacts None. All enforcement of the City's animal control regulations is handled by the County. Exhibits /AttacI r__nts (a) Proposed ordinance. (b) Letter from County.Animal Control Division Co:incil Action 3/20: Returned to County for clarification.. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 8 OF THE CITY CODE BY ADDING SECTION 8 -7.3 RELATING TO ANIMALS AND VEHICLES The City Council of the City of Saratoga does ordain as follows: SECTION 1: Chapter 8 of the City Code is amended by adding Section 8 -7.3, entitled "Animals and vehicles," to read as follows: "Sec. 8 -7.3 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 the 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. (c) Any violation of the provisions of this Section shall be punishable as an infraction." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall take effect and be in full force and effect thirty days from and after the date of its passage and adoption. s * s The above and foregoing Ordinance was regularly introduced and after the -1- waiting time required by law, was thereafter passed and adopted this day of 1985, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK -2- MAYOR County of Santa Clara California EMA / GSA Environmental Management / General Services January 10, 1955 Mr. Wayne Dernetz City Manager, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Animal Control DMslon 800 Thornton Way San Jose, California 95128 279 -5075 Area Code 408 RECEIVED JAN 16 1985 CITY MANAGER SUBJECT: REQUEST TO INITIATE CHPNG ES I14 MUNICIPAL CODES RT_?LATIVE TO ANIMA-j-, COIvTFOL. Th' Soar-`- c1'_, r iscr s in vel:icl ^s be c_c r�.c7 faIIinc :_roM the V, E, cIe•, be oroviC_c: ani_.als loft at t'-ei..� meet i nq of Dece.:,`-)er 12 , 1 °. Section -4-14 reli•^:',:1 ^c tG nni ^.1s In _ c _ _,11-cs t. t-,a ,. ._:, i a l __, beir.g tra ~:s :,rted to prevent- t)�e an_nal from jug Di_ ^.cq or . M laton an ti in unattended, vehicles. Please revie -x, your city's municipal Cote to ensure that the l'.1O_ "C._. ^•q is cc'n iF�tcnt .::t.;: t';w^t of the enclose-` attachment. If it not consi =t._.;t, plea_e to ? -e th ^se ste-)s necessary to am.,nlf ±he codE: SO t:l.'.1 t?lo City an(r4 cou;.ty will be uni=o=::'.. S!- .c)u_C, '?1ur cffice ar _our city electe6i:officials have CL:estions conce -rn-ng t;:ese a;:,=:_ 6mentc, I ;.ill },a lac to ansl.,er yuest_c•,is to clarify the intent. It voulc be apt reciated if vcu would notify r*,: office when the mo if i CE,,ti cn of your Hunicipal codes has been cor - Yeted. Daniel R. Sff,.lt,i Director An Eoual Opporiunily Employer 0 ORDINANCE NO. NS- AN ORDINANCE TO ADD SECTION B4 -14 TO THE SANTA CLARA COUNTY ORDINANCE CODE, FELATING TO ANIMALS AND VEHICLES The Board of Supervisors of the County of Santa Clara do ordain as follows: SECTION 1. Section B4 -14 is added to the Santa Clara County Ordinance Code to read: Sec. 84-14. 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 the animal in a motor vehicle on any public highway or public roadway, 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 a manner as to subject the animal to extreme temperatures which may adversely affect the health or well -being of ;the animal. (c) Any violation of the provisions of this section shall be punishable as an infraction. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on DEC 1 8 1994 by the following vote: AYES: Sup er'v;so.s D,,;;, D vfV r ' FF ^`� '`C;, ET'''A ���`� r/-� LL17nly, LGntanci�, 111 . YI'�fi, ��►..V`ii� NOES: Supervisors NONE ABSENT: Supervisors NOIvE E LOFGFEN, Chairperson Board of Supervisors ATTEST: DONALD M. RAINS, Cler k _n __4 of Supervi ZY APFRO ED AS TO FORM AND LEGALITY: r\ r'\,, HARRISON D. TAYLOR •\ Deputy County Counsel HDT : m j/4906/112-- x.9-84