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HomeMy WebLinkAboutOrdinance 323 -Amending Chapter 7 of City CodeORDINANCE NO. 323 AN ORDINANCE AMENDING CHAPTER 7 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS Findings 1 The City of Saratoga wishes to amend the provisions of the City Code concerning animals in order to remedy internal ambiguities, clarify existing requirements, codify staff interpretations, omit redundant terms and provisions, and amend grammatical and other errors 2 The City of Saratoga also wishes to make general updates and clarifications, reflect current practices and laws, and address the public safety risks associated with dogs that bite people or domestic animals and create achievable standards for maintaining these dogs 3 The City Council of the City of Saratoga held a duly noticed public hearing on November 5, 2014, and after considering all testimony and wntten matenals provided in connection with that hearing introduced this ordinance and waived the reading thereof Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth in Attachment 1 Text to be added is indicated in bold double -underlined font (e g., bold double -underlined) and text to be deleted is indicated m strikeout font (e.g., strilkeeut) Text in standard font is readopted by this ordinance Text in italics (e g , Italics) is descriptive only and is not part of the amendments to the City Code Section 2. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated Page 1 of 21 Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3) CEQA applies only to projects which have the potential of causing a significant effect on the environment Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code address regulation of animals only and would have a de minimis impact on the environment Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 5th day of November, 2014, and was adopted by the following vote on November 19th, 2014 COUNCIL MEMBERS AYES. Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny Cappello, Chuck Page, Jill Hunter NOES• None ABSENT. None ABSTAIN None A EST. AM ry' .1 Bothelio, CITY CLERK APPROVED AS TO FORM. SIGNED Emily Lo MAYOR, CITY OF SARATOGA, CALIFORNIA Richard Taylor, CITY ATTORNEY DATE DATE Page 2 of 21 IZ/117-0it*% k 120 • 1 Attachment 1 — Amendments to Article 7-20 of the Saratoga City Code Article 7-20 - ANIMALS -AND FOWL 7-20.010 Definitions For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Animal includes any live vertebrate creature, domestic or wild, except fish. (b) Animal Control Officer means the Community Development Director or another City Employee or agent duly appointed in writing by the City Manager to act m fin his or her behalf :... - - .. • e _ _ in the administration and enforcement of the animal and rabies control laws and the provisions of this Article. (c) Animal establishment means any commercial premises or place within the City where animals are kept, boarded, trained, sold or groomed, including a kennel, pet shop, and grooming parlor (e d) Animal shelter or shelter means a facility operated by a public agency iiirisdietien or by an accredited, tax-exempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned, or unwanted animals (€g) Cat includes all domesticated felines. (g fD' Commercial kennel means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels. (h g) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or other animal; other than a dog, which because of its size, disposition, or other characteristic would constitute a danger to persons or property. hl Dangerous dog means an dog, except a do . ; .1 • ; • • ; • 11 • , , . • , in law enforcement duties, which has demonstrated any or all of the following characteristics: (1) inflicted severe injury or killed a person; or than twice during a thirty-six month period. (i) Dog includes all domesticated canines. (1) Grooming parlor means any commercial premises or place where animals are trimmed, bathed or groomed. Page 3 of 21 (i Owner means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five consecutive days. (m 1) Person means any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. (n m) Pet shop means an establishment operated by any person where any live animals are kept for sale, barter or hire. the County or City. (n) Potentially dangerous dog means any dog, except a dog assisting a peace officer engaged in law enforcement duties, that has committed any of the following acts: (1) on two separate occasions within a thirty-six month period, engaged in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog and the dog was not first proven to have been physically assaulted by the person; or (2) bitten a person causing an injury that is not severe as defined herein; 9x (3) severely injured a domestic animal at a location that is not the property of the owner of the dog, (p Private kennel means a person who maintains within or adjoining his or her private residence three or more dogs over four months of age, or three or more cats over four months of age, but no more than a combined total of five dogs and cats, such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two litters of dogs or cats in any one calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel (q Quarantine means isolation of an animal in a place and manner approved by the Health Offcer Animal Control Officer. characteristics. Page 4 of 21 • c n n in :s disfi . urine lacerations, one or more broken or fractured boned or re • uires multi r le sutu es or staples, or corrective or cosmetic surge • (s r) Wild animal means any wild, exotic, undomesticated. dangerous or venomous animal, including mammals, fowl or reptiles. 7-20 020 Authority of City Manager and Animal Control Officer. The City Manager and Animal Control Officer shall have the following power and authority. (a) To enforce the provisions of this Article and state laws relating to the care, treatment, impounding and destruction of animals. (b) To arrest any person who violates any provision of this Chapter in the manner provided by Section 836.5 of the Penal Code. (c) To issue a citation (notice to appear in court) pursuant to Section 14503 of the Corporations Code (Animal Control Officer only). (d) To act as a public officer pursuant to Food and Agriculture Code Section 7. (e) The City Manager may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this Article. Such rules and regulations shall have the same force and effect as this Article when adopted by the City Council and any violation shall be deemed an infraction. (1) Pursuant to Section 14503 of the Corporations Code. the City Manager may deputize designate as an Animal Control Officer any employee of a public agency shelter which has contracted with the City to provide animal care or protection services. any g) To propose such fees as are necessa for the administratio of this Article includint but not limited to the fees referenced herein. All fees shall be approved by resolution of the City Council. [7-20.030 Inspection by Animal Control Officer. No change to existing City Code ] 7-20 040 Animals running at large (a) No person in the City owning or having control orestedy of any dog or any other animal shall cause, permit or allow the same to be at large or to stray or wander into any school yard, school building, public park, public highway or street or upon any private place or property without the consent of the owner or person in control thereof (b) No dog shall be permitted or allowed in any residential or commercial zoning district in the City, except - (1) Within the confines of a building or structure; or (2) Within the confines of a fenced enclosure at least five feet in height which, in the opinion of an Animal Control Officer, is of sufficient strength and design to prevent escape by the particular dog confined therein; or Page 5 of 21 (3) Where such dog at all times is held and led by a leash of not more than six feet in length, securely attached to a harness or collar on the dog and held by a person capable of exercising complete control over such dog (c) The provisions of this Section shall not apply to dogs assisting peace officers engaged in law enforcement activity, or dogs being trained by peace officers, or their agents, for law enforcement activity (d) An Animal Control Officer shall not seize or impound a dog for running at large in violation of this Section when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a nght of possession but in such a case a citation for such violation may be issued (e) A dog that has strayed away from but then returned to the private property of its owner or the person who has a nght to control the dog shall not be seized or impounded merely for violation of this Section, but in such a case a citation for such violation may be issued, provided, however, that if in such situation the owner or the person who has a nght to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living umt of the owner or person who has a right to control the dog. Such notice shall state the following• that the dog has been impounded, where the dog is being held; the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication o f the that the dog may be destroyed or all owner's rights forfeited under Section 7-20.110(g) if 1103-ae o its owner does not lawfully regain possession of ft the dog within four business days after (but not including) the date of posting of the notice or obtain a signed written agreement from the Animal Control Officer to keep the dog for a specified longer time period. (f) Nothing contained in subsection (d) or (e) of this Section shall affect the authority of an Animal Control Officer to seize or impound a dog or issue citations for violation of any other Section of this Article 7-20.060 Wild, exotic or nondomestic animals in captivity (a) No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous animal or nondomestic animal without first applying to and receiving special authorization from the City Manager and/or. the Hea It Office" The keeping or maintenance of such animals shall also conform to all applicable zoning regulations (b) The City Manager may authonze the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his or her opinion, any such Page 6 of 21 • animal may be kept or maintained without endangering the safety of any person or property; provided, however, that the City Manager may require any such animal to be properly caged, tethered, or restrained, and he or she may impose such additional requirements that may be necessary and proper under the circumstances. 14e The City Manager may revoke such authorization when, in his or ber opinion, the safety of any person or property is endangered by the keeping of any such animal. (c) The provisions of this Section shall not be applicable to licensed circuses, carnivals, zoos, or other collections of wild animals under jurisdiction of a city, county, state or federal government. [7-20 070 Abandoned animals. No change to existing City Code J 7-20 080 Disposal of dead animals (a) When any deg -or -ether animal or fewl owned by or m the mately -or control of any person dies in the City, such person shall, within twenty-four hours, provide for the burial, incineration or other disposition of the body of such dead animal or fewl in a safe and sanitary manner, or such person may request the Animal Control Officer to dispose of such ammal-er-fewl, and in such event shall pay a fee for such disposal as fixed by City Council resolution. (b) Upon learning that the body of a dead animal located within the City has not been disposed of in a safe and sanitary manner, the Animal Control Officer shall remove the body immediately. Before disposing of the body of a dead animal, the Animal Control Officer will give notice to the owner of the animal, if known, within seventy-two hours of the time that the dead animal is removed The Animal Control Officer shall not be required to remove and dispose of bodies of dead animals on State highways or on State property. (c) The City Council may establish a fee sufficient to defray the cost incident to removal and disposal of bodies of animals The owner or person in charge of any dead animal shall pay such fee 7-20 090 Sale of cats or dogs No person or animal establishment other than a licensed animal shelter shall sell, exchange, or barter any dog or cat under less than eight weeks of age Proof of age of the dog or cat may be required by the City Manager and/or Health -Off -leer Animal Control Officer. Proof of age may include, but is not limited to, a certification by a licensed veterinarian attesting to the animal's age. 7-20 100 Adoption of animals (a) Any person adopting an unspayed or unneutered dog or cat from any humane-seciety animal shelter, peblie-peend shall have said animal spayed or neutered on or before a date specified in the adoption Page 7 of 21 agreement unless a licensed veterinarian states in wnting that (i.) the date specified in the adoption agreement is inappropriate for the animal in question or (2) the procedure would threaten the health of the animal On submission of such written statement to the person at such shelter er-peund responsible for insuring compliance with this Section, the adoption agreement will be modified accordingly. dog:. :, ea a ute ea 7-20 110 Impoundment. (a) Right to impound An Animal Control Officer shall may seize and impound any animal when impoundment thereof is authonzed or required under any provision of this Article or State law The Animal Control Officer may also seize and impound any stray animal rummng at large in violation of Section 7-20 040, subject to the limitations set forth therein, and any dog not licensed as required by Section 7-20.200 The Animal Control Officer may seize and impound any animal to protect the public health, safety, and public and private property (including but not limited to a dangerous dog or potentially dangerous dog including such dogs when not kept in compliance with requirements for such dogs as set forth in this Article); and to protect an animal that is injured, sick, or starving and must be cared for. thereof. (b) Notice of impoundment Whenever any animal is impounded under the provisions of this Article or State law, the Animal Control Officer shall use reasonable diligence to locate the owner and shall notify such owner of the animal's impoundment, if the whereabouts of such owner is known. The notice shall state the name, address and telephone number of the agency or person to be contacted regarding release of the animal and shall indicate the ultimate disposition of the animal in accordance with Section 7-20.110(g) if no action is taken to secure its release within the period of time specified in the notice, which shall be not less than four business five days nor more than ten business days from the date such notice is mailed or otherwise given to the owner. If the whereabouts of such owner is unknown, the Animal Control Officer shall post a notice of the impoundment at a conspicuous place in City Hall, which notice shall contain a description of the impounded animal and shall set forth the fact that unless it is reclaimed before the time specified in such notice, which time shall be not less than four business three days nor more than ten business days from the posting thereof, the Animal Control Officer will proceed to dispose of such animal in accordance with Section 7-20.110(g) (c) Hearing pnor to impoundment. Except in cases where summary seizure and impoundment is authonzed or required under any provision of this Article or State law, the Animal Control Officer may not seize or impound any animal, without the consent of the owner Page 8 of 21 • 1 of the animal, unless an -appeal a hearing is held as set forth in Section 7-20 120 (d) Care of impounded animals The Animal Control Officer shall cause all animals impounded by -him to be provided with sufficient food and water and with shelter suitable for such animals. (e) Fees for keeping ammals. The City Council by resolution shall fix, determine and maintain a schedule of fees to be collected from the owners of all animals impounded, such fees to be sufficient to defray the costs incident to such impounding, including all costs for the care and maintenance of the animal at the pound shelter or other place where the animal is confined (f) Redemption of impounded ammal. The owner : : - : : - - :. :: of an impounded animal may, at any time before the disposal thereof by the Animal Control Officer, redeem such animal by paying to the Animal Control Officer the fees, charges and, in the case of dogs, the license fee tax-prescnbed by this Article and any tax imposed by the State accruing up to the time of such redemption; provided, however, an impounded animal may not be redeemed where. (1) Such animal is determined to be diseased and ordered by the Animal Control Officer to be destroyed, as provided in Section 7-20 140; or (2) Such animal is determined to be vicious dangerous and ordered by the Animal Control Officer to be destroyed, or the owner of such animal has failed to satisfy the conditions for its release of a dangerous dog, as provided in Section 7- 20.145, or (3) Such animal is required to be quarantined, as provided in Section 7-20 160. In such cases the owner of the animal may request an appeal hearing pursuant to section 7-20.120. (g) Disposition of impounded animal Any animal impounded and not (1) redeemed c(;_) subject to a request for hearing appealing a decision that the animal may not be redeemed, within the state -mandated holding period within the time and in the manner specified in this Article shall may be disposed of by the Animal Control Officer or the pound shelter where such animal is confined; provided, however, any animal which that has been determined by a vetennanan licensed by the State or other qualified person to be diseased or injured to the extent that emergency vetennary care will not alleviate its suffering shall be destroyed in a humane manner as soon as possible, and in such event, the Animal Control Officer shall not be required to give the notice described in subsection (b) of this Section An animal in good health and temperament shall be made available for adoption or release to a humane society or other society incorporated and organized for the prevention of cruelty to animals qualifying under i r i s ra i, i. Section - 5 I 1: nd follow' i s nd deem i facto i the Animal Control Officer in his or her sole discretion. (h) Record of impounded animals The Animal Control Officer shall keep a record of all animals impounded hy-him, which record shall show the date of impoundment, license tag number, if any, the date and manner of its disposal, and if redeemed or sold, the name and address of the person by whom redeemed or purchased and the amount of all fees and other money received or collected by him and the disposition thereof. Page 9 of 21 7-20.120 Hearings. (a) Request for heanng regarding impounded animal Any owner te-eustody of an impounded animal who wishes to challenge the4mpeundment a determination that an impounded animal may not be redeemed or the conditions imposed on redemption shall personally deliver or mail a written request for a heanng :such that it is received by f4 the City Clerk • . Failure to file with the City Clerk a written r st for a heari . ' in the state -man s : $ h i ldin ' eri ' . il i rfeit all ri ' h e of ownership and control of the animal to the City of Saratoga. Upon such forfeiture, the Animal Control Officer shall determine the final disposition of the impounded animal in accordance with the law. (b) Request for hearing on other determinations pursuant to this Article. Any owner of an animal that is the subject of an order or determination pursuant to this Article other than those described in subsection (a), above, may appeal such order or determination by personally delivering or mailing a written request for a hearing such that it is received by the City Clerk within four (4) business days after the order or determination has been made and either hand -delivered or mailed to the owner. LelHearing initiated by Animal Control Officer In cases where the Animal Control Officer proposes to impound any animal, but summary seizures and impoundment is not authonzed or required under any of the provisions of this Article or State law, the Ammal Control Officer may initiate a heanng to determine whether such animal should be impounded and shall order the owner of the animal to appear at such hearing (e) Notice of hearing Within two business days of receipt of a written request for bearing, the The -Animal -Control -Officer City Clerk shall mail or hand deliver written notice of the time and place of the hearing to the owner or the person requesting the hearing at least four five (5) business days prior to the hearing date To the maximum extent reasonably feasible, the notice shall schedule the hearing to be held within 10 business days of the date the notice is mailed or delivered. (d) (e) Conduct of hearing Hearings pursuant to this Article shall be heard by the Hearing Officer designated by the City Council pursuant to Chapter 3 of this Code. At the hearing, the owner and the Animal Control Officer may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses Strict rules of evidence shall need -not apply Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of senous affairs The decision of the Rearing Officer shall be supported by the weight of the evidence and shall be final The owner shall be given written notice of the decision within fifteen business days of the hearing. The decision of the hearing officer shall be final and not subject to appeal to the City Council. (e) ice' Owner's failure to appear at hearing Failure of the owner to appear at the a hearing en .... , . _ . - ... .. - initiated by the Animal Control Officer, shall constitute a misdemeanor, subject to the punishment as prescribed Page 10 of 21 • (g) in Chapter 3 of this Code In addition, the Animal Control Officer may immediately seize and impound the animal. Failure of the owner to appear at any other hearing shall be considered a withdrawal of the request for a hearing and the order or determination that was the subject of the hearing shall remain in effect. If the Hearing Officer determines that the order or determination at issue is not supported by the weight of the evidence, the order or determination shall be rescinded and no similar order or determination may be made with respect to that animal unless new facts arise following the hearing that provide reasonable grounds to support the order or determination. 7-20 130 Summary seizure and post seizure hearing (a) Seizure in absence of owner. Except as otherwise provided in Section 7-20 040, an Animal Control Officer may seize and impound any animal for violation of any provision of this Article or State law pnor to a hearing in any of the following situations where the owner is not present and where the Animal Control Officer reasonably believes it is necessary (1) To protect public health, safety and property, (2) To protect an animal which that is injured, sick, or starving and must be cared for, or (3) To protect an animal from injury which that has strayed onto public property or public nght-of-way (b) Seizure when owner present. Even when the person owning or having charge of an animal is present, an Animal Control Officer may seize or impound any such animal he or she reasonably believes to be infected with disease transmittable to man a human being or to be vicious dangerous so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the Animal Control Officer reasonably believes that such seizure and impoundment is necessary to protect the public health and safety (c) Post seizure hearing. If the owner of the animal wishes to challenge the impoundment, he or she shall personally deliver or mail to the Animal Control Officer a written request for a hearing such that it is received by the Animal Control Officer within the state -mandated holding period after the seizure and impoundment, and such hearing shall then be rescheduled, noticed and conducted as set forth in Section 7-20 120 7-20.140 Diseased animals (a) Restriction concerning diseased animals. No person owning or having possession of any animal that is infected with any disease transmissible to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the City other than at an approved veterinary hospital or alternate site of confinement approved by the Animal Control Officer Any violation of this subsection shall constitute a misdemeanor (b) Seizure and impoundment The Animal Control Officer may seize and impound without pnor hearing any animal he or she reasonably believes to be diseased The Animal Control Officer shall keep such animal in a safe place long enough to observe, examine Page 11 of 21 and determine whether it is diseased so as to constitute a menaee-threat to public health or safety (c) Hearing. The owner of an animal which that is impounded as a diseased animal, shall have the right to a hearing on the determination of such diseased condition The heanng shall be requested, noticed and conducted within the time and in manner as specified in Section 7-20.120 of this Article (d) Destruction of diseased animals Animals whisk that have been determined by the-Health a vetermanan licensed by the State or other qualified person to be so diseased as to constitute a threat to public health or safety, shall be destroyed by or under the direction of the City-Manager-and/4m Animal Control Officer 7-20.143 Potentially dangerous dogs. (a) A dog that qualifies as a potentially dangerous dog under the definition contained in this Article may be determined to be a potentially dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to 7-20.120, The City shall maintain a list of potentially dangerous dogs in the City of Saratoga and keep of a record of incidents of dangerous or potentially dangerous dog behavior by potentially dangerous dogs reported by the Animal Control Officer. (b) If no additional incident of dangerous or potentially dangerous dog behavior occurs within a 36 -month period from the date the Animal Control Officer determines a dog to be a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. (c) A dog may be, but is not required to be, removed from the list of potentially dangerous dogs if the owner of the dog satisfactorily demonstrates to the Animal Control Officer that changes in circumstances or measures taken by the owner, such as training of the dog, have satisfactorily mitigated the risk to public safety. (d) A dog determined to be potentially dangerous, while on the owner's property, shall at all times be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous dog may be off the owner's property only if it is restrained by a leash of not more than 6 feet in length and if it is under the control of a responsible adult. (e) If a dog determined to be potentially dangerous dies, is sold, transferred, or permanently removed from the City, the owner of the dog shall notify the Animal Control Officer of such changed circumstance and/or location of the dog in writing within five business days. 7-20 145 Vicious Dangerous dogs, animals (a) A dog that qualities as a dangerous dog under the definition in this Article may be determined to be a dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to 7-20.120. The City shall maintain a List of dangerous dogs in the City of Saratoga and keep of a record of incidents of Page 12 of 21 J • 4r c 01, dangerous or potentially dangerous dog behavior by dangerous dogs reported to the Animal Control Officer. (b) If no additional incident of dangerous or potentially dangerous dog behavior occurs within a 36 -month period from the date an Animal Control Officer determines a dog to be a dangerous dog, the dog shall be removed from the list of dangerous dogs. (c) Dangerous dog maintenance requirements. (1) Requirements for confinement. No person shall have, possess or maintain a dangerous dog unless that person demonstrates, to the satisfaction of the City Manager or the Animal Control Officer, that the dangerous dog is securely confined as follows: (a) Outdoors: when not on leash, the dangerous dog must be maintained in a secure and enclosed space behind a fence of not less than six feet in height that the dog cannot exit without assistance from the owner of the dog. The space shall also be secure so as to prevent minors from accessing the area where the dog is contained. (b) Indoors: by means of a house, apartment, building or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of the owner or a person designated by the owner with the right to control the dog. (c) When a dangerous dog is not confined as prescribed in subsection (a) of this Section, the owner or person designated with the right to control such dog shall be required to keep the dog; (1) On a leash not to exceed three feet in length. The dog shall at all times be under the control of a person at least eighteen years of age who is physically capable of restraining it. A dangerous dog shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings, except when the dog is inside a securely enclosed, escape - proof locked kennel or pen; and (2) Securely muzzled. The muzzling device shall be constructed to allow normal respiration but impossible for the dog to remove it without human assistance. (2) Signage. A sign advising of the presence of a dangerous dog shall be posted at every entrance to every place wherein such dog is confined. The sign shall be capable of being understood by a child of age six or more. (3) Requirements for transportation. During transportation, a dangerous dog shall be securely enclosed and unable to escape the vehicle in which it is being transported. No dangerous dog shall be left unattended in or about any vehicle. (4) Requirement for sterilization. The owner of the dangerous dog shall be required to have the dangerous dog spayed or neutered, unless a licensed veterinarian states in writing that sterilization would make the dog in question more dangerous or significantly threaten the health of the dog. (5) Microchip. The owner of the dangerous dog shall be required to have the dangerous dog permanently identifiable by means of implantation of a microchip. (6) Behavior modification. The owner of the dangerous dog shall be required to consult with and retain an animal behaviorist or trainer to make reasonable Page 13 of 21 effort to modify and correct the dog's behavior to prevent future incidents of dangerous behavior. (7) Minors. At no time may a dangerous dog be left in the company if an ' minor i rvision of an adul : , : i f controllin ' n ' rainin the d (d) Requirement for inspection. The Animal Control Officer shall conduct annual home inspections to determine compliance with the requirements for dangerous dog maintenance. The inspection shall be subject to any fee for such inspection set forth in the schedule of fees adopted by resolution of the City Council. (e) Change of address or ownership. The owner of a dog that has been determined to be a dangerous dog hereunder shall notify the City Manager, in writing, of any change of address or ownership within five business days from the date of such change. (f) Failure to comply with requirements. Any owner of a dangerous dog who fails or is unable to comply with any of the requirements set forth in this Section or any conditions imposed by the Animal Control Officer with respect to such dog, shall surrender such dog to the Animal Control Officer for destruction or other disposition as determined by the Animal Control Officer. (g) Violations. The violation of any provision contained in this Section shall constitute a misdemeanor. a preef-4eeked4ehael-er--penr and Page 14 of 21 coverage misdemeaner- 7-20 150 Authority of property owner to take possession of stray animal Any person who finds any animal which that has strayed or is running at large upon his Ox her own property or any other place contrary to the provisions of this Article may take possession of and hold the same, provided, that he or she shall notify an the Animal Control Officer or the County Sheriff of the fact that he or she has such animal in his or her possession within six hours after securing possession thereof, and give an the Animal Control Officer or County Sheriff full information in regard to the same, and surrender the same to an the Animal Control Officer upon demand Page 15 of 21 7-20.160 Animal bites, quarantine (a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to an the Animal Control Officer or with full information in regard to the incident. (b) Upon receipt of such a report, an the Animal Control Officer shall seize and Er quarantine such ammal for a penod of fourteen days or such other period as may be prescribed by the State Department of Health The I-Iealth-Offieer Animal Control Officer may order the owner to quarantine the animal on his or her premises (c) Any person who fails, refuses, or neglects to quarantine any ammal as ordered by the Health -Off -Leer Animal Control Officer, or who refuses to allow the Health -Officer Animal Control Officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor No animal shall be removed or released dunng the quarantine period without written permission of the Animal Control Officer. (d) The City Manager may charge a fee, as set forth in a resolution of the City Council for the City's costs of seizing or quarantining animals and inspection for quarantine of animals Any fee charged shall be paid by the owner : of the animal Such a fee shall be in addition to the actual costs of the Health O i ler Animal Control Officer in housing, feeding and otherwise caring for a quarantined animal (e) The head of any animal whieh that dies or is destroyed while under quarantine shall be submitted to • - ..... : :. • . • e ... .. . the Animal Control Officer for rabies examination. [7-20 170 Animal maintenance No change to existing City Code ] [7-20 180 Vaccination of dogs and cats No change to existing City Code ] [7-20 190 Noise from animals and fowl No change to existing City Code ] 7-20 200 Dog and cat licenses (a) License required. No person shall have, harbor or keep any unlicensed dog or cat in the City or permit or allow any unlicensed dog to remain on any premises under his fier control or in his or her possession contrary to the provisions of this Section (b) Exemptions. The following are exempt from the requirement for license - (1) Dogs or cats less than one hundred twenty days old (2) Dogs or cats vaccinated and licensed in other jurisdictions, for so long as such license remains in effect. (3) Dogs or cats owned by a nonresident of the City traveling through or temporarily sojourning therein for not more than thirty days in any twelve-month period Page 16 of 21 s • • (4) Dogs or cats temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than fifteen days thereafter (5) Dogs or cats on sale in a duly licensed pet shop or kennel where they are kept enclosed at all times. (6) Dogs principally used for the purpose of leading persons with defective eyesight or hearing and dogs used in law enforcement agencies. Licenses and tags shall be issued for such dogs upon request without charge (c) Fees A license fee shall be paid for each dog or cat within the City The amount of this fee and any applicable penalty fees shall be determined from time to time by City Council resolution (d) Vaccination as condition to issuance of license. Prior to the issuance of any license it shall be necessary that the dog or cat licensed shall be vaccinated with antirabies vaccine as provided in Section 7-20 180 which is effective and recent enough to provide protection against rabies for the licensed period (e) Veterinarian responsibilities. Every vetennanan who vaccinates or causes or directs to be vaccinated in the City any dog or cat with antirabies vaccine shall use a form provided by the licensing authonty to certify that such animal has been vaccinated (f) Issuance, contents Upon the payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and, when required, and presentation of a vicious dangerous animal registration ! . - , the City Manager shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, the dates of expiration of the vicious dangerous animal registration and insurance coverage, if applicable, and a description of the dog or cat for which such license is issued, together with the number of the metallic tag accompanying the same (g) Term, expiration. Dog and cat licenses shall expire one year from date of issue or thirty- six months from date of issue dependent on license fee and vaccination status tendered Dog and cat licenses shall be renewed upon expiration When a license is renewed after the expiration date, the new license penod shall begin on the expiration date of the previous penod. (h) Metal tags With each dog or cat license, the Cit; Manager Animal Control Officer shall issue a metal tag beanng an identification number, ." Each dog or cat shall wear the tag issued for it at all times. In the event that it is necessary to issue a duplicate tag, a fee established by City Council resolution shall be charged to the owner. (i) Record of licenses. The Animal Control Officer shall keep a proper record of all licenses issued by him, together with a description of the dog or cat for which such license is issued (j) Special license tax. Whenever the State Department of Public Health makes its determination that a -rabies epidemic -exists in the City, a -the special dog license tax as premed -for established by Sections 121645 1912 through 121655 1911, inclusive, of the State Health and Safety Code, shall become effective immediately, in addition to the license tax fee provided for in subsection (c) of this Section. (k) Disposition of license fees All money collected as a result of the license fees taxes, imposed by this Section shall be paid to the City and all money collected pursuant to Page 17 of 21 the State special license tax shall be deposited in the rabies treatment and eradication fund 7-20 210 Licensing of animal establishments (a) License required, fee No person shall operate any pet shop, commercial kennel, pnvate kennel, pet grooming parlor, or animal shelter within the City without first obtaining a license from the City Manager. The annual license fee shall be such amount as set by resolution of the City Council (b) Application An application for a license to operate an animal establishment, as described in subsection (a) of this Section, shall be made in writing on a form approved by the City Manager, and shall be accompanied by an application fee in such amount as set by resolution of the City Council. The applicant shall furnish a list of the types of animals to be maintained, used or kept at the establishment, together with the approximate number of animals of each type. Not later than ten business days after receipt of the application by the City Manager, the premises for which the license is requested shall be examined by the City Manager or his or her designee No license shall be issued or renewed unless and until all applicable regulations set forth in this Article or elsewhere in this Code, are complied with. (c) Conditions of license The City Manager may establish conditions for issuance, continuation and renewal of animal establishment licenses, including, but not limited to. (1) The maximum number and species of animals to be kept or maintained on the premises. (2) The construction, sanitation and maintenance of facilities. (3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this Article. (d) Records. The licensee shall at all times keep and maintain a record of the names and addresses of persons from whom animals are received, and to whom the animals are sold, traded or given. Such records shall be made available to the City Manager upon request. (e) Regulations Every person who owns, operates or manages any animal establishment in the City for which a license is required under this Section shall comply with the following regulations (1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals (2) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition (3) All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feedings habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water Food and water shall be served in separate clean receptacles (4) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. (5) All reasonable precautions shall be taken to protect the public from the animals and animals from the public Page 18 of 21 (6) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors Heating and cooling shall be provided as required according to the physical needs of the animals (7) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein (8) All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation. (9) All animals shall be taken to a licensed vetennaran for examination and treatment if so ordered by the Iealth-Offieer Animal Control Officer. (10) No animal, except those animal(s) m a pasture provided with adequate feed and water, shall be without attention for more than twenty-four consecutive hours The name, address and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility or at the main gate of a pasture where animals are kept, unless the owner or attendant of the ammal(s) is immediately available on the premises (11) All sick, diseased or injured animals shall be isolated from healthy ammals at all times and shall be given proper medical treatment. The City Manager may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal if such animal is reasonably believed to be in need of such treatment (12) All animals shall be treated in a humane manner (13) The City Manager shall have the authonty to enter the animal facility when he or she has reason to believe that the provisions of the permit, this Article or applicable State law, are being violated The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit (14) Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the City Manager (f) Expiration of license Animal establishment licenses shall expire at the end of the calendar year or such other date as may be set by the City Manager (g) Renewal of license An animal establishment license may be renewed upon application to the City Manager, received pnor to the expiration date of the license, accompanied by such documents as the City Manager may require and a renewal fee in such amount as set by resolution of the City Council The City Manager shall have authonty to renew the license for a penod not exceeding one year if he or she determines that all of the findings set forth in subsections (c), (d) and (e) can still be made and the applicant has fully complied with all of the conditions of the license. The City Manager may, in his or her discretion, conduct an administrative hearing on the renewal application, in which event the same procedure shall be followed as in the case of an application for an original permit (h) Denial or revocation of license The City Manager may deny or revoke any license issued pursuant to this Article in the following situations. (1) Whenever determined by inspection that an animal establishment fails to meet any of the conditions of the permit, this Article, or applicable State law (2) Whenever there is reason to believe that the applicant or the license holder has wilfully willfully withheld or falsified any information required for the license (3) If the applicant or license holder has been convicted by a court of law of any violations in a twelve-month period of this Article, or State laws relating to animals Page 19 of 21 or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five years For the purposes of this Section, a bail forfeiture shall be deemed to be a conviction of the offense charged (i) Appeal from denial or revocation of license. (1) Prior to denial or revocation of a license, the City Manager shall notify the applicant in writing of the intent to deny or revoke the license, the reasons for such denial or revocation, and that the applicant may make a wntten request for a hearing to the City Manager within five days after receipt of such notice if the applicant wishes to challenge the demal or revocation (2) The City Manager shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five days before the date of the hearing. The heanng shall be conducted according to Section 7- 20.120= (j) No new license after denial or revocation. If license has been denied or revoked, the City Manager will not accept a new license application from the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant shows, and the City Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license revoked no longer exist. (k) Permit not transferable Permits issued pursuant to the provisions of this Section shall not be transferable (1) Inspections The City Manager shall have the authority to enter upon and inspect any area or premises of any animal establishment for the purpose of enforcing the provisions of this Section (m) Hearing on granting an animal establishment license for a private kennel. In addition to all the other requirements of this Section an application for a private kennel license shall be subject to a hearing before the City Manager The hearing shall be conducted according to the procedures in Section 7-20.120 with the following additional requirements (1) Written notice of the time and place of the hearing shall be mailed to the owners of all properties, which abut or adjoin the property proposed to be used as a pnvate kennel at least ten days pnor to the date set for the hearing (2) The bearing shall be conducted by the City Manager instead of the Hearing Officer and the decision of the City Manager shall be supported by the weight of the evidence and shall be final unless appealed to the City Council as provided in Article 2-05 of this Code (3) In reaching a decision to approve, conditionally approve, or deny the application, the City Manager shall take into account. a All of the provisions of this Section, b. All of the provisions of Section 15-11 020(h), regardless of the applicable zoning distract; and c The history of the property and the applicant in terms of keeping animals, including the code enforcement history [7-20 220 Horses No change to existing City Code.] Page 20 of 21 • 7-20 225 Animals and vehicles (a) No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry an animal in a motor vehicle on any public street or highway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle (b) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such manner as to subject the animal to extreme temperatures, which may adversely affect the health or wig ww&ll bein of the animal. [7-20 230 Beekeeping. No change to existing C:ty Code.] 7-20 240 Violations of Article; penalties Except where a violation of this Article is expressly declared to be a misdemeanor, any violation of the provisions of this Article shall constitute an infraction and a public nuisance, subject to the enforcement methods, remedies and penalties as set forth in Chapter 3 of this Code. 634839.4 • • Page 21 of 21 CITY OF SARATOGA ORDINANCE CERTIFICATE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF SARATOGA CERTIFIED COPY OF ORDINANCE ADOPTION I, Crystal Bothelio, City Clerk for the City of Saratoga in said County of Santa Clara, and State of California, do hereby certify that the attached is a true and correct copy of Ordinance No 323, adopted by the Saratoga City Council on November 19, 2014 by the following vote. AYES. Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny Cappello, Chuck Page, Jill Hunter NOES- None ABSTAIN None ABSENT. None Ordinance Summary I hereby further certify that a summary of the ordinance was published in accordance with Government Code Section 36933 on the following dates. November 14, 2014 and November 28, 2014 Said ordinance shall be effective December 19, 2014 ❑ Ordinance I hereby further certify that the full text of the ordinance was published Full Text in accordance with Government Code Section 36933 on . Said ordinance shall be effective oi) CrystalBothelio, City Clerk