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0RDINAN CE_ NO . 71
AN ORDIN.NCE OF THE TOWN '" L,33 ALTOS BILLS
£ERTAINING TO !2'.DI'S AFM C -_TINE C: TTI-I,L.
PRESCRIBING FEN.",LT_ES F"R VIOLATION TNfiREOF,
AND REIE;;LING ORDIN:NCE K. 55 AND ORDINANCES
AND rARTS OF 02DINANCES IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE TOWN OF LCS '.,TOS HILLS
DOES ORD.IIN ..5 FOLLOWS:
SECTION I. APIOINTMENT OF OFFICERS. Each Rabies Con-
trol Operator appointed by the Director of Fublic Health, County
of Santa Clara, State of California, pursuant to Section 3.126-12
of Title 3 of the Santa Clara County Ordinance Code is hereby de-
signated and empowered by the Town of Los '..ltos Hills with the
sane authority and power in the Town of Los :altos Hills as is
vested in said Rabies Control Cperator within the County of Santa
Clara by the ordinances of the County of Santa Clara. The tern
"Director of Fublic Health" shall mean Director of Fublic Health
of Santa Clara County.
SECTION II. TAKING UI STR..Y NIM.'.,5. The Rabies Con-
trol Operator shall take up and irpcund all stray annals running
at large as hereinafter provided, and all unlicensed dogs.
SECTION III. RECORD OF IMFOTTNDED -NIMALS. Each Rabies
Cortrol 'rerator shall keep a record of all animals impounded
by hie which shall show the date of irpoundnent, license tag num-
ber, if any, the date and r -inner of its disposal, and if redeemed,
or sold, the name and address of the person by whom redeemed or
purchased, the amounts of all fees and other monies received or
collected by hip_, and the disposition thereof.
SECTION IV. DISICSITIC-N JF II`ECUNDED .NIIIULS. When any
animal is impounded, the Rabies Control Operator shall post a
notice in a conspcicuous place at th:, entrance of the County Health
Department. The Rabies Control Operator shall also imnediatoly
notify the owner of the impounded ani-:als, if known to him. The
posted notice shall contain a description of the said aninal im-
pounded and shall set forth the fact that unless it is reclained
before the tine specified in said notice, which tine shall not be
less than three (3) days nor more than ten (10) days fror. the
posting thereof, the Rabies Control Operator shall proceed to dis-
pose of said aninal; provided, that all animals so taken into the
custody of the rabies Control Cperatar which, by reason of age or
disease or other infirmity, are unfit for further use, or dangerous
to be kert impounded, shall be destroyed by him in a humane manner
as soon thereafter as is conveniently possible, and in case of such
destruction of such animal, the Rabies Control Operator shall not
be required to give the aforesaid notice.
The Rabies Control Orerator shall dispose of any animal
which is impounded and unrodeered within the time specified in the
posted notice and in the manner set forth in Section 6.1.2-3 of
the Santa Clara County Ordinance Code and herein.
#✓ �.o -2-
SECTIC:N V. C_'2ECF_NJP Lil',, The Rabies Control Operator
s:^all provide all inpound.ed ^,nir.als with suitable and adequate
£e. �t, water and shelter.
SECTION VI. _F17S_H,_ I{EEI�ING. The Director of public
1.2 'th ray fix, dotornino, raintain, and collect fees from the own -
es redeeming impounded ani*pals sufficient to defray the costs in-
cident thereto.
SECTION VII. _F:,`012TS. The Rabies Control Operator shall
make a true and correct rorort to the Director on the firth day of
each ronth of the animals of each kind impounded by M7.. during the
pre�'.•.r';s month; of the nur_ber redeemed and the fees collected, and
the nip-ber and method of disposal of all animals not redeellcd, to-
gethe,, with such other informo.tion as may be required by the
Director.
SECTION VIII. DIS CS..L CF DEAD .JTIF:'LS. Upon learning
that the body of a dead animal located within the Town has not been
disposed of in a safe and senitary manner, or upon request of a
person in charge of such belly, the Rabies Control Oncrater shall
dispose of the said body irr,ediately.
SECTION IX. '391 T7 7-t,T73TY. The Rabies Control Operator
shall not be required to rerove and dispose of bodies of dead animal:
on State highways or on State property.
SECTICN X. FEES. The Director of public Health r,.ay es-
tablish and collect a fee sufficient to defray the costs incident
to renoval and disposal of bodies of anir..als. The owner or person
in charge of any dead animal shall pay the said fee.
SECTION XI. V7CCIY TICN JP DOGS. Each dog shall be vac-
cinated with an anti -rabies vnceine ^.p_rroved by the United States
Departnent of :.gricultural Research and add;,inistcrcd. by a duly
licensed doctor of veterinary r.edicine.
SECTION XII. DIS'9.SED OR VICIOUS :.IIIP7'S,S. The Rabics
Control Cperator shall seize any animal he resaonably believes to
be diseased, vicious or has bitten sor:eonc. Ho shall keep such
animal in a safe place long enough to observe, examine, and deternin.
whether it is diseased or vicious so as to be a menace to rublic
health or safety.
SECTION XIII. DEST3UCTION JF DISE..SED OR VICIOUS .NI$L.LS.
Diseased or vicious anirals which are a nonace to public health or
safety shall be destroyed.
SUCTION XIV. _'.UTHCRITY GF [2 -BITS CONTRA �L 01_.'_71:_TOR. - ..ck, U,
Lies Control :perat_'r shall have en;. is hereby vested with the authority
of a peace officer. Each R^.bies Control Operator may, in the per-
fornanco of his duties, enter upon any prororty to ascertain if any
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of the above provisions of this �rdi::ance or any Str.te laws relating
to disease, care, treatrcnt, irround.in,,, or cruelty to ininals are
b=inr; violated. Each labies Contril Oporator i:ny rake arrests for
,.Ic -lclation of the provisions of this Ordinance or any State laws
i_c ,:ie canner prescribed by Section 1.4-2 of the Santa Clara County
Crainance Code. The authority to make arrests in the manner pre-
scribed by Section 1.4-2 shall be alternative to any other authority
provided by law.
SECTION XV. EX`?IBIT OF DOG ON DEMi.ND. Upon demand by a
Rab:i,io control Operator, any person awning or controlling any dog,
or i;:. possession of the premises on which a dog is located, shall
exhicit such a dog anal its license.
SECTION XVI. CWNER, DEFINITION. :a used herein, the ter-
'Owner' shall roan lawful owner of a dog or any person harboring or
keeping .a dog for ten or more consecutive days.
SECTION XVII. LICENSE Ti.X. .. dog license tax of '$2.00
per annun shall be paid for each dog within the Town, except that
the tax for a license purchased more than sixty (60) days after any
notice to the owner to obtain a license shall be '4.00. The owner
of any dog not exempt from the tax shall be personally liable for
the said tax.
SECTION XVIII. EXEMM ONS FRAM LICENSE T' -K. The following
are exempt fro.n.. the requirement for license:
(A) Dogs less than one hundred twenty (120) days old.
(D) Dogs owned by a non-resident of the Town traveling
through or temporarily sojourning therein for not pore than fifteen
(15) days.
(C) Dogs terporarily brought into the Town for entry into
an event, show, or exhibition scheduled not more than fifteen (15)
days thereafter.
(D) Dogs on sc.le in a duly licensed pet shop or dog kennel
where they are kept enclosed at all times.
(E) Dogs honorable discharged or released from the service
of the :.reed forces of the United Stotes and dogs principally used
for the purpose of leading persons with defective eyesight, except
that 15aemses and. tags shall be issued for such dogs upon request
without charge.
SECTION XIX. LICENSSE ERI^D. Dog licenses shall expire
on the first day of the twelfth month after purchase. Dog licenses
shall be renewed upon expiration, and the license period for dogs
licensed for the first time may comrence at any ti -c during the year.
When a license is renewed after the expiration date, the
new license period shall begin on the expiration date of the previous
period.
440 V -4- %0 J
SECTION XX. IEN.LTY FCR L -_T7, 27F711'1I, OF LICE'.TSES. The
tax for dog licenses rurch^.sed rare than sixty (60) days after the
p_•evious license period has expired shall be "34.00.
SECTION XXI. V.COIN .MON -S C^NDITIOPS TO ISSUE OF LICENSES.
lrior to the issuance of any license, it shall be necessary that the
deg licensed shall be vaccinated with antirabies vaccine approved by
the United States Department of :_gricultural Research effective and
recent enough to provide protection against rabies for the licensed
period.
SECTION XXII. LICENSE ISSUE. Upon payment of the license
fee and the presentation of a certificate of vaccination by a duly
licensed Doctor of Veterinary Medicine, the Director of public Health
shall issue a. license stating the nar:e 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,
and a description of the dog for which such license is issued, to-
gether with the number of the retallic tag accompanying the same.
SECTION XXTII. METAL TAGS. With each dog license the
Director of public Health shall issue a rietal tag bearing an identi-
fying nurber and the words and letters 'S. C. Co. Dog License'. Each
dog shall wear the notal tag issued it when not indoors, penned, or
enclosed.
SECTION XXIV. R7CO2D OF LICENSES. The Director of lublic
Health shall keep a record of all licenses issued by him together
with a description of the dog for which such license is issued.
SECTION XXV. EEE'IS?G UNLICENSED DOGS. No person shall
have, harbor, or keep any unlicensed dog in the Town or perrit or
allow any unlicensed dog to regain on any Premises under his control
or in his possession contrary to the provisions of this Orc.inance.
SECTION =I. SIPCL'.L 2'.=M LICENSE T..X. Whenever the
State nepnrtrent of public Health determines that a rabies epidemic
exists in S.a.nta Clara County, a special additional dog license tax
as provided in Sections 1912, 1913, and 1914 of the California Health
ana. Safety Code shall be imposed as pr3vided therein.
SECTION XXVII. STR'.Y LNIMALS. Whenever the Director of
lublic Health shall detormine that a r^bies enidemic exists in the
Town. of Los :.ltos Hills or that the protection of the public health
so r -quires, or whenever the City Council of the Town of Los :.ltos
Hills so requires, then no rcrson in the Town of Los :.ltos Hills
owning or having control or custody of any licensed or unlicensed dog
or any other ani=.a1 shall cause, por7it ar allow the s^. -o to be at
large or to stray or wonder into any school yard, school building,
public playground, or upon any lublic highway ^r street, or upon any
private place or property without the c)nsent nf the owner or norson
-5 -
in control thereof.
SECTION XXVIII . T .Kh�.TG U_ ST -'.',Y ANIM_.LS. Any person who
i'_nde any aninal which has strayed. :r is running at large uron his
c,.m rr operty or any other place c�ntrary to the provisions of this
(ordinance nay take rossessicn :of and hAd the sgr_e; provided, ho, ever
that he shall be obligated to nDtify the Rabies Control Operator or
the Sheriff of the fact that he has such aninal in his possession
within six (6) hours e.ftcr securing possession thereof, and give
such 3abies Control !'rerator or Sheriff full inf = aticn in rogerd
to the sore, and surrender the sane to the 3abies C=trol Operator
uron denand.
SECTI.^.N XXIX. UPEM'TICN_F IMI7MMEP SNIM=LS. The owner
or person entitled to the custor'.y of any aninal taken up or inpoundor,
rIay at any tine before the dis-osel thereof by the Rabies Control
C'peretor redeen such aninal by raying to such 3abies Control Operator
the fees, chases, and in the case of d.,gs, the license tax prescribe
by this Chapter accruing, ul tz the tine of such redonption.
SECTION XXX. -)UTY T �,''dT DOG BITES. It is hereby rade
the duty of any person having kn;wled.^e that any dog has bitten any
hunan being within the lirits of the County t: imodiately report
that fact to the Rabies Control Crcr.^.tor, Director of 1ublic Health,
or to the Sheriff with full inf,,r^.^.tion in reg^.rd to the incident.
SECTION XXXI. DIS'�)S�.L ''E..D :.NIM -LS. When any dog or
other aninal or fowl owned by ar in the custody or c=trcl of any
person dies in the County, such rers m shall, within twenty-f^ur (24)
hours, provide for the burial, incineration, or other disposition of
the body Df such dear'. ani, a1. or f^wl in a safe and sanitary nanner,
or said rerson nay request the liabios Control Cperqtor to dispose of
said aninal ::or fowl, and in such event shall ray a fee for such dis-
posal as fixed by the-Arector ;f Iublic Health.
SECTION XXXII. B'2,KING NUIS:.NCES. It shall be unlawful
for any person to pernit any aninal unreasonably to disturb the quiet
of the neighborhood or the enj,yr-ent of neii;hbcrhood property by
persistent, habitual ani' frequent or c,:ntinuous barking, yelping,
howling, or in any other canner.
SECTION XXXIII. LI`:HILITY JF T'11
'M. No provision of this
Ordinance shall be construed as inposing uron the Town of Los =.ltos
Hills, its officials, errloyees, or agents any liability for danages
or injuries arising out e.f the rerforr-.oncc :;f any uties i -:posed. by
this Ordinance.
SECTIC`N XXXIV. IEN-STIES. Violation of this .ordinance
shall constitute a risdencanor and shall be punishable by a fine nA
exceeding Three Hundrod nollnrs (7300.00) or iairiscnnent not exceed-
ing thirty (30) days in such foil f^cilitios as ray then be in use by
the Town of Los _ltos Hills. -ach day such violation is comAtted,
or per.,itted to c?ntinue, shall c;,nstitute e. separate offense and
.1-11 Se punishable as such hereunCer. Violation of any provision
o£ tk_is Ordinance shall constitute a public nuisance and may be en-
joined as such in addition to any other remedy herein provided.
SECTION XXXV. SE1:.RSBILITY. If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall net affect the validity
of the remaining portions of the Ordinance. The City Council of the
Town of Los ,ltos Hills, State of California, 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 other sections, subsections, clauses or phrases be
declared invali(I. or unconstitutional.
SECTION XXXVI. REI'E:SS. Ordinance N�. 55 and all other
ordinances or -arts thereof in c,)nflict herewith arc hereby repealed.
SLCTION XnVII. EFFECTIV3 DD,TE. This Ordinance shall be
posted in three (3) public places in the Town of Los :altos Hills and
shall becore effective thirty (30) days after its adoption.
p_SSED :ND :DOITED by the City Council of the Town of Los
=.ltos Hills this 5t day of June , 1961, by the following vote:
,1YES: Councilnen :.iken, C1^.yton, Sherlock, Mayor Fowle
NOES: None
.,BSFNT: Councilman Henley
.,�'.BOVED:
LTTEST:
6-1%-61
mayor