Ordinance 1189• e
ORDINANCE N0. 1189
I AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING VARIOUS
SECTIONS OF CHAPTER 8.08 OF T}lE CITY OF CUPERTINO RELATING
TO ANIMALS
CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino does hereby ordain that Sections
8.08.040, 8.08.380, 8.08.390, 8.08,391, 8.08.392, 8.08.400, 8.08.420, 8.08.430,
8.08,440,8.08.450, 8.08.460. 8.08.470 and 8.08.4$0 are amended to read as set
forth in Exhibit "A" attached.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino Chia 18thday of _~ 1982 and ENACTED at a regular
meeting of the City Council of t e City of Cupertino this 7th day of
September _, 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Rogers, Sparks. Plungy
NOES: None
ABSENT: Gatto
ABSTAIN: None
APPROVED:
or, C of Cuper
ATTEST: Temp
~ Deputy City er
8.08.040 DhFINI~S ~'
H. Dangerous animal means an animal which because of its size, dlspositlon
or other characterlstics would constitute a danger to persons. The term dangerous
includes a potentially dangerous animal which because of immaturity or oti~er fnctors
will become dangerous.
8.08.380 PERMIT REQUIRED
No person shall conduct, operate or keep any pet shop, commercial kennel, pet
grooming parlor, animal menagerie, animal shelter or horse establishment without
first obtaining an appropriate permit from the Health Officer. The annual permit
fee for the above animal facilities shall be fixed by resolution of the Santa Clara
County Board of Supervisors. ~
8.08.390 APPLICATION FOR PERMIT
(a) An application for ep rmit to operate and keep a pet shop, pet grooming
parlor, animal menagerie, horse establishment or dangerous animal shall be made in
writing to the Health Officer.
(b) An application fora permit to operate a commercial kennel or private
kennel or animal shelter shall be made in writing to the City's Code Enforcement.
Officer.
(c) Such applications shall be on a form approved by the Health Officer.
The applicant shall furnish a list of the types of animals to be maintained or
used for any purpose, together with the approximate number of animals of each type.
(d) The Health Officer may establish regulations and standards relating to:
(i) the maximum number and species of animals to be kept or maintained on the
premises; provided that no private kennel shall keep or maintain more than a
combined total of five (5) dogs or cats over four (4) months of age; (ii) the
construction, sanitation and maintenance of facilities; and (iii) any other
regulations and standards in conformity with and for the purpose of carrying out
the intent of this Chapter. Compliance with such rules and regulations shall be
prerequisite to the issuance and continued validity of any permit provided pursuant
to this Chapter.
(e) Permittee shall maintain a record of the names and addresses of persona
from whom animals are received and to whom the animals are sold, traded or given.
This shall be available to the Administrator and the Health Officer upon request.
8.08.391 ACTION UPON APPLICATION
Upon receipt of an application for commercial or private kennel or animal
shelter permit, the Code Enforcement Officer shall determine whether or not the
location of the kennel or animal shelter is within 250 feet of a dwelling house,
apartment, hotel. or other building used for human habitation. ~If i[ is not or
if he grants an exemption for a commercial kennel or animal shelter under Sectian
8.08.392 he shall approve and forward [he application to the Flealth Officer.
If the Administrator and/or Health Officer finds that all general regulations
relating to animals that are set forth in this Chapter have been complied with by
the applicant for any permit or license authorized to be issued under the
provisions of this Chapter, he shall issue such license or permit upon payment
of the fee therefor. If the Administrator and/or Eleal[h Officer should find
that any or all of said general regulations relating to animals are not complied
with by any such applicant, he shall not issue such license or permit.
8.08.392 PERMITTED EXEMPTION. PROXIMITY TO .RESIDENCE. COMMERCIAL KENNELS AND
ANIMAL SHELTERS.
(a) The Code Enforcement Officer shall grant an annual exemption from the
restrictions contained in Section 8.08.391 to commercial kennels and animal
shelters provided an application for exemption is filed in accordance with
subsection (b) of this Section, and further provided that the Code Enforcement
Officer has made any finding required by subsection (c) of this Section.
(b) Applications for exemption pursuant to this Section shall be made in
writing to the Code Enforcement Officer. Said applications shall be filed
concurrently with the commercial kennel or animal shelter permit applications
required by Section 8.08.390. Application for exemptions pursuant to this Section
shall contain the name and address of the applicant and a plot plan in form
approved by the Code Enforcement Officer. Said plot plan shall show the location
of the commercial kennel or animal shelter relative to the locations of any
places of human habitation existing within 250 feet of the kennel or animal
shelter at the time of the application.
(c) In the event that a commercial kennel or animal shelter exemption
application is filed on behalf of a kennel or animal shelter whose previous
exemption was revoked pursuant to this Section the following information shall
be supplied by the applicant, in addition to that information required by sub-
section (b) of this Section, before any further exemption is granted:
The applicant for said exemption shall furnish proof to the satisfaction
of the Code Enforcement Officer that conditions of the care and handling of the
animals or other circumstances existing at the facility at the time of the
violation resulting in the earlier exemption revocation have been changed so
as to remove the danger of futre violations. If the Code Enforcement Officer
finds that such proof has been provided he shall grant the exemption, provided
[hat all other requirements of this Section have been met.
(d) Exe~ions granted hereunder shall e~'e and terminate at [he same
time as the annual commercial kennel or animal shelter permit issued by the
Health Officer and shall be renewed upon such erpira[ion as a condition to
obtaining a renewal of the kennel or animal shelter permit. Renewals shall be
subject to all the provisions and requirements and conditions set forth in
[his Section.
8.08.400 CONDITIONS RELATING TO ANIMAL FACILITIES
Every person who owns, conducts. manages or operates any commercial kennel,
private kennel, pet shop, pet grooming parlor, animal menagerie, animal shelter
or horse establishment shall comply with each of the following conditone:
(a) Housing ~
(1) Housing facilities for animals shall be structurally sound and
shall be maintained in good repair to protect animals from injury and
restrict entrance of other animals or the escape of animals so contained
therein.
(2) Every builds»g or enclosure wherein animals are maintained shall
be properly ventilated to prevent drafts and to remove odors; heating and
cooling shall be provided as required, according to the physical need of
the animals. with sufficient light to allow observation of animals.
(3) All animal rooms, cages, kennels, tuna, stalls and corrals shall
be of sufficient size to provide adequate and proper commodation and
protection from the weather for the animals kept therein.
(4) All animal facilities shall be constructed and operated in a
manner that reasonably protects public health and safety and safety of
the animals.
(b) Sanitation
(1) All animal facilities shall be maintained and operated at all
times in a clean and sanitary condition, and in a manner that avoids
causing odors or attraction of flies and vermin, and excessive noise.
(c) Care of Animals
(1) All animals shall be supplied with a quantity of wholesome food
suitable for the species and age of the respective animals, as often as
the feeding habits of such animals require, sufficient to maintain a
reasonable level of nutrition. All animals shall have available to them
sufficient potable water. Food and water shall be served in aeperate,
clean receptacles.
(2~1o animal, except those animal~in a pasture provided with
adequate food and water, shall be without attention for more than twenty-
four (24) consecutive hours. The name, address, and telephone number of a
person responsible for the animal shall be posted in a conspicuous place,
visible from outside the facility or at the main gate of a pasture where
animals are kept, unless the owner or attendant of the animal(s) is
immediately available on the premises..
(3} All sick, diseased, or injured animals shall be isolated from
healthy animals at all times and shall be given proper medical treatment.
The Health Officer may order the operator of the facility to immediately
seek licensed veterinarian treatment for any animal.
•
(4) All animals shall be treated in a humane manner.
(d) Compliance
(1) The Health Officer or his authorized representative shall have
the authority to enter the animal facility except by means of force when
he has reason to believe that the provisions of the permit or this Chapter,
applicable state law, or the rules and regulations of the Health Officer
are being violated. The failure of the operator to consent to the entry
_ shall be deemed just cause for the revocation of the permit.
(2) Failure of an applicant or a permit holder to comply with any
of the provisions of the permit, this Chapter or .applicable state law, or
the rules and regulations of the Health Officer shall be deemed just cause
for the denial of any permit, either original or renewal. or for revocation
of a permit.
8.08.420 INSPECTION
As a condition to the issuance or renewal of a permit under this Chapter,
the Health Officer or his authorized representative shall have the authority
to inspect at any reasonable time the animal facility.
8.08.430 DENIAL OR REVOCATION OF PERMIT
The Health Officer may deny or revoke any permit issued pursuant to this
Chapter in the following situation:
(a) Whenever he determines by inspection that any animal facility
fails to meet any of the conditions of the permit, this. Chapter, or applicable
state law.
(b) Whenever he has reason to believe that the applicant or permit
holder has wilfully withheld or falsified any information required for a
permit.
(c) If the applicant or permit holder has been convicted by a court
of law of more than two (2) violations in a twelve (12) month period of
this Chapter, 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 previous five {5) years. For the purposes of this Section,
a ball or focfeiture shall be deemed to be a conviction of the offense
charged.
8.08.440 APPEAL FROM DENIAL OR REVOCATION OF PERMIT
Prior to denial or revocation of a permit, the Health Officer shall notify
the applicant in writing of the intent to deny or revoke the permit, the reasons
for such denial or revocation, and that the applicant may make a written request
for a hearing before the Health Officer within five (5) days after receipt of
such notice if he wishes to challenge the denial or revocation.
The Health Officer shall set the time and place for hearing and cause notice
of such hearing at least five (5) days before the date of the hearing. The
hearing shall be conducted according to Section 8.08.220.
8.08.450 NO NEW PERMIT AFTER DENIAL OR REVOCATION
If a permit has been denied or revoked, the Health Officer shall not accept
a new permit application from the same person for the same activity at the same
location less than six (6) months after such denial or revocation, unless the
applicant shows, and the Health Officer finds by inspection and/or investigation,
that the grounds upon which the first application was denied or the permit
revoked na longer exists.
8.08.460 PERMIT REQUIRED FOR DANGEROUS ANIMAL
No person shall keep, have, maintain, sell, trade, or let for hire a
dangerous animal without first obtaining a permit from the Health Officer.
The application for a permit, permit conditions, inspection, denial, revocation,
and appeal shall be the same ae set forth in Section 8.08.390, 8.08.400 and
8.08.420 through 8.08.450 inclusive, of this Chapter.
No permit shall be required of any zoo, university, college, governmental
agency, or other bona fide scientific institution, as determined by the Health
Officer, engaging in scientific or p~iblic health research. For the purpose of
this Section, a zoo shall be considered any organization which exhibits animals
to the general public at regular specified hours, equaling at least 30 hours
a week for 36 weeks a year, and whose animals, whether maintained for exhibit
purposes or not, are not for sale to private individuals.
~~
The owner of a dangerous animal shall post the entrances to the property
where the animal is kept with a legible sign of at least twelve (12) inches
square warning persona of a dangerous animal.
8.08.470 PERMIT DENIAL
Notwithstanding anything to the contrary, the Health Officer may deny or
revoke a permit to keep or maintain any dangerous animal when, in h1e opinion:
(a) any such animal may not be kept or maintained without endangering
the safety of any person(s) or property; or
(b) the keeping of the animal would constitute a public nuisance; or
(c) the animal would be subject to suffering, neglecq+ cruelty, or
abuse.
The Health Officer in his discretion may require any such animal to be
properly caged, tethered, or restrained in zoo type facilities that meet or are
in addition to, or more restrictive than, state guidelines issued under the
provisions of Section 671 of Title 14 of the California Administrative Code and
federal standards issued under Chapter 1 of Title 9 of the Code of Federal
Regulations. Nothing !n this Section shall be construed to permit the keeping
of dangerous animals where zoning provisions or state law would prohibit ouch
keeping.
8.08.480 PERMIT PERIOD AND FEE
The fee for a permit to keep or maintain one dangerous animal shall be
One Hundred Twenty Dollars ($120.00) fora twelve (12) month term, and the fee
for each additional dangerous animal shall be Sixty Dollars ($60.00). The permit
shall expire and be renewable as set forth in Section 8.08.410.,