Ordinance 1631
ORDINANCE N0. 1631
URGENCY ORDINANCE OF TH8 CITY OF CUPERTINO
AMENDING TITLE 8 OF THE CUPERTINO MUNICIPAL
CODE RELATING TO ANIMALS
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS: This ordinance is an urgency ordinance to
take effect immediately. This ordinance is adopted for the
immediate preservation of the public peace, health and safety. The
facts constituting the urgency are as follows;
1. Title 8, consisting of Chapters 8.04 and 8.08, of the
Cupertino Municipal Code currently regulate the keeping of animals
and animal and rabies control subject to administrative and
enforcement powers of the Santa Clara County Health Officer and
pursuant to the adoption of portions of the Santa Clara County
Ordinance Code relating to animal and rabies control.
2. The State of California's budget approved in June, 1993
relieved California's 58 counties of a longstanding requirement
that the counties provide animal control services to incorporated
cities.
3. On July 1, 1993 Santa Clara County ceased providing animal
control services to the incorporated cities located within it's
boundaries, including, the City of Cupertino.
4. There is a current and immediate threat to the public health,
safety and welfare due to the lack of animal control services in
the City of Cupertino.
5. In order to properly protect the public health, safety and
welfare of it's citizens, it is necessary for the City of Cupertino
to establish, regulate and enforce animal control services within
it's boundaries.
6. It is unnecessary for the City to include certain provisions in
it's animal ordinance on the grounds that State law governs, inter
alia, the statutory provisions cited throughout this ordinance, as
well as the following provisions: for rabies control and
importation of wild animals, see Health & Safety Code sec's 1900 et
seq. and 25990 et seq., respectively; for animal & poultry
quarantine & pest control, animals generally, cattle protection and
horses, mules, burros, sheep & swine, see Fd & Agr. Code sec's 9101
et seq., 16301 et seq., 20001 et seq. and 23001 et seq.,
respectively.
SECTION 2. AMENDMBNTS•
Title 8 of the Cupertino Municipal Code, consisting of
Chapters 8.04 and S.OB and Sections 8.04.010-8.04.160 and 8.08.010-
8.08.530, are hereby repealed in their entirety and a new Title 8
to be entitled "Animals," including chapters and sections are
hereby enacted to be numbered and entitled and to read as follows:
Chapter 8.01 GENERAL PROVISIONS
Section 8.01.010 - Purpose. This chapter is enacted to protect the
public health, safety and welfare of the citizens of the City by
prescribing conditions under which animals may be harbored and
cared for within the City's boundaries.
Section 8.01.020 - Definitions. Unless the contrary is stated or
clearly appears from the context, the following definitions, as
well as the definitions provided in Chapter 1.04, shall govex•n the
meaning of the words and phrases used in this chapter.
A. "Animal" includes any domestic bovine animal, horse, mule,
burro, sheep, goat, or swine, or the hide, carcass, or portion of
a carcass of any such animal.
B. "Animal shelter" means the facility which harbors, impounds,
and places animals.
C. "Boarding kennel" means any person engaged in the commercial
boarding, training or hire of dogs and/or cats for compensation,
excluding animal clinics, hospitals and shelters.
D. "City Manager" means the City Manager of Cupertino or his/her
designee.
E. "Grooming shop" means any commercial place where animals are
trimmed, bathed or groomed.
F. "Humane officer" means the employees of the Humane Society of
Santa Clara Valley who have qualified as humane officers pursuant
to Civil Code section 607f.
G. "impounded" means having been received into the custody of the
animal shelter, animal control officer or any authorized agent or
representative thereof.
H. "Person" and "owner" includes any firm, corporation or
establishment as well as individuals.
i. "Pet shop" means any commercial place where animals are
harbored for sale.
Section 8.01.030 - Contracting authority: The City may contract
with any corporation formed and existing for the prevention of
cruelty to animals to enforce, in whole or in part, the provisions
of this chapter. Such contract may be entered into by the City
Manager with the approval of the City Council and shall not
conflict with any of the provisions of this chapter.
Section 8.01.040 - Administration by City Manager: There is
conferred upon the City Manager those powers and duties necessary
for the administration of this chapter, including but not limited
to, acting on all applications for a permit required by this
chapter and the authority to revoke a permit issued pursuant to
this chapter in the manner provided for herein.
Section 8.01.050 - Powers of humane officer:
A. Bnforcement of chapter. There is conferred upon the humane
officer those powers and duties necessary for the enforcement of
state and local animal control laws, including the powers set forth
in Civil Code section 607f.
B. Authority to enter premises.
(1) The humane officer shall have the authority to enter upon
and inspect any gremiaes where any animal is kept or harbored when
such entry is necessary to enforce the provisions of this chapter
or State law concerning the prevention of cruelty to animals. A
search wazrant shall be obtained whenever required by law.
(2) Such entry and inspection shall be made only after the
occupant of the premises has been given written or oral notice of
the inspection by the humane officer. If the premises is
unoccupied, the humane officer shall make a reasonable effort to
locate the owner or other person having control of the property
before making entry.
(3) Nothwithstanding subsections (1) and (2) herein, if the
humane officer has reasonable cause to believe the keeping or
harboring of any animal is so hazardous as to require an immediate
inspection to save the animal or protect public health or safety,
the humane officer shall have the power to immediately enter and
inspect the property without the use of unreasonable force. If the
property is occupied, the humane officer shall first attempt to
notify the occupant and demand entry. Failure or refusal to grant
an inspection constitutes a misdemeanor.
Section 8.01.060 - Animal shelter: impoundment: An animal shelter
shall be designated by the City Manager. It shall be the duty of
the humane officer to obtain and immediately deliver to the animal
shelter those animals which are directed pursuant to this chapter
to be impounded or which are found or harbored contrary to the
provisions of this chapter.
Section 8.01.070 - Interference with humane officer: It is
unlawful for any person to hinder, resist or interfere with the
humane officer in the performance of the officer's duties or to
attempt to release the animals in the officer's custody.
Section 8.01.080 - Disposition of money collected: All money which
is collected pursuant to this chapter shall be paid into the
"Animal Care" fund and may be expended only for administrative and
enforcement costs incurred pursuant to this chapter.
Chapter 8.02 CARE AND KEEPING OF ANIliALS
[For statutory provisions regarding: wilful poisoning of animals,
cruelty to animals, animals in specified places without proper care
or attention, abandoned or neglected animals and fighting dogs, see
Penal Code sec's 596, 597, 597.1, 597f, 597.5, respectively;
standard of humane treatment regarding keeping of horses or other
equine animals, see Bealth & Safety Code sec's 25988 et seq; bee
management, see Fd & Agr. Code sec's 29001 et seq; injuries to
animals, see Civil Code sec 3340 & Penal Code sec 591 et seq.]
Section 8.02.010 - Fences zequired; animals at larger Any person
harboring an animal, other than a cat while not in heat, shall keep
the premises upon which the animal is kept fenced so as to keep the
animal from leaving the premises, and shall not permit such animal
to run at large upon the public property of the City or the private
property of another.
Section 8.02.020 - DoQ defecation to be removed:
A. It is unlawful for any person owning or having control or
custody of any dog to permit the dog to defecate upon the public
property of the City or upon the private property of another unless
the person immediately removes the feces and properly disposes of
it.
B. It is unlawful for any person to walk a dog on public property
of the City or upon the private property of another without
carrying a suitable container or other suitable instrument for the
removal and disposal of dog feces.
C. Exemption. Visually disabled persona who use guide dogs are
exempt from this section.
Section 8.02.030 - Bees: Except in the agriculatural zone or open
space declared area, no person shall keep or maintain in the City
any hive of bees without the express written consent of the City
and of the neighbors residing adjacent to the subject progerty,
whether owners or tenants.
A. All animals and all premises, enclosures or structures wherein
animals are harbored shall be maintained in a clean and sanitary
and secure condition, free from all obnoxious odors and flies.
B. All animals and all premises, enclosures or structures wherein
animals are harbored shall be thoroughly cleaned, and all debris,
refuse, manure, urine, waste food, or other removable material
shall be removed therefrom not less than every day, but more often
as necessary.
C. All animal facilities shall be structurally sound and shall be
maintained in good repair to protect animals from injuries.
D. All enclosures or structures wherein animals are harbored
shall be properly ventilated, and heating and cooling shall be
provided as required according to the physical needs of the
animals.
E. All premises, enclosures or structures wherein animals are
harbored shall be of sufficient size and location to provide
protection from the weather and adequate room for the animal to
move about.
F. All animals shall be provided with daily exercise suitable for
the species of the animal.
G. No animal, except animals in a pasture provided with adequate
food and water, shall be without attention for more than twenty-
four 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.
8. All animals shall be provided with a constant supply of clean
water and a quantity of wholesome food suitable for the species and
age of the animal.
I. All sick, diseased or injured animals shall be isolated from
healthy animals at all times and shall be given proper medical
treatment.
J. All animals shall be treated in a humane manner.
A violation of this section is hereby declared a public
nuisance.
Section 8.02.050 - Refuse container requirements: All refuse and
manure, and any other material conducive to attracking flies, or
which would create any obnoxious odor, shall be placed in suitable
containers which shall be removed from the premises not less than
once every week.
Section 8.02.060 - Birds, goats, pion and rabbits: No person shall
harbor, or cause to be harbored, any bird, goat, pig or rabbit
except under the following conditions:
A. Such animals shall under no circumstances be permitted to run
at large off of the owner's property and shall be confined within
a suitable house or coop after sundown;
B. No part of any house, coop or runway shall be less than
twenty-five feet from any dwelling or place of business without
prior written consent, on file with the City, of the occupant of
such dwelling or place of business;
C. No person shall keep or maintain any house, coop or runway
within twenty-five feet of any property line of the lot or parcel
of land upon which it is situated without the unanimous prior
written consent, on file with the City, of the adjacent neighbors
who reside there, whether owners or tenants;
D. No person shall keep or maintain, except in the agricultural
zone or open space declared area, more than six mature birds or
rabbits without the unanimous prior written consent, on file with
the City, of the adjacent neighbors who reside there, whether
owners or tenants;
E. No person shall raise, keep or have in their possession,
except in the agricultural zone or open space declared area, any
live rooster, goose, peacock or guinea hen over the age of a baby
chick or gosling, or any other bird which because of its size,
natural disposition, or any other characteristic constitutes a
hazard or menance to persons or disturbs the peace;
F. No person shall keep or maintain in the city, except in the
agricultural zone or open space declared area, more than two adult
goats or pigs. However, no adult male goat shall be kept or
maintained unless neutered.
Chapter 8.03 RBGOLATION AND LICENSING OF DOGS
[For statutory provisions regarding the regulation and licensing of
doge, see Food & Agr. Code sec. 30501 et seq.J
Section 8.03.010 - Vaccination: Every owner of a dog over four
months of age shall cause such dog to be vaccinated with an anti-
rabies vaccine approved by the State Department of Public Health.
Revaccination shall be made at such intervals as may be prescribed
by the State Department of Public Health.
Any animal may be exempted from the rabies vaccination
requirement upon approval of the animal control officer, and upon
presentation of an affidavit from a licensed veterinarian stating
that, in the opinion of the veterinarian, the vaccination would be
injurious to the health and well-being of such animal.
Section 8.03.020 - License required:
A. No person shall keep or board any dog that is over the age of
four months for more than ten days unless the dog is licensed as
provided fn this chapter.
B. Exceptions:
(1) A dog license shall not be required for a dog owned or
under the control of a nonresident of the City, which is to be
harbored in the City for 45 days or less.
(2) A dog license shall not be required for dogs temporarily
brought into the City for entry into an event, show or exhibition.
Section 8.03.030 - License application:
A. Each application for a dog license shall be made to the City
on the form provided and shall be accompanied by a certificate of
anti-rabies vaccination, state the age, sex, color and breed of the
dog for which the license is desired, and the address of the owner.
B. The term of any dog license issued under this chapter
commences on the date of the issuance of the license and terminates
on or before the expiration date of the certificate of anti-rabies
vaccination accompanying the application for the dog license.
C. All dog licenses issued under this chapter shall be numbered
and shall be in such form as provided by the City.
D. Upon approval of the application, payment of the applicable
license fee, and payment of any applicable late fee, the City shall
issue a dog license stating the name and residence of the person to
whom the license is issued, the amount of fee paid, the date of
issuance and expiration thereof, the date of expiration of the
vaccination, and a description of the dog for which the license is
issued, together with the number of the dog tag which shall be
included with the license. Such license shall not be transferable
to another owner or guardian and shall not be valid for another
dog.
Section 8.03.040 - License fee late fees
A. The fee for a dog license issued under this chapter, except as
provided in subsections B, C and D below, shall be as set forth in
the municipal fee schedule.
B. The license fee for spayed female doge and neutered male dogs
shall be one-half of the fee listed in the municipal schedule for
subsection A.
C. No person having impaired hearing or eyesight shall be
required to pay any license fee for any dog specially trained for
the purpose of guiding such person.
D. Licenses for police dogs shall be issued without charge.
E. If a person fails to obtain a dog license within ten days
after service of a written notice that such license is required, or
thirty days after the expiration of a dog license or after
acquiring a dog or moving into the City with a dog, then a late fee
as set forth in the municipal fee schedule shall be charged in
addition to the applicable license fee.
Section 8.03.050 - Tag specifications, records: A dog tag bearing
the words "Cupertino Dog Tag" and an identification number
inscribed thereon shall be furnished to the owner or guardian of
the dog with each initial dog license. The City shall keep a
record of identification numbers, licenses issued, a general
description of each dog for which an identification number and
license are issued, and the name, address and telephone number of
the owner or guardian of the dog. It shall be the responsibility
of every dog owner to ensure that the City has on file the current
address and telephone number for any licensed dog.
Section 8.03.060 - Duplicate taas: Whenever any tag as provided in
this chapter is lost or stolen, the City shall issue a duplicate
upon application therefor and upon the payment of a fee as set
forth in the municipal fee schedule.
Section 8.03.070 - Leash required: No person owning or harboring
any dog shall allow or permit such dog to be upon a public street,
sidewalk, park, or school ground except when held by means of a
leash not to exceed six feet in length.
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A. The humane officer shall not seize or impound a dog for
violation of an ordinance requiring a dog to be leashed or issue
citations for violations of such ordinance 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 with the consent of the owner or person with a right of
possession of the property.
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, or a stray dog whose owner's name, residence or telephone
number is provided on identification worn by the dog, shall not be
seized or impounded. However, in such cases citation may be issued;
provided that if in such a situation the owner or person who has a
right to control the dog is not home, the dog may be impounded, but
the humane officer shall post a notice of such impounding on the
front door of the dwelling of the owner or person who has a right
to control the dog. Such notice shall state the following:
(1) That the dog has bean imgounded;
(2) Where the dog is being held;
(3) The name, address and telephone number of the agency or
person to be contacted regarding release of the dog; and
(4) An indication of the ultimate disposition of the dog if
no action to regain the dog is taken within ten (10) days,
excluding the day of impoundment, weekends, holidays and days which
the impounding facility is closed.
Section 8.03.090 - Number of dour and litters allowed: No more than
three dogs over four months of age, including no more than one
unspayed female, may be harbored on any premises within the City
without a valid permit issued by the City for a boarding kennel,
pet or grooming shop or animal shelter, clinic or hospital, except
a premises maintained by a veterinarian licensed by the State for
the practice of veterinary medicine. A female dog shall be
rebuttably presumed to be unspayed, unless the owner provides
evidence of spaying. Written certification from a licensed
veterinarian that a dog cannot be spayed or neutered for health
reasons or is incapable of breeding shall be deemed a satisfactory
substitution for a certificate showing the dog has been spayed or
neutered.
Chapter 8.04 REGULATIONS OF CATS
(For statutory provisions regarding regulation of cats, see Food b
Agr. Code sec. 31750 et seq.]
Section 8.04.010 - Number of ca~s and litters allowed: No more
than three cats over four months of age, including no more than one
unspayed female, may be harbored on any premises within the City
without a valid permit issued by the City for a boarding kennel,
pet or grooming shop or animal shelter, clinic or hospital, except
a premises maintained by a veterinarian licensed by the State for
the practice of veterinary medicine. A female cat shall be
rebuttably presumed to be unspayed, unless the owner provides
evidence of spaying. Written certification from a licensed
veterinarian that a cat cannot be spayed or neutered for health
reasons or is incapable of breeding shall be deemed a satisfactory
substitution for a certificate showing the cat has been spayed or
neutered.
Section 8.04.020 - Registration required: No person shall keep or
board any cat that is over the age of four months for more than 45
days, unless a registration certificate is issued by the City
stating the name and address of the person to whom the certificate
is issued, the date of issuance, a description of the cat for which
the certificate is issued, and the number of the cat tag. With
each certificate the City shall issue a cat tag bearing an
identifying number and the words and letters "Cupertino Cat I.D."
The fees for the cat registration, and for a duplicate tag if
necessary, shall be as set forth in the municipal fee schedule.
The City shall maintain a registry of all cat registration
certificates.
Chapter 8.05 SALE, GROOMING & BOARDING OF ANIMALS
[For statutory provisions regarding: retail sales of doge or cats,
see Bealth & Safety Code sec. 25995 et seq.; sale of dogs by
breeder, see Bealth & Safety Code sec. 25989.500 et seq.; negligent
operation of pet shop, see Penal Code sec. 5971; prohibition
against selling or giving dog or cat unless spayed or neutered, see
Fd & Agr. Code sec's 30503, 31751.]
Section 8.05.010 - Sale of animals restricted:
A. No person shall sell or display any rabbits, baby chicks,
ducklings or other fowl which have been dyed, colored or otherwise
treated so as to impart to them an artificial color.
B. No person shall sell or give away any animal upon any street,
sidewalk, park or schoolground.
C. No person shall sell or give away any rabbits, baby chicks,
ducklings or other fowl under four weeks of age.
D. No person, other than a licensed animal shelter, shall sell or
give away any cat or dog under eight weeks of age.
Section 8 05 020 - Pet or grooming shop & boarding kennel permit
required•
A. Permit required, application, fee. Any person who owns a pet
or grooming shop, or boarding kennel shall secure a permit for
operation from the City. Applications for a permit shall be filed
with the City Manager on forms provided by the City and shall state
the maximum number of animals, including type of animal, to be
harbored at any one time. The permit fee shall be as set forth in
the municipal fee schedule.
B. Permit conditions. Conditions to secure the purposes of this
chapter may be imposed upon a permit at the time of issuance or at
such later date as the animal control officer deems necessary.
Unannounced routine inspections of the pet or grooming shop, or
boarding kennel shall be required by the humane officer to insure
compliance with this chapter. Such inspections shall be an
automatic condition of permit approval. Upon the issuance of a
permit, the permittee shall maintain a record of the names and
addresses of persons from whom animals are received and to whom the
animals are sold and shall make such record available to the humane
officer upon request.
C. Denial or revocation of permit. The City Manager may deny or
revoke any permit requested or issued pursuant to this chapter in
the following situations:
(1) Whenever he/she determines by inspection that any animal
facility fails to meet any of the conditions of the permit, this
chapter or applicable State law;
(2) Whenever he/she has reason to believe that the applicant
or permit holder has wilfully withheld or falsified any information
required for a permit; or
•
(3) If the applicant or permit holder has been convicted by
a court of law of more than two violations of this chapter in a
twelve-month period, or of state laws relating to animals, or has
been convicted of cruelty to animals in California or any other
state within the previous five years. For the purposes of this
section, a bail or forfeiture shall be deemed to be a conviction
of the offense charged.
D. Notification of denial or revocation. The City shall notify
the applicant in writing of the City Manager's decision to deny or
revoke the permit, the reasons for such denial or revocation, and
the applicant's right to appeal such decision within five working
days from the date of such notice.
E. Appeal from denial or revocation of permit. The applicant may
appeal the City Manager's decision to deny or revoke a permit to
the City Council by filing a notice of appeal with the City Clerk
within five working days from the date of written notification of
the City Hanager's decision. The notice of appeal shall be on a
form provided by the City Clerk and shall state the reasons why the
applicant believes that the decision does not comply with the
provisions of this chapter. The City Clerk shall set the time and
place for hearing and cause notice of such hearing to be mailed to
the applicant at least five calendar days before the date of the
hearing. The City Council's decision shall be final.
If the applicant does not file an appeal within 5 working days
after notification, or does not attend the appeal hearing either
personally or through an authorized representative, the applicant
waives the right to appeal.
F. No new permit after denial or revocation. If a permit has
been denied or revoked, a new application for a permit from the
same person for the same activity at the same location shall not be
accepted less than six months after such denial or revocation,
unless the City Manager finds pursuant to inspection and/or
investigation, that the grounds upon which the first application
was denied or the permit revoked no longer exist.
G. Expiration and renewal of permit. Any permit issued by the C
City 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.
Chapter 8.06 SBISIIRB & IMPODNDMENT OF ANIMALS
Section 8.06.010 - Disposition of impounded animals: No animal may
be disposed of until at least seventy-two (72) hours have elapsed
from the time of impoundment, excluding the day of impoundment,
weekends, holidays and days which the impounding facility is closed
to the public.
Notwithstanding anything to the contrary, an animal which has
been determined by a veterinarian licensed by the state of
California, or by other authorized personnel, to be diseased or
injuzed to the extent that emergency veterinary care will not
alleviate intense suffering shall be destroyed in accordance with
state law as soon as possible.
Section 8.06.020 - Care of impounded animals: The animal shelter
shall provide all impounded animals with adequate food, water,
exercise and shelter.
Section 8.06.030 - Impoundment fee: A fee shall be charged to the
owner or person entitled to custody of each animal impounded in the
amount of twenty-five ($25.00) dollars for each impoundment.
Section 8 06 040 - Seizure and post-seizure hearin4:
A. Except as provided in section 8.03.080, a humane officer may
seize and impound an animal for violation of any provision of this
Title or any provision of state law prior to a hearing in any of
the following situations where the owner is not present and where
the officer reasonably believes that such seizure is necessary tos
(1) protect public health, safety and property; or
(2) protect an animal which is injured, sick or starving and
must be cared for; or
(3) protect from injury an animal which has strayed onto
public property or public right-of-way.
B. Appeal. If the owner or person entitled to custody of the
animal wishes to challenge the impoundment, they shall personally
deliver or mail to the City Clerk a written request for a hearing
before the City Manager. Such request must be received by the City
within seventy-two hours of the impoundment, excluding the day of
impoundment.
C. Hearing. The City Clerk shall promptly set the time and place
for the hearing and shall cause notice of such hearing to be
deposited in the mail to the party requesting the hearing at least
ten work days before the date of the hearing. Pending the date of
the hearing, the animal shall be released without the impoundment
fee being imposed.
At the hearing, petitioner and the humane may be represented
by counsel, may present oral and written evidence, and may croas-
examfne witnesses. Strict rules of evidence need not apply. At
the conclusion of the hearing, the City Manager shall determine
whether the humane officer had authority pursuant to State or local
law to impound the animal, if so, the impoundment fee must be paid.
The decision of the City Manager shall be supported by the weight
of the evidence and shall be final.
Section 8.06.050 - Hearing prior to animal dearivation:
A. Exeept as provided in sections 8.03.080 and 8.06.040, the
humane officer may not seize or impound any animal, without the
consent of the owner or person entitled to custody of the animal,
unless a hearing is held as set forth in section 8.06.040(C).
B. If the owner or person entitled to custody of an animal
refuses to consent to an impoundment of the animal, the humane
officer may issue a notice setting the date and time of an appeal
hearing and commanding the person to appear before the City Manager
at that time.
C. Failure to appear at the hearing ie grounds for seizure and
impoundment of the animal.
•
Chapter B.07 PENALTY
Section 8 07 010 - Violation, penalty. Unless the contrary is
stated, any person who violates any provision of this chapter shall
be guilty of an infraction and upon conviction thereof shall be
punished as provided in Chapter 1.12 of the City's Ordinance Code.
Section 8 07 020 - Remedies cumulative. All remedies prescribed
hereunder shall be cumulative, and the use of one or more remedies
by the City shall not bar the use of any other remedy for the
purpose of enforcing the provisions of this chapter.
SECTION 3. VALIDITY: It is hereby declared to be the intention of
the City Council of the City of Cupertino that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause or
phrase of this Ordinance shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
paragraphs, sentences, clauses and phrases of this Ordinance.
SECTION 4. URGENCY: This Urgency Ordinance was passed and adopted
at a regular meeting of the City Council of the City of Cupertino
on Se~cemb~er 7, 1993 by the following four-fifths vote as an urgency
ordina' nce of the City of Cupertino. This ordinance takes effect
immediately upon its adoption.
Vote: Members of the Citv Council:
Ayes: Dean, Goldman. Koppel, Sorensen. Szabo
Noes: None
Absent: None
Abstain: None
APP VED:
G U~
Mayor, ty o Cupertino
ATTEST:
c
CtyC er
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIM M. SMITH, City Clerk and ex-off~cio Cleric of the City Council of the City
• of Cupertino, California, do hereby certify a attached to be a full, hue, and ccxrecK copy
of Ordinance No. /G 3/ enacted ~ ~ ~ y9 j .
1N WITNESS WHEREOF, I have hcraurto set my hand and seal this /,i' 1~1i
day of ,S',oe te..~+ b ~ 1993
KIM M. SM)'TEi, City Clerk arnl roc- ~
officio Cltxk of the City Council ,` ~ ~
Cupertino, California