CC Ordinance 2179ORDINANCE NO. 2v9
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DELETING CHAPTER 5.12 -ANIMAL ESTABLISHMENTS, AND
AMENDING SECTION 6.10.015 -NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES
_, DEFINITIONS -AND TITLE 7 -ANIMALS - OF THE CAMPBELL MUNICIPAL CODE
The City Couhcil of the City of Campbell does ordain as follows:
SECTION ONE: Section 6.10.015 of the Campbell Municipal Code is amended to read as set forth
in Exhibit A to this Ordinance, by adding the officials and ahimal control officers of the Silicon Valley
Animal Control Authority to the definition of "enforcement officer."
SECTION TWO: Chapter 5.12 of the Campbell Municipal Code is hereby deleted.
SECTION THREE: Title 7 of the Campbell Municipal Code is hereby amended to read as set forth in
Exhibit B of this Ordinance.
SECTION FOUR: This Ordinance shall become effective thirty (30) days following its passage and
adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa
Clara.
Passed and adopted this zna day of June 2014, by the following roll call vote of the City
Council of the City of Campbell:
AYES: COUNCILMEMBERS: saker, Low, xotowski, Cristina, Waterman
NOES: COUNCILMEMBERS: None
ABSENT/ABSTAINING: COUNCILMEMBERS: None
APPROVED:
l/"
Richar M. Waterman, Mayor
ATTEST:
~ c ~ (,(,(,.._
L
Anne Bybee, City Clerk
Exhibit A -Amended Section 6.10.015 of the Campbell Municipal Code
6.10.015 -Definitions
As used in this chapter; the following terms shall have the following meanings, unless
the context clearly indicates a different intent:
"Building official" means any person authorized to enforce the building regulations of
the city.
"City manager" means the duly appointed city manager of the city, or anyone
authorized by him or her to carry out his or her duties under this chapter.
"Community development director" meahs the director of the community development
department of the city, or anyone authorized by him or her to carry out his or her duties under
this chapter.
"Disturbing the peace" means any of the following:
(1) Any violation of California Penal Code Section 415; or
(2) Any act or course of conduct that a reasonable person would know to be likely
to unreasonably and significantly disturb another in the regular conduct of their
normal life activities.
"Enforcement costs" means all costs incurred by the city in enforcing the provisions of
this chapter, whether by abatement, administrative proceedings or civil actions, or any
combination of these actions. Enforcement costs shall include the following:
(1) Administrative and regulatory costs: including (a) any time spent by a city
employee or contractor for code enforcement activities related to the code
violation, such as inspections and re-inspections, compliance re-inspections,
abatement actions, police services, administration, bookkeeping and
accounting, legal services, supervision, preparing for and attending hearings,
(b) administrative fines and penalties, and (c) other costs related to the
enforcement such as costs of abatement, notices, and court costs. Costs based
on time spent by city employees or contractors shall include salary, benefits,
and overhead;
(2) Collection costs: costs incurred in securing payment of any delinquent amount
owed to the city;
(3) Attorneys' fees: reasonable attorneys' fees incurred by the city, if the city has
elected at the initiation of the individual action or proceeding to seek recovery of
its attorneys' fees.
"Enforcement officer" means the building official, city code enforcement officer, police
officer, the officials and animal control officers of the Silicon Valley Animal Control Authority,
city department head (to the extent responsible for enforcing provisions of this code), or any
other city employee designated by this code, the city manager, or any department head to
enforce a provision of this code.
"Excessive littering" means throwing, dropping, placing, depositing, or sweeping, or
causing any such acts, of any waste matter on land or water in other than appropriate storage
containers or areas designated for such purposes, which cause the waste matter to
accumulate.
"Fire marshal" means any person authorized to enforce the fire regulations of the city;
"Harassment of passersby" means any of the following conduct when initiated without
the consent of the person to whom it is directed:
(1) The abuse of a passerby with words which are offensive and inherently likely to
provoke an immediate violent reaction;
(2) Touching a passerby with an intent to intimidate or coerce;
(3) Threatening the passerby with physical harm by word or gesture giving rise to a
reasonable tendency to produce in the passerby a fear that the threat will be
carried out;
(4) Coming closer than three feet to a passerby for the purpose of initiating a
commercial transaction through intimidation or coercion;
(5) Intentionally blocking or impeding a person's passage;
(6) Following a passerby after he or she declines a solicitation with an intent to
intimidate or coerce that passerby.
"Hearing officer" means a person designated by the city manager to hear and decide
any matter authorized pursuant to this chapter. The designated hearing officer shall be an
impartial person, such as: (1) a city employee from a department not involved in the
prosecution of the matter to be decided, or (2) a person selected from a panel of hearing
officers assembled by the city manager, or (3) a person hired from an organization which
provides hearing officers. Hearing officers shall be selected in such a manner that the hearing
officer does not have a financial incentive to decide a matter to a particular conclusion. The
employment, pertormance evaluation, compensation and benefits of the hearing officer shall
not be directly or indirectly conditioned upon or affected by the amount of administrative
citation fines upheld by the hearing officer.
"Lewd conduct" means any of the following:
(1) Display or touching of one's own genitals in a place open public view with the
intent or purpose of inducing sexual arousal or gratification in one's self or
another;
(2) Engaging in contact with the genitals of another person in a place open to
public view with the intent or purpose of inducing sexual arousal or gratification
in one's self or another;
(3) The non-consensual touching of another person with the intent or purpose of
inducing sexual arousal or gratification in one's self or another;
(4) Physical contact between anyone over eighteen years of age with someone
under eighteen years of age with the intent or purpose of inducing sexual
arousal or gratification in one's self or another; or
(5) Display by someone over eighteen years of age of his or her genitals to
.someone under eighteen years of age with the intent or purpose of inducing
sexual arousal or gratification in one's self or another.
"Loitering" means to delay or linger without a lawful purpose for being on the property
and for the purpose or intent of committing a crime as opportunity may be discovered.
"Owner" means any person(s) shown as the property owner on the latest equalized
property tax assessment rolls.
"Person" means a natural person or a legally recognized entity, including a
corporation, partnership or public entity.
"Responsible person" means all of the following:
(1) A person who, by action or inaction (whether acting alone or with one or more
other persons), causes, maintains, permits, or allows a violation of this chapter;
(2) A person whose agent, employee, or independent contractor, by action or
inaction, causes, maintains, permits or allows a violation of this chapter;
(3) An owner of real property on which a violation of this chapter occurs;
(4) A lessee or sub-lessee with the current right of possession_of real property on
which a violation of this chapter occurs;
(5) A person that uses real property on which a violation of this chapter occurs;
(6) An on-site manager who regularly works on real property on which a violation of
this chapter occurs and who is responsible for the business or other activities
on that real property;
(7) The owners, majority stockholders, corporate officers, trustees, general
partners and any other person with the legal authority to act for a legal entity
that is a responsible person under subsections (1) through (ti) above;
(8) If any of the above persons are minors or incompetent, the parents or guardians
of such persons shall be deemed responsible persons.
"Unreasonably loud noise" means a noise that a reasonable person would find to be
so loud as to cause significant impairment to their normal life activities, or significant mental
or physical injury.
Exhibit B
Title 7
ANIMALS
Chapters:
7.04
7.10
7.15
7.20
7.25
7.28
7.30
7.35
7.40
7.45
7.50
7.60
7.70
General Provisions
Impoundment of Animals
Keeping of Certain Animals
Reserved
Reserved
Beekeeping
Dogs and Cats
Animal Establishments
Dangerous and Exotic Animals
Sale of Animals
Enforcement of Title
Denial, Revocation or Suspension of Approvals
Penalties
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Chapter 7
GENERAL PROVISIONS
Sections:
7.04.0]0 Definitions.
7.04.020 Animals running at large.
7.04.030 Conditions relating only to seizures of dogs rumling at large.
7.04.040 Animal bites -Quarantine -Violation and examinations.
7.04.050 Diseased or vicious animals.
7.04.060 Dead animals.
7.04.070 Abandoned animals.
7.04.075 Animals on City Property
7.04.080• Poisoning and abusing dogs, cats or other domestic animals.
7.04.090 Public nuisance.
7.04.100 Authority of animal control officer.
7.04.110 Animals and vehicles.
7.04.120 Interference with police dogs.
7.04.130 Feeding of animals on posted public property prohibited.
7.04.140 Animal maintenance and duties of owners.
7.04.150 Shelter requirements.
7.04.160 Water requirements.
7.04. ] 70 Feeding requirements.
7.04.180 Confinement requirements.
7.04.190 Adequate Exercise.
7.04.200 Chain Collar Prohibited.
7.04.210 Ventilation and light requirements.
7.04.220 Veterinary Treatment.
7.04.230 Unnecessary Suffering.
7.04.240 Animal Traps.
7.04.250 Slaughtering.
7.04.0]0 Definitions.
For the purpose of this title, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(a) "A" definitions:
(1) "Abandoned animal" means an animal that is lefr without proper and
necessary care for the animal's well being for 24 hours or an unreasonable period of time.
"Abandoned animal" shall also mean any animal, lawfully impounded by the City, for which the
owner has not paid fees, rates or charges relating to the detention of the animal
(2) "Administrator" means the City Manager or his/her duly authorized
agent(s), designees and representatives.
(3) ;Animal" means any multi-celled living creature other than plants and
humans, including, but not limited to, birds, cats, dogs, fishes, fowl, rabbits, and reptiles..
(4) "Animal control officer" means any person authorized by the
administrator to enforce the provisions of this Title, or any person authorized by the County
health officer in the enforcement of rabies control laws and in the enforcement of state laws.
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(5) "Animal menagerie" means any place where dangerous animals are kept
or maintained for any purpose, including places where dangerous animals are boarded, exhibited,
trained or kept for hire.
(6) "Animal shelter" means the SVACA animal shelter, the Humane Society
animal shelter, or any other facility designated by SVACA for the purpose of impounding and
caring for all animals found in violation of this chapter, or surrendered to the City by their
owners, and shall be a facility devoted to the welfare, protection and humane treahnent of all
animals.
(7) "Animal rescuer" means any person or organization that provides
temporary housing and care for domestic animals with the purpose of placing those animals with
a new and permanent owner in a new home and that provides evidence satisfactory to the
Administrator of a history of active placement or an affiliation with a recognized group with a
history of active placement.
(8) "Apiary" means bees, hives and associated appliances wherever the same
are kept, located or found.
(9) "At large" means:
(i) The presence of any animal when it is off the premises of its owner and
not restrained by a 6-foot leash under the control of a person physically capable of retaining
control of the animal; or
(ii) When the animal is on the premises of its owner and not restrained by
a 6-foot leash, fence or other adequate enclosure sufficient to prevent ingress and egress of the
animal or not under the control and/or the immediate presence of its owner; or
(iii) When a female dog is in estrus and not within a house, vehicle or
other enclosure adequate to prevent male dogs gaining access to the female dog.
(b) "B" definitions:
(1) "Bees" means honey-producing insects of the species apis mellificia,
including the adults, eggs, larvae, pupae, or other immature states thereof, together with such
materials as are deposited into hives by their adults, except honey and rendered beeswax.
(c) "C" definitions:
(1) "Cat" means a domestic cat (Felis catus).
(2) "City Council" means the City Council for the City of Campbell.
(3) "City Manager" means the City Manager for the City of Campbell or
his/her designee.
(4) "Chief of Police" tneans the Chief of Police for the City of Campbell or
his/her designee.
(5) "Commercial kennel" means any person or facility, engaged in, or used
for, 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. Any person having more than one fertile female shall be
presumed to have a commercial kennel.
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(d) "D" definitions:
(1) "Dangerous animal" means airy wild or exotic mammal, reptile or fowl
which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because
of its size, vicious nature, or other characteristics, constitutes a danger to human life, other
animals, or property.
(2) ' "Dangerous dog" means any dog, except a dog assisting a peace officer
engaged in law enforcement duties, that:
(A) Without provocation, has bitten a person or a domestic animal;
(B) Without provocation, chases or approaches people or domestic
animals on the streets, sidewalks or any public grounds in a threatening manner or apparent
attitude of attack;
(C) Has a known propensity, tendency or disposition for unprovoked
attack, causing injury and threatening the safety of people or domestic animals;
(D) Has been specifically trained to guard persons and/or property;
(E) Has inflicted severe injury on a person or domestic animal on
public or private property;
(F) Any dog declared potentially dangerous, dangerous or vicious in
another jurisdiction.
(3) "Dog" means a domestic dog (Canis familiaris).
(4) "Domestic animal" means animals that are lawfully and commonly kept as
pets including, but not limited to dogs, cats and birds, rabbits and fowl.
(5) "Domestic bird" means birds that are lawfully and commonly kept as pets,
including, but not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, finches, Tories,
lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.
(e) "E" definitions:
(1) "Euthanasia" means the humane destruction of an animal pursuant to the
requirements of Section 730.120.
(2) "Exotic" means any animal not normally kept as a domestic or household
pet, fowl, livestock, including but not limited to lions, tigers and monkeys.
(f) "F" definitions:
(1) "Fowl" means any larger domestic bird such as a domesticated chicken,
duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird
intended for human consumption or for the production of eggs for human consumption.
(g) "G" definitions:
(1) "Grooming parlor" means any commercial place where animals are
trimmed, bathed or groomed.
(h) "H" definitions:
(1) "Harbored" means the feeding or sheltering of an animal for three (3) or
more consecutive days.
(2) "Health officer" means the director of public health or any person
authorized to act on his/her behalf
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(3) "Hearing officer" means a person designated by the City Manager or the
City Manager's designee to hear and decide any matter authorized pursuant to this Title. The
designated hearing officer shall be an impartial person, such as: (1) a city employee from a
department not involved in the prosecution of the matter to be decided, or (2) a person selected
from a panel of hearing officers assembled by the City Manager or the City Manager's designee,
or (3) a person hired Isom an organization which provides hearing officers. Hearing officers shall
be selected in such a manner that the hearing officer does not have a financial incentive to decide
a matter to a particular conclusion. The emplo}nnent, performance evaluation, compensation and
benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by
the result of any lawfully preformed hearing..
(i) Reserved for future use.
Q) Resen~ed for future use.
(k) Reserved for future use.
(1) "L" definitions:
(1) "Lot" means a single parcel of land for which a legal description is filed of
record or the boundaries of which are shown on a subdivision map or record of survey filed in
the Office of the Santa Clara Recorder.
(m) Reserved for future use.
(n) Reserved for future use. .
(o) "O" definitions:
(1) "Owner" means a natural person over the age of 18 who owns, possesses,
harbors, controls or has custody of an animal. All adults residing at the same property address
shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored or
controlled on the property. If an entity other than a natural person claims ownership of an animal,
every natural person that exercises control over, or has an ownership interest in the entity has
been deemed to be an owner of the animal for purpose of this Title.
(2) "Ownership" means any person keeping, harboring, controlling, having
custody of, or possessing one or more animals for a period of not less than five (5) days.
(p) "P" definitions:
(1) "Persori" means any' individual, domestic or foreign corporation,
partnership, association of any kind, tntst, fraternal society or cooperative.
(2) "Pct" means any animal kept for pleasure rather than utility.
(3) "Pet shop" means a person or facility that obtains animals for sale,
exchange, barter or hire to the general public as a principal or agent, or on consignment.
(4) "Physical control" means any animal confined or restrained by a leash or
Icad by a person of size and responsibility to adequately keep control of the animal or within the
real property limits of its owner.
(5) "Premises" means any lot or parcel of land owned, leased or rented by a
person.
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(6) "Private kennel" means a person who maintains within or adjoining his or
her private residence three (3) dogs over four (4) months of age, and/or three (3) cats over four
(4) months of age, but no more than a combined total of six (6) 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 (2) male dogs or cats used For breeding purposes for which compensation is
received, or the parturition and rearing of more than two (2) litters of dogs or cats in any one (1)
calendar year from the total number of females owned or maintained by that person on the
premises, shall establish 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 ke~mel.
(7) "Provocation" means:
(A) An act intended, or which would be reasonably understood to
harass, menace, threaten or cause serious injury to a dog;
(B) An act intended, or which would be reasonably understood to
cause bodily injury to the dog's owner, owner's family, owner's property or domestic animals, in
the presence of the dog; or
(C) The entry into a private, fully enclosed area of the owner's real
property with the intent of committing a crime or injuring a person.
(8) "Public place" includes, but is not limited to, streets, highways, sidewalks,
carnivals, shopping malls, flea markets and areas in front of commercial establishments, or any
other area that is customarily open to the general public.
(q) "Q" definitions:
(1) "Quarantine" means the isolation of any animal within a substantial
enclosure to avoid its contact with other animals or unauthorized persons.
(r) Reserved for future use.
(s) "S" definitions:
(1) "Sanitize" means to make physically clean, remove and destroy to a
practical minimum agents injurious to health.
(2) "Service Animal" means dogs that are individually trained to do the work
or perform tasks for people with disabilities. Examples of such work or tasks include guiding
people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting
a person who is having a seizure, reminding a person with mental illness to take prescribed
medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety
attack, or performing other duties. Service animals are working animals, not pets. The work or
task a dog has been trained to provide must be directly related to the person's disability. Dogs
whose sole function is to provide comfort or emotional support do not qualify as service animals.
Miniature Horses that have been individually trained to do work or
perform tasks for people with disabilities may also quality as service animals provided A. They
are house broken, B. They are under the owner's control, C. City facilities can accommodate the
miniature horse's type, size, and weight, and D. That the miniature horse's presence will not
compromise legitimate safety requirements necessary for safe operations of the facility.
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(3) "Severe injury" means any physical injury to a person that results in
muscle tears or disfiguring lacerations, or requires sutures or corrective or cosmetic surgery.
(4) "Slaughter" means to kill an animal for food or butcher.
(5) "Small animals" means hares,'rabbits, chickens, turkeys, geese, ducks,
doves, pigeons, game birds, or other fowl.
(6) "SVACA" means the Silicon Valley Animal Control Authority.
(t) Reserved for future use.
(u) Reserved for future use.
(v) "V" definitions:
(1) "Vaccination" means a protective inoculation against rabies with an anti-
rabies vaccine recognized and approved by the Santa Clara County Health Department.
(2) "Veterinary hospital" means any establishment maintained and operated
by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of
animals.
(w) Reserved for future use.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use.
7.04.020 Animals running at large.
No person owning or having control of any animal shall permit the animal to stray or run
at large upon any public street or other public place, or upon any private place or property or
commas area of any planned development, cluster, townhouse or condominium project, without
the consent of the owner or person in control.
7.04.030 Conditions 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 7.30.010 when the dog has not strayed from and is upon private property
oevned 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 or impounded merely for violation
of Section 7.30.010, but in such a case, a citation for such violation may be issued; provided,
however, that if in such a situation, the owner or the person who has a right to control the dog is
not available at the premises, the dog may be impounded, but the officer shall post a notice of
such impoundment on the front door of the living unit or other conspicuous place on the property
of the owner or person who has a right to control the dog. This 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 ultimate 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.
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This section shall not otherwise affect the authority of an animal control officer to seize
or impound a dog or issue citations as a result of the violation of other sections of this chapter.
7.04.040 Animal bites, quarantine, violation and examinations.
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 animal control officer or Health Officer
with firll information regarding the incident.
Upon receipt of such a report, an animal control officer will seize and quarantine the
animal for a period of fourteen (14) days or such other period as may be prescribed by the State
Department of Health. The animal control officer or Health Officer may order the owner to
quarantine the animal on the owner's premises.
Any person who fails, refuses or neglects to quarantine any animal as ordered by the
animal control officer, or who refuses to allow the 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 during the quarantine period without written permission of the animal control officer.
The administrator may charge a fee, as set forth in a resolution adopted by the City
Council, to recoup the costs of quarantining animals and inspections for quarantine of animals.
Any fee charged shall be paid by the owner of the animal. This fee shall be in addition to the
actual costs of the Health Officer in housing, feeding and otherwise caring for a quarantined
animal.
The specimens from any animal that dies or is destroyed while under quarantine shall be
submitted to the laboratory of the County Health Department for rabies examination.
7.04.050 Diseased animals.
(a) No person owning or having charge of any animal known to be infected with any
disease transmittable to humans shall permit such animal to be or remain within the County other
than at an approved veterinary hospital unless the Health Officer approves an alternative means
of confinement.
(b) The animal control officer shall seize any animal he or she reasonably believes to
be infected with disease transmittable to humans. The animal control officer shall keep such
animal in a safe place for a period sufficient to observe, examine and determine whether it is
diseased or vicious so as to be a menace to public health or safety.
(c) Diseased or vicious animals which are a danger to public health or safety shall be
impounded and Inay be destroyed.
7.04.060 Dead animals.
Upon the death of any animal, the owner shall provide for the burial, incineration or other
disposition of the body of the animal. If the owner of any dead animal is unable to provide for
burial or other disposition, the owner may request the animal control officer to dispose of the
body of the animal.
` Upon learning that the body of a dead animal has not been disposed of in a safe and
sanitary manner, the animal control officer will remove the animal's body immediately;
provided, however, that the animal control officer shall not be required to remove and dispose of
bodies of dead animals on State highways or on State property. 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 (72) hours of the time that the dead animal is removed.
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The administrator will collect a fee sufficient to recover costs associated with removal
and disposal of dead animals which shall be paid by the owner, if known; but no fee shall be
charged to the owner of a dead dog or cat if that person is sixty-five (65) years or older. The fee
shall be set in a resolution adopted by the City Council.
7.04.070 Abandoned animals.
It is unlawft to abandon any animal in the City of Campbell.
7.04.075 Animals on City property.
No person having the control or care of any animal shall permit such animal to enter or
remain on City property and/or in City-owned or City-managed buildings other than public
streets and sidewalks, a building used for the purpose of care, detention, space control or
treatment of animals, or areas designated as "dog parks" or "off-leash areas," or a building used
for training classes, shows or exhibitions. This section does not apply to persons who have a
visual or auditory disability and who use service animals for guidance or to accommodate a
disability, or dogs used in law enforcement by a governmental agency, or persons expressly
authorized by the City Manager, upon finding that the animal will not be disruptive to the
operations of the City, or a hazard to persons or property.
7.04.080 Poisoning and abusing dogs, cats or other domestic animals.
In addition to California Penal Code section 596, it is unlawfid for any person to willfully
administer poison to any dog, cat or other domestic animal, or to willfully place, expose or leave
poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat
or other domestic animal Further, it is unlawful for any person to maliciously kill, maim, wound,
mutilate, torment, torture or physically abuse any animal.
7.04.090 Public nuisance.
(a) No person owning or having control of any animal shall permit the animal to do
any of the following:
(1) Defecate or urinate on private property (other than that of the owner or
person having control of the animal);
(2) Defecate on public property without immediately removing the excrement
to a proper receptacle;
(3) Obstruct or interfere with the reasonable and comfortable use of property
by chasing vehicles; molesting passersby, barking, howling, baying or making any other noise;
(4) Permit unsanitary conditions to exist on the premises where the animal is
kept that would cause odors, attract flies or vermin, or otherwise be injurious to public health and
safety, or be indecent, or offensive to the senses, or be such an obstruction to the free use of
property so as to interfere with the comfortable enjoyment of life or property by other persons;
(5) Trespass on school or grounds;
(6) Attack other humans or animals;
(7) Damage private or public property;
(8) Repeatedly run at large;
(9) Run at large while in the stage of heat;
(b) The animal control officer may seize and impound any animal causing or creating
a public nuisance.
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(c) A violation of this section is hereby declared to be a public nuisance.
(d) Any private person may maintain an action under California Civil Code
section 3493 for enforcement of this section declaring certain acts a public nuisance, if such acts
are specifically injurious to that person.
7.04.100 Authority of animal control officer.
Each animal control officer shall have and is hereby vested with the authority of a peace
officer. Each animal control officer may, in the performance of his/her duties, enter upon any
property to ascertain if any of the provisions of the chapter or any State laws. relating to disease,
care, treatment, impounding, or cruelty to animals are being violated. Each animal control officer
may make arrests for the violation of the provisions of this chapter or any State laws in the
manner provided bylaw.
7.04.]10 Animals and vehicles.
(a) No person shall transport or carry any animals in or on a motor vehicle on any
public highway, street or roadway located within the city limits unless the animal is safely
enclosed within the vehicle or otherwise safely attached or secured to 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 vehicle while the vehicle is in motion.
(b) No person shall leave any animal in an unattended motor vehicle without
adequate ventilation or in such a manner as to subject the animal to extreme temperatures that
may adversely affect the health or well being of the animal.
(c) An animal control officer, police officer or safety officer is authorized to use
reasonable force to remove an animal from a vehicle when it appears that the animal's health,
safety or welfare is or will be endangered.
7.04.120 Interference with police dogs.
No person shall injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise
interfere with any police dog within the jurisdictional boundaries of the City while the police
dog(s) is in the custody of a police officer and/or is being used in the performance of official
duties.
7.04.130 Feeding of animals on posted public property prohibited.
(a) It is unlawful for any person to feed, cause to be fed, offer food to any animal, or
to scatter food, seed or other forms of matter edible to animals (collectively referred to as "feed"
or "feeding") on any public property (which includes, but is not limited to, public buildings,
streets, street rights-of--way, sidewalks, driveways, parks, school grounds, public facilities or any
other public property), or portion thereof, in the City which has been posted with a sign(s)
warning that it is illegal to feed animals ou the posted public property.
(b) When warning sign(s) are posted on public property prohibiting the feeding of
animals on the public property (or portion thereof), the warning sign(s) are to read substantially
as follows in letters that are at least one inch in height:
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WARNING
The feeding of animals [i.e. in the park, within fifty yards of the
pond, on the school grounds, etc.] is prohibited pursuant to
Campbell Municipal Code § 7.04.130.
The warning sign(s) are to be situated in conspicuous locations on the posted property (or
portion thereof), taking into account the physical configuration of the public property (or portion
thereof).
(c) This section does not apply to City or other public agency-authorized events or
programs.
7.04.140 Animal maintenance and duties of owners.
(a) The provisions of this section shall be in addition to, and not in lieu of, any other
regulations contained in this Code or in any other ordinance of the City regarding the keeping
and maintenance of animals.
(b) The owner of every animal shall have the duty to keep and maintain such animal
in a healthy and sanitary condition, and shall have the duty to supply such animal with food,
water and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary
condition, and free from all noxious odors or substances. The keeping of any animal in such a
manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a
public nuisance.
7.04.150 Shelter requirements.
(a) Any animal maintained outdoors shall have adequate shade and shelter so that the
animal can protect itself from the direct rays of the sun when the sunlight is likely to cause
overheating or discomfort, so the animal can remain dry during rain. and stay warm during cold
weather.
(b) The shelter for any animal shall be:
(1) Accessible to the animal at all times and constructed and maintained so
that the animal has convenient access to food and water;
(2) Situated to prevent exposing the animal to unreasonably loud noise, or
teasing abuse or injury by another animal or person;
(3) Constructed with at least five (5) sides including a roof and floor. The
floor shall be raised off the ground; be free of cracks, depressions and rough areas where insects,
vermin or eggs for internal parasites may lodge; and protect the animal's legs and feet from
injury;
(4) Of adequate size inside and outside the shelter to allow the animal to stand
up, sit, turn around freely or lie down in a normal position, defecate or urinate away from its
confinement, and safely interact with any.other animal;
(5) Adequately lighted Co provide regular diurnal lighting cycles of natural or
artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine
inspections~and care of the animal;
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(6) Supplied with clean and dry bedding material or other [Weans of protection
from the weather elements to maintain the shelter at a temperature that is not harmful to the
health of the animal;
(7) Cleaned and maintained in a manner designed to insure sanitary conditions
and to control for insects, eetoparasites and other pests. Carcasses, debris, Food waste and excreta
shall be removed from the shelter as often as necessary to minimize unreasonably obnoxious
odor, allergen, pests and the risk of disease.
(8) Be constructed and maintained in good repair to protect the animal from
injury.
7.04.160 Water requirements.
No person shall keep, use or maintain any animal on any premises unless the animal has
access to clean and fresh water at all times. If the water is kept in a container, this container shall
be designed sufficiently to prevent tipping and spilling of the water contained therein. Watering
containers shall be kept clean, kept out of sun and must be emptied and refilled with fresh water
at least once a day. If the water is provided by an automatic or demand device, the water supply
connected to the device must function 24 hours a day.
7.04.170 Feeding requirements.
No person shall keep, use or maintain any animal on any premises unless the anitnal is
provided sufficient food daily to maintain proper body weight and good health. The animal shall
be provided food, which shall be free from contamination, wholesome, palatable and sufficient
quantity and nutritional value to meet the normal daily requirements for the condition and size of
the animal.
7.04.180 Confinement requirements.
(a) All animals shall be able to stand to their full height, stretch out; turn around, lie
down, and make normal postural adjustments comfortably. Minimum space for dogs in pens (not
including shelter space) shall be as follows:
Number of dogs Small
(to 25 Ibs) Medium
(25-501bs) Large
(over SO lbs
1 3x7(2lsgft) 6x 10 (60sgft) 8x10 80sgft)
2 4x8(32sgft) Sx10(80sgft) 8x12 (96sgft)
3 Sx9(45sgft) 8x 12 (96sgft) 1Ox14(140sgft)
4 8x 10 (80sgft) lOxl2(120sgft) 12x16 (192sgft)
(b) No dog shall be tethered, fastened, chained, tied or restrained to a shelter, tree,
fence or any other stationary object, except in accordance with Penal Code section 597, as may
be amended.
(c) If a dog is confined in compliance with subsection (a), the owner may:
(1) Attach a dog to a mm~ing line, pulley or trolley system, except no dog may
be tethered to a running line, pulley or trolley system by means of a choke collar or pinch collar;
(2) Tether, fasten, chain, tie or otherwise restrain a dog .pursuant to the
requirements of a camping or recreational area;
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(3) Tether, fasten, chain or tie a dog no longer than is necessary for the person
to complete a temporary task that requires the dog to be restrained for a reasonable period;
(4) Tether, fasten, chain or tie a dog while engaged in or actively training for,
an activity that is conducted pursuant to a valid license issued by the State of California if the
activity for which the license is issued is associated with the use or presence of a dog. Nothing in
this section shall be construed to prohibit a person from restraining a dog while participating in
activities or using accommodations that are reasonably associated with the licensed activity;
(5) Tether, fasten, chain or tie a dog while actively engaged in conduct that is
directly related to the business of shepherding or herding cattle or livestock, or directly related to
the business of cultivating agricultural products, if the restraint is reasonably necessary for the
safety of the dog.
7.04.190 Adequate Exercise.
All animals must be provided with adequate exercise. "Adequate exercise" means the
opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the
age, size and condition of the animal.
7.04.200 Chain Collar Prohibited.
[t shall be unlawful for any person to use a chain as a collar for any animal except during
training sessions under the direct supervision of the owner or handler.
7.04.210 Ventilation and light requirements.
All animal holding areas shall be constructed to allow a free flow of fresh air. All animals
shall ]lave at ]east ten (10) hours of light per day, except as directed by hibernation, veterinarian
advice or professionally accepted practices for the safety and well-being of the animal Lighting
of primary enclosures shall be designed to protect animals from excessive illumination. The
duration of illumination shall be appropriate for the species involved.
7.04.220 Veterinary Treatment
All animals shall receive veterinary treatment from a veterinarian licensed by the State of
California when such treahnent is necessary to alleviate the animal's suffering or prevent the
transmission of disease.
7.04.230 Unnecessary Suffering.
No animal shall be subjected to unnecessary suffering or cruelty. Unnecessary suffering
or cniclty may be caused by deficiencies in the categories listed above. Unnecessary suffering is
also caused by situations which expose an animal to prolonged tear, injury and pain, physical
abuse or lack of proper sanitation. The absence of interaction with humans or other animals also
causes an animal unnecessary suffering if it results in health and/or temperament problems.
7.04.240 Animal Traps.
(a) It shall be unlawful for any person to use any of the following animal traps within
the City limits:
(1) Leg-hold steel-jawed traps;
(2) Steel-jawed traps;
(3) Leg-hold traps; and
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(4) Saw-toothed or spiked-jaw traps.
(b) If any person is using an ahimal trap that is not prohibited under Subsection (a),
that person shall:
(1) Check the trap, at a minimum, every twelve (12) hours;
(2) Maintain the trap in proper working condition;
(3) Remove, release or transfer the animal from the trap within twelve (12)
hours after the animal enters the trap;
(4) Cover or move the trap and the animal so that it is not directly exposed to
the elements including, but not limited to sun, rain, cold or other conditions that may be
detrimental to the animal's health; and
(5) Euthanize and dispose of the animal in accordance with the law.
(c) Any person that uses a trap as part of a trap, spay or neuter and release program
for cats is exempt from complying with subsection b(3) if:
(1) Confinement for more than twelve (12) hours is for the purpose of spaying
or neutering the cats and the cats are released as soon as medically practical; and
(2) The cats receive adequate water, food and shelter pursuant to sections
7.04.150 - 7.04.170.
7.04.250 Slaughtering.
(a) It is unlawful for any person, by any means, to slaughter any animal within the
City.
(b) This section shall not apply to the act of putting to death any such animal by the
discharge of firearm by a sworn peace officer if the animal is dangerous or is so badly injured
that humanity requires its removal from further suffering and no other disposition is practical.
(c) This section shall not apply to the act of putting to death any such animal by a
licensed veterinarian, pursuant to section 7.30.110(e).
Chapter 7.10
IMPOUNDMENT OF ANIMALS
Sections:
7.10.010 Fees for impounding and keeping.
7.10.020 Redemption of impounded animals.
7.10.030 Notification of impoundment.
7.10.040 Disposition of impounded animals.
7.10.050 Care of Impounded Animals.
7.10.060 Summary seizure and post-seizure notification.
7.10.070 Hearing prior to animal deprivation.
7.10.080 Post-seizure appeal hearing.
7.10.090 Failure to appeal impoundment.
7.] 0.100 Mandatory Sterilization for Multiple Impounds.
7.10.010 Fees for impounding and keeping.
(a) An impoundment fee shall be charged to the owner of an animal impounded to
defray the costs of impoundment, in an amount fixed by resolution of the City Council.
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(b) [n addition, a fee for keeping an impounded animal shall be charged in an amount
sufficient to defray the actual costs of keeping and caring for the animal, as determined by the
administrator.
7.10.020 Redemption of impounded animals.
The administrator or animal control officer may permit an owner or other person entitled
to custody of an impounded animal to redeem the animal. No animal may be redeemed without
payment of the fees for impounding and keeping the animal, and without compliance with the
licensing provision of this title.
7.10.030 Notification of impoundment.
The animal control officer will give notice of impoundment to the owner of every animal
impounded, if known, by either posting a written notice of the impound in a conspicuous place at
the owner's residence, or personally delivering the notice to the owner on the day of the
impound. The notice shall advise the owner that the animal may be forfeited unless the owner
contacts the administrator within five (5) business days. The notice shall set forth a telephone
number to contact the administrator.
7.10.040 Disposition of impounded animals.
(a) No animal maybe disposed of until seventy-two (72) hours have elapsed from the
time of impoundment, exclusive of the day of impoundtent and the days that the itpounding
facility is closed to the public.
(b) Notwithstanding anything to the contrary, an animal which has been determined
by a veterinarian licensed by the State of California or by other authorized personnel to be
diseased or injured to the extent that emergency veterinary care will not alleviate suffering will
be destroyed in accordance with all State and County humane laws as soon as possible.
7.10.050 Care of Impounded Animals.
The animal control officer shall ensure that all impounded animals receive suitable and
adequate food, water and shelter.
7.10.060 Summary seizure and post-seizure notification.
(a) Notwithstanding Campbell Municipal Code section 7.04.030, an animal control
officer may seize and impound an animal for violation of any provision of this Title 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 that is injured, sick or starving and must be cared for;
and
(3) To protect an animal from injury which has strayed onto public property
or public right-of--way.
(b) Even when the owner of any animal is presenC, an animal control officer may
seize or impound any animal that the officer reasonably believes to be infected with disease
transmittable to humans or to be dangerous so as to be a threat to public health, safety or
property, or a threat to the health or safety of the animal. Such seizure or impoundment may be
made even though the animal is at the time of seizure confined by the person owning or having
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i
charge of the anitnal if the animal control officer reasonably believes that such seizure and
impoundment is necessary to protect the public health or safety or the health or safety of the
animal
(c) If the owner or person with the right to control the animal wishes to challenge the
seizure or impoundment, he or she shall notify the administrator in writing, within five (5)
business days after the seizure or impoundment.
(d) The administrator will promptly set the time and place for the hearing and will
send notice of the hearing by first class United States mail to the party requesting the hearing no
later than five (5) business days before the hearing.
(e) The hearing will be conducted as set forth in section 7.10.080.
7.10.070 Hearing prior to animal deprivation.
(a) Except as provided in Campbell Municipal Code sections 7.04.030 and 7.10.060,
the administrator or animal control officer may not seize or impound any animal without the
consent of the owner or~person entitled to custody of the animal unless an appeal hearing is held
as set forth in Campbell Municipal Code 7.10.080.
(b) If the owner or person who has a right to control an animal refuses to consent to
an impoundment of his/her animal, the animal control officer may issue a notice commanding
the person to appear before the administrator at a set time. Failure of a person to appear at the
hearing shall constitute a misdemeanor, and in addition, the animal control officer may
immediately seize and impound the animal.
7.10.080 Post-seizure appeal hearing.
(a) At the hearing, petitioner and the animal control officer may be represented by
counsel, may present oral and written evidence, and may cross-examine, witnesses. Technical
ntles of evidence shall not apply. Any relevant evidence may be admitted as determined by the
hearing officer. The decision of the hearing officer shall be supported by the weight of the
evidence and shall be final.
(b) After submission of all the evidence, and not more than fifteen (15) days after the
hearing, the hearing officer shall notify the petitioner in writing of his/her decision. The hearing
officer may order the animal released without conditions, may designate the animal dangerous
and order release with conditions, may order the animal destroyed or may make other orders as
the hearing officer determines appropriately fulfills the needs of the animal.and the safety of the
public based on the weight of the evidence and consistent with this Title. The decision of the
hearing officer shall be final. Any release conditions imposed by the hearing officer, which may
include but shall not be limited to spaying and neutering, shall be solely in the interest of
protecting public health, safety and property.
7.10.090 Failure to appeal impoundment.
Any person who fails to appeal any seizure or impoundment by the animal control officer under
this Chapter within five (5) business days from impoundment shall forfeit all rights of ownership
and control of the animal. Final disposition of the animal shall be determined in accordance with
the provisions of this Chapter and other applicable law.
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7.10.100 Mandatory Sterilization for Multiple Impounds.
Any unsterilized dog or cat impounded twice or more from the same owner within the
lifetime of the atiimal shall be sterilized at the owner's expense prior to redemption. At the
option of the owner, a private veterinarian may perform the required spaying or neutering. The
impounding agency may require that transportation to a private veterinarian be performed by the
impounding agency. The owner may request a hearing as set forth in section 7.10.060.
Chapter 7.15
KEEPING OF CERTAIN ANIMALS
Sections:
7.15.Oi 0 Keeping of certain animals and fowl -Generally.
7.15.020 Nearness to dwelling.
7.15.025 Roosters.
7.15.030 Cows, horses, etc.
7.15.040 Keeping ofhorses -Restrictions.
7.15.050 Cleaning and maintenance of corrals, barns and stables, etc.
7.15.060 Sanitary conditions.
7.15.070 Quantity of animals.
7.15.010 Keeping of certain animals and fowl -Generally.
(a) It shall be unlawfttl for any person to keep or maintain any equine animal, any
bovine animal, any sheep, hog or goat, any live hare, rabbit, chicken, duck, turkey, goose, pigeon
or other fowl except as provided in this chapter.
(b) Any person maintaining any such animal or fowl within the City shall keep the
premises upon which such is kept fenced, or if such animal is staked, so as to keep the animal or
fowl from leaving the premises upon which such is kept, and shall not pernit such animal or
fowl to run at large upon the street or upon the property of any other person.
7.15.020 Nearness to dwelling.
(a) No person shall keep any live hare, rabbit, chicken, turkey, goose, duck, pigeon,
game bird or other fowl or exotic animal within fifty (50) feet of any dwelling unit other than the
dwelling unit of the owner of such animal or fowl, without a permit.
(b) The permit mentioned in subsection (a) of this section shall be issued by the
Administrator, and only when the Administrator finds that each such animal may be maintained
at such location without injury to its health and the health and safety of any person. ]f the
Administrator does not so find and is not satisfied that the animal may be so maintained without
injury to its health and the health and safety of any person, no such permit shall be issued. The
failure of the applicant to present concurrently with an application for such permit, written
approval of an adult person from each dwelling unit any part of which is within fifty (50) feet in
any direction of the proposed location of any such animal where the dwelling unit provides
housing for an adult, may in itself provide sufficient cause to deny issuance of the pernit.
(d) The permit shall be issued by the Administrator only after he/she is assured to
his/her satisfaction that each such animal will be maintained at such location in compliance with
the following conditions:
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(1) Housing facilities for animals shall be structurally sound and shall be
maintained in good repair to protect animals from injury.
(2) Sanitary condition of all animals and all animal buildings or enclosures
shall comply with Campbell Municipal Code section 7.15.050.
(3) Animal buildings and enclosures shall be so constructed and maintained as
to prevent the escape of animals and to provide appropriate protection from the elements.
(4) All animal buildings, cages and runs shall be of sufficient size to provide
adequate and proper housing for animals kept therein.
(5) Each animal shall be maintained in a good healthy condition in a manner
not causing injury to the health of any animal or the health and safety of any person.
(e) Said permit shall set forth whatever conditions the Administrator may deem
necessary to assure compliance with the provisions of this chapter.
(f) Each permit is subject to suspension and revocation whenever an animal is
maintained in such a manner that any of the conditions of subsection (d) of this section is
violated and in accordance with the provisions of Chapter 7.60
(g) In case of denial, suspension or revocation of each such permit, the application for
the permit and the permit holder shall be advised of rights to appeal provided in Chapter 7.60.
7.15.025 Roosters. _
No rooster over four (4) months old shall be kept on any premises within the City, unless
the premises involved are operating on a commercial basis in conformance with existing zoning
regulations and state statutes governing their operations.
7.15.030 Cows, horses, etc.
No person shall keep any bovine or equine animal or any hog, sheep or goat within one
hundred (100) feet of any dwelling other than the dwelling of the owner of such animal, or
within fifty (50) feet of the dwelling of such owner.
7.15.040 Keeping of horses -Restrictions.
No horse shall be kept or maintained within the City except in an enclosure the outer
limits of which shall beat least forty (40) feet from any iiil~abited or habitable dwelling.
7.15.050 Cleaning and maintenance of corrals, barns and stables, etc.
Every owner, lessee or tenant of any corral, barn, stable, stall or aparnnent in which any
horse, cow or other animal is or shall be kept or of any place in which manure or any liquid
discharge of any such horse, cow or other animal shall collect or accumulate, shall cause such
manure or liquid to be removed and shall, at least once in every fifteen (15) days, cause such
con~al, barn, stable, stall or apartment to be thoroughly cleaned and disinfected and shall aC all
times keep the same in a clean and wholesome condition.
7.15.060 Sanitary conditions.
No person shall, at any Cime, maintain any lot or other premises, or any portion thereof in
the City, upon which any animal is kept, in an unsanitary condition. No person shall maintain
any such lot or other premises, or portion thereof, upon which any animal is kept, in such
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condition as to cause the same to be infested with flies or insects or cause any noxious or
offensive odors.
7.]5.070 Quantity of animals.
(a) Not more than six (6) animals, in all, including hares, rabbits, guinea pigs, feline,
bovine, sheep, hogs, goat, chickens, turkeys, geese, ducks, game birds, or other fowl or any
combination thereof shall be kept on any premises within the City, unless the premises involved
are operating on a commercial basis in confonnancc with existing zoning regulations and state
statutes governing their operations. -
(b) The City Manager may allow more than six animals, but no more than twenty-five
(25) animals, upon finding that the animals will be maintained in a healthy and sanitary
condition, and will not be foreseeably injurious to the health, or indecent or offensive to the
senses so as to unreasonably interfere with the comfortable enjoyment of neighboring properties.
In making this determination, the City, Manager shall consider:
(1) The lot size of the premises on which the animals will be kept;
(2) Whether or not the animals will be located or housed in a manner that will
eliminate views, noise or odors to the adjoining properties;
(3) The animals can be cared for in a manner that produces no noticeable
noise or odor beyond the premises on which they will be kept;
(4) The animals are restricted to a portion of the premises that is .not
proximate to any adjoining residences;
(5) Housing facilities for animals shall be structurally sound and shall be
maintained in good repair to protect animals from injury;
(6) Sanitary condition of all animals and all animal buildings or enclosure
shall comply with Section 7.04.140;
(7) Animal buildings and enclosures shall be so constructed and maintained as
to prevent the escape of animals and to provide appropriate protection from the elements;
(8) All animal buildings, cages and runs shall be of sufficient size to provide
adequate and proper housing for animals kept therein; -
(9) Each animal shall be maintained in a good healthy condition in a manner
not causing injury to the health of any animals or the health and safety of any person; and,
(10) Said permit shall set forth whatever conditions Che City Manager may
deem necessary to assure compliance with the provisions of this chapter.
(c) At least ten (10) days before making a decision on whether or not to allow more
than six animals, the City Manager shall mail a notice by first class United States mail addressed
to the addresses of all residential parcels located within fifty feet (50') of the boundaries of the
premises where the animals would be kept. The notice shall describe the nature of the exception
being requested and the street address of the property where the animals would be kept. The
notice shall firrther advise the recipients that they must contact the City Manager within ten (10)
days from the date the notice was mailed with any concerns they may have about the requested
exception in writing or by telephone at an address and telephone number provided in the notice.
(d) At the end of the Yen-day period, and no later than thirty days after receipt of the
request for more than six animals, the City Manager shall render his or her decision, which shall
be final.
(e) Any exception granted pursuant to this section may be revoked or suspended by
the City Manager pursuant to the procedures of Chapter 7.60 upon finding that the additional
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animals are not being maintained in a healthy or sanitary condition, or are creating a condition
that constitutes a public nuisance..
Chapter 7.20
(reserved)
Chapter 7.25
(Reserved)
Chapter 7.28
BEEKEEPING
Sections:
7.28.010 Notice required when moving apiaries.
7.28.020 Natural hives--Notice.
7.28.030 Location of apiary.
7.28.040 Water supply.
7.28.050 Identification of premises.
7.28.060 Notice, correction of violation.
7.28.010 Notice required when moving apiaries.
No apiary shall be moved into the City or within the confines of the City without notice
in writing being given to the City Manager within five (5) days from the date movement is
begun, stating:
(a) The number of colonies of bees to be moved into or within the City;
(b) The location of the property in the City to which bees are to be moved, and the
name and address of the owner of the property or person in possession thereof;
(c) The distance of the proposed location of the apiary from the nearest public road
intersection.
7.28.020 Natural hives--Notice. '
Property owners or occupants thereof in the City shall give immediate notice to the City
Manager of the establishment by bees of natural hives, so that the same shall be removed in
accordance with approved methods anti to avoid harm to persons and property.
7.28.030 Location of apiary. ,
No apiary shall be located:
(a) At a distance less than one thousand feet (1000') from the nearest residence,
church, school, public building,. corral or water area in the corral unless the owner or persons in
possession thereof have given written permission to the location of such apiary at a closer
distance;
(b) On any lands without the written consent of the owner or person in possession
thereof;
(c) Closer than three hundred feet (300') from any public road.
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7.28.040 Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained.
7.28.050 Identification of premises.
Every person maintaining any apiary on premises other than their own residence shall
identify the apiary by affixing and maintaining signs thereto showing the name of owner or
person in possession of the apiary, the owner or person's address and telephone number or a
statement that the owner or person has no phone. These signs shall be prominently placed and
maintained on each entrance side of the apiary and immediately adjoining the same and lettered
in black at least one inch (1 ") in height on a white or light background.
7.28.060 Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the provisions of
this Chapter maybe given verbal or written notice by the City Manager or any law enforcement
officer. A written notice shall also be posted on the location for forty-eight (48) hours, and it is
unlawful for the owner or person in possession of such apiary to fail to correct the violations
within that period. The provisions of this title, however, shall not authorize the keeping of bees
in areas where they are not otherwise allowed bylaw.
Chapter 7.30
DOGS AND CATS
Sections:
7.30.010 Restraint of dogs.
7.30.020 Maxitnum number of dogs, cats or litters.
7.30.030 Vaccination of dogs and cats.
7.30.040 License required.
7.30.050 License fees.
7.30.060 Issuance of license.
7.30.070 Metal tags.
7.30.080 License period.
7.30.090 Record of licenses.
7.30. ] 00 Presentation of license on request.
7.30.110 Veterinarian responsibilities.
7.30.120 Dogs in posted off-leash areas.
7.30.130 Barking dogs.
7.30.140 Hearing regarding classification as dangerous.
7.30.150 Restrictions of dogs designated as "dangerous."
7.30.160 Registration of dangerous dogs.
7.30.010 Restraint of dogs.
The owner of any dog shall keep and maintain such dog under their own physical
restraint by use of a leash not to exceed six (6) feet in length, or shall keep such dog sufficiently
confined behind a fence of reasonable height This section shall not apply to the following:
(a) Guide dogs for the blind or deaf whileperforming their duties;
Animal Ordinance -Title 7 Page 21 of 33
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(b) Dogs participating infield or obedience trials or exhibitions;
(c) Dogs assisting their owner/handler in legal hunting or in the herding of livestock;
(d) Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement activities;
(e) Dogs within an off-leash area designated by the City;
(f) Dogs being trained for any of the above purposes on private land with permission
of the landowner, so long as such dogs are under direct control of such individuals to assure that
they do not violate any other provision of law.
7.30.020 Maximum number of dogs, cats or litters.
(a) No person shall keep or maintain more than a total of three (3) adult dogs and/or
cats (any combination) over four (4) months of age, at any street address.
(b) No person shall keep or maintain more than one unspayed female dog or one
unspayed female cat, at any street address.
(c) A female dog or cat shall be rebuttably presumed to be unspayed, unless the
owner provides evidence of spaying. Written certification from a licensed veterinarian that an
animal cannof be spayed for health reasons or is incapable of breeding shall be deemed a
satisfactory substitution for a certificate showing an animal is spayed.
(d) No person shall allow the parturition and rearing of more than one litter (dogs or
cats) in any one calendar year from females owned by him/her or maintained on his/her
premises.
(e) No person shall allow the parturition and rearing of more than one litter (dogs or
cats) in any one calendar year on any premises owned or controlled by them.
(e) The provisions of this section shall not apply to a bona fide veterinarian licensed
by the State of California for the practice of veterinary medicine, or a pet shop, cotntnercial
kennel, private kennel, animal shelter or animal menagerie that holds a valid permit from the
Administrator.
7.30.030 Vaccination of dogs and cats.
Every owner of a dog or cat over four (4) months of age shall cause such dog or cat to be
vaccinated with an anti-rabies vaccine approved by the State Department of Public Health.
Revaccination shall be made at such intervals of time as may be prescribed by the State
Department of Public Health. Compliance with the provision of this section shall be a condition
to the issuance or renewal of dog and cat licenses.
7.30.040 License required.
(a) No person shall maintain or board any cat or dog four (4) months of age or older
that has not been licensed pursuant to the provisions of this Title, except:
(b) A license shall not be required for an animal owned or under the control of a
nonresident of the City that is to be kept in the City for less than thirty (30) days in any twelve-
month period.
(c) A license shall not be required for cats or dogs temporarily brought into the City
for entry into an event, show or exhibition scheduled not more than ten (] 0) days thereafter.
7.30.050 License fees.
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(a) Dog and cat license fees, including reduced fees for spayed females or neutered
males, for each dog or cat within the City shall be those tixed by resolution of the City Council.
Dog and cat license fees shall not be refundable in whole or in part.
(b) The City Manager may require the submission of a certificate of a licensed
veterinarian stating that a dog or cat has been spayed or neutered, or cannot be spayed or
neutered for health reasons and is incapable of breeding, or is incapable of breeding, prior to
issuance of a license at a lesser fee.
(c) An additional fee, in an amount determined by the City Council, shall be paid For
a license purchased more than sixty (60) days after expiration of a previously issued license or
sixty (60) days after notice to the owner to obtain a license.
(d) Licenses and tags for dogs used principally for the purpose of guiding persons
who are blind or deaf, and for dogs used in law enforcement by any governmental agencies shall
be issued upon request without charge.
(e) The City Manager may waive the license fee for only one spayed or neutered dog
or cat kept in a household where the owner of the dog or cat is over the age of sixty-five (65)
years, pt'ovided such owner presents or qualifies for a State Medi-Cal card.
c
7.30.060 Issuance of license.
Upon payment of the license fee and the presentation of a valid certificate of vaccination
by a duly licensed doctor of veterinary medicine, the Administrator 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, 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.
7.30.070 Metal tags.
(a) With each dog or cat license, the Administrator shall issue a metal tag bearing an
identifying number and the words and letters "DOG/CAT LICENSE SILICON VALLEY
ANIMAL CONTROL." Each dog or cat shall wear the metal tag issued for it at all times except
when being shown at a dog or cat show, exhibition or event. In the event it is necessary to issue a
duplicate tag, a fee, set by the City Council, shall be charged to the owner.
(b) It shall be unlawful for any person to attach a metal tag issued pursuant to this
section to any dog or cat other than the dog or cat for which it was issued.
7.30.080 License period.
(a) The teen of any dog or cat license issued hereunder shall commence on the date
of the issuance of the license and shall terminate twelve (12), twenty-four (24), or thirty-six (36)
months from the date of issue, depending on the expiration of the dog or cat's rabies vaccination.
(b) Dog or cat licenses may be renewed upon expiration, upon proof of a new rabies
vaccination. When a license is renewed after the expiration date, the new license period shall
begin on the expiration date of the previous period.
7.30.090 Record of licenses.
The administrator shall keep a record of all licenses issued, together with a description of
the dog or cat for which such license is issued.
Animal Ordinance-Title 7
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Page 23 of 38
7.30.100 Presentation of license on request.
Upon request of any authorized animal control employee or any peace officer, the owner
or person having control of a dog or cat shall present the license.
7.30.110 Veterinarian responsibilities.
(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in the City
any dog with an anti-rabies vaccine shall use a form provided by the City to certify that such
animal has been vaccinated.
(b) Every veterinarian shall provide to the animal owner a copy of the anti-rabies
vaccination form for use in obtaining a license for the animal.
(c) Every veterinarian shall submit to the Administrator a copy of the County-
approved anti-rabies vaccination form, within ten (10) days of the begitming of each month, for
any dog which he or she vaccinates or directs to be vaccinated with anti-rabies vaccine during
the previous month.
(d) Every veterinarian operating a business within the City shall conspicuously
display a sign to notify dog owners that their animals must be licensed.
(e) The humane destruction of an animal must be accomplished by a person who has
completed a training cun-iculum of at least eight (8) hours, provided by a veterinarian, a
registered veterinary technician, or an individual who has been certified by the California Animal
Control Directors Association and the State Humane Association of California to train persons in
the humane use of sodium pentobarbital. The curriculum shall include humane animal restraint
techniques, sodium pentobarbital injection methods and procedures, verification of death
training, safety training and stress management for personnel, and record keeping and regulation
compliance for sodium pentobarbital. At least five (5) hours of the cumcuhim shall consist of
hands-on training. The trained person may only use sodium pentobarbital to perfornr the humane
destruction, per 16 California Code of Regulations § 2039.
7.30.120 Dogs in posted off-leash areas.
The exemption from the requirements for the restraint of dogs as set forth in
CMC 7.30.010 shall apply only if all of the following conditions are met:
(a) No dog shall be in a posted off-leash area except when in the charge, care,
custody, or control of a person at least thirteen (13) years old.
(b) No animals other than dogs shall be in any posted off-leash area. Dogs are only
permitted in the posted off-leash area during posted hours of operation.
(c) No person shall have more than two (2) dogs in a posted off-leash area at any one
time.
(d) Any dog in a posted off-leash area must be at least four (4) months of age,
vaccinated for rabies, and currently licensed by the City's animal services division or other
jurisdiction. All persons entering the posted off=leash area are responsible for ensuring that their
dog is not sick, in heat, injured, less than four (4) months of age, or displaying aggressive
behavior toward other dogs or humans in the posted off-leash area.
(e) Any person having charge, care, custody or control of a dog in a posted off-leash
area shall:
(1) Carry at all times a suitable container or other suitable instrument for the
removal and disposal of dog feces;
(2) Promptly remove and properly dispose ofany waste deposited by the dog;
Animal Ordinance-Title 7 ~~Page 24 of 38
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(3) Quiet or remove the dog if it disrupts or disturbs the reasonable and
comfortable use of the area;
(4) Have in his/her possession a leash for such dog that shall be worn by the
dog, and physically held by the owner, at all times the dog is not in the posted off-leash area; and
(5) Comply with all other applicable state and local laws, including without
limitation those that govern the health, safety and maintenance of dogs.
Compliance with this section shall not relieve any person of liability for damages arising
out of his/her use of a posted off-leash area.
7.30.130 Barking dogs.
It shall be unlawful for any person to harbor, keep or maintain any dog in the City which
disturbs the peace and quiet of one or more persons in the immediate neighborhood by loud
barking or making unusual noises. "Loud barking" means barking, howling or baying by day or
night at frequent and/or extended periods of time so as to be a nuisance to one or more persons
occupying residences or offices in an immediate neighborhood and preventing such person or
persons from the comfortable enjo}~nent of their residences or offices. "Loud barking" does not
mean barking where a dog is in the act of protecting or resisting trespassers upon its premises.
The burden of proof of such an act of protection or resistance to trespassers by a dog is upon the
person owning, harboring, controlling, maintaining, possessing or having charge of the dog.
7.30.140 Hearing regarding classification as dangerous.
(a) Any dog which exhibits any behavior described in CMC 7.04.010(d)(2) may be
determined to be a dangerous dog. The status shall be established after a hearing as hereinafter
provided. Proceedings nay be instituted by:
(1) Observation by the animal control officer;
(2) A complaint sworn by a person or persons who observed the behavior
complained of.
(b) Hearings for classification as dangerous shall be conducted as follows:
(I) The owner shall be given written notice, by first-class mail with return
receipt requested or personal service, of the date, time and place of the hearing at least five (5)
business days in advance of the hearing date, as well as the facts which are the basis of the
complaint. The owner shall be notified of the restrictions which will apply to the animal if it is
classified as a dangerous animal. Written notice of date, time, place and reason for the hearing
shall also be mailed by first class United States mail to all residential parcels located within one
hundred feet (100') of the boundaries of the owner's property at least five (5) business days in
advance of the hearing date.
(2) The owner may waive his/her right to a hearing by filing a written waiver
with SVACA, whereupon SVACA shall make the findings and apply the sanctions provided in
this Title.
(3) if the owner tails to appear at the hearing, the hearing shall nevertheless
proceed, and an appropriate order shall be issued.
(4) The hearing shall be conducted before a hearing officer. The appointment
of the hearing officer shall be by the Administrator. Any person designated to serve as a hearing
officer is subject to disqualification for bias, prejudice, interest or for any other reason for which
a judge maybe disqualified in a court of law.
Animal Ordinance- Title 7 Page 25 of 38
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(5) The hearing officer may continue hearings, based on good cause, as
established by one of the parties to the hearing or if the hearing officer independently determines
that due process has not been adequately afforded.
(6) The hearing officer shall consider all relevant evidence presented at the
hearing. The formal rules of evidence shall not apply. The hearing officer shall also consider
circumstances of mitigation, as well as the owner's and animal's history. If the hearing is held as
a result of a sworn complaint, at least one of the complainants shall appear and testify at the
hearing or the complaint shall be dismissed.
(7) ARer the hearing, the owner or keeper of the dog shall be notified in
writing of the determination and orders issued, either personally or by first-class return receipt
mail. The hearing officer shall make a written determination within fifteen (I S) calendar days
after the hearing is concluded, unless the animal has been seized, in which case the determination
shall be made within seven (7) calendar days of the hearing.
(8) The hearing officer may also prohibit the owner from owning, possessing,
controlling or having custody of any dog for up to three (3) years, if it is determined, after a
dangerous dog hearing, that ownership or possession of a clog by that person would create a
significant threat to the public health, safety and welfare. Thereafter, such persons must
demonstrate to the Administrator that he or she is capable of directly restraining the dog he or
she seeks to own, possess, control or have custody of
(9) If the owner or keeper of the animal contests the dangerous dog
determination, he/she may, within five (5) business days of receipt of the notice of
determination, appeal the decision of the hearing officer to the superior court. The owner or
keeper of the animal shall serve notice of the appeal to the City either personally or by first-class
mail, return receipt requested.
(10) The determination of the court hearing the appeal shall be final and
conclusive upon all parties.
(11) The owner shall comply with all conditions imposed by the animal control
officer pending the hearing.
(11) The City Council or SVACA Board may establish a filing fee by
resolution for requests for hearings under this section.
7.30.150 Restrictions of dogs designated as "dangerous."
(a) The owner or person with the right to control a dangerous dog shall be required
to:
(l) Keep the dog under his/her own physical restraint by:
(a) Means of anon-retractable leash not to exceed three (3) feet in
length; -
(b) Capable of restraining four (4) times the weight of the dog;
(c) Attached to an escape-proof commercial-quality walking harness
that fastens securely across the shoulders and mid-chest, encompassing the rib area and upper
abdomen of the dog;
(d) No neck collar of any type or material will be sufficient; ~~
(e) The 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;
Anima] Ordinance-Title 7
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Page 26 of 38
-'i
"i
(~ The dog shall be securely muzzled with a device constructed to
allow normal respiration but impossible for the dog to remove without human assistance; and
(g) The dog shall be under the direct physical control of a person who
is at least eighteen (18) years old and who is physically capable of restraining the dog. ,
(2) The City Manager nay require the use of specially marked or colored
leash and collar or harness for identification of dangerous dogs.
(3) The dog shall be spayed or neutered.
(4) The dog shall have a microchip implant for identification purposes.
(5) The owner of such animal shall immediately keep such animal in a
securely enclosed, escape-proof, locked kennel or pen, the location and placement of which shall
be determined by the hearing officer. Such kennel, pen or structure must have secure sides and a
secure top attached. The kennel or pen must be constructed in a manner and of such materials so
that it cannot be broken down by any action of the confined dog. All structures used for
confinement of dangerous dogs must be locked with a key or combination lock of sufficient
strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom
or floor constructed of concrete or other material of sufficient depth to prevent the dog from
digging free. Sides of the structure shall be imbedded not less than two (2) feet into the ground
behind a solid fence not less than six (6) feet in height. The supporting posts of the structure shall
be set in concrete or other material not less than two (2) feet into the gn-ound and no further than
six (6) feet apart. The sides and ends of the structure shall be constructed of solid boards or
chain-link material not less than six (6) feet in height and securely fastened to the top and bottom
of the structure. The structure shall not be constructed or maintained in any front or required side
yard and shall be maintained in a sanitary condition at all times. The dog(s) confined therein
shall be afforded adequate protection from the elements and kept in a humane manner.
(6) The dog must be confined 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 person having a right to control such dog.
(7) Any owner or person having a right to control the dog shall seek pre-
approval from the City Manager for a dog obedience class and attend the dog obedience class
with the dog that exhibited behavior that led to this designation.
(8) The owner must post a sign advising of the presence of a dangerous dog at
the entrance to every place wherein any such dog is confined. The sign must be capable of being
understood by a child with the normal reading skills of a second grader.
(9) No person shall transport a dangerous dog except in a locked animal
carrier equivalent in construction quality to those used by commercial air carriers.
(10) No person shall leave a dangerous dog unconfined or unattended in or
about any motor vehicle.
It is understood that the provision of subsection (a)(5) of this section shall not apply to
the oevner or person with the right to control a dangerous dog living in an apartment or
condominium.
(b) This section shall not apply to the following:
(1) Guide dogs for people with visual or auditory disabilities or who
otherwise use a dog to accommodate a disability;
(2) Dogs participating infield or obedience trials or conformation exhibitions;
(3) Dogs assisting their owner/handler in legal hunting activities or in the
herding of livestock;
Animal Ordinance-Title 7
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Page 27 of 38
'~
(4) Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement activities; and
(5) Dogs being trained for any of the above-described purposes on private
property with the permission of the landowner, so long as these dogs are under the direct control
of individuals who assure that they do not violate any other provision of law.
7.30.160 Registration of dangerous dogs.
(a) Every owner of a dangerous dog over four (4) months of age shall be required to
register the dog with the City Manager. Such registration shall be renewed on an annual basis. A
registration fee; and a fee to be charged for multiple inspections of required confinement
facilities for such dogs, shall be fixed by resolution of the City Council.
(b) Every owner of a dangerous dog over four (4) months of age shall be required to
obtain a public liability insurance policy from an insurer licensed to practice in the state of
California, asingle-incident amount of not less than one hundred thousand dollars ($100;000) or
provide another surety that would provide For similar financial compensation to anyone whose
person or property is injured by the dog, in a form and amount satisfactory to the City Manager.
Such owner shall give written notice to the City Manager of any cancellation or material change
in such policy or surety at least thirty (30) days prior to the date of such cancellation or material
change.
(c) The owner or keeper shall notify SVACA within twenty-four (24) hours if a
dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a
human being, or has died. .
(d) The owner or person having a right to control the dog may not move the place of
residence of the dog within the City, sell, trade, give away or otherwise transfer ownership
and/or the right to control the dog to a person residing within the city, unless the City Manager
has approved the dangerous dog registration for the new location or approved the new person
assuming ownership and/or right to control the dog.
(e) If the dog owner or person having a right to control the dog decides to sell, trade,
give away or otherwise transfer ownership and/or the right to control the dog to a location
outside of the City and/or to another person residing outside the city, the person transferring
ownership or control shall:
(1) Notify SVACA at least five (5) business days prior to the physical transfer
of the dog; and
(2) Provide SVACA with the name, address and telephone number of the new
owner or new person having a right to control the dog.
(f) An animal control officer is hereby empowered to make whatever inquiry is
deemed necessary to ensure compliance with the provisions of this chapter, and any such officer
is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with
the provisions hereof.
(g) Owners of dangerous dogs unable to meet the requirements directed by the City
Manager shall be required to surrender the dogs to the City Manager for humane destruction or
other disposition, at the discretion of the City Manager, unless the City Manager determines that
the dog no longer presents any threat to persons or property in the City.
fuiimal Ordinance -Title 7 Page 28 of 38
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Chapter 7.35
ANIMAL ESTABLISH~1ENTS
Sections:
7.35.010 Permit required.
7.35.020 Application for permit.
7.35.025 No ke~mel within two hundred fifty feet (250') of any residence.
7.35.030 Conditions relating to animal facilities.
7.35.040 Expiration and renewal of permit.
7.35.050 Inspection.
7.35.060 Denial or revocation of permit.
7.35.070 Appeal from denial or revocation of permit.
7.35.080 No new permit afrer denial or revocation.
7.35.090 Permit not transferable.
7.35.100 Animal rescuer registration.
7.35.110 Maintenance of animal rescuer registration.
7.35.120 Adoption of animals.
7.35.010 Permit required.
No person shall conduct, operate or keep any pet shop, commercial kennel, private
kennel, pet grooming parlor, animal menagerie, animal shelter or horse establishment without
first obtaining an appropriate permit from the administrator. The annual permit fee for the above
animal facilities shall be fixed by resolution of the City Council.
7.35.020 Application for permit. '
(a) An application for a permit to operate and keep a pet shop, commercial kennel,
private kennel, pet grooming parlor, animal menagerie, animal shelter, horse establishment or
dangerous animal shall be in writing on a form approved by the administrator. The applicant
shall furnish a list of the types of animals to be maintained or used for any purpose, together with
the approximate number of animals of each type.
(b) The administrator may establish regulations and standards relating to:
(I) The maximum number and species of animals to be kept or maintained on
the premises;
(2) The construction, sanitation and maintenance of facilities; and
(3) Any other regulations and standards in conformity with and for the
purpose of carrying out the intent of this chapter.
Compliance with such rules and regrdations shall be prerequisite to the issuance and
continued validity of any permit provided pursuant to this chapter.
(c) Pennittee shall 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. This shall be
available to the administrator upon request.
7.35.025 No kennel within hvo hundred fifty feet (250') of any residence
Unless pennittcd by other provisions of~this title, no license to operate any commercial or
private kennel, animal shelter or animal establislunent within two hundred fifty feet (250') of any
Animal Ordinance -Title 7 Page 29 of 38
Typed:07-30-10
dwelling house, apamnent, hotel or other building used for human habitation shall be issued or
renewed. '
7.35.030 Conditions relating to animal facilities.
Every person who owns, conducts, manages or operates any commercial kennel, private
kennel, pet shop, pet grooming parlor, animal menagerie, animal shelter or horse establishment
shall comply evith each of the following conditions:
(a) Housing
(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 or
the escape of animals so contained therein.
(2) 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 need of the animals, with sufficient light to allow
observation of animals.
(3) All animal rooms, cages, kennels, runs, stalls and corrals shall be of
sufficient size to provide adequate and proper accoimnodation and protection from the weather
for the animals kept therein.
(4) All animal facilities shall be constructed and operated in a manner that
reasonably protects public health and safety and safety of the animals.
(b) Sanitation.
(1) All animal facilities shall be maintained and operated at all times in a
clean and sanitary condition, and in a manner that avoids causing odors or attraction of flies and
vermin, and excessive noise.
(c) Care of Animals.
(1) 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 feeding 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.
(2) No animal, except animal(s) in a pasture provided with adequate feed and
water, shall be without attention for more than riventy-four (24) 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 animal(s) is immediately available on the
premises.
(3) All sick, diseased or injured animals shall be isolated from healthy animals
at all times and shall be given proper medical treatment. The Administrator may order the
operator of the facility to immediately seek licensed veterinary treatment for any animal.
(4) All animals shall be treated in a humane manner.
(d) Compliance.
(1) The Administrator shall have the authority to enter the animal facility
when he/she has reason to believe that the provisions of the permit, this title or applicable state
laws are being violated. The failure of the operator to consent to the entry shall be deemed just
cause for the revocation of the permit.
Animal Ordinance -Title 7
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1
Page 30 of 38
3
i
(2) Failure of an applicant or a permit holder to comply with any of the
provisions of the permit, this title or applicable State law, shall be deemed just cause for the
denial of any permit, either original or renewal, or for revocation of a permit.
7.35A40 Expiration and renewal of permit.
(a) Any permit issued under this chapter shall expire twelve (12) months from the
date of issuance. The procedure for the renewal of a permit shall be the same as for an original
permit.
(b) Upon failure to make application for the renewal of a permit within thirty (30)
days of the expiration of a permit, the applicant shall pay an additional ten dollar ($10) penalty
for late renewal.
7.35.050 Inspection.
As a condition to the issuance or renewal of a_ permit under this chapter, the
Administrator shall have the authority to inspect at any reasonable time the animal facility.
7.35.060 Denial or revocation of permit.
The administrator may deny or revoke any permit issued pursuant to this chapter in the
following situations:
(a) Whenever determined by inspection that any animal facility fails to meet any of
the conditions of the permit, this chapter or applicable State law.
(b) Whenever there is reason to believe that the applicant or permit holder has
willfully withheld or falsified any information required for a permit.
(c) If the applicant or permit holder has been convicted by a court of law of more
than two (2) violations of this title in a twelve (12) month period, of State laws relating to
animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this
or any other state within the previous five (5) years. For the purposes of this section, bail
forfeiture shall be deemed to be a conviction of the offense charged.
7.35.070 Consideration of denial or revocation of permit.
Denial or revocation of a permit shall be conducted substantially in conformance with the
provisions of Chapter 7.60.
7.35.080 No new permit after denial or revocation.
If a permit has been denied or revoked, the Administrator will not accept a new permit
application from the same person for the same activity at the same location less than six (6)
months after such denial or revocation, unless the applicant shows, and the Administrator finds,
by inspection and/or investigation, that the grounds upon which the first application was denied
or the permit revoked no longer exist.
7.35.090 Permit not transferable.
Pernits issued pursuant to the provisions of this chapter shall not be transferable.
7.35.100 Animal rescuer registration.
(a) Except as otherwise provided in this Title, any person or organization that
maintains more than the number of adult animals allowed under CMC 7.30.020 shall register
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with SVACA as an animal rescues In order to register as an animal rescuer, the applicant must
provide SVACA with the following information:
(I) Verifiable proof of membership in or status as a State of California not-
for-profit corporation that meets the requirements of Internal Revenue Code Section 501(c)(3)
and is in good standing with the State of California;
(2) Verifiable proof that animal adoption and placement of rescued animals
with a new and permanent owner in a new home is one of its primary organizational goals and
proof of a history of placement of animals with new and permanent owners in new homes;
(3) The location and contact information of the rescue work to be performed
and the identity of the person(s) responsible for the care of the animals at that location;
(4) Payment of the registration fee in an amount established by resolution of
the City Council;
(5) Agreement from the applicant to abide by the requirements set forth in
CMC 7.35.030; and
(6) Agreement from the applicant to any other conditions reasonably
necessary for the proper care and maintenance of the animals.
7.35.] 10 Maintenance of animal rescuer registration.
(a) In order to maintain a valid animal rescuer registration, the animal rescuer shall
comply with each of the following requirements:
(1) Rescue work such as the temporary housing and care of domestic animals
shall be performed in conformity with all standards of animal care and housing set forth by state
and local law;
(2) Rescue work shall not create a public nuisance;
(3) The animal rescuer shall cooperate with the animal services division
during investigations of complaints and inspections of animal areas; and
(4) The animal rescuer shall limit the number of animals maintained at the
registered location if the Administrator deems limitations are necessary because of space,
finance, effect on surrounding area, history or any other criteria relevant to the animal rescuer's
ability to maintain the animals.
(b) The Administrator may revoke the animal rescuer registration if the holder of the
registration fails at any time to satisfy one or more of the requirements specified in subsection
(a).
7.35.120 Adoption of animals.
(a) Any person adopting an unspayed or unneutered dog or cat from any Humane
Society animal shelter, public animal shelter or Society for the Prevention of Cruelty to Animals
shelter in the County of Santa Clara, shall have such animal spayed or neutered on or before a
date specified in the adoption agreement unless a licensed veterinarian states in writing that the
date specified in the adoption agreement is inappropriate for the animal in question. On
submission of such written statement to the person at such shelter responsible for ensuring
compliance with this section, the-adoption agreement will be modified accordingly.
(b) As a condition for adoption, the person adopting an animal may be required to
deposit with the shelter an amount sufficient to cover the cost of spaying or neutering such
animal by a veterinarian or spaying or altering clinic designated by the person adopting the
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animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or
shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.
Chapter 7.40
DANGEROUS AND EXOTIC ANIMALS
Sections:
7.40.010 Permit for dangerous animals.
7.40.020 Permit denial.
7.40.030 Permit period and tee.
7.40.01.0 Permit for dangerous animals.
(a) No person shall keep, have, maintain, sell, trade or let for hire a dangerous or
exotic animal without first obtaining a permit from the Administrator. The application for a
permit, permit conditions, inspection, denial, revocation and appeal shall be the same as set forth
in CMC 7.35.020, 7.35.030 and 7.35.050 through 7.35.090.
(b) No permit shall be required of any zoo, university, college, governmental research
agency, duly incorporated Society for the Prevention of Cruelty to Animals (SPCA), humane
society or animal control agency under the direction of the City, or other bona fide scientific
institution, as determined by the Administrator, engaging in scientific or public health research.
For the purposes of this title, a zoo shall be considered any organization that exhibits animals to
the general public at regular specified hours, equaling at least thirty hours a week for thirty-six
(36) weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not
for sale to private individuals.
(c) The owner of a dangerous or exotic animal shall post at the entrances to the
property where the animal is kept with a legible sign at least twelve (12) inches square, warning
persons of a dangerous animal.
7.40.020 Permit denial.
(a) Notwithstanding anything to the contrary, the administrator may deny or revoke a
permit to keep or maintain any dangerous or exotic animal when, in his or her opinion:
(1) Any such animal may not be kept or maintained without endangering the
safety of any person(s) or property; or
(2) The keeping of the animal would constitute a public nuisance; or
(3) The animal would be subject to suffering, neglect, cruelty or abuse.
(b) The Administrator, in his/her discretion, may require any such animal to be
properly caged, tethered or restrained in zoo-type facilities that meet or are in addition to, or
more restrictive than, State guidelines issued under the provisions of Section 671.3 of Title 14 of
the California Code of Regulations and Federal standards issued under Chapter 1 of Title 9 of the
Code of Federal Regulations. Nothing in this chapter shall be construed to permit the keeping of
dangerous or exotic animals where zoning provisions or State law would prohibit such keeping.
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7.40.030 Permit period and fee.
The fee for a permit to keep or maintain one or more dangerous or exotic animals shall be
set by the City Council and shall be valid for atwelve-month term. The permit shall expire and
be renewable as set forth in CMC 7.35.040.
Chapter 7.45
SALE OF ANIMALS
Sections:
7.45.010 Sale of cats or dogs.
7.45.020 Immunization.
7.45.030 Return of dog or cat.
7.45.040 Location of sale.
7.45.010 Sale of cats or dogs.
(a) No person or establishment other than a licensed or County-operated animal
shelter shall sell, exchange or barter any cat or dog less than 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.
(b) Any person who provides or offers any dog or cat to the public, whether or not for
compensation, shall provide to the prospective owner, free of charge, information related to pet
care and ownership, including information on county laws pertaining to animal control and
spay/neuter probnams available in the county. This information shall be prepared and made
available either free of charge or at cost by the administrator.
(c) Any person offering a dog for sale, barter, exchange or adoption, whether or not
for compensation, shall disclose to any prospective owner, information regarding the City
licensing requirements applicable to such animal.
(d) No person shall' give away any dog or cat as a prize or as an inducement to enter
any contest, lottery, drawing, game or competition.
(e) No person shall give away any dog or cat as an inducement to enter a place of
business or to enter into a business arrangement. This prohibition shall not apply to any licensed
veterinarian who offers dogs or cats for sale or adoption.
(f) No person shall sell, barter, exchange or offer for adoption, whether or not for
compensation, any dog or cat to any person who is under the age of eighteen (18) years, without
the written permission of the minor's parent or legal guardian.
7.45.020 1 mmu n ization.
All cats or dogs over eight (8) weeks of age, before they are sold, must be immunized
against common disease; in the case of dogs against distemper and parvovirus; in the case of cats
against panleukopenia, rhinotracheitis, calicivirns and chlamydia. The seller of a dog or cat shall
provide to the buyer at the time of sale a signed statement from the seller attesting to the date of
vaccination and the seller's knowledge of the animal's health. Such statement shall also include
the animal's immunization history, and the record of any known disease, sickness or internal or
external parasites that the animal is afflicted with at the time of transfer of ownership, including
treatment and medication.
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7.45.030 Return of dog or cat.
(a) Any person purchasing a dog or cat from a person or establishment required to be
licensed or registered pursuant to this chapter may, within five (5) days of such purchase, cause
such animal to be examined by a veterinarian licensed by the state of California and if such
examination reveals clinical signs of a contagious or infectious disease or serious congenital
defects, not otherwise disclosed to the purchaser as required by CMC 7.45.020, the purchaser
may, within one (1) day of the examination, return such animal to the seller. When returned, such
animal must be accompanied with a certificate signed by the examining veterinarian stating
examination findings. Upon return of such animal for the reasons stated in this section, the seller
shall reimburse the purchaser for the cost of the animal.
(b) If the seller refuses to reimburse the purchaser for the cost of the animal upon
purchaser's offer to return it, the purchaser may file court proceedings against the seller.
7.45.040 Location of sale.
(a) It shall be unlawful for any person to display for sale, offer for sale, exchange,
barter or give away any animal except in the following places:
(1) Pet shop, commercial kennel, private kennel, pet grooming parlor, animal
menagerie, animal shelter, or horse establishment, which have a valid permit under
CMC 7.35.010; and
(2) Private residence.
(b) This prohibition shall not apply to:
(1) Any animal rescue or humane organization or agency recognized by
SVACA; or
(2) Any cat breeder selling cats at a nationally sanctioned cat show.
Chapter 7.50
ENFORCEMENT OF TITLE
Sections:
7.50.010 Enforcement Title .
7.50.010 Enforcement of CMC Title 7 -Payment of funds to account.
Except when more specific provisions contained in this Title are intended to apply, the
following shall apply:
(a) The City, in its prosecutorial discretion, may enforce violation(s) of the provisions
of this Title as a criminal, civil and/or administrative action;
(b) Enforcement authority. The following persons may enforce the provisions of this
Title by issuance of citations under the authority provided in Penal Code Section 836.5:
(1) Peace officers and persons employed in such positions..
(2)The City Manager or his/her duly authorized agents and representatives, including the
City's code enforcement officers; and
(3) The animal control officers of SVACA.
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Chapter 7.60
Denial, Revocation or Suspension of Approvals
Sections:
7.60.010 Grounds for Suspension or Revocation
7.60.020 Notice
7.60.030 Rendering of Decision
7.60.010 Grounds for Suspension or Revocation.
In addition to any other authority granted under this Title, the Administrator may suspend
or revoke any permit, exception or approval granted under this Title upon finding any of the
following:
(a) There has been a violation of any of the provisions of this Title;
(b) There has been a violation of any conditions placed upon the permit;
(c) The animals subject to the permit are being maintained in a manner that is detrimental
to their health or wellbeing; or
(d) The conditions under which the animals are being maintained constitute a public
nuisance, or endanger the health or wellbeing of persons, property or other animals.
7.60.020 Notice.
Except where another notice procedure is expressly required by this Title, at least ten (10)
days prior to denying, revoking or suspending any permit, exception or approval granted
pursuant to this Title, the Administrator shall notify the owner of the animals, by first class
United States mail; or other method likely to provide actual notice to the owner, of his/her
intention to deny, revoke or suspend the permit, exception or approval, and the basis-for his/her
proposed decision. The notice shall also set forth an address and telephone number at which the
owner can contact the Administrator, and shall advise the owner that if the owner opposes the
revocation or suspension, the owner must contact the Administrator within ten (10) days from
the date the letter was mailed and provide any evidence upon which the owner bases his/her
opposition. The notice shall also state that if the owner fails to contact the Administrator within
ten (10) days from the date of the mailing, or otherwise providing the notice, then the denial,
suspension or revocation shall become final.
7.60.030 Rendering of Decision.
(a) ]f the owner fails to contact the Administrator within ten (10) days from the date of
providing the notice from the Administrator, dren the denial, suspension or revocation
shall become final. 9
i .
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(b) If the owner contacts the Administrator within ten (10) days from providing the
Administrator's notice pursuant to section 7.60.020, then the Administrator shall
consider any evidence submitted by the owner, and render his/her final decision
within thirty (30) days from receipt of the evidence.
(c) The Administrator shall render his/her decision in writing, and set forth the finding
supporting his/her decision.
(d) The Administrator shall provide his/her written decision to the owner within thirty
(30) days of receipt of any evidence from the owner by first class United States mail,
or other method likely to provide actual notice to the owner.
(e) The Administrator's decision shall be final.
Chapter 7.70
Penalties
Sections: 7.70.010 Penalties
7.70.010 Penalties
(a) It is unlawful for any person, firm or corporation to violate any provision,
or fail to comply with any mandatory requirement of this title. Except as
otherwise provided in subsection (b) of this section, any entity violating
any provision, or failing to comply with any mandatory requirement of
this title is guilty of an infraction, and upon conviction shall be punished
by a fine of not more than one hundred dollars.
(b) Notwithstanding any provision to the contrary, any person, firm or
corporation committing any act made unlawful pursuant to subsection (a)
of this section shall be guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not more than one thousand dollars and/or
imprisonment of not more than six months, if any of the following
circumstances exists:
(1) The violation was commiCted willfully or with knowledge of its illegality;
(2) The violator does not cease, or othernise abate the violation after
receiving notice of such violation;
(3) The violator has previously been convicted of violating the same provision
of this title within two years of the currently charged violation; or
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(4) The provision violated specifies that such violation shall be a _
misdemeanor.
(c) Each person, firm or corporation violating any provision, or failing to
comply with the mandatory requirements of this title shall be deemed
guilty of a separate offense for each and every day during any portion of
which any violation of any provision of this title is committed, continued
or permitted by such person, firm or corporation, and shall be punishable.
as provided in this section.
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