1994 MaySUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
M;ay, 1994
(Covering Ordinances through 1645)
This supplement consists of repainted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should lie retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ..................... Preface
Checklist .................. Checklist
TEXT
18 3-197/203 ............. 183-204- 3
209-210- 8 ............... 209-210-9
313-314 .................. 313-314
320-1-320-2 .. ~.......... 320-1-320-2
TABLES
614-5-614-7 ............ 614-5-614-7
INDEX
615-617 .................. 615-618
636-3-638 .................637-638
PRE:F'ACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, .has been kept current by regulaz
supplementation.
Daring original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .I)50, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate futw~e provisions. Similarly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their subjects, and where they appear in
the codification.
Footnotes referring to apF~licable statutory provisions are
located throughout the text. Asubject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings thE; code up to date through Ordi-
nance 1645, passed Mazch 7, 1994.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 5-94)
CHE(:I{I.IST
CUPERTINO MUMCIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 5-94 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date
Page Number Date
Title 1:
1-8 ........................ (no date)
9-12 ........................... 9-91
12-1-12-2 ....................... 2-91
13-14 .......................... 9-89
Title 2:
15 ............................ 12-93
17-18 .......................... 7-93
19-20 .......................... 9-91
21-22 ....................... (no date)
2 3-24 .......................... 4-94
24-1 ............................ 4-94
25-28 ....................... (no date)
29-32 .......................... 9-91
3 3-34 .......................... 4-94
35/37 ........................... 5-92
38 ............................. 5-92
39-40 .......................... 3 - 89
41/43 .......................... 12-93
44-1--~4-2 ...................... 10-93
45-56 ....................... (no date)
5 7-60 .......................... 3 - 89
60-1 ............................ 3-89
61-62 ....................... (no date)
63-64 .......................... 3-89
65-66 ......................... 12-87
67-70 ....................... (no date)
70-1-70-2 ....................... 3-89
70-3-70-4 ...................... 12-91
70-5-70-7 ....................... 4-94
Title 3:
71 ............................. 9-92
73-74 ....................... (no date)
75-76 .......................... 2-93
77-84 ....................... (no date)
85-86 .......................... 9-91
87-90 ....................... (no date)
91-94 .......................... 5 -92
94-1-94-2 ....................... 5 -92
94-3-94-4 ...................... 12-93
95-96 ....................... (no date)
97-9 8 ......................... 10-90
99-100 ......................... 5 -92
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100- 3-100-6 ..................... 5 -92
100-7-100-14 .................... 9 -92
Title 4:
101 ......................... (no date)
Title 5:
103 ............................ 1-90
105-114 ........................ 2 -9 3
114-1 ........................... 2-93
115-116 ..................... (no date)
117-118 ....................... 10-93
119-122 ........................ 1-90
123-134 ..................... (no date)
135-136 ........................ 3-87
137-141 ..................... (no date)
142-1-142-2 ..................... 3-89
Title 6:
143 ....... .................... 12-91
145-154 ... .................. (no date)
155-156 ... .................... 12-91
15 7-15 8 ... .................... 10-9 3
159-160 ... .................... 12-91
160-1-160-4 .................... 12-91
cc~P~~o s-9a~
Page Number Date
161-162 ........................ 3-89
162-1 ........................... 3-89
163-180 ..................... (no date)
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ......................... ... 2-93
207-208 ..................... (no date)
209-210 ..................... ... 5 -94
210-1-210-9 .................. ... 5 -94
211-212 ..................... (no date)
213-216 ..................... ... 3-87
217-222 ..................... (no date)
223-228 ..................... ... 3-87
229-240 ..................... (no date)
241-242c .................... ... 2-93
242-1-242-9 .................. ... 9-91
Title 10:
243-244 ........................ 4-94
245-256 ..................... (no date)
257-25 8 ........................ 1-91
258-1 ........................... 9-92
259-260 ....................... 10-90
261-264 ........................ 4-94
264-1-264-3 ..................... 4-94
265-268 ..................... (no date)
269-270 ....................... I 1-86
271-272 ........................ 9-92
273-274 ..................... (no date)
275-276 ........................ 3-87
276-1-276-2 .................... 11-86
277-281 ..................... (no date)
Page Number Date
Title 11:
283 ............................ 9-92
285-290 ..................... (no date)
291-292 ....................... 12-87
293-294 ........................ 9-91
295-296 ........................ 2-91
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ........................ 5-92
305-306 ..................... (no date)
307-308 ........................ 9-91
308-1 ........................... 9-91
309-310 ....................... 12-87
310-I .......................... 12-87
311-312 ........................ 3-87
313-314 ........................ 5-94
315-318 ........................ 2-93
318-1 ........................... 9-91
319-320 ........................ 5-92
320a ........................... 12-93
320-1=320-2 ..................... 5-94
320-3 .......................... 9-91
322-1 ........................... 9-89
323-324 ....................... 12-87
325-330 ....................... 11-86
331-332 ..................... (no date)
333-334 ....................... 11-86
334-1-334-3 ..................... 5-92
335-338 ..................... (no date)
3 39-340 ........................ 3 - 8 8
340- I ........................... 3-88
34 I-342 ....................... 12-87
342-1-342-2 .................... 10-93
342-3-342-7 ..................... 9-92
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
ccwP~~o s-sa> ii
Page Number Date
Title 14:
355 ....... ..................... 7-93
357-35 8 ... ..................... 2-93
359-360 ... ..................... 3-89
360-1 ...... ..................... 3-89
361-362 ... ..................... 2-93
362-1-362-2 ..................... 2-93
363-364 ... .................. (no date)
365-366 ... ..................... 4-90
367-368 ... .................. (no date)
368-1-368-4 ..................... 3-89
369-376 ... .................. (no date)
376-1-376-2 ..................... 7-93
376-3-376-6 ..................... 4-94
377-378 ... .................. (no date)
378-1-378-4 .................... 12-93
378-4a ..... .................... 12-93
378-5-378-6 ..................... 2-92
379-385 ..................... (no date)
Title 15:
387 ............................ 4-90
389-392 ........................ 3-87
393-398 ........................ 2-93
399/401 ......................... 2-93
403-~11 ..................... (no date)
412-1-412-2 .................... 10-93
Title 16:
413 ........................... 10-90
415-416 ........................ 9-92
41718 ........................ 5-88
419-434 ..................... (no date)
435-436 ........................ 2-93
437 ........................... 12-91
43 8/440 ........................ 12-91
441-444 ........................ 9 -92
44546 ........................ 4-94
446-1 ........................... 4-94
447-45 6 ....................... 10-9 3
45758 ..................... (no date)
459-464 ........................ 9-92
464-1-464-2 ..................... 9-92
Page Number Date
464-2a-464-2j .................... 9:92
464- 364-14 ................... 10-90
465~F72 ... .................. (no date)
47374 ... ..................... 3-8 8
474-1-~74-2 ..................... 3-8 8
47580 ... ..................... 3-88
480-1-480-2 ..................... 9-92
480-3-X80-19 ................... 10-90
Title 17:
481-506/516 .................... 10-93
Title 18:
517 ............................ 2-92
519-5 20 ....................... 10-9 3
521-526 ........................ 3-87
527-528 ........................ 3-88
529-5 32 ........................ 2-93
533-536 ........................ 3-88
537-538 ........................ 3-87
5 39-542 ........................ 2-93
543-546 ........................ 3-87
547-550 ........................ 2-93
550-1 ........................... 2-93
551-564 ........................ 3-87
5 65-5 66 ........................ 2-92
567-568 ....................... 12-93
568~568b ..................... 12-93
568-1-568-3 ..................... 2-92
Title 19:
5 69-5 70 ........................ 4-94
571-574 ........................ 2-93
575-578 ........................ 4-94
579-5 80 ....................... 12-93
5 81-5 82 ........................ 4-94
582-1 ...........................4-94
5 83-5 84 ........................ 2 -9 3
S 85-5 86 ........................ 4-94
5 87-5 8 8 ........................ 2-93
588-1-588-2 ..................... 2-93
588-3-588-6 .................... 12-93
5 8 8- 7-5 8 8 -12 .................... 4-94
111 (Cupertino 5-44)
Page Number Date
588-12a ...... .................. 12-93
5 8 8-13-5 88-16 ................... 2-93
5 88-17-588-22 .................. 12-93
588-22a-588-22c ................. 12-93
588-23-588-24 ................... 2-93
588-25-588-26 .................. 12-93
588-27-588-32 ................... 4-94
588-33-588-34 ................... 2-93
5 88-35-588-38 ................... 4-94
588-39-588-42 ................... 2-93
588-43-588-44 ................... 4-94
588-45-588-48 ................... 2-93
588-49-588-52 ................... 4-94
588-53-588-60 ................... 2-93
588-61-588-62 .................. 12-93
5 88-63-5 88-64 ................... 4-94
588-65-588-66 ................... 2-93
588-67-588-74 ................... 4-94
588-75-588-90 ................... 2-93
588-91-588-94 ................... 4-94
588-95-588-99 .................. 12-93
Tide 20:
588-101 ......................... 2-93
Tables:
5 89-590 ........................ 2-93
591-592 ..................... (no date)
593-594 ........................ 2-93
595-596 ..................... (no date)
597-598 ....................... 12-91
599-600 ........................ 4-94
601-606 ........................ 2-93
607-614 ...................... 12-93
614-1-614-4 .................... 12-93
614-5-614-7 ..................... 5-94
Index:
615-618 ........................ 5-94
619-620 ....................... 10-93
621-622 ........................ 2-93
623-624 ....................... 12-93
625-626 ........................ 4-94
Page Number Date
627-629 ....................... 10-9 3
630-1-630-2 ..................... 9-92
631-632 ........................ 2-93
633-634 ....................... 10-93
635-636 ........................ 2-93
636-1-636-2 ..................... 4-94
637-63 8 ........................ 5-94
638-1 ........................... 9-92
639-640 ........................ 4-94
641-642 ........................ 2-93
642-1 .......................... 12-91
643-644 ....................... 10-93
645-646 ....................... 12-93
647-650 ....................... 10-93
651-652 ........................ 4-94
652-1 ........................... 9-92
653-654 ........................ 2-92
654-1 ........................... 2-92
655-662 ........................ 2-93
663-664 ....................... 10-93
665-670 ....................... 12-93
671-672 ........................ 4-94
673-675 ....................... 12-93
(Qipertino 5-94) 1V
Title 8
ANIMALS
Chapters:
8.01 General Provisions
8.02 Impoundment of ~~nimals
8.03 Dogs and Cats
8.04 (Reserved)
8.05 Animal Establishnnents
8.06 Dangerous Animals
8.07 Beekeeping
8.08 (Reserved)
8.09 Sale of Animals
8.10 (Reserved)
8.11 Horses
183 (Cupertino 5-94)
8.01.010
Chapter 8.01
GENERAL PROVISIONS
Sections:
8.01.010 Definitions.
8.01.020 Chapter not to regulate use of
land.
8.01.030 Animals running at large.
8.01.040 Conditions related only to
seizures of dogs running at
large.
8.01.050 Animal bites, quarantine,
violation and examinations.
8.01.060 Diseased animals.
8.01.070 Dead animals.
8.01.080 Abandoned animals.
8.01.090 Animals in City buildings.
8.01.100 Authority of City Manager and
animal control officer.
8.01.110 Inspection by animal control
officer.
8.01.120 Poisoning and abusing dogs,
cats or other domestic animals.
8.01.130 Public nuisance.
8.01.140 Animals and vehicles.
8.01.150 Reserved.
8.01.160 Use of steel traps in urban
service areas prohibited.
8.01.010 Definitions.
The words and temis used in this chapter shall
have the following meanings unless the context
cleazly indicates otherwise.
A. "Animal" means any live vertebrate creature,
domestic or wild, except fish.
B. "Animal control officer" means any person
authorized to act on behalf of the City Manager in
the enforcement of this chapter, and on behalf of the
County Health Officer in the enforcement of rabies
control laws.
C. "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.
D. "Animal shelter" means a facility operated by
a public jurisdiction or by an accredited tax-exempt
humane organization for the purpose of impounding,
harboring, selling, placing, or destroying seized,
stray, distressed, homeless, abandoned, or unwanted
animals.
E. "Cat" means a domestic cat.
F. "Commercial kennel" means any person
engaged in the commercial breeding of dogs and/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 ken-
nels shall not be considered commercial kennels.
G. "Dangerous animal" means any wild, exotic,
or venomous animal, or other animal which because
of its size, disposition, or other characteristic would
constitute a danger to persons or property.
H. "Dog" means a domestic dog.
I. "Grooming parlor" means any commercial
place where animals are trimmed, bathed, or
groomed.
J. "Health officer" means the director of public
health or any person authorized to act on his or her
behalf.
K. "Horse establishment" any person keeping
three or more horses, donkeys, mules, jack, hinny,
jenny burros, or ponies for any or all of the follow-
ing purposes:
1. For hire to be ridden or driven;
2. For giving riding instructions;
3. For boarding with compensation.
L. "Owner" means any person who acknowledg-
es ownership of an animal or who harbors or keeps
an animal for five or more consecutive days.
M. "Manager or City Manager" means the City
Manager of Cupertino or any person authorized or
designated by the City Manager to act on the City
Manager's behalf.
N. "Person" means any individual, establishment,
firm, association, organization, partnership, trust,
corporation, or company.
185
cc~P~~o s-~a~
8.01.010
O. "Pet shop" means a person who obtains ani-
mals for sale, exchange, barter, or hire to the gener-
al public as a principal or agent, or on consignment,
or who holds himself or herself out to be so en-
gaged.
P. "Private kennel" means a person who main-
tains within or adjoining his or her private residence
three or more dogs over four months of age, or
three or more cats over four months of age, but no
more than a combined total of five dogs and cats;
such animals to be for that person's recreational use
or for exhibition in conformation shows, field or
obedience trials and where the sale of offspring is
not the primary function of the kennel. The mainte-
nance of more than two male dogs or cats used for
breeding purposes for which compensation is re-
ceived, or the parturition and rearing of more than
two litters of dogs or cats in any one calendaz yeaz
from the total number of females owned or main-
tained by that person on the premises, shall be a
rebuttable presumption that such animals are owned
or maintained for the purposes of commercial breed-
ing; and the owner of the premises shall be subject
to the permit requirements of a commercial kennel.
Q. "Quarantine" means isolation of an animal in
a place and manner approved by the health officer.
R.1. "Potentially dangerous dog" means any dog,
except a dog assisting a peace officer engaged in
law enforcement duties, that:
a. Without provocation, inflicts bites on a hu-
man, or a domestic animal while on public or pri-
vate property;
b. Without provocation, chases or approaches
humans or domestic animals or livestock on the
streets, sidewalks or any public grounds in a threat-
ening manner or apparent attitude of attack;
c. Has a known propensity, tendency or disposi-
tion for unprovoked attack, causing injury and
threatening the safety of humans or domestic ani-
mals; or
d. Has been specifically trained to guard persons
and/or property.
2. "Dangerous dog" means any dog, except a
dog assisting a peace officer engaged in law en-
forcement duties, that:
a. Has inflicted severe injury on a human or
domestic animal on public or private property; or
b. Has, after having been designated potentially
dangerous, engaged in the same behavior that result-
ed in that designation. (Ord. 1644 § 2 (part), 1994)
8.01.020 Chapter not to regulate use of
land.
This chapter is not intended to regulate the use
of land. Other provisions of the Cupertino Municipal
Code regulate the number and types of animals and
animal establishments that may be maintained in
specific zoning districts. Nothing in this chapter is
intended to supersede any provision of the City's
Zoning Regulations. (Ord. 1644 § 2 (part), 1994)
8.01.030 Animals running at large.
No person owning or having control of any ani-
mal shall permit such animal to stray or nui at large
upon any public street or other public place, or upon
any private place or property or common area of
any planned development, cluster, townhouse or
condominium project, without the consent of the
owner or person in control thereof. (Ord. 1644 § 2
(part), 1994)
8.01.040 Conditions related only to
seizures of dogs running at large.
A. An animal control officer shall not seize or
impound a dog for running at lazge in violation of
Section 8.03.010 when the dog has not strayed from
and is upon private property owned by the dog
owner or the person who has a right to control the
dog, or upon private property to which the dog
owner or person who has a right to control the dog
has a right of possession.
B. 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
8.03.010, 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 at home, the dog
may be impounded, but the officer shall post a
ccwP~~o s-9a~ 186
8.01.040
notice of such impoundment on the front door of the
living unit of the owner or person who has a right
to control the dog. This notice shall state the follow-
ing: 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.
C. This section shall not otherwise affect the
authority of an animal control officer to sell or im-
pound adog or issue citations as a result of the
violation of Title 8 other than Section 8.01.040.
(Ord. 1644 § 2 (part), 1994)
8.01.050 Animal bites, quarantine,
violation and examinations.
A. Any person having knowledge that any ani-
mal is known to have or is suspected of having
bitten any person shall immediately report that fact
to the animal control division or health officer with
full information with regazd to the incident.
B. Upon receipt of such a report, an animal
control officer will seize and quarantine such animal
for a period of fourteen days or such other period
as may be prescribed by the State Department of
Health The health officer may order the owner to
quazantine the animal on the owner's premises.
C. Any person who fails, refuses or neglects to
quazantine any animal as ordered by the health
officer, a who refuses to allow the health officer to
inspect any private premises where the animal is
kept, is guilty of a misdemeanor. No animal shall be
removed or released during the quarantine period
without written permission of the health officer.
D. The City Manager may charge a fee, as set
forth in a resolution of the City Council or Board of
Supervisors, for the City's and County's costs of
quarantining animals and inspections for quarantine
of animals. Any fee chazged shall be paid by the
owner or person who has legal custody of the ani-
mal. Such a fee shall be in addition to the actual
costs of the health officer in housing, feeding and
otherwise caring for a quarantined animal.
E. The head of any animal that dies or is de-
stroyed while under quarantine shall be submitted
to the laboratory of the County Health Department
for rabies examination. (Ord. 1644 § 2 (part), 1994)
8.01.060 Diseased animals.
A. The owner or person with the right to control
any animal that the person knows to be infected
with any disease transmittable to humans shall not
permit that animal to remain within the County
other than at a veterinary hospital approved by the
health officer, unless the health officer expressly
approves an alternate means of confinement.
B. The animal control officer will seize any ani-
mal to be infected with any disease transmittable to
humans. The animal control officer will keep such
animal in a safe place for a period sufficient to
observe examination and determined whether such
animal is diseased. Animals found to be diseased
may be destroyed. (Ord. 1644 § 2 (part), 1994)
8.01.070 Dead animals.
A. Upon the death of any animal, the owner or
person in charge thereof shall provide for the burial,
incineration, or other disposition of the body of such
animal. If the owner or person in charge of any
dead animal is unable to provide for burial or other
disposition, he or she may request the animal con-
trol officer to dispose of the body of such animal.
B. 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 dispos-
ing of the body of a dead animal, the animal control
officer will give notice to the owner of the animal,
if known, within seventy-two hours of the time that
the dead animal is removed.
C. The City Manager will collect a fee sufficient
to defray the costs incident to removal and disposal
187 (Cupertino 5-44)
8.01.070
of dead animals which shall be paid by the owner
or person in charge thereof, if known; but no fee
shall be charged to the owner or person in charge
of a dead dog or cat if that person has attained the
age of sixty-five years. (Ord. 1644 § 2 (part), 1994)
8.01.080 Abandoned animals.
It is unlawful to abandon any animal in the City
(Ord. 1644 § 2 (part), 1994)
8.01.090 Animals in City buildings.
No person having the control or care of any
animal or animals shall suffer or permit any such
animal to enter or remain in City-owned or managed
buildings other than a building used for the purpose
of care, detention, space control or treatment of
animals, or a building used for training classes,
shows or exhibitions, except persons who are blind
or deaf and who use dogs for guidance, or persons
expressly authorized by the City Manager. (Ord.
1644 § 2 (part), 1994)
8.01.100 Authority of City Manager and
animal control officer.
The City Manager and animal control officer
shall have the following power and authority:
A. To enforce the provisions of this title and
State laws relating to the care, treatment, impound-
ing and destruction of animals.
B. To arrest any person who violates any provi-
sion of this title in the manner provided by Section
836.5 of the Penal Code.
C. Animal control officer to issue citation pursu-
ant to Section 607g of the Civil Code.
D. To act as a public officer pursuant to Food
and Agricultural Code Section 7.
E. The City Manager may formulate rules and
regulations in conformity with and for the purpose
of carrying out the intent of this chapter. Such rules
and regulations shall have the same force and effect
as this ordinance when adopted by the City Council
and any violation shall be deemed an infraction.
F. Pursuant to Civil Code Section 607g, the City
Manager may deputize as an animal control officer
any humane officer of the Humane Society of Santa
Clara Valley. (Ord. 1644 § 2 (part), 1994)
8.01.110 Inspection by animal rnntrol
officer.
A. The City Manager and/or an animal control
officer shall have the power to enter upon and in-
spect any premises where any animal is kept or
harbored when such entry is necessary to enforce
the provisions of this chapter. An inspection or
search warrant will be obtained whenever required
by law.
B. This entry and inspection will be made only
after the occupant of the premises, if any, has been
given written or oral notice of the inspection by the
City Manager and/or an animal control officer. If
the land is unoccupied, the City Manager and/or
animal control officer will make a reasonable effort
to locate the owner or other person having control
of the property before making entry.
C. Notwithstanding the foregoing, if the City
Manager and/or an animal control officer has rea-
sonable cause to believe the keeping or maintaining
of any animal is so hazardous as to require an im-
mediate inspection to save the animal or protect
public health or safety, the City Manager and/or
animal control officer shall have the power to imme-
diately enter and inspect the property with the use
of reasonable force. If the property is occupied in
such a circumstance, the City Manager and/or an
animal control officer will first attempt to notify the
occupant and demand entry. Failure or refusal to
permit such an inspection constitutes a misdemean-
or. (Ord. 1644 § 2 (part), 1994)
8.01.120 Poisoning and abusing dogs, cats
or other domestic animals.
In addition to Penal Code Section 596, it shall be
unlawful 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 domes-
tic animal. Further, it shall be unlawful for any
person to maliciously kill, maim, wound, mutilate,
~cwP~,r~o s-Qa~ 188
8.01.120
torment, torture, or physically abuse any animal.
(Ord. 1644 § 2 (part), 1994)
8.01.130 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 the person having control
of the anunal);
2. Defecate on public property without immedi-
ately removing the excrement to a proper receptacle;
3. Permit an animal to 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 that animal is kept that would cause
odors, attract flies or vermin, or otherwise be injuri-
ous 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.
B. The animal control officer may seize and
impound any animal causing or creating a public
nuisance.
C. A violation of this section is hereby declared
to be a public nuisance.
D. Any private person may maintain an action
under Civil Code Section 3493 for enforcement of
this section declaring certain acts a public nuisance,
if such acts are specifically injurious to that person.
(Ord. 1644 § 2 (part), 1994)
8.01.140 Animals and vehicles.
A. Other than an individual then actually in the
process of working a dog or other animal for ranch-
ing purposes, no person shall transport or carry an
animal in a motor vehicle, unless the animal is
safely enclosed within the vehicle by means of a
container, cage, or other device that will prevent the
animal from falling from, jumping from, or being
thrown from the motor vehicle.
B. No person shall leave any dog or other ani-
mal in an unattended motor vehicle without ade-
quate ventilation or in such a manner as to subject
the animal to extreme temperatures that may ad-
versely affect the health Orwell-being of the animal.
(Ord. 1644 § 2 (part), 1994)
8.01.150 Reserved.
8.01.160 Use of steel traps in urban service
areas prohibited.
No person shall use aleg-hold steel jawed trap,
steel jawed trap, or steel leg-hold trap, as defined in
Fish and Game Code Section 4004, in any urban
service area boundary, as defined in Government
Code Section 56080. (Ord. 1644 § 2 (part), 1994)
189
(Cupertino 5-94)
8.02.010
Chapter 8.02
IMPOUNDMENT OF ANNALS
Sections:
8.02.010 Fees for impounding and
keeping.
8.02.020 Redemption of impounded
animals.
8.02.030 Notification of impoundment.
8.02.040 Disposition of impounded
animals.
8.02.050 Reserved.
8.02.060 Summary seizure and
post-seizure hearing.
8.02.070 Hearing prior to animal
deprivation.
8.02.080 Appeal hearing.
8.02.090 Failure to appeal
impoundment.
8.02.100 Adoption of animals.
8.02.010 Fees for impounding and keeping.
A. An impoundment fee shall be charged to the
owner of animal impounded, in an amount fixed by
resolution of the City Council.
B. In addition, a fee for keeping an impounded
animal shall be chazged in an amount sufficient to
defray the costs of keeping the animal, as deter-
mined by the City Manager. (Ord. 1644 § 2 (part),
1994)
8.02.020 Redemption of impounded
animals.
The City Manager or animal control officer may
pemut 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 chapter. (Ord. 1644 § 2 (part), 1994)
8.02.030 Notification of impoundment.
The animal control officer shall give notice of
impoundment to the owner of every animal im-
pounded, if he or she is known. (Ord. 1644 § 2
(part), 1994)
8.02.040 Disposition of impounded
animals.
A. No animal may be disposed of until seventy-
two hours have elapsed from the time of impound-
ment, exclusive of the day of impoundment and the
days that the impounding 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 au-
thorized personnel to be diseased or injured to the
extent that emergency veterinary care will not allevi-
ate intense suffering will be destroyed in accordance
with all State and County humane laws as soon as
possible. (Ord. 1644 § 2 (part), 1994)
8.02.050 Reserved.
8.02.060 Summary seizure and post-seizure
hearing.
A. Except as provided in Section 8.01.040, 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 health, safety and property; or
2. To protect an animal that is injured, sick, or
starving and should be cared for.
B. Even when the person owning or having the
right to control any animal is present, 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 poten-
tially dangerous or dangerous so as to be a threat to
public health, safety or property. Such seizure or
impoundment may be made even though the animal
is confined at the time of the seizure or impound-
ment.
(cnpaano s-9a> 190
8.02.060
C. If the owner or person with the right to con-
trol the animal wishes to challenge the seizure or
impoundment, he or she shall so advise the City
Manager, in writing, within seventy-two hours after
the seizure or impoundment.
D. The City Manager will promptly set the time
and place for the hearing and will cause notice of
such hearing to be mailed to the requesting party no
later than five days before the hearing.
E. The hearing will be conducted as set forth in
Section 8.02.080. (Ord. 1644 § 2 (part), 1994)
8.02.070 Hearing prior to animal
deprivation.
A. Except as provided in Section 8.02.060, the
City Manager 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 apost-seizure appeal hearing is
scheduled and held as set forth in Section 8.02.080.
B. If the owner or person who has a right to
control an animal refuses to consent to an impound-
ment of his or her animal, the animal control officer
may issue a notice commanding the person to ap-
pear before the City Manager at a set time. Failure
of a person to appear at the hearing may result in
the animal control officer immediately seizing and
impounding the animal. (Ord. 1644 § 2 (part), 1994)
8.02.080 Appeal hearing.
A. At the appeal hearing, the petitioner and the
City may be represented by counsel, may present
oral and written evidence, and may cross-examine
witnesses. Technical rules of evidence shall not
apply. Any relevant evidence may be admitted as
determined by the hearing officer.
B. After submission of all the evidence, and not
more than fifteen days after the hearing, the City
Manager may order the animal released without
conditions, may designate the animal potentially
dangerous or dangerous and order release with con-
ditions, may order the animal destroyed, or may
make other orders as the Manager determines appro-
priately fulfills the needs of the animal and the
safety of the public based on the weight of the
evidence. The decision of the City Manager shall be
final. Any release conditions imposed by the City
Manager, which may include but shall not be limit-
ed to spaying and neutering, shall be solely in the
interest of protecting public health, safety, and prop-
erty. (Ord. 1644 § 2 (part), 1994)
8.02.090 Failure to appeal impoundment.
Any person who fails to appeal any seizure or
impoundment by the animal control officer under
this chapter within seventy-two hours from im-
poundment asspecified in Section 8.02.060 shall
forfeit all rights of ownership and control of the
animal. All rights of ownership and control shall be
transferred to the City. Final disposition of the ani-
mal shall be determined in accordance with the
provisions of this title and State law. (Ord. 1644 §
2 (part), 1994)
8.02.100 Adoption of animals.
A. Any person adopting an unspayed or
unneutered dog or cat from any humane society
animal shelter, public pound or society for the pre-
vention of cruelty to animals shelter in the County
of Santa Clara shall have the animal spayed or
neutered on or before a date specified in the adop-
tion agreement unless a licensed veterinarian states
in writing that the date specified in the adoption
agreement is inappropriate for the animal in ques-
tion. On submission of such written statement to the
person at such shelter or pound 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 pound or 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 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. (Ord. 1644 § 2 (part), 1994)
191
ccwP~o s-sa)
8.03.010
Chapter 8.03
DOGS AND CATS
Sections:
8.03.010 Restraint of dogs.
8.03.020 Maximum number of dogs, cats
or litters.
8.03.030 Vaccination of dogs and cats.
8.03.040 Registration of dangerous dogs.
8.03.050 License required.
8.03.060 License fees.
8.03.070 Issuance of license.
8.03.080 Metal tags.
8.03.090 License period.
8.03.100 Record of licenses.
8.03.110 Presentation of license on
request.
8.03.120 Veterinarian responsibilities.
8.03.010 Restraint of dogs.
A. The owner or person with the right to control
any dog shall keep such dog under his or her own
physical restraint by means of a leash not to exceed
six feet in length, or shall keep such dog confined
behind a fence not less than six feet high.
B. In addition to subsection A of this section, a
sign advising of the presence of a potentially dan-
gerous dog shall be posted at the entrance to every
place wherein any such dog is confined. The sign
shall be capable of being understood by a child with
normal reading skills of a second grader.
C. Notwithstanding subsections A and B above,
the owner or person with the right to control a dan-
gerous dog shall:
1. Keep the dog under his or her own physical
restraint by means of both a leash not to exceed six
feet in length and a muzzling device;
2. Maintain for the dog an enclosed and locked
pen or kennel having secured sides and a secured
top attached to the sides, and having a secure bot-
tom or floor attached to the sides, or with sides
embedded not less than two feet into the ground,
behind a fence not less than six feet high;
3. Ensure that when the dog is in a house, apart-
ment, building or similar structure, that the windows
and doors of same are secured to prevent the dog
from exiting without the assistance of the owner or
person with the right to control such dog; and
4. Post a sign advising of the presence of a
dangerous dog at the entrance to every place where-
in any such dog is confined. The sign shall be capa-
ble of being understood by a child with normal
reading skills of a second grader,
5. It is understood that the provision of subsec-
tion (C)(2), above, shall not apply to the owner or
person with the right to control a dangerous dog
living in an apartment or condominium.
D. Subsection A, B and C of this section shall
not apply to the following:
1. Guide dogs for the blind or deaf while per-
forming their duties;
2. Dogs participating in field or obedience trials
or conformation exhibitions;
3. Dogs assisting their owner/handler in legal
hunting activities or in the herding of livestock;
4. Dogs assisting a security guazd or assisting
a peace officer engaged in law enforcement activi-
ties; 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
and under the direct control of individuals who
assure that they do not violate any other provision
of law.
Violation of this section shall be punishable as a
misdemeanor. (Ord. 1644 § 2 (part), 1994)
8.03.020 Maximum number of dogs, cats
or litters.
A. No person shall keep or maintain more than
two dogs over four months of age. No person shall
keep or maintain more than three cats over four
months of age. In no event shall there be more than
one unspayed cat over four months old and one
unspayed dog over four months of age on any pre-
mises. This restriction shall not apply to premises
maintained by a veterinarian licensed by the State
of California for the practice of veterinary medicine
(cwpe,tino 5-9a) 192
8.03.020
or premises with a valid permit from the City Man-
ager for a private kennel, commercial kennel, pet
shop, animal menagerie, or animal shelter. A female
dog or cat shall be rebuttabiy presumed to be
unspayed unless the owner provides evidence of
spaying. Written certification from a licensed veteri-
narian that an animal cannot be spayed for health
reasons or is incapable of breeding shall be deemed
a satisfactory substitution for a certificate showing
an animal is spayed.
B. No person shall allow the parturition and
rearing of more than one litter of dogs or cats in any
one calendaz year from females owned by him or
her or maintained on his or her premises without a
valid permit from the City Manager for a private
kennel, commercial kennel, or animal shelter. (Ord.
1644 § 2 (part), 1994)
8.03.030 Vaccination of dogs and cats.
Every owner of a dog or a cat over four months
of age shall cause such dog or cat to be vaccinated
with ananti-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. Compli-
ance with the provision of this section shall be a
condition to the issuance or renewal of dog and cat
licenses. Violation of this section shall be punish-
able as amisdemeanor. (Oni. 1644 § 2 (part), 1994)
8.03.040 Registration of dangerous dogs.
A. Every owner of a dangerous dog over four
months of age shall register such 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 confine-
ment facilities for such dogs, shall be fixed by reso-
lution of the City Council.
B. Every owner of a dangerous dog over four
months of age shall obtain a public liability insur-
ance policy from an insurer licensed to practice in
the State of California, asingle-incident amount of
not less than fifty thousand dollars. Such owner
shall give written notice to the City Manager of any
cancellation or material change in such policy at
least thirty days prior to the date of such canceller
lion or material change.
C. Owners of dangerous dogs unable to meet the
requirements of subsection or A or B of this section,
shall surrender the dogs to the City Manager for
humane destruction or other disposition, by discre-
tion of the City Manager.
D. Violation of this section shall be punishable
as a misdemeanor. (Ord. 1644 § 2 (part), 1994)
8.03.050 License required.
No person shall maintain or board any dog or cat
four months of age or older that has not been li-
censed pursuant to the provisions of this title, ex-
cept:
A. A license shall not be required for an animal
owned or under the control of a nonresident of the
City, and that is to be kept in the City for less than
thirty days in any twelve-month period.
B. A license shall not be required for dogs or
cats temporarily brought into the City for entry into
an event, show, or exhibition scheduled not more
than ten days thereafter. (Ord. 1644 § 2 (part),
1994)
8.03.060 License fees.
A. License fees for each dog or cat within the
City, including reduced fees for spayed females or
neutered males, shall be fixed by resolution of the
City Council. Dog and cat license fees shall not be
refundable.
B. The City Manager may require the submis-
sion of acertificate of alicensed 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 biologically incapable
of breeding, prior to issuance of a license of a lesser
fee.
C. A late fee may be chazged in accordance with
other fees and charges adopted by resolution.
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
governmental agencies shall be issued upon request
without change. (Ord. 1644 § 2 (part), 1994)
193 (Cupertino 5-9a)
8.03.070
8.03.070 Issuance of license.
A. Upon payment of the license fee, presentation
of a valid certificate of vaccination by a duly li-
censed doctor of veterinary medicine and when re-
quired, presentation of a dangerous dog registration
and a valid certificate of public liability insurance
from an insurer licensed to practice in the State of
California, the City Manager will issue a license
stating the name and residence of the person to
whom the license is issued. the amount paid, the
date of issuance thereof, the date of expiration of
the vaccination, the date of expiration of the danger-
ous dog registration, the date of expiration of the
public liability insurance, and a description of the
dog or cat for which the license is issued, together
with the number of the metallic tag accompanying
the same.
B. Owners of dangerous dogs shall notify the
City Manager, in writing, of any changes of address
within fourteen days of the date of such change.
C. Notwithstanding subsection A of this section,
the Manager, in the Manager's discretion, may
refuse to issue or renew a license for a period of not
more than two years when such refusal is deemed
reasonably necessary to protect public health, safety
and property. (Ord. 1644 § 2 (part), 1994)
8.03.080 Metal tags.
A. With each dog or cat license, the City Man-
ager will issue a metal tag bearing an identifying
number. 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 or when
it is in a fully enclosed structure in the owners
premises. 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 is
issued. (Ord. 1644 § 2 (part), 1994)
8.03.090 License period.
A. The term of any dog or cat license issued
hereunder shall commence on the date of the issu-
ance of the license and shall terminate six months
or twelve months or twenty-four months from the
date or thirty-six months from date of issue depen-
dent on license fee and or vaccination status ten-
dered.
B. Dog and cat licenses shall be renewed upon
expiration. When a license is renewed after the
expiration date, the new license period shall begin
on the expiration date of the previous period. (Ord.
1644 § 2 (Part), 1994)
8.03.100 Record of licenses.
The City Manager will keep a record of all li-
censes issued by him or her, together with a descrip-
tion of the dog or cat for which such license is
issued. (Ord. 1644 § 2 (part), 1994)
8.03.110 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
dog's or cat's license to that person. (Ord. 1644 §
2 (part), 1994)
8.03.120 Veterinarian responsibilities.
A. Every veterinarian who vaccinates or causes
or directs to be vaccinated in the County any dog
or cat with anti-rabies vaccine shall use a form
provided by the City to certify that such animal has
been vaccinated.
B. Every veterinarian 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 operating a business within
the City of Cupertino shall conspicuously display a
sign to notify dog and cat owners that their animals
must be licensed. (Ord. 1644 § 2 (part), 1994)
(Cupertino 5-9a) 194
8.05.010
Chapter 8.05
ANIMAL ESTABLISHMENTS
Sections:
8.05.010 Permit required.
8.05.020 Application for permit.
8.05.030 Conditions relating to animal
facilities.
8.05.040 Expiration and renewal of
permit.
8.05.050 Inspection.
8.05.060 Denial or revocation of permit.
8.05.070 Appeal from denial or
revocation of permit.
8.05.080 No new permit after denial or
revocation.
8.05.090 Permit not transferable.
8.05.010 Permit required.
No person shall conduct, operate or keep any pet
shop, commercial kennel, private kennel, pet groom-
ing parlor, animal menagerie, animal shelter, or
horse establishment without fast obtaining an appro-
priate permit from the City Manager. The annual
permit fee for the above animal facilities shall be
fixed by resolution of the City Council. (Ord. 1644
§ 2 (part), 1994)
8.05.020 Application for permit.
A. An application for a permit to operate and
keep a pet shop, commercial kennel, private kennel,
pet grooming pazlor, animal menagerie, animal
shelter, horse establishment, or dangerous animal
shall be in writing on a form approved by the City
Manager. The applicant shall famish 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 City Manager may establish regulations
and standards relating to:
1. The maximum number and species of animals
to be kept or maintained on the premises;
2. The construction, sanitation and maintenance
of facilities; and
3. Any other regulations and standards in con-
formity with and for the purpose of carrying out the
intent of this title.
Compliance with such rules and regulations shall
be prerequisite to the issuance and continued validi-
ty of any permit provided pursuant to this title when
approved by the City Council.
C. Permittee 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 City
Manager upon request. (Ord. 1644 § 2 (part), 1994)
8.05.030 Conditions relating to animal
facilities.
Every person who owns, conducts, manages or
operates any commercial kennel, private kennel, pet
shop, pet grooming pazlor, animal menagerie, animal
shelter, or horse establishment shall comply with
each of the following conditions:
A. Housing.
1. Housing facilities for animals shall be struc-
turally 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 con-
tained therein.
2. Every building or enclosure wherein animals
are maintained shall be properly ventilated to pre-
vent drafts and to remove odors; heating and cool-
ing 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, kennel, nu>,s, stalls
and corrals shall be sufficient size to provide ade-
quate and proper accommodation 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. All animal facilities shall be main-
tained and operated at all times in a clean and
sanitary condition, and in a manner that avoids caus-
ing odors or attraction of flies and vermin, and
excessive noise.
C. Care of Animals.
(Cupertino 5-sa) 196
8.05.030
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 those animal(s) in a pas-
ture provided with adequate feed and water, shall be
without attention for more than twenty-four consec-
utive hours. The name, address and telephone num-
ber 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 pre-
mises.
3. All sick, diseased or injured animals shall be
isolated from healthy animals at all times and shall
be given proper medical treatment. The City Manag-
er may order the operator of the facility to immedi-
ately seek licensed veterinarian treatment for any
animal.
4. All animals shall be treated in an humane
manner.
D. Compliance.
1. The City Manager shall have the authority to
enter the animal facility when he or she has reason
to believe that the provisions of the permit, this title
or applicable State law, are being violated. The
failure of the operator to consent to the entry shall
be deemed just cause for the revocation of the per-
mit.
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 origi-
nal or renewal, or for revocation of a permit. (Ord.
1644 § 2 (part), 1994)
8.05.040 Expiration and renewal of permit.
A. Any permit issued under this chapter shall
expire twelve 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 days of the expira-
tion of a permit, or prior thereto, the applicant shall
pay interest and late penalties as proscribed by the
City. (Ord. 1644 § 2 (part), 1994)
8.05.050 Inspection.
As a condition to the issuance or renewal of a
permit under this title, the City Manager or autho-
rized representative shall have the authority to in-
spect ananimal facility subject to this chapter at any
reasonable time. (Ord. 1644 § 2 (part), 1994)
8.05.060 Denial or revocation of permit.
The City Manager may deny or revoke any per-
mit 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 title, 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 viola-
tions in a twelve-month period of this title, or 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 previ-
ous five years. For the purposes of this section, a
bail forfeiture shall be deemed to be a conviction of
the offense charged. (Ord. 1644 § 2 (part), 1994)
8.05.070 Appeal from denial or revocation
of permit.
A. Prior to denial or revocation of a permit, the
City Manager shall notify the applicant in writing
of the intent to deny or revoke the permit, the rea-
sons for such denial or revocation, and that the
applicant may make a written request for a hearing
to the City Manager within five days after receipt
of such notice if the applicant wishes, to challenge
the denial or revocation.
197 (Cupertino 5-Qa)
8.05.070
B. The City Manager shall set the time and place
for hearing and cause notice of such hearing to be
mailed to the person requesting such hearing at least
five days before the date of the hearing. The hearing
shall be conducted according to Section 8.02.080.
(Ord. 1644 § 2 (part), 1994)
8.05.080 No new permit after denial or
revocation.
If a permit has been denied or revoked, the City
Manager will not accept a new permit application
from the same person for the same activity at the
same location less than six months after such denial
or revocation, uNess the applicant shows, and the
City Manager fords, by inspection and/or investiga-
tion, that the grounds upon which the first applica-
tion was denied or the permit revoked no longer
exist. (Ord. 1644 § 2 (part), 1994)
8.05.090 Permit not transferable.
Permits issued pursuant to the provisions of this
chapter shall not be transferable. (Ord. 1644 § 2
(part), 1994)
(Cupertino 5-94) 198
8.06.010
Chapter 8.06
DANGEROUS ANIMALS
Sections:
8.06.010 Permit for dangerous and/or
vicious animals.
8.06.020 Permit denial.
8.06.030 Permit period and fee.
8.06.010 Permit for dangerous and/or
vicious animals.
A. No person shall keep, have, maintain, sell,
trade, or let for hire a dangerous and/or vicious
animal without first obtaining a permit from the
City Manager. The application for a permit, permit
conditions, inspection, denial, revocation, and appeal
shall be in accord with the provisions of this chap-
ter.
B. No pernnit shall be required of any zoo, uni-
versity, college, governmental research agency or
other bona fide scientific instituions, as determined
by the City Manager, engaging in scientific or pub-
lic health research. For the purposes of this title, a
zoo shall be considered any organization that exhib-
its animals to the general public at regular specified
hours, equaling at least thirty hours a week for
thirty-six 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 vicious and/or dangerous
animal shall post at the entrances to the property
where the animal is kept with a legible sign at least
twelve inches square, warning persons of a vicious
and/or dangerous animal. (Ord. 1644 § 2 (part),
1994)
8.06.020 Permit denial.
A. Notwithstanding anything to the contrary, the
City Manager may deny or revoke a permit to keep
or maintain any dangerous animal when, in his or
her opinion:
1. Any such animal may not be kept or main-
tained without endangering the safety of any per-
son(s) or properly; 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 City Manager in his or her discretion
may require any such animal to be properly caged,
tethered, orrestrained inzoo-type facilities that meet
or are in addition to, or more restrictive than, State
guidelines issued under the provisions of Section
671 of Title 14 of the California Code of Regula-
tions and federal standards issued under Chapter 1
of Title 9 of the Code of Federal Regulations.
C. Nothing in this chapter shall be construed to
permit the keeping of dangerous animals where
zoning provisions or State law would prohibit such
keeping. (Ord. 1644 § 2 (part), 1994)
8.06.030 Permit period and fee.
The fee for a permit to keep or maintain one
dangerous animal shall be fifty dollars for a twelve-
month term, and the fee for each additional danger-
ous animal shall be one hundred dollars. The permit
shall expire and be renewable as set forth in Section
8.05.040. (Ord. 1644 § 2 (part), 1994)
199
(Cupertino 5-94)
8.07.010
Chapter 8.07
BEEKEEPING
Sections:
8.07.010 Apiary defined.
8.07.020 Bees deemed.
8.07.030 Hive defined.
8.07.040 Location defined.
8.07.050 Notice required when moving
apiaries.
8.07.060 Location of apiary.
8.07.070 Water supply.
8.07.080 Identification of premises.
8.07.090 Notice, correction of violation.
8.07.100 Penalty, abatement.
8.07.010 Apiary defined.
As used in this chapter, "apiary" means bees,
hives and appliances wherever the same are kept,
located or found. (Ord. 1644 § 2 (part), 1994)
8.07.020 Bees defined.
As used in this chapter, "bees" means honey-pro-
ducing insects of the species apis mellifica, includ-
ing 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. (Ord. 1644 § 2 (part), 1994)
8.07.030 Hive defined.
As used in this chapter, "hive" means any recep-
tacle or container made or prepared for the use of
bees, or a box or similar container of which bees
have taken possession. (Ord. 1644 § 2 (part), 1994)
8.07.040 Location defined.
As used in this chapter, "location" means any
premises upon which an apiary is located. (Ord.
1644 § 2 (part), 1994)
8.07.050 Notice required when moving
apiaries.
No apiary shall be moved into the City without
notice in writing being given to the agricultural
commissioner within five days from the date move-
ment is begun, stating:
A. The number of colonies of bees to be moved
into 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.
(Ord. 1644 § 2 (part), 1994)
8.07.060 Location of apiary.
No apiary shall be located:
A. At a distance less than one thousand feet
from the nearest residence, church, school, public
building, corral or water area in the corral unless the
owner or persons in possession thereof has given
written permission to the location of said 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 from any
public road. (Ord. 1644 § 2 (part), 1994)
8.07.070 Water supply.
A water supply adequate in quantity for the api-
ary should be provided and maintained. (Ord. 1644
§ 2 (part), 1994)
8.07.080 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 persons address and
telephone number, or a statement that the owner or
person has no phone. These signs shall be promi-
nently placed and maintained on each entrance side
of the apiary and immediately adjoining the same
and lettered in black at least one inch in height on
a white or light background. (Ord. 1644 § 2 (part),
1994)
(Cupertino 5-94) 200
8.07.090
8.07.090 Notice, rnrrection of violation.
Any person transporting or maintaining an apiary
who violates any of the provisions of this chapter
may be given verbal or written notice by the agri-
cultural commissioner of the County or any law en-
forcement officer. A written notice shall also be
posted on the location for forty-eight hours, and it
shall be unlawful for the owner or person in posses-
sion of said 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 by law.
(Ord. 1644 § 2 (part), 1994)
8.07.100 Penalty, abatement.
Every person violating any provision of this
chapter who has been given notice thereof as pre-
scribed herein shall be guilty of a misdemeanor.
(Ord. 1644 § 2 (part), 1994)
201
(Cupertino 5-94)
8.09.010
Chapter 8.09
SALE OF ANNALS
Sections:
8.09.010 Sale of cats or dogs.
8.09.020 Immunization.
8.09.030 Return of dog or cat.
8.09.010 Sale of cats or dogs.
No person or establishment other than a licensed
or County-operated animal shelter shall sell, ex-
change or barter any cat or dog under eight weeks
of age. Proof of age of the dog or cat may be re-
quired by the City Manager. Proof of age may in-
clude but not be limited to a certification by a li-
censed veterinarian attesting to the animal's age.
(Ord. 1644 § 2 (part), 1994)
8.09.020 Immunization.
All cats or dogs over eight weeks of age, before
they are sold, shall be immunized against common
disease: in the case of dogs against distemper, in the
case of cats against panleukopenia. 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
parasites that the animal is afflicted with at the time
of transfer of ownership, including treatment and
medication. (Ord. 1644 § 2 (part), 1994)
8.09.030 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 title may, within five 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 congeni-
tal defects, not otherwise disclosed to the purchaser
as required by Section 8.09.020, the purchaser may,
within one 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 find-
ings. 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 purchas-
er for the cost of the animal upon purchaser's offer
to return it, the purchaser may file a complaint with
any judge of the municipal court stating a cause of
action for violation of this section. (Ord. 1644 § 2
(Part), 1994)
203 (Cupertino 5-44)
8.11.010
Chapter 8.11
HORSES
mare lawfully kept on the premises is not counted
in determining the number of pet horses that may be
kept. (Ord. 1644 § 2 (part), 1994)
Sections:
Article I. Generally
8.11.010 Keeping as pets.
8.11.020 Holding amateur horse events.
8.11.030 Land area requirements.
8.11.040 Location of horse facilities.
8.11.050 Structural requirements for
horse barns and shelters.
8.11.060 Limitations on amateur horse
events.
8.11.070 Applications~ontents.
8.11.080 Same-Submission to and
review by health officer.
8.11.090 Same-Notification.
8.11.100 Standards for issuance.
8.11.110 Contents.
8.11.120 Modification or revocation.
8.11.130 Appeal.
8.11.140 Violation infraction.
Article I. Generally
8.11.010 Keeping as pets.
Horses may be kept as pets in any zone in the
City, subject to the regulations of this chapter and
other applicable provisions of the Cupertino Munici-
pal Zoning Code. (Ord. 1644 § 2 (part), 1994)
8.11.020 Holding amateur horse events.
Amateur horse events may be held in any zone
in the City, subject to the zoning regulations of this
chapter and other provisions of the Cupertino Mu-
nicipal Zoning Code. (Ord. 1644 § 2 (part), 1994)
8.11.030 Land area requirements.
On parcels of land having an azea of forty thou-
sand square feet or more, a horse barn or shelter
may be constructed pursuant to the requirements of
this chapter and one pet horse may be kept for each
twenty thousand square feet of area, plus one pet
horse. The foal, under nine months of age, of a
8.11.040 Location of horse facilities.
Regazdless of whether a permit is required for
keeping pet horses:
A. Horse barns and shelters shall be located at
least thirty feet from the reaz and side property
lines, at least twenty-five feet from any dwelling on
the same premises, and at least sixty feet from any
dwelling or swimming pool on adjacent premises if
such dwelling or swimming pool exists when the
horse bam or shelter is built.
B. Corrals and pens shall be located at least
three feet from any property line and at least sixty
feet from any dwelling or swimming pool on adja-
cent property, if such dwelling or swimming pool
exists when the corral or pen is built. (Ord. 1644 §
2 (Part), 1994)
8.11.050 Structural requirements for horse
barns and shelters.
Horse barns and shelters shall meet the following
requirements:
A. They shall not be over twenty-two feet high.
B. All exterior materials shall be nonreflective.
C. All plumbing fixtures shall be served by a
two-inch diameter building drain. Building drains in
excess of two inches in diameter may be approved
by the City upon good cause shown. (Ord. 1644 §
2 (part), 1994)
8.11.060 Limitations on amateur horse
events.
A. Amateur horse events shall not be held on
parcels of land having less than five acres area, nor
for more than twelve days on any single parcel of
land in one calendar yeaz.
B. The keeping of pet horses on the same pre-
mises as, and incidental to the use of asingle-family
residence is allowed without permit. Pet horses may
be kept under other circumstances only when a
permit to keep them has been issued by the City or
when a conditional use permit authorizing them to
;?04-1
(Cupertino 5-94)
8.11.060
be kept has been issued under the rules of the zone
where the parcel is located, if the rules of the zone
provide for a conditional use permit. Amateur horse
events may be held only when a permit for the
specific event has been issued by the City. (Ord.
1644 § 2 (part), 1994)
8.11.070 Applications~ontents.
The City may require that applications for permits
required by this chapter contain plot plans and ele-
vations of any structures, proposed or existing, to
the extent reasonably necessary to show what condi-
tions the animals will be subjected to, and what
effects keeping them, and human activities associat-
ed with their keeping, will have on the community.
(Ord. 1644 § 2 (part), 1994)
8.11.080 Same-Submission to and review
by health officer.
The City shall promptly send a complete copy of
any application for a permit required by this divi-
sion to the health officer for review and shall not
issue a permit until the City Manager receives and
considers the advice of the health officer. (Ord.
1644 § 2 (part), 1994)
8.11.090 Same-Notification.
At least ten days before granting any application
for a permit required by this division, the City shall
give written notices describing the application. The
notice shall be posted in one location readily visible
to the public on, or reasonably near to the parcel of
land where the animals are proposed to be kept, and
mailed addressed to the owner of each other parcel
of land any part of which is within three hundred
feet of the parcel of land where the animals are
proposed to be kept. The mailed notices shall be
addressed to the owners of neighboring parcels as
shown on the latest County equalized assessment
roll. (Ord. 1644 § 2 (part), 1994)
8.11.100 Standards for issuance.
The City Manager will issue a permit for keeping
pet horses other than on the same premises as, and
incidental to the use of asingle-family residence, or
for holding an amateur horse event if the City Man-
ager finds, after taking into account:
A. The size and location of the premises where
the horses would be kept or the event held,
B. The character of the neighborhood,
C. The number of horses involved,
D. The facilities existing and to be provided on
the premises,
E. In appropriate instances, the provision for
parking for guests or spectators so that the horses
will be treated safely and humanely and that there
will be no adverse effects on the safety or health of
persons and that there will be no detrimental effect
on or change of character of the neighborhood, nor
any disturbance of persons in the peaceful enjoy-
ment of their property. If the City Manager does not
so find, the permit shall not be issued. (Ord. 1644
§ 2 (pact), 1994)
8.11.110 Contents.
The City Manager may include such conditions
in the permit as are reasonably necessary to assure
that the standards of Section 8.11.070 are met.
When the permit is for an event, it shall specify the
date of the event. When reasonably necessary to
fulfill the standards of Section 8.11.070, the permit
shall contain an expiration date, and specify the
terms, if any, on which renewal will be permitted.
(Ord. 1644 § 2 (part), 1994)
8.11.120 Modification or revocation.
A. At any time when the City Manager has
reasonable cause to believe that a permit issued
under this article ought to be modified or revoked,
the City Manager shall give mailed notice to the
pennittee and the owners of neighboring land speci-
fied in Section 8.11.090, in the manner specified in
Section 8.11.090, for mailed notice, except that such
notice period shall be fifteen days. Before modifying
or revoking a permit, the City Manager shall
consider all evidence presented by the permittee and
any other person.
B. The City Manager shall revoke or modify a
permit when the City Manager finds that such revo-
cation or modification is necessary to amend the
ccwp~~o s-9a~ 204-2
8.11.120
standards specified in Section 8.11.090. (Ord. 1644
§ 2 (P~), 1 ~)
8.11.130 Appeal.
Any interested person may appeal a decision of
the City Manager under this chapter by filing an
appeal with the City Council in the manner provided
in Section 8.02.080 of the Municipal Code. (Ord.
1644 § 2 (part), 1994)
8.11.140 Violation infl action.
Violation of any provision of this title constitutes
an infraction punishable as provided in Section 1.12
of the City's ordinance code. (Ord. 1644 § 2 (part),
1994)
:?04-3
~~P~~o s-say
9.04.120
9.04.120 Meat Manufacturing
requirements.
It is unlawful for any person, fine or corporation,
or agent or employee of any person, firm or corpo-
ration to sell, offer for sale, distribute or have in
possession for sale or distribution in the City any
sausage or other meat food product unless the same
has been manufactured or prepared in accordance
with the laws of the State. (Ord. 4 Art. 2 § 11,
1955)
9.04.130 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 4
Art. 2 § 13, 1955)
209
cc~P~~o s-4a>
9.06.010
Chapter 9.06 9.06.190 Off-site massage permit-
Criteria.
MASSAGE ESTABLISHMENTS 9.06.200 Suspension or revocation-
AND SERVICES Grounds.
9.06.210 Suspension or revocation-
Sections: Notice-Hearing.
9.06.010 Purpose of provisions. 9.06.220 Appeals.
9.06.020 Definitions. 9.06.230 Display of permit licenses.
9.06.030 Exemptions. 9.06.240 Inspection by officials.
9.06.040 Massage establishment 9.06.250 Violation-Public nuisance.
license-Required. 9.06.260 Violation-Penalty.
9.06.050 Massage establishment 9.06.270 Continuing violations-
license-Application. Alternative remedies.
9.06.060 Massage establishment 9.06.280 Severability clause.
license-Application fee.
9.06.070 Massage establishment 9.06.010 Purpose of provisions.
license-Grounds for denial. A. It is the purpose and intent of this chapter to
9.06.080 Massage establishment provide for the orderly regulation of massage thera-
employees-Permit pists and massage establishments as defined in this
requirements. chapter in the interest of public health, safety and
9.06.090 Massage therapist permit- welfare by providing certain minimum qualifications
Application. for the operators of massage establishments, mas-
9.06.100 Massage therapist permit- sage therapists, and massage therapist trainees. This
Application fee and renewal. chapter is adopted based on the following findings:
9.06.110 Massage therapist permit- 1. That the City of Cupertino has recognized the
Criteria for issuance. field of massage therapy as a viable professional
9.06.120 Massage therapist trainee field;
permit-Application. 2. That the City of Cupertino wants to recognize
9.06.130 Massage therapist trainee and respect professional massage therapy organiza-
permit-Application fee and lions and qualified professionals;
renewal. 3. The City of Cupertino also finds that the
9.06.140 Massage therapist trainee rules and regulations as developed in this chapter
permit-Criteria for issuance. strive for equality of all massage organizations and
9.06.150 Massage therapist trainee- therapists while attempting to prevent serious objec-
Scope of employment activities. tionable characteristics which massage parlor estab-
9.06.160 Annual medical examination lishments may have created in the past.
for massage therapist and B. It is intended that massage therapy is a pro-
trainees. fession of the healing arts and subject to all zoning
9.06.170 Massage therapist, massage ordinances and regulations as may be required for
therapist trainee permit- professional uses.
Grounds for denial. C. It is also intended that massage uses not
9.06.180 Off-site massage permit- regulated or exempted by this chapter are considered
Application. massage parlors thus regulated by the provisions in
Chapter 19.104 regulating adult-oriented commen;ial
activities. (Ord. 1606 § 1, 1992)
~a,p~n~o s-~a~ 210
9.06.020
9.06.020 Definitions.
For the purpose of this chapter, unless the context
clearly requires a different meaning, the words are
termed and phrased as set forth in this section and
shall have the meaning given them in this section:
A. "Corporate massage" means any massage of
the neck, arms, shoulders and back area above the
waist where the client is fully clothed and done
without the use of supplementary aids, such as
rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similar prepara-
tions commonly used in this practice.
B. "License" means a license to operate a mas-
sage establishment as required by this chapter.
C. "Massage" means any method of pressure on
or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating the ex-
ternal parts of the human body with the hands or
with any mechanical or electrical apparatus or other
appliances or devices with or without such supple-
mentary aides as rubbing alcohol, liniment, antisep-
tic, oil, powder, cream, lotion, ointment or other
similar preparations.
D. "Massage establishment" means any licensed
establishment having a fixed place of business
where any individual, firm, association, partnership,
corporation, joint venture, or a combination of indi-
viduals engages in, conducts, carries on or pernits
to be engaged in, conducted or carried on for con-
sideration, massages or health treatments involving
massages as primary functions.
E. "Massage therapist" or "Massage therapist
trainee" means any person who has been granted a
permit pursuant to this chapter and who administers
massages, baths or health treatments involving mas-
sages or baths as the principal function to another
person for any compensation whatsoever, and meet-
ing the certain requirements established by this
chapter.
F. "Off-site massage" means the engaging in or
carrying on of massage for consideration at a loca-
tion other than a licensed massage establishment.
G. "Permit" means a permit to engage in activi-
ties of a massage therapist or massage therapist
trainee as required by this chapter.
H. "Person" means any individual, firm, associa-
tion,partnership, corporation, joint venture, or com-
bination of individuals.
I. "Recognized school of massage" means any
school or institute of learning which:
1. Teaches the theory, ethics, practice, profes-
sion and work of massage;
2. Requires a residence course of study of not
fewer than one hundred hours to be given in not
more than three calendar months before the student
is furnished with a diploma or certificate of grad-
uation. from such school or institution of Teaming
following the successful completion of such course
of study or learning; and
3. Has been approved pursuant to California
Education Code Section 94311 or, if the school is
not located in California, has complied with stan-
dardscommensurate with those required in said Sec-
tion 94311;
4. Any school or institution of learning offering
or allowing correspondence course credit not requir-
ing actual attendance at class, or courses of massage
therapy not approved by the California Department
of Education shall not be deemed a recognized
school of massage.
J. "Residential massage" means engaging in or
carrying on of massage at a residence where the
client either owns or rents the residence.
K. "State or nationally chartered organization
devoted to the massage specialty and the therapeutic
approach" means an organization which the City
Manager, or designated employee, determines meets
the following requirements:
1. The organization or association requires that
its members meet minimal educational requirements.
The educational requirements must include at least
two hundred fifty classroom hours, or its equivalent,
in anatomy, physiology, hygiene, sanitation, mas-
sage therapy and practice, and ethics of massage
practice;
2. The organization or association encourages
participation in continuing education programs;
3. The organization or association has estab-
lished rules of ethics and has enforcement proce-
Z10-1
(Cl~pertino 5-94)
9.06.020
dures for the suspension and revocation of member-
ship of persons violating the rules of ethics; and
4. The organization is open to members of the
general public meeting the requirements for mem-
bership on either a statewide or national basis. (Ord.
1643 (part), 1994; Ord. 1616, 1993; Ord. 1606 § 2,
1992)
9.06.030 Exemptions.
A. A massage establishment license shall not be
required for the following persons while engaging
in the performance of the duties of their respective
professions:
1. Physicians, surgeons, chiropractors or osteo-
paths who are duly licensed to practice their respec-
tive professions in the State of California while per-
fornung activities encompassed by such professional
licenses;
2. Massage therapists and massage therapist
trainees while performing massage in the offices of
a licensed physician, surgeon, chiropractor, or osteo-
path and while under the direct supervision and
medical recommendation of such licensed medical
professional;
3. Nurses or physical therapists who are duly li-
censed to practice their professions in the State of
California while performing activities encompassed
by such professional licenses;
4. Trainers of any amateur, semiprofessional or
professional athlete or athletic team;
5. Barbers or cosmetologists who are duly li-
censed under Division Six of the State of Califor-
nia's Business and Professions Code on performing
a massage within the scope of the license and for
which no separate or increased prices are charged;
6. Massage therapists who perform massages
which are clearly incidental to the operation of a
personal fitness training center, gymnasium or health
club may be permitted through the use permit for
those operations as required in Chapters 19.56 and
19.72 of the Cupertino Municipal Code. The mas-
sage therapist described in this category will be
required to obtain a massage therapist permit as set
forth in this chapter.
B. This chapter shall not apply to individuals ad-
ministering massages or health treatment involving
a massage to persons participating in singular oc-
current recreational events provided the following
conditions are met:
1. Massage services are made equally available
to all participants in the event;
2. The event is open to participation by the
general public or significant segment of the public
such as employees of sponsoring or participating
corporations;
3. The massage services are provided at the site
of the event either during, immediately preceding or
immediately following the event;
4. The sponsors of the event have been advised
of and have approved the provisions of massage
services;
5. The persons providing the massage services
are not the primary sponsors of the event. (Ord.
1606 § 3, 1992)
9.06.040 Massage establishment license-
Required.
It is unlawful for any person to engage in, con-
duct or carry on in or upon any premises within the
City the operation of a massage establishment with-
out amassage establishment license obtained from
the City Manager. In addition to a City business
license, a separate establishment license shall be
obtained for each separate massage establishment
operated by such person. A massage establishment
license shall be issued to any person who has com-
plied with the requirements of this chapter and all
other applicable provisions of this code unless
grounds for denial of such license exist. The posses-
sion of a valid massage establishment license does
not authorize the possessor to perform work for
which a massage therapist permit or massage thera-
pisttrainee permit is required. (Ord. 1606 § 4, 1992)
9.06.050 Massage establishment license-
Application.
Any person desiring a license to operate a mas-
sageestablishment shall submit an application to the
City Manager. Within forty-five working days fol-
cc~P~~o s-4a> 210-2
9.06.050
lowing receipt of the completed application, the City
Manager shall either issue the permit or ..mail a
written statement of the reasons for denial thereof
by certified mail. The application shall set forth the
exact nature of the massage, bath or health treatment
to be administered, location of the proposed place
of business and facilities thereof, and the name and
address of each applicant. The City Manager may
request the applicant to furnish fingerprints when
needed for the purpose of establishing identification
or criminal record. In addition, any applicant shall
furnish the following information;
1. The previous address of the applicant for a
period of three years immediately prior to the date
of the application and the dates of each residence;
2. Written proof that the applicant is at least
eighteen years of age;
3. Business, occupation or employment history
of the applicant for three years immediately preced-
ing the date of application;
4. If the applicant is a corporation, the names of
the corporation shall be set forth exactly as shown
in its articles of incorporation together with names
and resident addresses of each of the officers, direc-
tors and each stockholder holding more than five
percent of the stock of the corporation. If the appli-
cant is a partnership, the application shall set forth
the name and residence address of each of the part-
ners, including limited partners. If one or more of
the partners is a corporation, the provisions of this
section pertaining to a corporate applicant shall
apply;
5. Such other information as may be deemed
necessary by the City Manager. (Ord. 1643 (part),
1994; Ord. 1606 § 5, 1992)
by the Cupertino Municipal Code. (Ord. 1606 § 6,
1992)
9.06.070 Massage establishment license-
Grounds for denial.
A massage establishment license may be denied
by the City Manager if one or more of the following
are found:
1. That the applicant made a material misstate-
ment in the application for a license;
2. That the applicant or any officers or directors
of the applicant has, within five years immediately
preceding the date of filing the application, been
convicted in a court of competent jurisdiction of an
offense involving conduct which requires registra-
tion under California Penal Code Section 290 or any
violations of Sections 311 through 311.7, 313.1,
314, 315, 316, 318 or 647a, 647b, 647d or 647h of
the California Penal Code, or of any offense involy-
ing theft of property or violence;
3. That the operation of a massage establishment
as proposed by the applicant, if permitted, would
not comply with all applicable laws including but
not limited to all City ordinances and regulations;
4. That the operation of the proposed massage
establishment is likely to be a hindrance to the
health, safety, welfare or interest of the people of
the City;
5. That the applicant is lacking in the back-
ground qualifications to conduct a bona fide mas-
sage establishment;
6. That the applicant has violated any provision
of this chapter or any similar law, rule or regulation
of another public agency which regulates the opera-
tion of massage establishments. (Ord. 1606 § 7,
1992)
9.06.060 Massage establishment license-
Application fee.
Any application for a license to operate a mas-
sage establishment shall be accompanied by a
nonrefundable fee, as established by resolution of
the City Council. The application fee shall be used
to defray the cost of investigation and report, and is
not made in lieu of any other fees or taxes required
9.06.080 Massage establishment
employees~Permit requirements.
It is unlawful for any licensed massage establish-
ment to allow any employee to perform massage,
bath or health treatment for any compensation unless
the employee holds a massage therapist permit or
massage trainee permit. (Ord. 1606 § 8, 1992)
210-3
(Cupertino 5-94)
9.06.090
9.06.090 Massage therapist permit-
Application.
A. Any person desiring a permit to act as a mas-
sage therapist shall submit an application to the City
Manager. Within forty-five working days following
receipt of the completed application, the City Man-
ager shall either issue the permit or mail a written
statement for the reasons for denial thereof by certi-
fied mail. If the City Manager takes neither action
the permit shall be deemed to be issued. The City
Manager may request the applicant to furnish finger-
prints when needed for the purpose of establishing
identification.
B. In addition the applicant shall furnish the
following information:
1. Name, resident address, telephone number,
social security number, and driver's license number,
2. Written evidence that the applicant is at least
eighteen years of age;
3. Business occupation, or employment of the
applicant for the three years immediately preceding
the date of application;
4. The name and address of the establishment
where the applicant is to be employed and the name
of the owner and/or operator of the same. A mas-
sage therapist granted a permit pursuant to this
section must report a change in massage establish-
ment employment within five days of such change;
5. Certificate from a medical doctor stating that
the permittee, has within thirty days immediately
prior to the filing of the application, been examined
and found to be free of any contagious or communi-
cable disease capable of being transmitted to the
public or fellow employees by the type of conduct
and interaction with the public and fellow employ-
ees involved in the performance of conducting a
massage;
6. Prior to issuance of permit, the name and
address of a recognized school of massage attended,
the date attended and a copy of the diploma or
certificate of graduation awarded the applicant,
showing completion of not fewer than five hundred
hours of instruction or written and verified proof
that the applicant has at least five hundred hours'
experience in professional work and method of
massage as of the effective date of the ordinance
codified in this chapter. (Ord. 1643 (part), 1994;
Ord. 1606 § 11, 1992)
9.06.100 Massage therapist permit-
Application fee and renewal.
A. Any application for a massage therapist per-
mit shall be accompanied by a nonrefundable fee as
established by resolution of the City Council. A
massage therapist permit shall be renewed every five
years, and a renewal fee shall be paid. The applica-
tion fee shall be used to defray the cost of investiga-
tion and report, and is not made in lieu of any other
fees or taxes required by the Cupertino Municipal
Code.
B. Any qualified massage therapist who applies
for a massage establishment license shall not be
required to pay the fee required in this section but
shall be required to furnish the materials, informer
tion and fees set forth in Sections 9.06.090 and
9.06.110. (Ord. 1606 § 9, 1992)
9.06.110 Massage therapist permit-
Criteria for issuance.
A massage therapist permit shall be issued to a
person who meets the following criteria:
A. Is a member in good standing of a State or
nationally chartered organization devoted to the
massage specialty and therapeutic approach;
B. Has completed one of the following require-
ments:
1. Five hundred hours of instruction in a mas-
sage specialty and therapeutic approach at a recog-
nized school of massage,
2. Two hundred fifty hours of such instruction
and an additional five hundred documented hours of
practical experience in a massage specialty and
therapeutic approach in one or a combination of the
following:
a. A primary office of and under the duect
supervision of a medical professional licensed by the
State of California. Specifically a physician, sur-
geon, chiropractor, osteopath, physical therapist or
nurse, while such medical professional is performing
activities encompassed by such license and is physi-
ccupertinc s-9a> 210-4
9.06.110
cally on the premises where the massage therapy is
being administered,
b. Continuing education classes or seminars in
the field of massage therapy offered by a recognized
school of massage,
c. As a permitted massage therapist trainee
working under direct supervision of a permitted
massage therapist;
3. Has passed an independently prepared and
administered national certification exam which has
been recognized by objective standards to fairly
evaluate professional level, skill, safety and compe-
tence asdetermined bythe National Commission for
Certifying Agencies (NCCA). (Ord. 1606 § 10,
1992)
9.06.120 Massage therapist trainee
permit-Application.
Any person desiring a penmit to act as a massage
therapist trainee shall submit an application to the
City Manager. Within forty-five working days fol-
lowing receipt of the completed application, the City
Manager shall either issue the permit or mail a
written statement of the reasons for denial thereof
by certified mail. If the City Manager takes neither
action the permit shall be deemed to be issued. A
massage therapist trainee permit shall be issued to
any person who:
1. Has fulfilled the requirements of Section
9.06.090; and
2. Produces written proof that the applicant is
currently enrolled in a recognized school of massage
as defined in this chapter, the date of application
enrolled in the recognized school of massage and
the scheduled date of graduation; and
3. Has completed at least one hundred hours of
instruction and the date this instruction was complet-
edprovided that the applicant submits a letter signed
by the owner or manager of a licensed massage
establishment stating the immediate intent to employ
the applicant to do massage as a trainee working
under the direct supervision and control of a
massage therapist who has received a permit under
the provisions of this chapter. (Ord. 1643 (part),
1994; Ord. 1606 § 14, 1992)
9.06.130 Massage therapist trainee
permit-Application fee and
renewal.
Any application for a massage therapist trainee
permit shall be accompanied by a nonrefundable fee
as established by resolution of the City Council. A
massage therapist trainee permit shall be valid for
one yeaz as required by Section 9.06.150. )f renewal
is requested, a renewal fee shall be paid. The appli-
cation fee shall be used to defray, in part, the cost
of investigation and report, and is not made in lieu
of any other fees or taxes required by the Cupertino
Municipal Code. (Ord. 1606 § 12, 1992)
9.06.140 Massage therapist trainee
permit-Criteria for issuance.
A massage therapist trainee permit may be issued
to a person who is currently enrolled at a recognized
school of massage for instruction in the massage
specialty and therapeutic approach and who has
completed at least one hundred hours of instruction.
(Ord. 1606 § 13, 1992)
9.06.150 Massage therapist trainee-Scope
of employment activities.
The trainee permit shall allow students to work
in a massage establishment under the supervision
and direction of a massage therapist who has re-
ceived apermit issued under the provisions of this
chapter, provided, however, no licensed massage
therapist shall be permitted to supervise more than
four persons issued a trainee permit. A trainee per-
mit shall expire one yeaz from the date of issuance
and shall not be renewed unless good cause is
shown by the applicant for such renewal. The train-
ee must at all times comply with the laws relating
to massage establishments. The failure to comply
may render the trainee ineligible to obtain a massage
therapist permit. Any massage therapist trainee who
during the life of a trainee permit completes the
instruction required for a massage therapist shall be
issued a massage therapist permit. (Ord. 1606 § 16,
1992)
210-5 cc~p~,ano s-9a>
9.06.160
9.06.160 Annual medical examination for
massage therapist and trainees.
A. Any person who has been issued a massage
therapist or massage therapist trainee permit shall
file with the City Manager each yeaz within thirty
days of the anniversary date of the issuance of the
pemut an updated certificate from a medical doctor
stating that the permittee, has within thirty days
immediately prior to the filing of the certificate,
been examined and been found to be free of any
contagious or communicable disease capable of
being transmitted to the public or fellow employees
by the type of conduct and interaction with the
public and fellow employees involved in the per-
formance of conducting a massage.
B. It is unlawful for any person who has neglect-
ed, failed, or refused to file a certificate required by
subsection 9.06.160A of this section to act as a mas-
sage therapist or massage therapist trainee. Failure
to submit the required certificate shall be grounds
for revocation of the permit. (Ord. 1606 § 15, 1992)
9.06.170 Massage therapist, massage
therapist trainee permit-
Grounds for denial.
A. It is unlawful for any person to act as mas-
sage therapist or massage therapist trainee unless
such person holds a valid permit issued by the City
Manager. The massage therapist or massage thera-
pisttrainee permit shall be issued to any person who
has fulfilled the requirements of this chapter and all
applicable provisions of this code unless grounds for
denial of such permit are found to exist. The City
Manager may deny a permit if one or more of the
following are found:
1. That the applicant has made a material
misstatement in the application for a permit;
2. That the applicant has, within three years
immediately preceding the date of the filing of the
applications been convicted in a court of competent
jurisdiction of an offense involving conduct which
requires registration under California Penal Code
Section 290 or any violations of Sections 311
through 311.7, 313.1, 314, 315, 316, 318, or 647a,
647b, 647d or 647h of the California Penal Code,
or of any offense involving theft of property or
violence;
3. That the issuance of a permit is likely to be
a hindrance to the health, safety, welfare or the
interest of the people of the City;
4. That the applicant is lacking in the back-
ground qualifications to act as a massage therapist
or massage therapist trainee;
5. That the applicant has violated any provision
of this chapter or any similaz ordinance, law, rule or
regulation of another public agency which regulates
the operation of massage establishments or massage
technicians. (Ord. 1606 § 17, 1992)
9.06.180 Off-site massage permit-
Application.
An off-site massage permit may be issued to a
Cupertino licensed massage therapist only. In addi-
tion to the permitting criteria for massage therapist,
as required in .Sections 9.06.090, 9.06.110, and
9.06.160, an applicant must provide a list of all
businesses and residences where the applicant will
be performing off-site massage. (Ord. 1643 (part),
1994)
9.06.190 Off-site massage permit-
Criteria.
Off-site massage may be performed only under
the following criteria:
A. Corporate.
1. The massage treatment shall consist of "cor-
porate" massage only as defimed in Section
9.06.020.
2. Off-site "corporate" massage clients shall be
owners and employees of the business at which the
massage therapist will be performing massage.
B. Residential.
1. The massage treatment shall consist of "resi-
dential" massage only as defined in Section
9.06.020.
2. "Residential" massage clients must possess a
referral from a licensed chiropractor or physician to
the effect that treatment in a licensed massage estab-
lishment is not recommended. A record of every
such referral shall be obtained and kept by the per-
cc~P~~o s-sa> 210-6
9.06.190
son rendering the services for a period of one year
from date of referral. Such record shall show the
name and address of the doctor, the date and any
prescription number. (Ord. 1643 (part), 1994)
9.06.200 Suspension or revocation-
Grounds.
Any license or permit issued under this chapter
may be suspended or revoked by the City Manager
for any reason which would justify the refusal to
grant a license or permit originally. (Ord. 1643
(part), 1994; Ord. 1606 § 18, 1992)
9.06.210 Suspension or revocation-
Notice-Hearing.
The holder of the license or permit shall be given
prompt notice of revocation or suspension of the
license or permit and shall immediately desist from
engaging in the activity. The notice shall fix a time
and place, not less than five or more than thirty
days after service thereof, at which time the holder
of the license or permit may appear before the City
Manager and be granted a hearing upon the merits
of such suspension or revocation. If after such hear-
ing the license or permit is ordered revoked, the
holder shall have the right to appeal such action to
the City Council in accordance with Section
9.06.200 of this chapter. (Ord. 1643 (part), 1994;
Ord. 1606 § 19, 1992)
9.06.220 Appeals.
Any person whose license or permit has been de-
nied, suspended, or revoked may appeal the admin-
istrativedecision ofthe City Manager, or designated
representative, by filing a written notice of appeal
with the City Clerk within five working days after
receipt of notice of the decision. Such appeal shall
be heard by the City Council, which may affirm,
amend or reverse the order, or take other action
deemed appropriate. The Clerk shall give written
notice of the time and place of the hearing to the
appellant and any other person requesting notice. In
conducting the hearing, the City Council shall not
be limited by the technical rules of evidence. (Ord.
1643 (part), 1994; Ord. 1606 § 20, 1992)
9.06.230 Display of permit licenses.
The owner or operator of massage establishment
shall display a massage establishment license and
the permit for each and every massage therapist or
massage therapist trainee employed in the establish-
ment, in an open and conspicuous place on the
premises. (Ord. 1643 (part), 1994; Ord. 1606 § 21,
1992)
9.06.240 Inspection by officials.
Any and all investigating officials of the City of
Cupertino shall have the right to enter massage
establishments from time to time during regular
business hours to make reasonable inspections to
observe and enforce compliance with building, fire,
electrical, plumbing, or health regulations, and to
ascertain compliance with the provisions of this
chapter. A warrant shall be obtained whenever re-
quired by law. (Ord. 1643 (part), 1994)
9.06.250 Violation-Public nuisance.
Violations of any provisions of this chapter con-
stitutes apublic nuisance which may be abated
pursuant to Chapter 1.09 of the Cupertino Municipal
Code. (Ord. 1643 (part), 1994; Ord. 1606 § 23,
1992)
9.06.260 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of the Cupertino Municipal Code.
(Ord. 1643 (part), 1994; Ord. 1606 § 22, 1992)
9.06.270 Continuing violations-
Alternative remedies.
Nothing in this chapter shall be deemed to pre-
vent the City Council from directing the City
Attorney to commence civil action to enjoin the
continued violation of any provisions of this chapter
or to abate a nuisance, as an alternative, or in
conjunction with any other civil or criminal pro-
ceedings provided for herein. (Ord. 1643 (part),
1994; Ord. 1606 § 24, 1992)
:? 10-7
(Cupertino 5-94)
9.06.280
9.06.280 Severability clause.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
The legislative body hereby declares that it would
have passed the ordinance codified in this chapter
and each section, subsection sentence, clause or
phrase thereof, irrespective of the fact that any one
or more sections, subsections sentences, clauses or
phrases be declared unconstitutional. (Ord. 1643
(part),1994; Ord. 1606 § 25, 1992)
cc~p~~;,~o s-sa> 210-8
9.08.010
Chapter 9.08
WEED ABATEMENT*
Sections:
9.08.010 Weeds as public nuisance.
9.08.020 Resolution declaring nuisance.
9.08.030 Form of notice.
9.08.040 Mailing of notices by Fire
Marshal.
9.08.050 Hearing.
9.08.060 Order to abate nuisance.
9.08.070 Account and report of cost.
9.08.080 Notice of report.
9.08.090 Hearing and confirmation.
9.08.100 Collection on tax roll.
9.08.110 Duty to notify City of
improvements, time, waiver of
rights, nonliability of City.
9.08.120 Urgency.
• For provisions regarding the authority of the City Council to
provide for weed abatement, see Gov. Code $ 39501 et seq.
9.08.010 Weeds as public nuisance.
A. No owner, agent, or lessee or other person
occupying or having charge or control of any build-
ing, lot, or premises within the City shall permit
weeds to remain upon the premises or public side-
walks or streets or alleys between the premises and
the center of the line of any public street or alley.
B. "Weeds," as used in this chapter, means all
weeds growing upon streets, alleys, sidewalks, or
private property in the City and includes any of the
following:
1. Weeds which bear or may bear seeds of a
downy or wingy nature;
2. Weeds and indigenous grasses which may
attain such large growth as to become a fue menace
to adjacent improved property;
3. Weeds which are otherwise noxious or dan-
5. Accumulations of garden refuse, cuttings, and
other combustible trash.
C. Every property owner shall remove or destroy
such weeds on his property and in the abutting half
of any street or alley between the lots lines as ex-
tended. Two discings per year shall be considered
a minimum standard, plus chemical spraying as
required. (Ord. 724 (part), 1976)
9.08.020 Resolution declaring nuisance.
Whenever any weeds are growing upon any pri-
vate property or properties or in any street or alley
within the City, the City Council shall pass a resolu-
tion declaring the same to be a public nuisance and
order the County Fire Marshal to give notice of the
passage of such resolution as provided in this chap-
ter, and state therein that, unless such nuisance is
abated without delay by the destruction or removal
of such weeds, the work of abating such nuisance
will be done by the County Fire Marshal, and the
expense thereof assessed upon the lots and lands
from which, and/or in the front and rear of which,
such weeds have been destroyed or removed. Such
resolution shall fix the time and place for hearing
any objections to the proposed destruction or remov-
al of the weeds. (Ord. 724 (part), 1976)
9.08.030 Form of notice.
The notice provided for in Section 9.08.020 shall
be substantially of the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on ,
19 ,pursuant to the provisions of Section _
of the Municipal Code, the City Council passed a
resolution declaring that all weeds growing upon
any private property or in any public street or alley,
as defined in Section of the City's Municipal
Code, constitute a public nuisance, which nuisance
gerous;
4. Poison oak and poison ivy when the condi-
tions of growth are such as to constitute a menace
to the public health;
:~ 10-9
(Cupertino 5-44)
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle
within any parkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall park
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall park a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1605, 1992; Ord. 1589, 1992; Ord.
1578,1992; Ord. 1577,1992; Ord. 1564,1991; Ord.
1562, 1991; Ord. 1553, 1991; Ord. 1547 (pazt),
1991; Ord. 1521, 1990; Ord. 1467,1988; Ord. 1455,
1988; Ord. 1454,1988; Ord. 1446, 1988; Ord. 1439,
1988; Ord. 1428, 1987; Ord 1423, 1987; Ord. 1419
(part), 1987; Ord. 1409 (part), 1987; Ord. 1405
(part), 1987; Ord. 1397, 1987; Ord. 1395, 1986;
Ord. 1390 (part), 1986; Ord. 1388,1986; Ord. 1357,
1986; Ord. 1351, 1986; Ord. 1338, 1986; Ord. 1325,
1985; Ord. 1304, 1985; Ord. 1302, 1985; Ord. 1189
(part), 1984; Ord. 1285, 1984; Ord. 1276 (part),
1984; Ord. 1266, 1984; Ord. 1245 (part), 1983; Ord.
1221, 1983; Ord. 1218, 1983; Ord. 1203 (part),
1982; Ord. 1178, 1982; Ord. 1172 (part), 1982; Ord.
1170, 1982; Ord. 1156, 1982; Ord. 1152 (part),
1981; Ord. 1151 (part), 1981; Ord. 1148, 1981; Ord.
1140, 1981; Ord. 1129, 1981; Ord. 1124 (part),
1981; Ord. 1118 (part), 1981; Ord. 1115, 1981; Ord.
1097, 1981; Ord. 1072, 1980; Ord. 1069, 1980; Ord.
1058,1980; Ord. 1025,1980; Ord. 1001,1980; Ord.
993, 1980; Ord. 992, 1980; Ord. 980, 1980; Ord.
971 (part), 1980; Ord. 927, 1979; Ord. 908, 1979;
Ord. 899, 1978; Ord. 886 § 1, 1978; Ord. 873 § 2,
1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or park any vehicle
as defimed in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1645, 1994; Ord. 1633, 1993; Ord. 1547 (part),
1991; Ord. 1545, 1990; Ord. 1518, 1990; Ord. 1476
(part), 1988; Ord. 1427, 1987; Ord. 1422, 1987;
Ord. 1392, 1986; Ord. 1390 (part), 1986; Ord. 1369,
1986; Ord. 1276 (part), 1984; Ord. 1265,1984; Ord.
1264, 1984; Ord 1245 (part) 1983; Ord. 1203 (part),
1982; Ord. 1172 (part), 1982; Ord. 1152 (part)
1981; Ord 1151 (part), 1981; Ord. 1135, 1981; Ord.
1124 (part), 1981; Ord. 1118 (part), 1981; Ord.
1074, 1980; Ord. 1007, 1980; Ord. 999 (part), 1980;
Ord. 971 (part), 1980; Ord. 873 § 3, 1973; Ord. 843
§ 10.2, 1977)
313 cc~p~~o s-9a>
TABLE 11.24.150
Street Sides of Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevard and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariam Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevard
and a point 166 feet south of Stevens Creek Boulevard
Blaney Avenue Both Between Villa De Anza Boulevard and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevard and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevard and Rodrigues Avenue
Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
Blue Jay Drive East and West Between Homestead Road and a point t 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
(Cupertino 5-94) 314
Table 11.24.160 (Continued)
Street Hours Sides of Street
Hyde 6:30 a.m. to 5 p.m. West
Avenue
Leola 8 a.m. to 2 p.m. Both
Court
Lindy Lane 6 p.m. to 6 a.m. Both
Lindy 6 p.m. to 6 a.m. Both
Place
Mary 2.a.m. to 8 a.m. South
Avenue
I Mary 2 a.m. to 6 a.m. West
Avenue
Orange 8 a.m. to 4 p.m. East
Avenue
Park Circle 8 a.m. to 2 p.m. North
Drive
I Park Circle 8 a.m. to 2 p.m. South
Drive
I Park Circle 8 a.m. to 2 p.m. East
East
Poruoa Exceptions
From Bollinger Road to a Saturday and Sunday
point 500 feet northerly
thereof
All Monday, Wednesday, Thursday,
Friday, Saturday, Sunday and
Holidays
From Canyon View Circle None
to end
All None
Between a point 500 feet None
northerly of Stevena Creek
Boulevard and a point
1,700 feet south of Lubec
Street
Between a point 1,700 feet None
south of Lubec Street and
400 feet north of Lubec
Street
Between Granada Avenue Saturday, Sunday, Holidays
and Dolores Avenue
All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday, Wednesday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday aad
Holidays
320-1 (Cupertino s-9a)
Table 11.24.160 (Continued)
Street Hours Sides of Street Portion Ettceptions
Park Circle 8 a.m. to 2 p.m. West All Monday, Tuesday, Wednesday,
East Friday. Sawrday, Sunday and
Holidays
Pant Circle 8 a.m. to 2 p.m. West All Monday, Tuesday, Thursday,
West Friday. Sawrday, Sunday and
Holidays
Park Circle 8 a.m. to 2 p.m. East All Monday, Tuesday, Wednesday,
West Friday, Sawrday, Sunday and
Holidays
Richwood 8 a.m. to 2 p.m. Both All Monday, Wednesday, Thursday,
CouR Friday, Sawrday, Sunday and
Holidays
Rodrigues 7 a.m. to 8 p.m. South Between Blaney Avenue None
Avenue and a point 800 feet west
thereof
Rosemarie 8 a.m. to 2 p.m. Both All Monday, Wednesday, Thursday,
p~~ Friday, Sawrday, Sunday and
Holidays
Sorenson 8 a.m. to 6 p.m. South Between Craft Drive and Sawrdays, Sundays and Holidays
Avenue Finch Avenue
Stelling 7 a.m. to 8 p.m. East Between Alves Drive and None
Road Greenleaf Drive, all por-
tions currently or hereafter
within the City limits
Stelling 7 a.m. to 8 p.m. West Between Hazelbrook Court None
Road and Gardena Drive, all
portions currently or here-
after within the City limits
Valley 8 a.m. to 2 p.m. North & East Between Stelling Road and Monday, Tuesday, Thursday,
Green Beardon Drive Friday, Sawrday, Sunday and
Drive Holidays
(cwPnti~o s-9a> 320-2
ORDINANCE LIST
1574 Rezone (Special) 1595 Amends §§ 16.32.020, 16.32.030,
1575 Adds Art. 13 to Title 18, hillside subdi- 16.32.040, 16.32.050, swimming pools
vision requirements (18.13) (16.32)
1576 Adds Ch. 2.86, Affordable Housing 1596 Amends § 2.44.120, azchitectural and
Committee (2.86) site approval committee (Repealed by
1577 Amends Ch. 11.24 [§ 11.24.150], park- 1630)
ing prohibition along certain streets 1597 (Number not used)
(11.24) 1598 Amends entirety of Ch. 9.18, repeals
1578 Amends § 11.24.150, parking prohibi- former sections 9.18.150-9.18.180,
tions on Stevens Creek Boulevard nonpoint source pollution (9.18)
(11.24) 1599 Adds Ch. 3.36, storm drainage service
1579 Amends § 11.12.030, speed limit on chazge (3.36)
Bandley Drive (11.12) 1600 Amends § 3.34.030(A), telephone use
1580 Amends Ch. 15.32, water conservation tax (3.34)
(15.32) 1601 Adds Title 19 and repeals Ords. 002(b-
1581 Repeals Ch. 2.38 (Repealer) 1), (k), (x), (y), NS-1200 §§ 29 and 30,
1582 Adds Ch. 3.22, purchase of supplies and 220(g) and (1), 575, 618, 652, 664, 668,
equipment; repeals Ch. 3.24 (3.22) 779, 802, 906, 1277, 1344, 1449, 1450,
1583 Adds Ch. 3.23, public works contract 1451, 1452, 1484 and 1495, zoning
and bidding procedures (3.23) (19.02, 19.04, 19.08, 19.12, 19.16,
1584 Amends § 11.12.030, speed limit on 19.20, 19.24, 19.28, 19.32, 19.36, 19.40,
Miller Avenue (11.12) 19.44, 19.48, 19.52, 19.56, 19.60, 19.64,
1585 Amends §§ 11.29.030-11.29.060, on- 19.68, 19.72, 19.76, 19.80, 19.84, 19.88,
site pazking (11.29) 19.92, 19.96, 19.100, 19.104, 19.108,
1586 Adds Ch. 11.38, transportation demand 19.112, 19.116, 19.120, 19.124, 19.128,
management (11.38) 19.132, 19.136)
1587 Amends §§ 15.32.010, 15.32.020, 1602 Rezone (Special)
15.32.030, 15.32.050, and 15.32.060, 1603 (Number not used)
water conservation (15.32) 1604 Amends Ch. 15.12, waterworks system
1588 Adds Ch. 10.27, cigarette and/or tobacco (15.12)
vending machines (10.27) 1605 Amends § 11.24.150, parking prohibi-
1589 Amends § 11.24.150, parking prohibi- tions (11.24)
tions on Finch Avenue (11.24) 1606 Adds Ch. 9.06, massage establishments
1590 Amends §§ 16.04.010 and 16.04.065, (9.06)
repeals §§ 16.04.040, 16.04.045 and 1607 Amends (75) and (76) of § 19.02.030,
16.04.047, building code (16.04) zoning (19.02)
1591 Amends §§ 16.20.010, 16.20.020, 1608 Adds Ch. 19.OSA (OS open-space
16.20.030 and 16.20.050, plumbing code zones), zoning (19.24)
(16.20) 1609 Amends § 18-1.803.2, 18-1.402.4(4), 18-
1592 Amends §§ 16.24.010, 16.24.030 and 1.402.5.1(B), 18-1.602.5(A) and 18-
16.24.070, mechanical code (16.24) 1.602.7, subdivisions (18-1)
1593 Amends §§ 16.56.010, housing code 1610 Adds subsection (F~ to § 16.12.030, soil
(16.56) report (16.12)
1594 Amends Ch. 16.40, fire code (16.40) 1611 Adds § 14.04.125, traffic diverters
(14.04)
514-5 cc~p~~a s-9a>
TABLES
1612
1613
1614
1615
1616
1617
1618
1619
1620
1621
1622
1623
1624
1625
1626
1627
1628
1629
1630
Amends Ch. 5.04, business license taxes
(5.04)
Amends contract with Board of Admin-
istration of California Public Employees
Retirement System (Not codified)
Moratorium on certain subdivision,
building and grading uses in Inspiration
Heights azea (Not codified)
Adds Ch. 14.15, xeriscape landscaping;
amends title of Title 14 to be Streets,
Sidewalks and Landscaping (14.15)
Amends § 2.7.3 of Ord. 1606, massage
establishments and services (9.06)
Amends § 2.04.040, vacancy on City
Council (2.04)
Amends §§ 19.08.030, 19.28.040,
19.28.070, 19.56.040 and 19.124.100,
zoning (19.08, 19.28, 19.56, 19.124)
Extends moratorium contained in Ord.
1614 (Not codified)
Amends Ch. 16.32, swimming pools
(16.32)
Rezone (Special)
Amends Ch. 15.32, water conservation
(15.32)
Amends § 2.48.020(A); repeals §§
2.48.020(F) and 2.48.020(G), department
organization (2.48)
Amends Title 17, signs (17.04, 17.08,
17.12, 17.16, 17.20, 17.24, 17.32, 17.44,
17.52, 17.54)
Amends § 5.16.040, garage and patio
sales (5.16)
Amends §§ 6.24.070 and 6.24.080, gar-
bage containers (6.24)
Amends § 18-1.201.(H), definition of lot
line adjustment (18-1.201.)
Repeals and replaces Ch. 10.44, pazades
and athletic events (10.44)
Amends § 11.37.040, fee for processing
overweight vehicle permit (11.37)
Amends §§ 14.15.040(E), 14.15.050(A),
14.18.040, 14.18.060(A), 14.18.090,
14.18.100, 14.18.110, 14.18.150(B),
14.18.170, 16.28.030, 19.16.060(E)(3),
1631
1632
1633
1634
1635
1636
1637
1638
1639
19.20.060(E)(4), 19.28.060(E)(4),
19.44.070(E)(4), 19.56.070,
19.76.050(E),19.88.060(7)(1) and (2),
19.132.060 and 19.136.060; repeals Ch.
2.44 and § § 19.44.090, 19.48.100 and
19.68.080, review authority (14.15,
14.18, 16.28, 19.16, 19.20, 19.28, 19.44,
19.56, 19.76, 19.88, 19.132 and 19.136)
Repeals and replaces Title 8, animals
(Repealed by 1644)
Amends § 3.23.120(B); repeals §
3.23.120(C), public works contract and
bidding procedures (3.23)
Amends § 11.24.160, stopping, standing
and parking (11.24)
Amends Ch. 19.40, zoning (19.40)
Adds §§ 18-1.1301(G) and (H) and
19.28.050(C); amends §§ 18-1.1303(B),
(C) and (D), 19.08.030 and
19.28.060(E)(4), subdivisions and zoning
(18-1.13, 19.08, 19.28)
(Number not used)
Adds subsection ~ to § 14.15.050 and
Appendix A to Ch. 14.15; amends §
14.15.040, xeriscape landscaping; adds
subsection (D) to § 16.28.040, fences;
adds § 19.76.070, and subsections (D)(4)
to § 19.28.060 and (C) to § 19.124.070;
amends §§ 19.08.030, 19.24.030(D),
19.28.060(C)(2), 19.28.070(A),
[ 19.48.030B, C and D], 19.48.050(A)
and (B), 19.48.070(A), 19.48.080,
19.48.090(A), 19.56.040, 19.56.070,
19.64.040(A), 19.80.030(B)(2),
19.92.040, 19.100.030, 19.104.030(A),
19.104.040(A), 19.124.030, 19.124.040,
19.124.050(A), 19.124.100A[B], zoning
(14.15, 16.28, 19.08, 19.24, 19.28,
19.48, 19.56, 19.64, 19.76, 19.80, 19.92,
19.100, 19.104, 19.124)
Rezone (Special)
Amends §§ 2.36.010, 2.36.020(B) and
2.36.050, park and recreation commis-
sion (2.36)
~c~P~m~o s-9a~ 614-6
ORDINANCE LIST
1640 Amends subsections (B) and (I~ of §
10.44.020, parades and athletic events
(10.44)
1641 Amends Ch. 2.86, affordable housing
committee (2.86)
1642 Amends § 2.20.010, city clerk (2.20)
1643 Amends Ch. 9.06, massage establish-
ments (9.06)
1644 Repeals and replaces Title 8, animals
(Title 8)
1645 Amends § 11.24.160, parking prohibition
(11.24)
614-7
(Cupertino 5-94)
ABANDONED VEHICLE
INDEX
- A -
ABANDONED VEHICLE
See VEHICLE
Power, duties, responsibilities generally 2.86.100
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090
Staff assistance 2.86.110
Term of office 2.86.030
Vacancy, filling 2.86.040
ADMINISTRATIVE SERVICES DEPARTMENT
See DEPARTMENTAL ORGANIZATION
ADVERTISEMENT
Commercial advertising
distribution
prohibited when 10.52.080
requirements 10.52.070
license required, permit prerequisite 10.52.060
Distribution
commercial advertising
See Commercial advertising
permit
application, denial, appeal 10.52.040
required 10.52.030
revocation 10.52.050
Newspaper distribution method 10.52.020
Throwing, littering unlawful when 10.52.010
Violation, penalty 10.52.090
AFFORDABLE HOUSING
Effect of provisions 2.86.130
Policies, strategies, projects, scope, authority
2.86.100
AFFORDABLE HOUSING CONIlVIITTEE
Chairperson, vice-chairperson, selection, term
2.86.050
Compensation 2.86.070
Effect of provisions 2.86.130
Established, composition 2.86.010
Meetings
See also Procedural rules
regulations generally 2.86.060
voting, requirements 2.86.080
Members
See also Specific Subject
selection, qualifications, residency 2.86.020
AGENT
Business license
See also BUSINESS LICENSE
fee 5.04.290
ALARM
Automatic telephone connection prohibited
10.26.050
City defined 10.26.020
Definitions 10.26.020
Exemptions 10.26.060
False alarm
charge
assessment notice 10.26.100
collection 10.26.140
imposition, amount 10.26.090
defined 10.26.020
hearing
failure to request, effect 10.26.130
procedure 10.26.120
request 10.26.110
investigation, report requirements 10.26.070
notification procedure 10.26.080
willful conduct, city reimbursement 10.26.150
Notice
defined 10.26.020
requirements
See False alarm
Requirements
Owner defined 10.26.020
Person defined 10.26.020
Police alarm system defined 10.26.020
Police emergency defined 10.26.020
Premises defined 10.26.020
Purpose of provisions 10.26.010
Requirements 10.26.040
Responsible occupant defined 10.26.020
Severability of provisions 10.26.160
615 (CupeiGno 5-94)
ALARM
Timing device requirements
See Requirements
Violation, penalty 10.26.170
ALCOHOLIC BEVERAGE
See LIQUOR
AMUSEMENT CENTER
Business license
See also BUSINESS LICENSE
fee 5.04.300
ANIMAL
Abandoned 8.01.080
Abuse 8.01.120
Adoption 8.02.100
Animal control officer
authority 8.01.100
inspection 8.01.110
At large
prohibited 8.01.030
seizure, limitations 8.01.040
Beekeeping
apiary
defined 8.07.010
location restrictions 8.07.060
moving, notice required 8.07.050
water supply requirements 8.07.070
bees defined 8.07.020
hive defined 8.07.030
identification, sign requirements 8.07.080
location defined 8.07.040
violation
notice, correction 8.07.090
penalty, abatement 8.07.100
Bite, quarantine, violation, examination 8.01.050
In City buildings 8.01.090
Dangerous
permit
denial 8.06.020
period, fee 8.06.030
required 8.06.010
Dead, disposal 8.01.070
Definitions 8.01.010
Diseased, seizure 8.01.060
Dog
See also Dog, cat
dangerous
See also Dangerous
registration required 8.03.040
restraint required, exception 8.03.010
Dog, cat
license
fee 8.03.060
issuance 8.03.070
period 8.03.090
presentation on request 8.03.110
recordkeeping 8.03.100
required 8.03.050
tag, wearing required when 8.03.080
maximum allowed, spaying requirements, litter
limit 8.03.020
sale
See Sale
vaccination
recordkeeping requirements 8.03.120
required, penalty 8.03.030
Hearing
after seizure 8.02.050
appeal 8.02.080
before seizure 8.02.070
failure to appeal 8.02.090
Horse
hams, shelters, pens
location requirements 8.11.040
structural requirements 8.11.050
event, amateur
generally 8.11.020
restrictions 8.11.060
land area requirements 8.11.030
permit
See also permit application
appeal 8.11.130
contents 8.11.110
issuance 8.11.100
modification, revocation 8.11.120
permit application
contents 8.11.070
health officer review 8.11.080
notice 8.11.090
(Cupertino 5-9a) 616
pet, kept as 8.11.010
violation, penalty 8.11.140
Immunization, vaccination
See Dog, cat
Sale
Impoundment
disposition 8.02.040
fee 8.02.010
hearing, appeal
See Hearing
notice 8.02.030
redemption 8.02.020
Kennel
inspection 8.05.050
permit
See also permit denial, revocation
application 8.05.020
expiration, renewal 8.05.040
nontransferable 8.05.090
required 8.05.010
permit denial, revocation 8.05.060
appeal 8.05.070
subsequent application 8.05.080
requirements generally 8.05.030
Nuisance when 8.01.130
Poisoning
See Abuse
Sale
age requirement 8.09.010
immunization 8.09.020
returned animal 8.09.030
Traps prohibited 8.01.160
Vehicles 8.01.140
Zoning, land use not regulated 8.01.020
APARTMENT
Business license
See also BUSINESS LICENSE
tax 5.04.320
ASSESSMENT
Collection responsibility 3.16.010
ATHLETIC EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CITY
Conflict of interest 2.64.020
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Subdivision improvement agreement form
approval 18-1.807
Responsibilities 18-1.202.1
AUCTIONEER
Business license
application, bond 5.08.020
required 5.08.010
Exemptions 5.08.100
Prohibitions
bell ringing 5.08.060
blind package 5.08.070
false statements 5.08.040
generally 5.08.030
puffer, bidder booster, capper 5.08.050
refusal to deliver possession 5.08.080
selling without license 5.08.090
Violation, penalty 5.08.110
AUTO COURT
Business license tax rate 5.04.390
AUTOMATIC CHECKOUT SYSTEM
See GROCERY STORE
-B-
BAR
See RESTAURANT
BICYCLE
Administration 11.08.020
Attaching to vehicle, prohibited 11.08.170
Bicycle lanes
designated 11.08.250
use regulations 11.08.190
vehicles using prohibited 11.08.230
Dealers
purchaser education 11.08.110
registration verification 11.08.100
617 (Cupertino 5-94)
BICYCLE
Defined 11.08.010
Equipment requirements 11.08.130
Impoundment 11.08.240
Lane position requirements 11.08.150
License
address change notification 11.08.090
alteration, destruction prohibited 11.08.061
existing, validity 11.08.070
fees 11.08.120
indicia, renewal 11.08.050
issuance 11.08.040
transferability 11.08.080
Motor-driven cycle defu-ed 11.08.011
Motorized bicycle defined 11.08.012
Package carrying restrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
Quadricycle, motorized, defined 11.08.013
(Cupertino 5-9a) 618
MASSAGE ESTABLISHIVIEN'TS, SERVICES
MASSAGE ESTABLISHMENTS, SERVICES
Appeals 9.06.220
Definitions 9.06.020
Exemptions 9.06.030
Inspection 9.06.240
License
application 9.06.050
denial grounds 9.06.070
fee 9.06.060
required 9.06.040
Massage therapist permit application
content 9.06.090
criteria 9.06.110
fee, renewal 9.06.100
Massage therapist trainee permit application
approval 9.06.140
criteria 9.06.120
denial grounds 9.06.170
employment requirements 9.06.150
fee, renewal 9.06.130
Medical examination requirement 9.06.160
Nuisance 9.06.220
Off-site massage
permit
application 9.06.180
criteria 9.06.190
Permit display required 9.06.230
Purpose of provisions 9.06.010
Severability of provisions 9.06.280
Suspension, revocation
grounds 9.06.200
hearing 9.06.210
Unlawful when 9.06.080
Violation, penalty
continuing 9.06.270
generally 9.06.250
MAYOR
Boazd of appeals appointment 16.04.020
Disaster council chairman 2.40.030
Electrical boazd of appeals appointment 16.16.130
Employees' retirement system execution 2.56.020
MECHANICAL CODE
Adoption 16.24.010
Amendments
Section 203 16.24.050
Section 204 16.24.070
Boazd of appeals created 16.24.050
Name insertion 16.24.020
Ordinance hearing 16.24.030
Permit fees 16.24.060
Severability 16.24.040
Violation, penalty 16.24.070
MINOR
See BINGO
cURFEw
DRUG PARAPHERNALIA
637
MOSQUITOES
Abatement
by city when 9.16.080
cost
See also LIEN
payment by owner 9.16.090
notice
(Cupertino 5-94)
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9.16.020
Enforcement authority 9.16.030
Findings, intent 9.16.010
Health officer defined 9.16.150
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9.16.120
generally 9.16.100
recordation, priority 9.16.110
satisfaction from sale proceeds 9.16.130
Recurrence of nuisance 9.16.070
MOTEL
Business license
See also BUSINESS LICENSE
fee 5.04.390
MOTOR COURT
MOTOR COURT Person defined 10.46.020
Business license tax rate 5.04.390 Purpose of provisions 10.46.080
Urgency declaration 10.46.090
MOVING BUII.DINGS Violation, penalty 10.46.070
See BUILDING
NOISE CONTROL
- N - See also NOISE
Administration 10.48.020
NEWSPAPER Animals, birds 10.48.061
See ADVERTISEMENT
NEWS RACK
Display prohibitions 10.21.100
Explicit sexual act defined 10.21.110
Findings, purpose of provisions 10.21.010
Impoundment
See Removal permitted when
Location
See Prohibited locations
Permit
fee 10.21.030
required 10.21.020
Placement
See Prohibited locations
Prohibited locations
designated 10.21.090
vehicle use area 10.21.080
Removal permitted when 10.21.120
Severability of provisions 10.21.140
Sexual act
See Explicit sexual act defined
Violation, penalty 10.21.130
NOISE
See also NOISE CONTROL
Construction
defined 10.46.020
prohibited
appeal procedure 10.46.060
exception 10.46.050
generally 10.46.040
Definitions 10.46.020
Holiday defined 10.46.020
(Cupertino 5-94) 638