HomeMy WebLinkAbout145ORDINANCE NO. 145
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADOPTING
BY REFERENCE PORTIONS OF ORDINANCE NO. NS -600.4 OF THE
COUNTY OF SANTA CLARA, BEING AN ORDINANCE TO REPEAL CHAPTER
3 (COMMENCING WITH SECTION 4.3.1-1), AND TO ADD CHAPTER 3
(COMMENCING WITH SECTION 4.3.1)TO TITLE 4 OF THE SANTA CLARA
COUNTY ORDINANCE CODE AND MAKING REGULATIONS RELATING TO
ANIMAL AND RABIES CONTROL
The City Council of the Town of Los Altos Hills does
hereby ordain as follows:
SECTION 1. Ordinance No. NS -600.4 of the County of
Santa Clara, except Section 4.3.4-1 thereof, is hereby
adopted by reference.
SECTION 2. Whenever the Director of Public Health
shall determine that a rabies epidemic exists in the Town
of Los Altos Hills or that the protection of the public
health so requires, or whenever the City Council of the
Town of Los Altos Hills so requires, then no person owning
or having control of any animal shall permit such animal
to stray or run at large upon any public street or other
public place or any unenclosed private lot or other unenclosed
private place in the Town of Los Altos Hills or upon any
private place or property without the consent of the owner
or person in control thereof.
SECTION 3. Each and every violation of this ordinance
shall be and constitute a public nuisance and be subject to
abatement as such.
SECTION 4. Each violation of any of the terms of this
ordinance shall constitute a misdemeanor, punishable by a
fine of not to exceed $500.00 or by imprisonment in the
County Jail for not to exceed six (6) months or by both
such fine and imprisonment.
SECTION 5. Ordinance No. 71 adopted by the City Council
"GOR1O S FAI9ANT -1-
tOe a 1... f.
9.� X900
of the Town of Los Altos Hills on June 5, 1961, is hereby
repealed.
SECTION 6. This ordinance shall be posted in three (3)
public places within the Town of Los Altos Hills and shall
become effective thirty (30) days following its adoption.
t
I HEREBY CERTIFY that the foregoing ordinance was intro-
duced at a regular meeting of the City Council of the Town of
Los Altos Hills on the 3rd day of September, 1968, and was
thereafter, at a regular meeting of said Council, held on
the 16th day of September, 1968, passed and adopted by the
following roll call vote:
AYES: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken.
NOES: None.
ABSENT: None.
ATTEST:
�
City ClerK
APPROVED,
Mayor
I GURIO 6 FAIBANT
-�
ORDINAN0.145400.4
An Ordinance to Itepe. Clmpler 1 (Commencing
With Sediun 4.3.1-1), and to Add Chapter 3
-Mmnnrrneing Willi Section 4.3.1) to 'Title 4 of the
Soma Clara ('nmdy tlnlioanre Code, Relating to Animal
mut liable, Control.
life Rum d of Supcm,ors of the County or Santa
Clnra, Male of California. do ordain as follows:
SIX I'ION 1:
Chapter :1 ((ammrncing with Section 4.3.1-1) of Title
4 of tle S:aaa Ckila County Ordinance Code is
t'epral(d.
SI'ICHON2:
Chapter 3 tcommencing wflh Section 4:9.1) is added
to Title 4 of the Santa Clara County Ordinance Code
10 feud:
CHAPTER — ANIMAL AND RABIES CONTROL
Article 1 — Definition %
The wordy and terms used in this chapter shall
have the meaning Indaated as follows unless the context
clearly indicates otherwise
(a) Animate shall include any mammal, poultry.
bird, reptile, or fish.
(b) Animal menagerie: shall mean any place where
wild animals are kept or maintained for any
commercial purpose, including places where wild
animals are boarded, trained, or kept for hire.
(W Cat: shall include all domsticaled felines.
(d) Dog: shall include all domesticated canines.
(e) Grooming parlor: shall mean any commercial
place where animals are trimmed, bathed, or
groomed.
(D health Officer: mcnne the County of Santa Clara
Director of Public liealth or any ether person duly
mtherized to act on his behalf.
(g) Kennel shall mean any building, structure,
enclosure or premises whereupon or within which
four (4) or more dogs or cats are kept for
any reason or purpose whatsoever. The term shall
not include dogs or cats under 120 days of age.
Of Livestock: shall include all domesticated bovine,
equine, caprine. ovine, avian and rodent species.
(i) Owner shall mean any person who owns an
animal, or who harbors or keeps an animal for
five or more consecutive days.
(j) Person: shall include any person, firm,
association, organization, partnership, business
toot cnrpnralian ne emnpany.
(k) Pet shop: shall mean an establishment operated
by any p(rson, firm, or corporation where any
live animals are kept for sale bartec or hire.
(1) Pound'. shall include all pinces where impounded
animals are to be confined whether by the County
or by mivnte person or persons under contract
i.r ne,,,ra,t midi life Cnnnly.
(m) Public Aquarium: shall mean any place where
fish in olher aquatic animals are kept or maintained
far pub lir ash i bit sale. or trode.
inn Ruhics Control Oporatm': shrill mean any person
duly appointed by the ]fruit], Officer and nuthfuLed
to all in his behalf in the enforcement of the
euimal nod rnhi,, cemral program-
(") V"inlr, fnimab .shall mean any animal which
shnw.s a propensity to attack, bite, scratch. or
horns people or other animals without
provocation.
(p) Wild animal: shall mean any wild, exotic,
dangerous of venomous animal including but not
limited to mammalsfowl, fish, or reptiles,
Arline 2 — Sirny mel Peal \nimals
4.3.21: Taking all Stray Animals
l -he Irahies Cnntrnl Operator shall take up and
impound all ,trnv dogs.
4.3.2-2: Itrrord of falro malld Animals
Ea,h Rabies Control Operator shall keep a record
of all nnlmals impunndcd by him which shall show
the lade of left nundai lo,fac tag number, if any,
life dale and manner of ifs disposal and if redeemed,
or sold. the name and address of the person by
whore redeemed or pur,loi the smounts of all
fees and office memos received or collected by him.
and Ihe. d'.spnsi tion thereof.
4.3'-3: Dicpocilan of Improofed Animals
When any animal is impounded, such factwill he
filed and retried in the mrri-& of the County health
D,pnrlment. The Rabic, Central Operator shall also
ifnnrdichiv notifv the owner of the impounded animal,
if known to hlnr The posted antic, =hull captain
a d,,,,,, ,If.... of the =aid animal impounded mal shall
,it froth the fact That ,airs, It is reclaimed before
Iho Umo sp,dfed ill ,,aid nolle,, which time 111,111
not be les, than three (3) days nor more than ten
flat days from the coolant thereof, the Rubles Control
(no onlor shall pool, d 1 11roceed to dispose or said animal:
ken
of the Hahoe Control Operator f whichtnbe r recision
nuof of
age or of sen se or other Inti rmi l v, acre unfit for further
um. or rhing,lon, to be loaf impmmded, shall he
drsiroyed hr him in a humane manner r non
therenftrr a, is ur,,rier 1, possible, and in case
of soil, of fraction of such antral the Rabies Control
Op. rrtor .hall not he required to give the aforesaid
not ire.
The p,,-- Corbel Operator shall se
ddose or any
join. al vlo,o I, im,e„led and unredeemed 'ohln
tee 'True ,re 19,d in the p0,1 noire and to the
a, of,I ,' lorlh do Section 0,12-1 and he,
4.1.2 1: rare of Anfmals
"I he Rmci, Control Ope^atnr Fhnll provide all
dflp'nnded unim-lis will, suitable and adequate food,
,,Ier noel dmllrt.
4.3.2-5: Free Inv Keeping
The Dlrerlor or Patibi health may fix, determine.
mniolain, and collect fans from the owners redeeming
impounded animals sufficient to defray the costs
i ]dent. Iberian
4.3.26: Report
l�rThe Rabies ol Operator shall make a true and
reflect repart to the Director on the fifth day of each
reenth of the animals of each kind impounded during
the p,c,our, month: of the numb,. redeemed and the
fees collected, and the number and method of disposal
of all animals not redeemed, together with such other
infmnrntton as may he required by the Director.
1.2.7: Dlspnsnl of Dead Animals
Upon learning that the body of a dead animal located
within the County Ins not been disposed of in a
safe and sanitary manner, or upon request of a person
in charge of such body, the Rabies Control Operator
shall dispose of the said body immediately.
4.3.2-0.1: Stale Properly
The H.ahics Control Operator shall not be, required
to remove and dispose of bodies of dead animals
on state highways o0 on state property.
4.3.2-0.2: Fees
The Director of Public Health may establish and
collect a fee sufficient to defray the costs incident
to removal and disposal of holies of animals. The
owner or person in charge of any dead animal shall
pay the said fee.
4.3.28: Vaccination of Dogs
Every owner of a dog over four months of age
in the County of Santa Clara shall cause such dog
to be vaccinated with a Rabies vaccine approved by
the State of California and administered by a duly
licensed veterinarian. Re -vaccination shall be made
after one year if the prior vaccination was with 'tissue
Phenolizeit Vaccine or after two years if the prior
vaccination was with Chick Embrya Vaccine.
4.3.29: Diseased or Vleious Animals
(a) No person owning or having charge of any
vicious animal shall permit such vicious animal
to be or remain upon any street or other public
place in the County.
(b) No person owning or having charge of any
animal that is infected with any disease
traasmtasable to man or that constitutes a public
health hazard shall knowingly permit such animal
to be or remain within the County other than
at an approved Veterinary Hospital. Otherwise the
Health Officer shall be empowered to seize and
destroy arch diseased animal.
(c) The Rabies Control Operator shall seize any
animal he reasonably believes to he diseased.
vicious or has bitten someone. He shall keep such
animal in a safe place long enough to observe,
examine, and determine whether it is diseased
or %felons so as to be a menace to public health
of safety.
(d) Diseased or vicious animals which are a menace
to pnbbe health or safety shall be destroyed.
4.3.210: Authority of Trollies Control Operator
Each Rabies Control Operator shall have and is
hereby vested with the authority of a peace officer.
Bach Rabies Control Operator may. in the performance
or hi,, duties, enter upon any property to ascertain
if any of the provisions of this Chapter or any State
laws relating to disease, care, treatment, impounding,
or cruelly to animals are being violated. Each Rabies
Control Operator may make arrests for the violation
of Ili, proNsions of this Chapter Or any State Ian's
in the manner prescribed by Section 1.4-2 of this
('ode. The authority to make arrests in the manner
pre.srribed by Section 1.4-2 shall be alternative to
any other authority provided by law.
4.3.2-11: Exhibit of Dog on Demand
Upon demand by a Rabies Control Operator, any
person owning or controlling any dog, or in possession
of the premises on which a dog is located. shall
exhihil such a dog and its license.
Article 3 — Dog Licenses
4.3.3-1: License Tax
A ring license tax of $3.00 per annum shall be
prod for each dog within the County, except that
the tax for a license purchased more than sixty (60)
days after any notice to the owner to obtain a license
shall he $5.00. The owner of any dog not exempt
from the tax shall be personally liable for the said
tax.
4.3.32: Exemptions from License Tax
The following are exempt from the requirement for
license'.
(r) Dort, Inas then 120 days old.
(b) Dogs vaccinated and licensed In other jurisdictions
fm-%alid period of license.
(c) Dogs owned by a non-resident of the County
traveling through or temporarily sojourning therein
for not more than thirty (30) days.
(d) Dogs temporarily brought into the County for
entry into an event, show, or exhibition scheduled
not more than is days thereafter.
(e) Does an sale in duly licensed pet shop ar dog
kennel where they are kept enclosed at all limes.
(D Does honorably discharged or released from the
services of lire Armed Force., of the United States.
dogs priminally used for the purpose of leading
law enforcement agencies. Licenses and tags shill
be issued for such dogs upon request witheut
rhorgr.
4.1.3-3: Ideen,e Period
Dng lieen,es shall expire on the first day of the
to,10h month after purchase. Dog levees shall be
renowcd upon expiration. and the license perind for
dogs Itecnsrd for the first time many commence at
an, to., %ri a the pr or.
Wice a license is renewed after the expiration dale.
the now license period shall begin on the expiration
date of the previous period.
4.3.34: Vaccination as Condition to Issue of License
Prior to lire issuance of any license, it shall be
necessary that the dog urenxd shall be vaccinated
with nnli.rahiof ve cii a-. MMddwl In ge,an— 4 11
which fsrrf'cllve On,, enough to provide
protection against shies he license period.
4.3.3-5: License Issue
Upon payment of lire license fee and the presentation
of a certificate of vnrcinolion by a duly lieen,ed
Dovlor of it" I"Inary Ab divine. fire Dusoa,tor of Public
Honhh shall Issue a lccntt• slating Tile name and
resirirneu if it,, person to ei unn the bcenae is koacd,
The acoail paid, the date nl Cssnar(c and expiration
Iherruf, for dole of expfr:ulou of the ,ar.uahun,
and a de...iplion of the dog for which such hcunne
is Issued, logoebcr with the number of the metallic
Ing arias" eying the ,some.
4.3.3-6a 510.11 gs
With cr,h Ane license One Ulrcetor of Public Ileulth
shall issar o metal tag bearing an identifying number
and Ont w ,6, and letter, "S. C. Cn- DOG LICENSE.'
kloeh dog f,hall werethe metol tag issued for it
at all limes.
4.3.3-7: Itrcnrd of t.trrnsrs
Inc Int"ho of Public Health shall keep o ennui
of all licenses I by him together with a dcacrigtfoa
of the dog for which such lic'e'e u Is surd.
4.3.3-8: Keeping Pull ..... it Dogs
No fiction shell have, harho' or keep any unlicensed
dog in the County, or permit or allow any unlicensed
dog to remain on any premises under his control
or in his pns,essinn contrary to the provisions of
this article.
4.3.3-9: Special Rables License Tax
Whenever the State Department of Public Health
determines that a rabies epidemic exists in the County,
a .special additional dog license tax as provided fn
Suctions 1912, 1914 and 1913 of the California Health
and Safety Code shall he imposed as provided herein.
Artie lot 4 — General Rcgulatimts
4.3.4-1: Stray Animals
No person Awning or having control of any animal
shall permit such animal to stray or run at hire, -
,I ... at
argeupon nap public .street or other puhlic place, or any
nnencesed private Int. or other unenclosed private place
in the County of Soule Clara, or open ary plical( -c
phare or properly without the consent of the owner
or Person in cont rel thereof.
4.3.4-2: Telling ill) Stray Animals
Any peeson wino finds any animal which hits ;grayed
or is running at barge upon his own prvrprrty m'
any other place contrary to the proviso,, of this
Chapter map' take pos-.easfon of and hold the _cum;
p.ovlAed, ht...... (list he shall be allocated to col dy
the Rabms Control O,,,,atar or the Shenl[ of the
fact that hr has such animal in ?its poss...ran within
six aft hours after severing possession thereof, and
give such R shies Control Operator or Sheriff full
Informalion in regard to the same. and surrender
the same to the babies Control Operator upon
(1, n and
4.3A 3: RrAengailnaa of Imlrou doll Animals
Thr owner or Is, sea entitled to the custody of any
animal taken e' tn...eundrd may al any time 1),
fav the dlspo.ill Nrren[ by the Rabtcs control Opmmlor
relrem such nnlnanl by pnpmg In sunt, Rahres Control
Coolant Ihr fres. 'lunges. and in the ens' of dogs.
the Itrensc tax persecuted by this Chapter accruing
up le the time el ,urh redrmplion.
4.3.4-4: Duly to Rennet Do,,, [These
It is hereby made the duty of any person having
kne,dedgeIlunl ally dog hes Intlen any human filingwithin the lind(s of file County to immediately report
Glial fart to the Rabies Control Operator Director
of Puhlic lhalth, or to the Sheriff wli, full information
in acgard la the incident.
4.3.4 is Disposal of Dead Aninmla
When any dog or other an.coal Ar fowl owned by
or in the custody or control of any person dies in
the County. ,it pmson shall, within twenty four (24)
hull.., panride for lite hunt. in'ino.aeion. or other
disposition of the body of such dead animal or fowl
In a safe and sanitary manner, or said fiction may
request the Rabic Control Operator to dispose of
said animal to foal, and it such event shall pay
a fee for such tlisposal ns fixed by the 11hoeter
cif Public Health,
4.3.4-6: tCild, Exotic (or Non-domestic Animals in
Caplraily
No person shall hate. keep, maintain. =ell. Irzde
or let for hire sny wild- exotic dangerops. or lino-
domestic animals illiont fir,t applying In and re'erclng
.....al mdhormatior from the HealOa Officer. The
kerning or maintrnnnce of such animals shall also
conbr.m to the ap,l,rinte z rinc codes.
The Ileanh Officer may authorize the keeping I
mnil,bricalf of tiny wild. rsnl.lc, dangerous or are,
-
a+rnr lig i ml uhr, un his opinion, any such animal
- a.--,i:l lir ,. intnlneA scilmot earl angering the
ml. i. •"Io' Iit, e, Pro Purls: Provider, hoarser.
tote in, Ullh Ofllvor mop require any such aoinoal
to lir properly c:agrd. tethered. or restrained. and
Thor ho n v make such erld,lim al raqutremects that
may he uoee<,,e, :mel Vesper under the rholo..fanr 1,.
Ihr mar rcake , ¢h aplhrtr inlimn I%h o- in its opinion.
(he soht, of a,, Pre,on to Property Is endangered
by the keeping of ,is such .....coal.
(a) Evcodionc. The prmlsues of this Section shall
not be appeienhle to linonsrd riroeses, carnivals.
zoo,
cr other collect tons of will amerols under
hirl,rution of a rlly, county, .stale, or federal
gevrnmmlit.
1.117: Ant moloo lith ll"Haus Disrn.r Onisia-n the
I nuntJ adlo <r o.w 11.l, a miord t IAL an
m h...r III. n. „, 1
,IIo sols animal, I nnr arca
ms .r u
ml Ilutjl tvni(m,jo al tit,- from ,tilt a a rte to
pereat disease , of rhe is frog, so may se, to
to
pcnul or fin ea n( :mina cls fine .itch aby ton( onimals fiAul such areas to the
lth
mridie it Sank a Clara and =s a........i(oatried et a Veterinarian, rcrl.ificotn signed try a duly .pproyod Velminnriate
rrrril•InR lint Lbe nnimaia for which aueN 4wrUficelG
is issued are t�.,�i,fected or exposed to an infectious
disease. Any Wal entering Lire County of Santa
Clara from any area so described and designated
without such a cm'tiricale may be quarantined,
conOscated, or disposed of by the Health Officer in
such a caner as to eliminate any danger of persons
or animals within the County of Santa Clara Tram
beillg exposed to Ottertail, from .such tits.....
4.3.4-8: Mentioned Animals
It is unlawful to aboldon any animal in the County
Of Sauna Clara.
Al Ticks 5 — Licensing of Animal Ealah1h l meats
4.3.5-1: License Fee
No person shall within the County of Santa Clara
eondocl or operate any kennel, pet shop, pe[ grooming
parlor, public aquarium, or anfucn] mcungerie without
first obtaining a license from the Coanty Health Officer.
The annual license fee .shall be 710.00, except that
the fee for any such license issued after the .91st
day of Augo,t of any year shall be 55,00 le, the
halms", of he ca icons, real.
4.15-2: Ap,1w.11on for Liccuse
Ani application for a license ha operate it kennel,
poblic oquarluo, Pct shop, Pei "oriental pallor. ar
noulal nmuegs'Ie shall be made in uniting to the
Health Officer. Not later than ten (10) days after
receipt of We application by the Health Officer, the
Plane of housing for u -inch said license is rvquesled
will he examined by the Health Oftccr. No license
shall be issued or reconvert unless and until all general
regulations relating W animals as set forth in this
ordinance are complied with.
4.3.5-3: Ccueral Itegnlatimas Refining to Animals
flvery person within the County of Santa Clara who
owns, conducts, manages, or operates any animal
eslahlishment for which a license is required by this
mclumme shall comply with each of the fallowing
conditions:
(a) Housing fact Itt res for animals shall be .sl run lural ly
,cued and shall be maintained in good repair
to protect animals from injury and restrict entrance
of other an rmil.s.
(b) All animals and all animal buildings lir cc,loem..
shall be maintained in a clean and sanitary
cendittun.
(e) All animals shall he supplied with .sufficient gond
and -illi r,onm food and wane, ac often ns the
fr(oni l habits of the respective animals require.
(d) Animal Nothing., and enclosures shall be so
I,00 bud malutalmd a, to percent the escape
of schools.
Ol All reasonable precautions ahall he taken to
protect the public from the animals and animals
TI'on. the puhlic.
(D Every building or mnclosare wherein animals
:ore nuainlainetl .shall be properlp ventilated to
percent drops and to remove odm's. Nesting and
cooling Atoll be provided as required according
to the physical needs or the onimals.
(g) All animal roams, cages, and rano. .lint] he
of sufforcut size to provide adequate and partner
housing far onimals kept thou -6c,
(10 All animal nine shall be of on, rvc and p,v,Id,d
with adequate drainage into no approved sewer
or individual sewer disposal installation.
TO All animals shall he taken to a licensed
artelunarlon for examination and treatment if so
ordered by the )lealth Office.'.
(j) Every violation of applicable regulation shall
he corrected within a reasonable time to be
spcuified by the Health Officer.
Failure of the applicant for said license to comply
with any one of the foregoing conditions shall be
droned just cause for the denial of any license, whether
original ,I renewal.
4.3.5-5: Reoenal of License
Any license issued under this Article ,shall expire
at the end of the calendar year in which the license
is isancd.
4.1.5-5: Rrnawal of License
The procedure for the renewal of any license shall
he subject to the same conditions and shall be done
fn the .same manner as the issuance of an original
he'll v.
4.3.5-6: Inspection
The Health Officer shall have euthoifty to enter
upon any area or premises in which an animal
establishment is located for the purpose of the on
foremost of this Article.
4.3.5-7: Revocation of License
'The Ileulth Officer may revoke any license issued
mrrsunnt to this Article lipue%er be shall determine
Lion an inspection that any animal eslahlusinuent fails
to Inlet all the conditions contained in Section 4.1.5.9.
Any ..vacation lir a license shall he effective until
ill eoodition, of Section 4.3.5' have barn meland
implied with to the satisfaction of the health Officer
and w,ittun entice of tds fact has been given to
lire lucnsee. Upon receipt of such police lire lieensc
,ball be deemed in full force and effect far lire
r.3.5 8: Lal the No( not term for which i,csaed.
4.1.58: License No( pursuant
to t
Liceemas Issued pursuant to this Artiole shall not
be
PAASSESSE nblc.
D AND ADOPTED by the Heard of Supervisors
t,orhis
Lhe Cmmry , Sinal ilef Clara. Stale of California
this .Ione 24, acryl om the fSpan le rife:
AYES, Supervlanrs -- Spangler. M1iehrkrne. Sanchez
rny!aril. i':1 Net'. isets NOLC.
A IiSf1N'' Super,rgso -6rlts kingdorr
H. IT. nil<IIRKF.NS.
Chairman, Horz*d of Signor......
Court. of Noma Clara
State of California
ATTEST: JEAN PULLAN,
Clerk of the Roard of Supervisors
(July 1 L 700)