HomeMy WebLinkAbout288ORDINANCE NU. 288
AN ORDINANCE OF THE CITY OF
THE TONN OF LOS ALTOS HILLS
AVENDIT4G ARTICLE I, ENTITLED "ANIMAL AND RABIES CONTROL"
OF CHAPTER I OF TITLE 6 OF THE
LOS ALTOS HILLS
MUNICIPAL CODE
The City Council of the City of the Town of Los Altos Hills,
County of Santa Clara, State of California, DOES ORDAIN as follows:
SECTION 1. AMEM."AENT OF CODE.
Section 6-1.102(1) hereby is added to Article 1 of Chapter I
of Title 6 of the Los Altos Hills Municipal Code to
read as follows:
Section 6-1.102(1). AMENDMENT OF SECTION R4-1; DEFINITIONS.
Section B4-1 of the Animal and Rabies Control
Ordinance hereby is amended by amending Subsection (f)
to read as follows:
Section B4-1. DEFINITIONS.
(f) DANGEROUS ANIMAL: An animal which because
of its size, disposition or other characteristics would
constitute a danger to persons. The term dangerous
includes a potential dangerous animal which because of
immaturity or other factors will become dangerous.
SECTION 2. AMENDMENT OF CODE.
Section 6-1.103(1) hereby is added to Article 1 of Chapter I of
Title 6 of the Los Altos Hills .Municipal Code to read as follows:
Section 6-1.103(1). AMENDMENT OF SECTION 134-4;
CONDITIONS RELATED ONLY TO SEIZURES OF
DOGS RUNNING AT LARGE.
Section 134-4 of the Animal and Rabies Control Ordinance
hereby is amended to read as follows:
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Section B4-4. COVDITIOV RELATED ONLY TO SEIZURES
OF DOGS RUNNING AT LARGE.
An animal control officer shall not seize or impound
a dog for running at large in violation of Section B4-37
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 right of possession.
A dog that has strayed 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 orimpounded
merely for violation of Section B4-37, 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 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
utimate 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.
This section shall not otherwise affect the
authority of an animal control officer to seize or impound
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a dog or issue citations as a result of the violation of
sections of this Division 84 other than Section B4-37.
SECTION 3. AMENDMENT OF CGDE.
Section 6-1.103(2) hereby is added to Article I of Chapter I
of Title 6 of the Los Altos Hills Municipal Code to read as follows:
Section 6-1.103(2). ANIEM-YAAENT OF SECTION 134-5; ANINIAL BITES;
QUARANTINE, VIOLATIQN AND EXA%1INATIONS.
Section B4-5 of the Animal and Rabies Control Ordinance
hereby is amended to read as follows:
Section 134-5. AN MAL BITES; QUARANTINE, VIOLATION AND
EXAMINATIONS.
(a) Any person having knowledge that any animal
is known to have or is suspected of having bitten any
person shall lamediately report that fact to the animal
control division 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 (14) 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.
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(d) The administrator may charge a fee, as set
forth in a resolution of the City Council, for the
costs of quarantining animals and inspections for
quarantine of animals. Any fee charged shall be paid
by the owner or person who has legal custody of the
animal. Such a fee shall be in addition to the actual
costs of the health officer in housing, feeding and other-
wise 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.
SECTION 4. AMENMIENT OF CODE.
Section 6-1.105(1) hereby is added to Article 1 of Chapter 1
of Title 6 of the Los Altos Hills Municipal Code to read as follows:
Section 6-1.105(l). AMEM]MENT OF SECTION' B4-28;
SU�VARY SEIZURE AND POST -SEIZURE HEARING.
Section 134-28 of the Animal and Rabies Control Ordinance
hereby is amended to read as follows:
Section B4-28. SUA% ARY SEIZURE AND POST -SEIZURE HEARING.
(a) Except as provided in Section B4-4, an animal
control officer may seize and impound an animal for
violation of any provision of this division or state law
prior to a hearing in any of the following situations
where the owner is not present and where the 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; and
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(3) To protect an animal from injury which
has strayed onto public property or public
right-of-v.ay.
(b) Even :hen the person owning or having charge of
an animal is present an animal control officer may
seize or impound any such animal lie reasonably believes
to be infected with disease transmitted to man or to be
vicious so as to be a menace to public health or safety.
Such seizure or impoundment may bemade 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
or safety.
(c) If the owner or person who has the right to
control the animal wishes to challenge the impoundment,
he shall personally deliver or mail a written request
for a hearing such that it is received by the administrator
within seventy-two hours of the seizure and impound-
ment.
(d) The administrator shall promptly set the time
and place for the hearing before him and shall cause
notice of such hearing to be deposited in the mail to
the party requesting a hearing at least five (5) days
before the date of the hearing.
(e) The hearing shall be conducted as set forth
in Section 134-30.
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SECTION 5. AMENDMENT OF CODE.
Section 6-1.113(1) hereby is added to Article 1 of Chapter 1
of Title 6 of the Los Altos Hills Municipal Code to read as follows:
Section 6-1.113(1). A%IEN93MENT OF SECTION B4-130:
SALE OF CATS OR DOGS.
Section B4-130 of the Animal and Rabies Control Ordinance
hereby is amended to read as follows:
SECTION B4-130. SALE OF CATS OR DOGS.
No person or establishment other than a licensed
or county operated animal shelter shall sell, exchange,
or barter any cat or dog under eight (8) weeks of age.
Proof of age of the dog or cat may be required by the
administrator. Proof of age may include, but not be
limited to, a certification by a licensed veterinarian
attesting to the animal's age.
SECTION 6. EFFECTIVE DATE. POSTING.
This Ordinance shall be in full force and effect thirty (30)
days after its passage, and shall be posted within the City of the
Town of Los Altos Hills in three (3) public places.
INTRODUCED at a regular meeting of the City Council held this
4thday of April, 1984, and, thereafter, PASSED AND ADOPTED at a regular
meeting of the City Council held this 18th day of April 1984, by the
following roll call vote:
AYES: Councilmembers: Allison, Drcnkert, FUhn , vanTamalen
NOES: Councilmembers: None
ABSENT: Councilmembers: Rydell
BY _—_---_—
______
OR
AT ST:
-- — CI CLERK