HomeMy WebLinkAboutORD 3257ORDI NANC~~ NO. .-125.7... _.
ORDINANCB 0~ fH~ COUNCIL OP TH~ CITY OF PALO ALTO
AME:NDING CHIU''rERS 6.04, 6.08, 6.12, 6.16, 6.20, 6.22,
6.28r 6.32, 6.36 AND SBCTION 2.08.220 OF THE PALO ALTO
MUNICIPAL CODE REGAHDlNG ANIMAL CON'rROL
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Sections 6.04.010, 6.04.020, 6,04,040, 6,04.050,
6.04.'061f;-6'7,j-.f.070, 6.04.080, 6.J4.ogo, and 6.04.100 hereby are
amended to r~ad as follows:
"6.04.010 Definitions 9.enerall~> For. the
purpose of this tttle, the following words and
phrases are defined and shall be construed as
hereinafter set out unless it sh,ll be apparent
from the context that a different meaning is in
tended. The present tense includes the past and
future tense1 each gender includes the othe~:.
The singular number includes the plur~l, anrt the
plural the singular.
ft6.04.020 Animal. The term 'animal' shall
mean any animal,-marnm;.~'l, poultry, bini, reptile,
f ishq or any othei~ dumb Ci~eature or a.ny live ver
tebrate c~eature other than a human being.
"6.04.040 Animal control officer. The term
'animal cont.rol offfcei?'-8fiaff''ffi"t?:ii1the superin
tendent of animal sen,ices and any crnployez""! of
the city having custody and control of animal
S(.Hvices and placaement Cf~nter and :Jf animals
ther:=in and whost."'l duties relate to the enfor·ce
men t. of the ordinances co net:'~ rn ing animals.
11 6.04.0 1)0 Cat. The term 'cat' shaH mean
any cat of any age of either sex.
"6.04.060 .Q9~· 'l'he term 'dog' shall mean
any dog of ,:;my age of either sex.
Mfi.04.070 Imeou~ded. The term 1 impounded'
shRll mean having been received into the custody
of the animal center, animal control officer or
any authorized agent or representative thereof,
or any police officer of the city.
"6. 04. 080 Pet _sbo;e" 'l'h~ term 'pet shop~
shall mean any person, firm, 0~ corpor~tion oper
ating an establishment whc~~ live animals are
kept for sale, for hire, or sold.
"6.04~090 ~erintende~. 'rhe term 'super
intend~nt• shall mean the superintendent of the
anim~l services division or any person authorized
to act in his behalf.
"6.1J4.100 Unlicensed~· The term 'unli
censed dog. shal r~mean'aey· og over the age 0 f
four months for which a current license has not
been paid or to which the tag provide~ for in
this title is not attached.
SECTION 2. Sections 6,08.020, 6.08.030, ~nd 6.08.040 of the
.;.;alo Af~f.fUrlTcipal·code hereby are amended to read as follows:
"6. 0 8. 0 20 Ba9_<J.;__~f an !,~a_! control off i c~r_::
Interfe,ence with an1mal control o~ficer. {a) --------.. ----------~--------·
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Animal control officers appointE:!d by the city
manag~r shall possess while engaged in the dis
charge of their duties badges plainly designating
their office, except that whe~ any police offi
cers acts as an animal control officer his barlge
as police officer shall be sufficient.
~(b) It shall be unlawful for any person to
hinder, molest, resist or interfere with the ani
mal control officer in the p~rformance of hiR of
ficial d~ties or to physically attempt to release
the animals in his custody.ft
"6.08.030 Enforcement. Upon the issuance
of an animal controf-of'ftcer badge, the recipient
thereof shall be duly sworn in as a public offi
cer or employuee of the city, as authorized by
the Penal Code and is hereby charged with the
duty of enforcing this code ~nd all ordinances of
the city and the penal laws of the state relating
to the care, treatment or impounding of dumb ani
mals or for the prevention of cruelty thereto.
Such recipeint shall not be deemed to be a member
of the police department of the city but shall
function under the direction and supervision of
th(~ super. i.ntendent of t.he animal center. 11
" 6 • 0 8 , 0 4 0 ~ u t t]_C?_~~-~;(_-':.<?. _ ~.~E~E...,J2 • .1"~ r,nJ.~~. For the pur.pose of d1scharg1ng the dut1es 1mposed by
Section 6.08.030~ animal control officers and the
police of the city are authorized and directed to
enter <.1pon and .inspect, in accordance with the
procedures provided by law, any premises upon
which any animal is kept or harbored, and to de
mand the person owning or ha~ing charge or con
t.r.ol of the animal to exhi.bi.t such animal and its
license tag, rabies certificate, or permit if a
license, certificate, or permit is required by
this title."
SECTION 3. Sections 6.12.010 and 6.12.030 hereby are amended to
read aind Section 6.12.050 hereby is added to the Palo ~lto Municipal
Code to read as follows:
"6. 1 2. 0 1 0 Di ~_c~~i t i~._of impounq~~~ ~p imal s.
The superintendent shall hold any stray an1mal
impounded unde.t the provisions of this title for
a period of three days, not counting the first
day of impound, and during such period of time
~uperintendent sh~ll attempt to contact the owner
of such animal, if known, by phone or mailo Af
ter th~ passage of three days, said animal may be
sold by the supe~intendent as follows:
"(1) Sales shall be for casht at a price
established by the city manager.
~(21 If any animal is not redeemed or sold,
the superintendent may continue to hold the ani
mal for subsequent sale in accordance with the
provisions contained in this section, or order
the destruction of the animal.
"(3) No animal will be knowingly sold to
any person, medical college or university for
purposes of animal experimentation.
"(4) The superintendent of the animal cen
ter, or his designated appointee, may refuse to
sell any animal to any person or organization if,
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in his opinion, the animal should not be sold to
that person or organization.
"Standar-ds to be used when dtJter.mlning re·~
fu$al to sell are:
"a. Adopting party is intoxicated.
b. Adopting party has inadequate facili
ties for keeping the anim&l.
c. Adopting party would be in violation of
any ordinance of the city or state as a
result of the adoption.
d. Adopting party desires animal for
breeding purposes.
e. Adopting party desires the dog as a
guard for a business.
f. Adopting party has a history of animal
control violations.
g. Adopting party has past history of ani
mal cruelty.
h. Adopting party is suspected or known to
be involved in fighting dogs or other
animals.
i. Adopting party does not have the capa
city to provide for the essential needs
of t.be ~nimaJ..
nA wild animal which has been taken up by
the animal center shall be deemed not to be im
pounded unless there is reason to bel it.~ve it has
an owner. Such an animal need not be retained
for any minimum period of time, but may be r·e
leased in a park or wildlife area •;¥here lawful,
unless said animal is dangerous or suffering ex
cessively, in which case it may be forthwith hu
manely destroyed or other disposition made.
"Any ~nimal which is voluntarily surrendered
to the animal center by the owner need not be
kept by the animal center for any minimum period
of time.
"An animal impounded or othe~wiBe taken into
custody by the animal center which has been cert
ified by a licensed veterinarian to be diseased
or injured to the extent that emergency veteri
nary care will not alleviate intense suffering,
shall be destroyed forthwith.~
"6.12.030 Reclaimins_ animals., Any animal
\flay be reclaimed by t.he ownerorperson entitled
to its control before the sale or other disposi
tion thereof by paying all fees and charges that
have been incurred or accrued up to the time of
reclamation. Any and all fees may be waived by
the Superintendent of Animal Services if the own
er of the animal agrees to and does s9a~ and/or
neuter the animal in question1 all surgery fees
will be collected in lieu of redemption fees~
Nothing herein shall prevent the issuance of a
citation or complaint for any violation of law.~
"6.12.050 _Injur:~~ .. ?nima~. It shall be the
duty of all officers of the An1mal Center and for
police officers to deliver all sick and injured
cats and dogs found in a public place without
their owners to a veterinarian known by such
officer or agency to be a veterinarian that ordi
narily treats dogs and cats for a determination
of whether the animal shall be immediately and
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humanely destroyed or shall be hospitalized un
der proper 1:are and given emergency treatment.
Upon return to the Animal Center it shall be
the duty of the Super intendant to insure that
prescribable treatment will be continued until
the animal is either re deemed by its owner or
is euthanised. The duty created pursuant to
this section shall not be considered as a man
datory duty for purposes of the California
'l:'orts Claim Act.
SECTION 4. Sections 6.16.030, 6.16.040, 6.16.050, 6.16.070r
and 6-:16:-Dao-hereby are amended to read and Sect i.ons 6. 16. 102 and
6.16.105 hereby are added to the P.~lo I> • .lto Mlmicipal Code
as follows:
"6.16+030 License fee, late fee. (a) The
fee for a dog li'C"ense-issued-under this chapter,
except as provided in (b) r shall be as set forth
in the municipal fee schedule.
"(b) The license fee for spayed female dogs
and neutered male dogs shall be one-half of the
f:ee listed in the municipal fee schedule f:ot~
(a) •
11 (c) If a per::3on fails to obtain a dog li
cense within ten dayR after service of a written
notice on him that such license is required, or
thirty days after the expiration of a dog li
cen.set or ten days after acquiring a. dog or mov
ing into the city limits with a doq, then a latE~
fee as set forth in tho municipal fee scheduJ.e
shall. be charged in addition to the applicable
license fee."
"6 • 1 6 • 0 4 0 T as_~£_~!_~~.£~ t i C?..ll~.-:._r:££9E9.§.. A
plate or tag with an 1dent1f1cation number in-
scribed thereon shall be furnished to the owner
or possessor of the dog to be licensed with each
initial dog license. Such identification number
shall not be transferable to another dog. The
superintendent shall keep a record of identifica
tion numbers 1 licenses issued, a general descrip
tion of each dog for whi.ch an identification num
ber and license are issued, and the name, ad
dress, and telephone number of the owner or pos
sessor of each dog for which an identification
number. ~nd license are issued. It shall be the
responsibility of every dog owner to insure that
the superintendent of the animal center has on
file the current address and telephone number for
any licensed dog."
"6 .16. 050 !!il':!E.£-EL£2.~~-::_~m_.e«-~.~~~· Every dog not wearfng a collat' to winch 1s at-
tached a valid plate or tag provided under this
title, found or being within the city~ shall be
taken by an animal control officer or the police
and impounded in the animal cent0r where it may
be redeemed by the owner or person entitled to
its possession within three days after impounding
on payment to the city of all accrued charges and
costs. If not redeemed, such dog shall be de
stroyed by the superintendent; provided, howeverr
that the superintendent is authorized to keep
valuable dogs and sell them, and his receipt for
the sale thereof shall be a ualid title t.o the
purchaser.
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"Any dog which has been within the city for
ten days ()r less and which is held continuously
under a leash not more than six feet in length by
an able-bodied person or confined within a vehi
cle shall not be taken by an animal control of
ficer oL the police and impounded in the animal
center."
"6. 16.070 ~~!:.E!__Idl?.O.J!._t:~de.~~j_o_l},• When
ever a dog is redeemed, the party redeeming must
execute a receipt for the dog.
"If a license fee has not been paid for the
then current year for any impounded dog, the par
ty redeeming must, before redemption, pay in ad
vance all charges for rabies vaccination and will
receive a citation or. notice to comply with li
censing ordinance within ten days."
"'6 .16. 080 ~umbe;:._~f_<!~ca..~an<!_f~!_e_do~
allowed. {a} No more than three dogs may be
kept oi maintained at any st~eet address within
the city unless the person, family, or group of
persons keeping or maintaining such dogs is oper
ating a bona fide animal clini.c or hospital or a
duly 1 i C(:msed pet shop.. do<J kenne 1, c i r.cus 1 carn
ival, traveling show, mcnage~ie, or dog exhibi
tion at such street address.
11 (b) No more than one unspayed female dog
may be kept or.~ maintained at any street address
l•lithin tbe: city unless the p•:!r.son, family, or
group of pa~sons keeping or maintaining such dogs
is operating a bona fide animal hospital or a
duly licensed pet shop, dog kennel, circus, carn
ival, traveling show, menagerie, or dog exhibi
tion at such street address.~
"6.16.102 Pr.!_'!_':.~e_£~9~r_!y •. An animal con-·
trol officer shall not se1ze or in~ound a dog for
violation of an ordinance requiring a dog to be
leashed or issue citations for violation 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 to which the dog owner
or person who has a right to control the dog has
a right of possession. A dog that has strayed
from but then returned to the private property of
his owner or the person who has a right to con
trol the dog shall not be seized or impounded,
but in such a case, a citation may be issued;
provided, however, that if in such a situation
the owner o~ person who has a right to control
the dog is not home, the dog may be impounded.
The animal control officer shall post a n0tice of
such impounding ·)n the front door of the living
unit of the owner or person who has a right to
control the dog. Such notice shall state the
following: that the dog has been impounded,
where the dog is being held, th~ name, addressr
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 upec
ifi~d period of. time by its owner or by the per
son who has a right to control the dog."
~6.16.105 Juvenile citation. A juvenile
citation may be 1ssuea-EO any person under eigh-
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teen years of age for violations of the ordi
nances in this chapter. A. jiJvenile hearing shall
result from issuance of a juvenile citation, re
quiring an appearance with one parent before the
superintendent of the animal center. Failure to
appear may result in citation being referred to
the P a.lo Alto Po 1 ice J liVen i le Bureau and/or the
Santa Clara County Juvenile Probation Depart
ment."
SECTION 5. Sections 6.20.020, 6.20.030, 6.20.050, 6.20.080, and
6. 20, 090-,i't--e-her-eby dmended and Sections 6. 20. 110 r 6. 20. 120, 6. 20,
130, 6.20.140, 6.20.150, 6.20.160 and 6.20.170 are hereby added to
the Palo Alto Municipal Code to read as follows~
"6 & 2 0 o 0 2 0 J.m i ma l!!_C!.!L u.ll!:lfl.£..1 o ~c<! .. J2 .. ;:. em i ~e ~.
No person shall stake out, herd or graze any
animal upon any unenclosed lot or land in any
manner so that said animal may be or go beyond
the boundary of such lot or land. No person
shall stake or tie, or leave stak0d or tied~
within one hundred feet of an inhabited or unin
habited residence, any horse, cow, or goat in an
open lot, without the written consant of the
O',o,JIIE~t· and/or occupant of such rt~ sidence,"
r! 6. 20.0 30 An!_!nals_)~ .. ttl;__!_l}_~.n.£l_~~~E..~~· J\1 1
horses, cows and goats within the city~ when not
in use, shall be kept inside of secure enclosures
at a 11 t i me s • 11
11 6. 2 0. 0 50 I~.i..9.~~-t:._C!.__ t ak~_J2.';>S~~-~ s iOI}_9_E._
1}_~~l~£_£e_d__a_~!.!!. When,~v<H" an 1ma ls an:; kept
within any building or on any premises without
food, water, or proper care and attention, the
animal control officers and the police of the
city may enter the btd.lding or. premil3es to take
possession of and remove the animals so abandoned
or neglected in accordance with procedures pro
vided by law."
"6. 2 0. 0 8 0 P~£~~~u i ;:e<!..J': . .<? ..... ~~!.~ y~ stock, No person shall keep any horse, cow,
g6at, sheep, fowl or pig within the city limits,
except in the ag~icultural zone or open space
declared area, without first securing ~ permit
therefor from the superintendent of the animal
center. The fee for this permit shall be as set
forth in the municipal fee schedule."
"6.20.090 Fowls, goats, and rabbits. No
person or persons,-· firm ~orcorporation -shall keep
or maintain or cause to be kept or maintained
within the corporate limits of the city of Palo
Alto~ more than one chicken, duck, goose, pigeon,
or other fowl or any goat, rabbit, or hen, except
under the following conditions;
w(1) Such poultry and 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.
"(2) Such house or coop and runway shall at
all times be maintained in a clean and sanitary
condition: shall be cleaned once a week ~r more
ofta~ if necessary and shall at all times be free
from offensive odors and flies.
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11 (3) Such houses or coops shall be well
limewashed or painted once a year, or more often
if necess.1ry.
"(4) No part of any such house, coop or
runway shall be less than twenty-five feet from
any dwelling or place of business occupied by
human beings for dwelling or business purposes
without written consent of the occupant of such
dwelling or place of business.
"(5} No person shall keep or maintain any
house, coop and/or runway within twenty-five feet
of any property line of the lot or parcel of land
~pon which it is situated without the unanimous
written consent of neighbors whose property lines
are within said twenty-five feet.
~(6) No person shall keep or maintain in
the city, except in the agricultural zone or open
space declared area, more than six chickens with
out the unanimous written consent of neighbors
whose property lines are within said twenty-five
feet.
~(7) No person shall raise, keep or have in
n1s possession any live roosters, geese, peacocks
or. quinea hens over the age of baby chicks or.
goslingsw except in the agricultural zone or open
sp~cG rleclared area.
"{8) No person shall keep or maintain in
the ci.ty, except in the agricultural zone or open
space declared area, more than two adult goats.
However, no adult male goat shall be kept or
maintain2d unless neutered."
"6.20.110 Numberofcats. (a) Nomore
than three ca tH m<iy--be-~kept or maintained at any
street address within the city unless the person,
fami1.y or group of persons keeping or maintaining
such cats is operating a bona fide animal clinic
or hospital or a duly licensed pet shop! cat ken
nel~ circus, carnival, traveling show, menagerie,
or cat exhibition at such str.eet address.
"(b) No more than one unspayed female cat
may be kept or maintained at any street address
within the city unless the person, family, or
group of persons keeping or maintaining SLch cats
is operating a bona fide animal hospit~l or a
duly licensed pet shop, cat kennel, circus, carn
ivalr traveling show, menagerie, or cat exhibi
tion at such street address.w
"6.20~120 -~;:eedinc;!_ Pt;t:~i~ reg,uire~. Any
person own1ng or hav1ng control, custody, charge
or possession of any cat or dog for breeding pur
poses shall secure a cat or dog breeding permit
from the superintend~nt of the animal shelter.
The fee for such permit shall be as set forth in
the municipal fee schedule. A cat or dog shall
be deemed to be used for breeding purposes if
more than one litter per year is raised, per per
mit holder."
"6.20.130 Animal at !._~rg:~ while in heat/
prohibi t~.i· rt; TSGii1awrul for -th'e "owner or-per
son havfng possession, charge, custody or contr.ol
of any female dog or cat to cause or permit or
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allow the same to stray or run or in any other
manner to be at large upon any public street,
lane, alley, court or other publlc place in the
city while such female cat or dog is in heat."
"'6.20.140 Bar.~i'!.'l-~l:!· . It ~hall be unlaw
ful for· any pet"son to keep, malntcun, or permlt
in or upon any premises within the city any bat"k
ing dog that is under the control of said person.
'Barking dog 1 is defined as ,, dog that barks 1
bays, cries, howls or makes any other noise con
tinuously and incessantly for a period of ten
minutes ,;.¥ithin a fifteen-minute period to the
<iisturbance of any other. person. The issuance of
a citation shall be within the discretion of the
animal control officer or other enforcement per
son.
"'Nothing herein shall require or prevent the
utilization of nuisance abatement proceduces for
abatement of the nuisance created by such barking
doq."
11 6.20.150 Vaccination/rabies. Every mmer
\") [ a ,1U<J ;)1/(!l.' fo~lr -ii1o'(1Ths -of-'(1g_e_fJha 11 CaliSe such
: i o 'J t •') be v a c (" .i n ~~ t e d w i t h a n ant .l-r a b i e s v a c: c in e
(JPP~"OVt-)•:l by the stat"1 dep(u·tmtmt of public
health< RE?vaccination shall be made at: such in~
tervals of time as may be p~escribed by the state
de pa ~: t;n~ r\ t of pub 1 i c he a J th •
.,,;ny animal may b•:! exempt fr:om the rabies
vac:cinati.on requirement upon approval of tr>e
super· in tend en t of the anima 1 center 1 21nd upon
presentation of an affidavit from a licensed vet
<:n·i.na.rian stating that, in t.:e opinion of such
veterinarian, the vaccination would be injurious
tc) the health and well-being of such animal."
N6.20.l60 ~~tary_~l£~~~· All animals
and all premises, enclosures or structures where
in animals are kept shall be maintained in a
clean and sanitary condition, free from all ob
noxious odors and substanceE. All animals and
all premises, enclosures or structures wherein
animals are kept shall be thoroughly cleaned, and
all debris, refuse, manure, urine, waste food, or
ot.her -':'emovabl~ material shall be removed ther.e
from every day or more often as necessary."
"6. 20. 170 S_la!;l_q_~ter }~'!!!i~tals. It shall
be unlawful for any person by any me~ns to slaugh
ter any dog, cat, sheep, goat, pig, cow, horse~
deer, raccoon, coyote, or mountain lion within the
City of Palo Alto."
.E:E~ON __ ~. Se~t ions 6. 22.020 and 6. 22,040 are hereby amended
and Sect1ons 6.22.060, 6.22.070, 6.22.080, 6.22.090, 6.22.095~
6.22.100, and 6.22.105 are hereby added to the Palo Alto Municipal
Code to read as follows:
"6.22.020 Sanitation. Every person who
owns, conducts or operates a pet shop shall
comply with the following!
~(1) All animals and all premises, enclo
sures or structures wherein animals are kept
shall be maintained in a clean and sanitary con
dition, free from all obnoxious odors, sub
stances, and flies.
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"(2) Alt ;~ninMls .lrH1 all prelnise$, enclo-
surl's or stn.Jt:tun•s wherein anim.\1~3 arc kept
Hhdll b~ thoroughly cleaned, and all debris, re
fuse, mdnure, urine, waste food, or oth~r remov
~ble material shall he removed therefrom every
day or more oEten as necessary to effect compli
~nce with the provisions of subsoctlon (1) of
this section. Daily cleaning of animals, prem
ises, @nclosures or structures shall be completed
prior to tl-'? time that the pet shop is open to
the public for business. Nothing herein shall
prevent continuous cleaning of the animals, prem
ises, structures or enclosures when the pet shop
is open to the public, and after compliance with
all of the above.•
"6. ~~2. 040 ~"~f~yn9_~.~Q.~2!l~-ll~mb~~-r~ot!_f i
cation. Every person who owns, conducts, or
ooerates ,J pet shop shall provide the Police Dep~rtment and the superintendent of the animal
center with the names 1 current address and phone
number.s of persons to be notifJ,od du.r.ing i:.'IOY hour
of the dav or niaht who will proceed at once to
the locatlon so ~s to permit entry to the prem
:.se::; ~)\' U11.:> 1nL·:nl ,:;ontr-o1. <)f.ficer!3 ot· the police
)~:f.ict~;_.,, nf the city, in Lh\.! f!Vt"llt of an erner
•JeiJcy :-; i L,l.'lt iOf"i,"
"6. 2 2. 0 6 0 D i-~~~~~q__a_n~<.~.::li~E.~·:!._ ~.~}.m~~" Svery person who owns, con~1cts or operates a pet
shop sh.;:.ll. t.ake rea~~t)nahl'~ care t.o display or rG
lease fo~ sale, traJ2 or adoption only those
ani~als which a~e (ree of disease or injuries.
The superintendent of the ~nimal centet· or his
designated appointee may ot·der any animal which
is sick~ diseJsed, or injured to be removed f~om
clisplay."
"6.22.070 Dead animals. Every person who
owns, conducts 0r-ope.ratcs·-~· pet shop shall re
filove any de<1d anir11als fr.om display on a daily
basis, or more often as necessary.R
~ 6. 22.080 Per&L.:;-_~qu_i]:e_~ _:__pet _shog ~D .. <!._
b2_ard lr!9__l<e~. Ever-y person who owns a pet
shop or board1ng kennel shall secure a permit for
operation of sa~e. The fee for such permit shall
be as set forth in the municipal fee schedule.
Conditions to secure the fiurposes of this chapter
may be imposed upon a permit at the time of issu
ance or such later date that the superintendent
of anim~l control deems necessary. Unannounced
routine inspections of the pet shop or boarding
kennel shall be required by the superindendent of
animal control to insure compliance with this
chapter. Such inspections shall be an automatic
condition of permit approval."
"6. 2 2. 090 ~L:mi t _;:~li red _:__s ro<?_m!,ng sh_o_E ~
Every person who owns, conaucts, or operates a
grooming shop shall secure a permit for operation
of same. A grooming shop shall mean any person,
firm or corporation operating an establishment
where live animals are groomed as a business.
The fee for such permit shall be as set forth in
the municipal fee schedule. Conditions to secure
the purposes of this chapter may be impvsed upon
a permit at the time of issuance or such later
date that the superindendent of animal control
deems necessary. Unannounced routine inspections
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of the <p:-o•):nin<J shop shall be n~quiu~d by the
sup~~rintendent of animal C\)ntrol to it\Stlre com
nl iancP. with this chapter. Such in~pection~>
~3hall he an autom.Hic condition of permit ap
proval.
"6.22.095 sale_~L_~~~~~~-~~d--~~~e~~~· No
person who ownn, operates, conducta, or 1s em
ployed by a pet shop shall ~isplaye sell, offer
for sale, barter, or gi~e away any kitten or
puppy under Bight weeks of age."
w6.22.100 S,~le of t"accoons. Nt) person who
owns, opei.-.:1t.e::3, c()nJucfs;-or-rs employ~d by .a pet
shop shall display, sell, or offer for sal.e any
rtH:'!Coon. H
"6,22,105 Sale of rabbits, chicks, duck-
1 inqs. Nu uerson-shaffserl, -()ffer--tor-safe~--
barter, oc ~~ive away· any rabbits1 baby chicks,
ducklings, br other fowl undec four weeks of age
in any quantity less than six."
SECTION 7. Sections fi.28.010, 6.28.020, 6.28,030, and 6.28.240
of tlJ'e···p~lf,)-Ait.o 1,luni.<::ip-"d C1de <.~~-~, :·,t:•r:c~)Y .:·unendcd to 1:<::·:\~l us fol
lows:
~'6.28.010 Definitions. The f1Jllowing words ..._,_ ______ .,,...._. ----.. _,. ('"
and phrases '""hen.ever used 1n this cha.ptf.~t: are d~
fined as follows:
, (a) ! Danger,)US a.nima l' :n·~nn~:. any do'J or
other animal which demonstrdtes a propensity to
assault, bite, scratch, harass people or other
animals without provocation. Any animai that
bites a person shall t)e pre:3umed to be dang,~r-~
)US,
"(b} 'Wild animal' means any exotic, ven
f!;nous, non-domestic~ or untr.a.in(d animal which
because of its size, natural disposition, or
other characteristic constib.ltes a ha:~:az:-d or. men
ace to persons, or animals or is likely to damage
property.
R6.28.020 Dan~~~~~~im~~~ la~. It
is unlawful fo~ any person own1ng or hav1ng pos
session, custody, charge, or control of any dog
or other animal known by such person to be dan
gerous to cause or permit the animal to run loose
about said person's p~emises in a manner endan
gering any person lawfully entering such prem
lsest or cause oc· permit the animal to be i.mre
strairced upon or. about an.y public street, side
walk, park, schooly~rd, or property of other per
sons.
~For purposes of this section lawful entry
to a premises includes but is not limited to
entry made by a person in the performance of any
duty imposed upon that person by the laws of this
state or any city or county or by the laws or
postal regulations of the United States, o~ when
that person is on such property by reason of ac
cident beyond control, or disaster, or by invita
tion either expressed or implied.•
1111 6 • 2 8 • 0 3 0 Dan 9: e r o u s 4 O<J ~ and an i m a 1 s . ( a )
The superintendent of t~an1malrcenter snall re
pos:-t in writing to the chief of police concerning
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any anim,ll the st.lperintendent i::: tnformed 1s, or
believes to be, a rlangerous animal.
"(b) The chieE of police or his rlesignees
shall set a date and time for a public hearing to
determine whether such animal is''* d-1n9erous
animal as defined In Section 6,28.010(a). Ten
days 1 written notice of the t~me and place f()t:
the hearing shall be given t0 the pe~son who owns
or has pos.'3cssion, custody( charg1;:, or, contr..)l of
the animal.
"(c) The chief of polic1? or. his desi9nee
shall preside at th~ h0.lring arh~ shall surnmon
witness<!s, administet' oaths, hear testimony, .Jnd
determine whether the animal i~1 a. dangtH'OUS
animal.
~(d) In determin1n~ whether the animal 1s a
dangerous animal, the chief of police or his des
i<Jnee shall consider evidence conce!:nin<J any
bites committed upon persons by the dog; pro
vided, however, that su~h evidence shall not be
exclusi,!e. l\n ani..;nal may b<~ srh>-.'n to b': <L:nger
o us e v c n tho U'J h i t i s not. J,.n () ·: (c n t._) h a v c:~ b i t t !.' n
any per.son.
ft•rhe chief of polic<:~ <)1: his d(:si(Jrtee shall
a 1 so cons.id e r any .:H>sa J 1 U> upon per sons or other:
animals by U1<:~ anima 1, any incidents •.)t hcn·d.s~3-
m e n t by the a n i rna l 1 t i1 e c i r c u :n . .:; t .:! :; c: r;, s s u n: o u f) d !. n rJ
any incident indi<:::.~ting the t..'::!mper: (!r vici.ousne:;s
of the animal and the general reputation of the
anim,ll in the community vd.th respect to its tem·~
per and viciousness. The deliberation shall in
c 1 ud e any pro•loca t ion that may have caused th.<:-
an i ma 1. u.~ t~ x hi b it f e t: oc i o us or: v i c i o us c h ru d c t e r
istics.
n(e) If the animal is determined to be a
dangerous animal, the chiuf of police or his des
ignee may revoke the animals licenGe where appr-o
priate and order its removal from the city within
twnety-four hou~s, order its destruction, or
grant a permit for possessing a dangerous animal
as provided in Section 6.28.040.
"(f) It is unlawful for any person to own
or have possesaion, custody, charge, or control
of any dangerous animal ordered from the city by
the chief of police or his designee pursuant to
this section. Any dangerous animal within the
city twenty-four hours after the removal order
shall be subject to seizure by animal control
officers or the police.~
"6 • 2 8 • 0 4 0 E~..!!~.!l9. '!.i!nte z::o~~-'!~l.d animals. (a) It 1s unlawful or any per:son to -~orhave possess ion, custody, char<;~, Gr con~
trol of any elephant, bear, hippopotamus, rhino
ceros, ocelot, lion, tiger, alligator, crocodiler
leapard, wolf, monkey 1 squirrel, r~ccoon, danger
ous dog, or any venomous or dangerous reptile of
any kind or any dangerous or wild animal without
first obtaining a permit from the chief of po
lice. Any dangerous dog shall also be licensed.
~(b) Applicants for such permit shall pay
an annual permit fee per animal as set fo~th in
the municipal fee schedule.
_,_
"(c) All pl'?rrnit:-> provided f<Jr in this sec
tion shall be valid for one year from the rldte of
~ssurance, unless r0voked aG provided ~n this
section.
"(d) Upon receipt of dn application for a
permit to maintain any of the animals set forth
in this section, the chief of pollee may issu~
such permit if he is satisfied that such animal
will be kept in a safe, secure and hum&ne fashion
and without menacing the safety of any person or
animal o~ ~~using d~mage to property. As a con
dition of granting the permit, the chief of
police may require that such animal be property
caged or tethered and may make and issue regula
tions cega~ding the possession or maintaining of
such animal within the city.
"Any conditions for granting of permit must
be noted on the permit at the time of issudnce or
at a le.!ter date that the chief of pol i<::e or the
superintendent of the animal center deems neces
sary. Special conditions may include but ar0 not
limited t.o:
" ( 1) Keeping the animal conf incd on the
premises in an enclosun~ approvt::d by tho cl)tt.:f of
police ot~ the supe-cintendt~nt of ~.:llt=J animal cen-
ter.
"(2) Keeping th€ animal s~::::u1:~ly !Tluz:r~i.eJ,
le'lshed, and under.· the control of a perso'l ei9h
te·en {18) years of age l)l::-older, and who i; phys
ically capable of restraining the ani!'Tlal when the
animal is either on or off the p!:opet·ty of thE•
person havin9 control 1 custody 1 care, or ownc~r
ship of the animal.
11 {3} Providing financial responsibility by
posting a bond or certificate of insucance to an
amount deemed necess .r:y by the chief of pol i c~:.
"(e) Any permit issued under this section
may be revoked when any provision of this chaptec
or any condition or regulation issued by the
chief of police under this chapter, is violated,
or when, in the opinion of the chief of police,
the safety of any person or animal is menaced o~
property is likely to be damaged by the posses
sion or maintenance of such animal.
"{f) This section shall not apply to any
dangerous or wild animal caged in a safe and
humane manner when being transported through the
city or when such animal is w;thin the city under
the control of a city-licensed circus, carnival,
traveling show, or collection of animals.
"However, in all cases p~rsons owning, car
ing for, or having control of any animal ~nown as
a dangerous animal or wild animal as defined in
this section or section 6.28.010 must post at
entrances to the property where such animal is
kept, a sign not less than twelve inches square,
warning persons that a dangerous or vicious
animal is present. If in transit, any cages or
containers used to hold such aniillals must have a
clearly visible notice attached to such cage or
container warning of the presence of dangerous or
vicious animals,n
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SECTION 8. Secti.ons 6.32.020 and 6.32.030 of the Palo Alto MunicTpar-codc~ are hereby amended to rc~ad as follows:
"6.32.020 A~imal~-~~s~~~~~~-~~-~~vi~
rabies. Whenever the owner or person in control Of-any anima 1 is in formed that such anima 1 ha~::
bitten a human being, or suspects that th£:~ animal
is infected with rabies, he shall immediately re
port the same to the local health department and
to the police department, and shall lmmediat.cly
confine such animal. At the discretion ~f the
local health officer or animal control officer,
any animal which bites or othe:rwise exposes a
person shall be i.solated in strict confinement in
a place and manner approved by the local health
officer or animal control officer and observed
for at least fourteen days (dogs and cats -ten
days) after the day of infliction of the bite,
with the exception that the following alternative
to the ten day isolation of dogs and cats is pe~
mitted --dogs or cats which have been isolated
in strict confinement under propel· can: and under.
observation of a licensed vetecinarian, in a
pound, veterinary hospital o.r other.· ad~:c~(JUate fa-
cility in a mantwe appr.oved by the loc.:1l tH~a1t.h
officer or animal control officer, may be releas
ed from isolation by the local health officer or
animal control. officer after five days of veter
inary observation if upon conducting a thorouqh
physical examination on the fifth day 01: mm~c· ~f-..
ter infliction of the bite, the obs0c,ring '-H~tt?>.-·
inarian ce~tifies that there are no clinical
signs or symptoms cf any systemic disease. If it
should appear at any time during such period that
the animal has rabies, the health office~ or
animal control officer shall cause the animal to
be destroyed. IE at the end of the fourteen-day
period or such other period as may be pcescribed
by the State Department of Public Health, it ap
pears that the animal does not have rabies, it
shall be released upon payment to the superinten
dent of a sum for its care during the period, to
gether with an impounding fee as set forth in the
municipal fee schedule; provided, however~ that
no i~pounding fee shall be charged to an owner or
custodian of an animal who immediately transports
such animal to the animal center.
"The health officer or anj.mal control of
ficer or his duly authorized representative is
empowered to enter upon any public or private
premises, in accordance with the procedures pro
vided by law, within the city for the purpose of
enforcing the provisions of this section and he
is empowered to call upon the police officers of
the city for assistance in enforcing such provi
sions. The owner of any animal which is ~:eported
to have bitten on two or more occasions may be
required to obtain a permit for keeping a danger
ous animal, as pursuant in Chapter 6.28, follow
ing investigation of reported bites and recommen
dation by the supe~intendent of the animal cen
ter."
11 6.32.030 ~?~2lf?_t:.£~J?..eeo_r!;_ -~~~!._ bites. All cases of an1mal b1tes treated by any
PflySfcian shall be reported by the physician to
the health department within seventy-two (72)
hours."
.. '
SECTION 9. Section 6.36.020 of the Palo .a.lto Mun.i.ci.pal Code 1.:·;
here by-amende-d to read as follows:
"6.36.020 Restrictions. (a) No person
shall sell, oE!::erfor-sale;··t-3-rt.er., 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 artiEicial
color.
~(b) No person shall sell, offer for sale,
barter, or give away any rabbits, baby chicks,
ducklings or other fowl ~nless such person pro
vides proper brooder facilities for the care of
such rabbits, chicks, ducklings, or other fowl
during the time they are in the possession of
such person.
"(c) This section shall not be construed to
prohibit the display or sale of rabbits, natural
chicks, ducklings, or other fowl, in proper
facilities by dealers, hatcheries~ or stores
engaged in the business of selling the same, to
be raised for food purposes.
n(d) t~o per~->on shall display, sell,. offer:
for sale, barter, or give away, upon any street
or sidewalk of the city of Palo Alto, as pets or
novelties~ ( 1) any fish, turtler snake, lizard,
chameleon, or other reptile; (2) any rabbit,
bird, cat, dog, fowl 1 guinea pig, rodent, or
othet" anima 1.
"(e) This section shall not be construed to
prohibit the display or sale of animals, birds,
fish, or reptiles legally held for sale in com
pl.i.zmce 'IIi th th .is sect ion in 1 i censed pet shops,
kennels, aviaries, or fish hatcheries.H
SECTION 10. Section 2.08.220 of the Palo Alto Municipal Code is
hereby-amendea-to read as follows:
"2.08.220 Animal services division. The
animal services division ~sfi'affb"elinder-the di
rection of a superintendent of animal services
who shall be accountable to the chief of police.
His duties shall be as follows:
"(1) He shall formulate and t:'ecom.rnend poli
cies and procedures relating to the care and con
trol of animals, and shRll administer such poli
cies and p~ocedures when approved, and shall con
duct such activities for the city.
"(2) He shall enforce all ordinances and
state laws relating to the care, control, im
pounding and registration of all animals.
"(3) He shall operate an animal shelter
which in addition to other activities shall
actively promote pet adoptions at the Palo Alto
Animal Shelter and provide new pet ~w"~~s with
instruction in responsible pet o~nership.
"{4) He shall conduct the sale of animals
as directed by law.
"(5) He shall deposit with the city trea
surer within three days such funds as may be col
lected in the operation of his division and at no
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. ' ,
I ('
tim~ r~t.lin more than one hundred dollat's in hiR
possession.
"(6) He shall ~ecorrooend a schedule of fees
or. rates to be charged for the care and mainte
nance of privately-owned animals.
11 ( 7) He shall be rt~sponsible for the des
truction of animals in accordance with the ordi
nances of the city.
'1 ( 8) He shall perform such other.: duties ,~s
may be required of him."
SECTION 11. The Council finds that this is not a project under
the caTifo:-:nia-Environment·'ll Quality Act and, therefore, no environ~·
mental impact assessment is necessary.
SECTION 12. This ordinance shall become effective upon the com
menceiiient-of-tne thirt.y·~fir.st day afte1~ the day of its passa9e.
INTRODUCED: ,January 12, 1981
P.ASSEU~ February 2, 1981
AYES! Bechtel, Eyerly, r·azz.ino, Fletcher, Henderson, Levy, Rr.nze1, \~itherspoon
NOBS: None
ABSTENTIONS: None
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