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Ord 2276 - Amending Chapter 4 Animals and FowlORDINANCE 2276 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 4 OF THE LOS GATOS TOWN CODE ENTITLED ANIMALS AND FOWL WHEREAS, Chapter 4 of the Town Code entitled Animals and Fowl provides for the regulation and control of animals in the incorporated areas of the Town of Los Gatos; and WHEREAS, a comparison review of Chapter 4 was undertaken to examine for accuracy, relevance, streamlining, and language; and WHEREAS, this amendment to the Town's Municipal Code is necessary for the health, safety and welfare of the Town and its inhabitants. NOW, THEREFORE, the Town Council of Los Gatos does ordain as follows: SECTION 1. AMENDMENT OF MUNICIPAL CODE. Chapter 4, Animals and Fowl is hereby amended to read as follows: Chapter 4 — ANIMALS AND FOWL ARTICLE I. - IN GENERAL Sec. 4.10.005. - Adoption. The animals and fowl ordinance of the County of Santa Clara as that ordinance is set out below with conforming amendments and deletions is adopted as and for the domestic animal code of the Town of Los Gatos with the exception of regulations governing horses which are set out more fully below in section 4.120.005 and following. Sec. 4.10.010. - Definitions. The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise. a. Abandoned animal: An animal that is left without proper and necessary care for the animal's well -being for more than twenty -four hours or an unreasonable period of time as needed for the age and species involved. "Abandoned animal" shall also mean any animal, lawfully impounded by the Town, for which the owner has not paid fees, rates or charges relating to the detention of the animal. This does not include the return of a feral cat to its original location by a person engaged in the practice of Trap- Neuter - Return (TNR) with a valid Rescue or TNR organization. 1 of 40 Ordinance 2276 September 18, 2018 b. Animal: Any multi - celled living creature other than plants and humans, including but not limited to birds, cats, dogs, fishes, fowl, rabbits, and reptiles. c. Animal control officer: Any person or agency authorized to act on behalf of the Town Manager in the enforcement of this chapter, and on behalf of the County Health Officer in the enforcement of rabies control laws and in the enforcement of state laws. d. Animal menagerie: 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. e. Animal shelter: 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. f. Animal rescuer: Any person or organization that provides temporary housing and care for domestic animals with the purpose of placing those animals with a new and permanent owner in a new home and that provides evidence satisfactory to the Town Manager or Town Attorney of a history of active placement or an affiliation with a recognized group with a history of active placement. g. Apiary: Bees, hives and associated appliances wherever the same are kept, located or found. h. At large: (1) The presence of any animal when it is off the premises of its owner and not restrained by a maximum six -foot leash under the direct physical control of a person physically capable of retaining control of the animal; or (2) When the animal is on the premises of its owner and not restrained by a 6 -foot leash, fence or other adequate enclosure sufficient to prevent ingress and egress of the animal or not under the control and /or the immediate presence of its owner; or (3) When a female dog is in estrus and not within a house, vehicle or other enclosure adequate to prevent male dogs gaining access to the female dog. i. Bees: Honey - producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae, or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax. j. Cat: A domestic cat (Fells catus). k. Commercial kennel: Any location or facility where the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots occurs; or any location where the boarding, training, sale or hire of dogs and /or cats for compensation is conducted. Except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels. I. Dangerous animal: Any wild or exotic mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because of its size, vicious nature, or other characteristics constitutes a danger to human life, other animals, or property. 2 of 40 Ordinance 2276 September 18, 2018 m. Dangerous dog: Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that: (1) Without provocation, has bitten a person while on public or private property; (2) Hasa known propensity, tendency or disposition for unprovoked attack, causing injury and threatening the safety of people or domestic animals; (3) Without provocation, chases or approaches people or domestic animals on the streets, sidewalks or any public grounds in a threatening manner or apparent attitude of attack; (4) Has been specifically trained to guard persons and /or property; (5) Has killed or inflicted severe injury on a domestic animal on public or private property; (6) Has been declared potentially dangerous, dangerous or vicious in another jurisdiction: or (7) Has, after having been designated potentially dangerous, engaged in the same behavior that resulted in that designation or that defines a potentially dangerous dog. n. Dog: A domestic dog (Canis familioris). o. Domestic animal: Any animals that are lawfully and commonly kept as pets including, but not limited to dogs, cats and birds, rabbits and fowl. p. Domestic bird: Birds that are lawfully and commonly kept as pets, including, but not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers. q. Euthanasia: The humane destruction of an animal. r. Exotic: Any animal not normally kept as a domestic or household pet, fowl, livestock, including but not limited to lions, tigers and monkeys. s. Feral animal: A domestic animal which is or has become homeless, or stray, or wild, or untamed. t. Fowl: Any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption. u. Grooming parlor: Any commercial place where animals are trimmed, bathed, or groomed. 3of40 Ordinance 2276 September 18, 2018 v. Guardian: An owner of an animal with the same duties and obligations under this title as F.LI�Pd /i1:7i1 w. Harbored: The feeding or sheltering of an animal for three or more consecutive days. x. Health officer: The director of public health or any person authorized to act on his or her behalf. y. Hearing officer: A person designated by the Town Manager or the Town Manager's designee to hear and decide any matter authorized pursuant to this Title. The designated hearing officer shall be an impartial person, such as: (1) a Town employee from a department not involved in the prosecution of the matter to be decided, or (2) a person selected from a panel of hearing officers of any size assembled by the Town Manager or the Town Manager's designee, or (3) a person hired from an organization which provides hearing officers. Hearing officers shall be selected in such a manner that the hearing officer does not have a financial incentive to decide a matter to a particular conclusion. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by the result of any lawfully performed hearing. z. Horse establishment: Any person keeping three (3) or more horses, donkeys, mules, jack, hinny, jenny burros, or ponies for any or all of the following purposes: (1) For hire to be ridden or driven; (2) For giving riding instructions; (3) for boarding with compensation. aa. Livestock: All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (swine type), corvine (deer type), caprine (goat type), and ratite (ostrich type) animals. bb. Lot: A single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the Office of the Santa Clara County Recorder. cc. Manager or Town Manager: Town Manager or any person authorized or designated by the Town Manager to act on the Town Manager's behalf. dd. Owner: Any person who acknowledges ownership of an animal or who harbors or keeps an animal for five (5) or more consecutive days. Owner means a natural person over the age of eighteen who owns, possesses, harbors, controls or has custody of an animal. All adults residing at the same property address shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored or controlled on the property. If an entity other than a natural person claims ownership of an animal, every natural person that exercises control over, or has an ownership interest in the entity has been deemed to be an owner of the animal for purpose of this Title. 4 of 40 Ordinance 2276 September 18, 2018 ee. Ownership: Any person keeping, harboring, controlling, having custody of, or possessing one or more animals for a period of not less than five days. ff. Person: Any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. gg. Pet: Any animal kept for pleasure rather than utility. hh. Pet shop: A location or facility where animals are offered for sale, exchange, barter, or hire to the general public. ii. Police dog: Any dog that is officially used by a peace officer in the course of law enforcement duties. jj. Potentially dangerous dog: Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that: 1) Without provocation, on two separate occasions within the prior 36 -month period, threatens the safety of persons while the persons are off the property of the owner or keeper of the dog; 2) Without provocation, on two separate occasions within the prior 36 -month period, while off the property of the owner or keeper of the dog, chases or approaches humans or domestic animals or livestock in a threatening manner or apparent attitude of attack or manner which require the persons to take defensive action; or 3) Injures a domestic animal to an extent that is less than severe but which requires veterinary care. kk. Premises: Any lot or parcel of land owned, leased or rented by a person. II. Private kennel: A person who maintains within or adjoining his or her private residence four (4) or more dogs over four (4) months of age, or five (5) or more cats over four (4) months of age, but no more than a combined total of seven (7) dogs and cats; such animals are for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two (2) male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two (2) litters of dogs or cats in any one (1) calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel. 5 of 40 Ordinance 2276 September 18, 2018 mm. Provocation: 1) Any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault, or otherwise cause a reaction by the dog or other animal; provided, however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered to be a provocation. 2) An act intended, or which would be reasonably understood to cause bodily injury to the dog's owner, owner's family, owner's property or domestic animals, in the presence of the dog; or 3) The entry into a private, fully enclosed area of the owner's real property with the intent of committing a crime or injuring a person. nn. Public place: Includes but is not limited to, streets, highways, sidewalks, carnivals, shopping malls, parks and areas in front of commercial establishments, or any other area that is customarily open to the general public. oo. Quarantine: Isolation of an animal in a place and manner approved by the health office or animal control officer. pp. Service animal: An animal that is individually trained to do the work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness or limitations to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals and the work or task an animal has been trained to provide must be directly related to the person's disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals. Miniature Horses that have been individually trained to do work or perform tasks for people with disabilities may also qualify as service animals provided: a) They are house broken; b) They are under the owner's control; c) Town facilities can accommodate the miniature horse's type, size and weight; and d) That the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operations of the facility. qq. Severe injury: Any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. rr. Trap- Neuter - Return: The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping, obtaining veterinary treatment for, and returning feral cats to their original location. ss. Trap- Neuter - Return Organization: Any organization or person duly affiliated with said organization that engages in the process of humanely trapping feral cats for the purpose of providing sterilization, vaccination or veterinary treatment for those animals and that 6 of 40 Ordinance 2276 September 18, 2018 provides evidence satisfactory to the Town Manager or Town Attorney of an affiliation with a recognized group with a history of active Trap- Neuter - Return activity. tt. Trespass: The entry into a private, fully enclosed area of the owner's real property with the intent of committing a crime or injuring a person. uu. Vaccination: A protective inoculation against rabies with an anti - rabies vaccine recognized and approved by the Santa Clara County Health Department. vv. Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, and /or the diagnosis and treatment of diseases and injuries of animals. ww. Vicious dog: Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that has committed or meets any one of the following: 1) Caused a severe injury to or killed a human being on public or private property; 2) Has, after having been designated dangerous, engaged in the same behavior that resulted in that designation or other behaviors defined in the Dangerous designation. xx. Wild animal: Any animal as defined by Fish and Game Code Section 4000, as may be amended, and game mammals as defined by Fish and Game Code Section 3950, as may be amended. Wild animal means all mammals wild by nature, and /or that can survive in their natural environment without the help of people. Some examples include, but are not exclusive to: deer, bears, squirrels, coyotes, skunks, foxes, raccoons, and the like. Cross reference— Definitions and rules of construction generally, § 1.10.015. Sec. 4.10.015. - Chapter not to regulate use of land. This chapter is not intended to regulate the use of land. Other provisions of the Town 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 Town of Los Gatos Zoning Regulations. Sec. 4.10.020. - Animals running at large. No person owning or having control of any animal shall permit such animal to stray or run 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. Sec. 4.10.025. - 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 large in violation 7 of 40 Ordinance 2276 September 18, 2018 of section 4.10.020 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 4.10.020, 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, or the premises are not secure such as to prevent the dog from straying from the private property owned by the dog owner again, the dog may be impounded, but the officer shall post a 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 following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog. (c) This section shall not otherwise affect the authority of an animal control officer to seize or impound a dog or issue citations as a result of the violation of any sections of this Chapter 4 other than section 4.1O.O25(a). Sec. 4.10.030. - Animal bites, quarantine, violation and examinations. (a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to the Animal Control Agency or health officer with full information with regard to the incident. (b) Upon receipt of such a report, an animal control officer is authorized to seize the animal and quarantine such animal for a period of ten (10) days or such other period as may be prescribed by the state department of health or determined to be in the best interest of public safety by the animal control officer. The health officer or animal control officer may permit the owner to quarantine the animal on the owner's premises or at an approved boarding facility. (c) Any person who fails, refuses or neglects to quarantine any animal as ordered by the health or animal control officer, or who refuses to allow the health or animal control officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the health or animal control officer. (d) The Town Manager may charge a fee, as set forth in a resolution of the Town Council for the Town's costs of quarantining dogs and inspections for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual costs of the health or animal control officer in housing, feeding and otherwise caring for a quarantined animal. (e) The specimens of any animal that dies or is destroyed while under quarantine shall be submitted to the laboratory of the County health department for rabies examination. 8 of 40 Ordinance 2276 September 18, 2018 Sec. 4.10.035. - 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 animal 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. (c) Diseased or vicious animals which are a danger to public health or safety shall be impounded and may be destroyed. Sec. 4.10.040. - 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 control 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 disposing of the body of a dead animal, the animal control officer will give notice to the owner of the animal, if known, within seventy -two (72) hours of the time that the dead animal is removed. (c) The Town Manager will collect a fee sufficient to defray the costs incident to removal and disposal 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 (65) years. Sec. 4.10.045. - Abandoned animals. It is unlawful to abandon any animal in the Town, as defined by Section 4.10.010(a). Sec. 4.10.050. - Animals in Town buildings. No person having the control or care of any animal or animals shall permit any such animal to enter or remain in Town -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, with the exception of service animals, as defined by state law, or dogs used in law enforcement by a governmental agency, or persons expressly authorized by the Town Manager. 9 of 40 Ordinance 2276 September 18, 2018 Sec. 4.10.055. - Authority of Town Manager and animal control officer. The Town Manager and animal control officer shall have the following power and authority: (a) To enforce the provisions of this chapter and state laws relating to the care, treatment, impounding and destruction of animals. (b) To arrest any person who violates any provision of this chapter in the manner provided by section 836.5 of the Penal Code. (c) Animal control officer to issue citation pursuant to section 6078 of the Civil Code. (d) To act as a public officer pursuant to Food and Agricultural Code section 7. (e) The Town 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 Town Council and any violation shall be deemed a violation of the Town Code. (f) Pursuant to Civil Code section 6078, the Town Manager may deputize as an animal control officer any officer of any animal control organization. (g) The animal control officer and Town Manager, relying on the expertise of the animal control officer, may make the determination whether an animal poses a threat to the public health and safety. If it is determined that the animal poses such a threat, the Town Manager and animal control officer: a) may take no further action against the animal, b) may order conditions regarding care and keeping of the animal, c) may require that the animal owner secure a permit to keep such animal, d) may require that the animal be permanently removed from the Town, e) may designate the animal Potentially Dangerous, Dangerous, or Vicious, f) may decide that the owner will lose all rights of ownership and control of the animal, or g) may order the animal destroyed. Any owner of an animal who is dissatisfied with the determination made by the animal control officer and /or Town Manager may follow the procedures in Section 4.30.030- 4.40.045. Sec. 4.10.060. - Inspection by animal control officer. (a) The Town Manager and /or an animal control officer shall have the power to enter upon and inspect 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 unless such requirement is waived by the occupant of the premises by granting consent to enter and inspect. (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 Town Manager and /or an animal control officer. If the land is unoccupied, the Town 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 Town Manager and /or an animal control officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as 10 of 40 Ordinance 2276 September 18, 2018 to require an immediate inspection to save the animal or protect public health or safety, the Town Manager and /or animal control officer shall have the power, under this Code and the provisions of Penal Code section 597.1, to immediately enter and inspect the property with the use of reasonable force. If the property is occupied in such a circumstance, the Town 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 misdemeanor. (d) Each animal control officer shall have and is hereby vested with the authority of a peace officer to the extent provided by law, see Penal Code section 830.9. Each animal control officer may, in the performance of his /her duties, enter upon any property to ascertain if any of the provisions of the chapter or any State laws relating to disease, care, treatment, impounding of, or cruelty to animals are being violated. Each animal control officer may serve warrants and make citations or arrests for the violation of the provisions of this chapter or any State laws in the manner provided by law. Sec. 4.10.065. - 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 domestic animal. Further, it shall be unlawful for any person to maliciously kill, maim, wound, mutilate, torment, torture, or physically abuse any animal. Sec. 4.10.070. - 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 animal); (2) Defecate on public property without immediately 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 or improper conditions to exist on the premises where that animal is kept that would cause odors, attract flies or vermin, or otherwise be injurious to public health and safety, or injurious to the health and safety of the animal, or be indecent, or offensive to the senses, or be such an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by other persons; (5) Trespass on school grounds; (6) Attack or bite other humans or animals; (7) Damage private or public property; 11 of 40 Ordinance 2276 September 18, 2018 (8) Repeatedly run at large; (9) Run at large while in the stage of estrus; (10) Howl, bark, meow, squawk, or make other noises continuously and /or incessantly for a period of ten (10) minutes or intermittently for one -half (112) hour or more which creates a noise disturbance across a residential or commercial property plane or within a noise sensitive zone shall be prohibited. For the purpose of this chapter, the animal or bird noise shall not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird. (b) The animal control officer may seize and impound any animal causing or creating a public nuisance. (c) A violation of this section, or any section of this Code which designates nuisance conduct, is hereby declared to be a public nuisance. Violations of this section can be charged as an infraction or a misdemeanor and prosecuted criminally, civilly, or administratively. The remedies provided in this section are not exclusive and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law. (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. Sec. 4.10.075. - Animals and vehicles. (a) Other than an individual actually in the process of working a dog or other animal for ranching 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 animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures that may adversely affect the health or well -being of the animal. (c) An animal control officer, police officer or safety officer is authorized to use reasonable force to remove an animal from a vehicle when it appears that the animal's health, safety or welfare is or will be endangered. Sec. 4.10.080. - Interference with police dogs or horses. No person shall injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise interfere with any police dog or horse within the jurisdictional boundaries of the Town while the police dog(s) or horse is in the custody of a police officer and /or is being used in the performance of official duties. 12 of 40 Ordinance 2276 September 18, 2018 Sec. 4.10.085. - Feeding of animals on public and private property. (a) It is unlawful for any person to feed, cause to be fed, offer food to any feral or wild animal, or to scatter food, seed or other forms of matter edible to feral or wild animals (collectively referred to as "feed" or "feeding ") on any public property (which includes, but is not limited to, public buildings, streets, street rights -of -way, sidewalks, driveways, parks, school grounds, public facilities or any other public property), or portion thereof, in the Town. (b) This section does not apply to Town or other public agency- authorized events or programs. (c) It is unlawful and a violation of state law for any person to feed, cause to be fed, offer food to or scatter food, seed or other forms of matter edible (collectively referred to as "feed" or "feeding ") to any wild animals on public or private property. No person may leave, store, or maintain any attractant or food in a location and manner accessible to any wild animal on public or private property. (d) It is unlawful for any person to feed, cause to be fed, offer food to or scatter food, seed or other forms of matter edible (collectively referred to as "feed" or "feeding ") to feral animals on any private property not owned by the feeder, or on any private property that is shared by multiple people, such as condominiums, townhouses or apartment complexes, without the express written consent of the owner of the property and all tenants /residents living on that property. (e) The prohibitions in subsections a, c, and d do not apply to: 1. Any person who is the legal owner /guardian of the wild animal and the wild animal is kept under a valid license or permit issued by the State Department of Fish and Game, and in compliance with all applicable laws. 2. Any person who feeds or provides an attractant or food to a trapped, injured, or unweaned animal between the time that the agency charged with animal control, or its designated agent, is notified of the animal and the animal is picked up by said agency. 3. A wildlife rehabilitator. 4. An animal rescuer as defined by this Code or a valid organization engaged in the practice of Trap, Neuter and Return (TNR) who is using an attractant or food to trap an animal for the purpose of rescue work, placing the animal(s) in permanent homes or foster homes, or trapping the animal for the purpose of sterilizing, vaccinating for rabies, ear - tipping or obtaining other veterinary care, in compliance with any applicable federal or state law and under the supervision of a licensed veterinarian, where applicable. Said person or organization must first complete all of the following: a) Register with the Town Manager and show satisfactory evidence of a history of or affiliation with a recognized group with a history of active placement or TNR activity and obtain a permit before engaging in rescue or TNR practices. 13 of 40 Ordinance 2276 September 18, 2018 b) Said person or organization must provide information to the Town Manager showing the location where the rescue or TNR work is to take place, the proposed method for placement and removal of the attractant, and the length of time they expect to engage in the rescue or TNR work at this location. c) The use of attractants or food to trap the animal for these purposes must comply with best practices and guidelines for feeding as established by the agency charged with animal control, or Town of Los Gatos, and reputable rescue or TNR agencies. These guidelines should include, but not necessarily be limited to, putting out only an amount of food that can be consumed by the target animal(s) in 30 minutes, putting out food at the same place and same time each incidence of feeding to establish a pattern, not overfeeding, and picking up and removing any remaining food after 30 minutes of first placing it down to prevent wildlife, litter, sanitation issues, and other nuisance consequences. d) Any permit or permission issued by the Town Manager can be revoked at any time if the Town Manager or animal control officer determines the conduct violates the requirements for the permit. e) Any permit issued under this Article shall expire six (6) months from date of issuance. The procedure for the renewal of a permit shall be the same as for an original permit. f) Upon failure to make application for the renewal of a permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant's permit could be denied and the applicant, if the permit is renewed, shall pay in addition to the permit fee, a penalty for late renewal as set forth by Town Council resolution. 5. Any person with a bird feeder provided the feeders are suspended on a cable or other device to make them inaccessible to wild animals and the area below the feeders are kept free from the accumulation of seed debris. 6. A landlord or property owner can be liable for the nuisance conduct of renters or tenants on their property. ARTICLE II. - MISCELLANEOUS ANIMALS Sec. 4.20.005 — Animal maintenance and duties of owners (a) The provisions of this section shall be in addition to, or not in lieu of, any other regulations contained in this Code or in any other ordinance of the Town regarding the keeping and maintenance of animals. (b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with clean and appropriate food, water and suitable shelter. All animal enclosures and shelters shall 14 of 40 Ordinance 2276 September 18, 2018 be kept in a clean and sanitary condition, and free from all noxious odors or substances. They shall be of suitable size and situated to prevent exposing the animal to unreasonably loud noise, or teasing, abuse or injury by another animal or person. (c) The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a nuisance. Sec. 4.20.010 —Care and keeping requirements — Generally. No animal shall be sheltered or confined or tethered or kept in a manner which subjects them to unnecessary suffering or cruelty. Minimum space for animals in pens should be that which appropriately fits the size of the animal, allowing for the animal to stand up, turn around, stretch and make natural movements, appropriate for the age and species. All animals shall receive appropriate veterinary treatment when such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease. Sec. 4.20.015. - Restrictions on keeping of certain animals and fowl —Generally. (a) It shall be unlawful for any person to keep or maintain any bovine animal, sheep, hog swine, goat, live hare, rabbit, chicken, duck, turkey, goose, pigeon or other fowl except as provided in this article and Chapter 29 of this Code. (b) Any person maintaining any such animal or fowl within the Town shall keep the premises upon which such is kept fenced, or if such animal is staked, so as to keep the animal or fowl from leaving the premises upon which such is kept, and shall not permit such animal or fowl to run at large upon any public place or upon the property of any other person. (c) No person shall keep more than two (2) swine within the Town nor shall they be kept within three hundred (300) feet of any dwelling in the Town. The requirements for the keeping of horses are listed in Article XII of this Chapter and the provisions of Chapter 29. ARTICLE III. - IMPOUNDMENT OF ANIMALS Sec. 4.30.005. - Fees for impounding and keeping. (a) An impoundment fee shall be charged to the owner of the animal impounded, in an amount fixed by resolution of the Town Council. (b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the Town Manager. Sec. 4.30.010. - Redemption of impounded animals. The Town Manager or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem the animal. No animal may be redeemed without 15 of 40 Ordinance 2276 September 18, 2018 payment of the fees for impounding and keeping the animal, and without compliance with the licensing provision of this chapter. The Town Manager may waive the cost of impoundment and boarding only for the first impoundment of the animal and if there is no prior violation of any offense involving state, county or city animal control laws, in cases of hardship, based on a proven inability to meet ongoing family expenses for the necessities of living including, but not limited to, food, clothing and shelter. Sec. 4.30.015. - Notification of impoundment. The animal control officer will give notice of impoundment to the owner of every animal impounded, if he or she is known, by either posting a written notice of the impound in a conspicuous place at the owner's residence, or personally delivering the notice to the owner on the day of the impound. The notice shall advise the owner that the animal may be forfeited unless the owner contacts the Animal Control Agency within the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended. The notice shall set forth a telephone number to contact the Animal Control Agency Sec. 4.30.020. - Disposition of impounded animals. (a) No animal may be disposed of until the expiration of the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended. 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 authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering will be destroyed in accordance with all State and County humane laws as soon as possible. (c) Any unsterilized dog or cat impounded twice or more from the same owner within the lifetime of the animal shall be sterilized at the owner's expense prior to redemption. At the option of the owner, a private veterinarian may perform the required spaying or neutering. The impounding agency may require that transportation to a private veterinarian be performed by the impounding agency. The owner may request a hearing within three (3) days of the impoundment on the topic of sterilization, using the same procedure as set forth in Sec. 4.30.030 (c ) — (e). Sec. 4.30.025. - Duty to inquire. The animal owner /guardian and person with a right to control the animal has a duty to inquire with the administrator to learn if the animal has been impounded whenever the animal is known to have been missing from the property of the animal owner /guardian or person with a right to control the animal for more than two (2) hours and neither the animal owner /guardian nor the person with a right to control the animal has received a notice pursuant to Section 4.30.015. 16 of 40 Ordinance 2276 September 18, 2018 Sec. 4.30.030. - Summary seizure and post- seizure hearing. (a) Except as provided in Section 4.10.025, an animal control officer may seize and impound an animal for violation of any provision of this Chapter 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, potentially dangerous, dangerous, or vicious 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 impoundment. (c) If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, he or she shall so advise the Town Manager, in writing, within seventy - two (72) hours after the seizure or impoundment. (d) The Town 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 (5) days before the hearing. (e) The hearing will be conducted as set forth in Section 4.30.040. (f) Potentially dangerous, dangerous, or vicious dog designations are subject to the hearing procedure of 4.30.035 — 4.30.045. Sec. 4.30.035. - Hearing regarding deprivation, impoundment, or after determination of conditions for keeping and /or designation of the animal as potentially dangerous, dangerous or vicious. (a) Any owner of an animal who objects to the seizure or impound of the animal may challenge the seizure or impound by advising the Town Manager in writing, within seventy -two (72) hours after the seizure or impoundment and request an appeal hearing. Notice must be made to the Town Manager, not to the animal control officer. (b) Any owner of an animal who is dissatisfied with the determination by the Town Manager or Animal control officer of whether the animal poses a threat to health and safety, or who objects to the conditions of care and keeping or designation of the animal imposed by the Town Manager or animal control officer may appeal such determination in writing within seventy -two hours (72) of the seizure or imposing of conditions or designation to the Town Manager. (c) The Town Manager shall set a time and place for the hearing and shall cause notice of the hearing to be given to the owner at least five days before the date of the hearing. If that notice is given by mail, five days will be added to the notice period. If the animal is impounded, the hearing before the Town Manager or designee will be set no more than fifteen (15) calendar days from the date the request for a hearing is received by the Town. 17 of 40 Ordinance 2276 September 18, 2018 If the animal is not impounded, the hearing before the Town Manager or hearing officer designee will be set no later than sixty (60) days from the date the request for a hearing is received by the Town. Hearing dates can be continued for good cause. Costs of impound, if any, will continue to accrue. Hearings will be conducted in conformance with Sections 4.30.040 — 4.30.045. Sec. 4.30.040. - Appeal hearing. (a) At the appeal hearing, the petitioner and the Town may be represented by counsel, may present oral and written evidence, and may cross - examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted as determined by the hearing officer if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. (b) After submission of all the evidence, and not more than fifteen (15) calendar days after the hearing, the Town Manager or hearing officer designee may orderthe animal released without conditions, may designate the animal potentially dangerous or dangerous, or vicious, may order release with conditions, may order the animal destroyed, or may make other orders as the Town Manager determines appropriate to fulfill the needs of the animal and the health and safety of the public based on the weight of the evidence. The decision of the Town Manager shall be final. Any release conditions imposed by the Town Manager, which may include but shall not be limited to spaying and neutering, shall be solely in the interest of protecting public health, safety, and property. The owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first -class mail. (c) The Town Manager or hearing officer designee may assess administrative costs incurred by the Town in connection with the appeal against the animal owner in his /her discretion. (d) Any person aggrieved by the decision of the Town Manager or the hearing officer designee may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the timelines and provisions set forth in California Government Code section 53069.4. Sec. 4.30.045. - Failure to appeal impoundment. Any person who falls to appeal any seizure or impoundment by the Town Manager or animal control officer under this Chapter within seventy -two (72) hours from impoundment as specified in Section 4.30.030 shall forfeit all rights of ownership and control of the animal. All rights of ownership and control shall be transferred to the Town. Final disposition of the animal shall be determined in accordance with the provisions of this Chapter and State law. Failure to appeal any determination of conditions of keeping or designation by the Town Manager or animal control officer under this Chapter within seventy -two (72) hours of notice of those determinations or designations being served shall constitute a failure to exhaust administrative remedies and result in those determinations or designations being final. 18 of 40 Ordinance 2276 September 18, 2018 Sec. 4.30.050. - 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 prevention of cruelty to animals shelter or its like in the County of Santa Clara shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter 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. ARTICLE IV. - DOGS AND CATS Sec. 4.40.005. - 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 (6) feet in length, or shall keep such dog confined behind a fence not less than six (6) feet high. This section shall not apply to the following: (1) Guide dogs for the blind or deaf while performing their duties; (2) Dogs participating in field or obedience trails or exhibitions as permitted by the Town; (3) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities; (4) Dogs assisting their owner /handler in legal hunting or in the herding of livestock; (5) Dogs within an off -leash area designated by the Town; (6) Dogs being trained for any of the above purposes on private land with permission of the landowner, so long as such dogs are under direct control of such individuals to assure that they do not violate any other provision of law. (b) Potentially dangerous dog maintenance requirement: In addition to subsection (a) above, the following requirements for the maintenance of a potentially dangerous dog are as follows: (1) A sign advising of the presence of a potentially dangerous 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. 19 of 40 Ordinance 2276 September 18, 2018 (2) A potentially dangerous dog must be restrained by a person with the physical capability to control the dog. (3) A potentially dangerous dog must wear a muzzle, head collar or head halter type device, as determined by the Town Manager or hearing officer, and be on a sturdy, non - retractable leash of no more than six (6) feet in length when it is on any public street or in any other public place or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project unless the dog owner /guardian or person with a right to control the dog has obtained the consent of the owner /guardian or person in control of the private place or property or common area of the planned development, cluster, townhouse, or condominium project. (4) A potentially dangerous dog must be spayed or neutered. (5) A potentially dangerous dog must have a microchip implant for identification purposes. (c) In addition to subsections (a) and (b) above, the owner or person with the right to control a dangerous dog shall: (1) Keep the dog under his or her own physical restraint by means of both a sturdy, non - retractable leash not to exceed three (3) feet in length and capable of restraining four (4) times the weight of the dog; and be attached to an escape -proof commercial quality walking harness that fastens securely across the shoulders and mid -chest encompassing the rib area and upper abdomen of the dog. Neck collars alone of any type or material, will not be sufficient. The dog must be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance. The Town Manager or hearing officer will make the final determination as to the efficacy of these restraint methods. The dog must be under the direct physical control of a person eighteen (18) years old or older who is physically capable of restraining the animal when the animal is off the property of the owner /guardian with the right to control the animal. (2) Ensure that when the dog is in a house, apartment, 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 that, when inside, the dog does not pose a threat to other occupants of the premises. (3) Post a sign advising of the presence of a dangerous dog at the entrance to every place wherein any such dog is confined. The sign shall be capable of being understood by a child with normal reading skills of a second grader. (4) The Town Manager or designee may, in his or her discretion, require that a dangerous dog be maintained in an enclosed and locked pen or kennel having secured sides and a secured top attached to the sides, and having a secure bottom or floor attached to the side, or with sides embedded not less than two (2) feet into the ground. When outside, said pen must be behind a fence not less than six (6) feet high. 20 of 40 Ordinance 2276 September 18, 2018 (5) It is understood that the provision of subsection (c)(4), above, shall not apply to the owner or person with the right to control a dangerous dog living in an apartment or condominium. (6) A dangerous dog is subject to special dog permit tag requirements under Section 4.40.020. (7) The dog owner /guardian or person with a right to control the dog must attend a dog obedience class with the dog that exhibited the behavior leading to its designation of dangerous. Pre - approval to attend such class may be required by the administrator of the dog obedience class. (d) In addition to subsections (a), (b) and (c) above, the owner or person with the right to control a vicious dog shall maintain the dog as follows: (1) Outdoors: A. The dog must be confined by means of a securely enclosed escape - proof, locked kennel, or pen. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen must be constructed in a manner and of such material so that it cannot be broken down by any action of the confined dog. All structures used for confinement of dangerous or vicious dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free. B. The supporting posts of the structure must be set in concrete or other material not less than two (2) feet into the ground and no further than six (6) feet apart. The sides and ends of the structure must be constructed of solid boards or chain -link material not less than six (6) feet in height and securely fastened to the top and bottom of the structure. The structure may not be constructed or maintained in any front or required side yard and must be maintained in a sanitary condition at all times. The dog(s) confined therein must be afforded adequate protection from the elements and kept in a humane manner. C. The escape - proof, locked kennel or pen may not be enclosed by an outdoor fence less than six (6) feet high. (2) Indoors: The dog must be confined by means of a house, apartment, building, or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of either the owner /guardian or person with a right to control the dog, and the owner must ensure that the dog is not a threat to other occupants of the premises. (3) The Town Manager or hearing officer may impose additional conditions upon the ownership /guardian and control of a vicious dog if the hearing officer determines 21 of 40 Ordinance 2276 September 18, 2018 that under these additional conditions the dog would not present a significant threat to the public health, safety, and welfare. (4) If the Town Manager or hearing officer determines that a dog is vicious but additional conditions upon the ownership /guardianship and control of the dog will not sufficiently mitigate a significant threat to the public health, safety, and welfare, the hearing officer may order the dog be destroyed by the Town in accordance with the law. (e) Violation of this section shall be punishable as a misdemeanor. Sec. 4.40.010. - Maximum number of dogs, cats or litters. (a) There shall be no more than three (3) dogs over four (4) months of age, or four (4) cats over four (4) months of age at any premise or street address. In no event shall there be more than one unspayed cat over four (4) months old and one unspayed dog over four (4) months of age on any premises. In no case shall there be more than five (5) total adult animals over four (4) months of age at any premise or street address. This restriction shall not apply to premises maintained by a veterinarian licensed by the State of California for the practice of veterinary medicine or premises with a valid permit from the Town Manager for a private kennel, commercial kennel, pet shop, animal menagerie, or animal shelter. A female dog or cat shall be rebuttably presumed to be unspayed unless the owner provides evidence of spaying. Written certification from a licensed veterinarian that an animal 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 (1) litter of dogs or cats in any one (1) calendar year from females owned by him or her or maintained on his or her premises without a valid permit from the Town Manager for a private kennel, commercial kennel, or animal shelter. Sec. 4.40.015. - Vaccination of dogs and cats. Every owner of a dog or a cat over four (4) months of age shall cause such dog or cat to be vaccinated with an anti - rabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health. Compliance with the provision of this section shall be a condition to the issuance or renewal of dog and cat licenses. Violation of this section shall be punishable as a misdemeanor. Sec. 4.40.020. - Registration of dangerous dogs. (a) Every owner of a dangerous dog or vicious dog over four (4) months of age shall register such dog with the Town Manager. Such registration shall be renewed on an annual basis. A registration fee, and a fee to be charged for multiple inspections of required confinement facilities for such dogs, shall be fixed by resolution of the Town Council. 22 of 40 Ordinance 2276 September 18, 2018 (b) Every owner of a dangerous dog or vicious dog over four (4) months of age shall obtain a public liability insurance policy from an insurer licensed to practice in the State of California, a single - incident amount of not less than fifty thousand dollars ($50,000) for a dangerous dog, and one hundred thousand dollars ($100,000) for a vicious dog. Such owner shall give written notice to the Town Manager of any cancellation or material change in such policy at least thirty (30) days prior to the date of such cancellation or material change. (c) The owner or keeper shall notify Town Manager or Animal Control Agency immediately if a dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died. (d) The owner or person having a right to control the dog may not move the place of residence of the dog within the Town, sell, trade, give away or otherwise transfer ownership and /or the right to control the dog to a person residing within the Town, unless the Town Manager has approved the dangerous dog registration for the new location or approved the new person assuming ownership and /or right to control the dog. (e) If the dog owner or person having a right to control the dog decides to sell, trade, give away or otherwise transfer ownership and /or the right to control the dog to a location outside of the Town and /or to another person residing outside the Town, the person transferring ownership or control shall: (1) Notify the Animal Control Agency at least five (5) business days prior to the physical transfer of the dog; and (2) Provide the Animal Control Agency with the name, address and telephone number of the new owner or new person having a right to control the dog. (f) An animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with the provisions hereof. (g) Owners of dangerous dogs unable to meet the requirements of subsection (a) or (b) through (e), above, shall surrender the dogs to the Town Manager for humane destruction or other disposition, by discretion of the Town Manager. (h) Violation of this section shall be punishable as a misdemeanor. Sec. 4.40.025. - License required. No person shall maintain or board any dog or cat four (4) months of age or older that has not been licensed pursuant to the provisions of this Article, except: (a) A license shall not be required for an animal owned or under the control of a non - resident of the Town, and that is to be kept in the Town for less than thirty (30) days in any twelve (12) month period. (b) A license shall not be required for dogs or cats temporarily brought into the Town for entry into an event, show, or exhibition scheduled not more than ten (10) days thereafter. Cross reference— Licenses and miscellaneous business regulations, Ch. 14. 23 of 40 Ordinance 2276 September 18, 2018 Sec. 4.40.030. - License fees. (a) License fees for each dog and cat within the Town, including reduced fees for spayed females or neutered males, shall be fixed by resolution of the Town Council. Dog license fees shall not be refundable. (b) The Town Manager may require the submission of a certificate of a licensed veterinarian stating that a dog or cat has been spayed or neutered or cannot be spayed or neutered for health reasons and is incapable of breeding, or is biologically incapable of breeding, prior to issuance of a license of a lesser fee. (c) The Town Council, by resolution, may fix an additional fee to be paid for a license purchased more than sixty (60) days after expiration of a previously issued license, or more than sixty (60) days after the deadline for purchase of a license as required under section 4.40.025 of this Code. (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 charge. Sec. 4.40.035. - Issuance of license. (a) Upon payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and when required, 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 Town 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 dangerous 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) Notwithstanding and subject to the provisions of section 4.40.020 (d) and (e), owners of dangerous or vicious dogs shall notify the Town Manager, in writing, of any changes of address within fourteen (14) days of the date of such change. (c) Notwithstanding subsection (a) above, the Manager, in the Manager's discretion, may refuse to issue or renew a license for a period of not more than two (2) years when such refusal is deemed reasonably necessary to protect public health, safety and property. Sec. 4.40.040. - Metal tags. (a) With each dog or cat license, the Town Manager or designee will issue a metal tag bearing an identifying number and the words and letters "Los Gatos Dog Lic." or "Los Gatos Cat Lic.," as applicable. 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 owner's premises. In the event it is necessary to issue a duplicate tag, a fee set by the Town Council shall be charged to the owner. 24 of 40 Ordinance 2276 September 18, 2018 (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. Sec. 4.40.045. - License period. (a) The term of any dog or cat license issued hereunder shall commence on the date of the issuance of the license and shall terminate either twelve (12) months from the date of issue, or for dogs twelve (12) months or older and cats, twenty -four (24) or thirty -six (36) months from date of issue dependent on license fee and vaccination status tendered. (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. Sec. 4.40.050. - Record of licenses. The Town Manager or designee will keep a record of all licenses issued by him or her, together with a description of the dog or cat for which such license is issued. Sec. 4.40.055. - 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. Sec. 4.40.060. - 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 Town certify that such animal has been vaccinated. (b) Every veterinarian shall provide to the animal owner a copy of the anti - rabies vaccination form for use in obtaining a license for the animal. (c) Every veterinarian operating a business within the Town of Los Gatos shall conspicuously display a sign to notify dog and cat owners that their animals must be licensed. ARTICLE VI. - ANIMAL ESTABLISHMENTS Cross reference— Licenses and miscellaneous business regulations, Ch. 14. Sec. 4.60.005. - Permit required. No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, or horse establishment without first obtaining an appropriate permit from the Town Manager. The annual permit fee for the above animal facilities shall be fixed by resolution of the Town Council. Such establishments shall conform to the California Health and Safety Code Part 6, Chapters 1 -11. 25 of 40 Ordinance 2276 September 18, 2018 Sec. 4.60.010. - Application for permit. (a) An application for a permit to operate and keep a pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, horse establishment, or dangerous animal shall be in writing on a form approved by the Town Manager. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type. (b) The Town 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 conformity with and for the purpose of carrying out the intent of this article. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this chapter when approved by the Town 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 Town Manager upon request. Sec. 4.60.015. - 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 house establishment shall comply with each of the following conditions: (a) Housing: (1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals so contained therein. (2) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals. (3) All animal rooms, cages, kennels, runs, stalls and corrals shall be sufficient size to provide adequate 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: (1) All animal facilities shall be maintained and operated at all times in a clean and 26 of 40 Ordinance 2276 September 18, 2018 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 portable water. Food and water shall be served in separate, clean receptacles. (2) No animal, except those animal(s) in a pasture provided with adequate feed 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 Town Manager 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 Town 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 chapter 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 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, shall be deemed just cause for the denial of any permit, either original or renewal, or for revocation of a permit. Sec. 4.60.020. - Expiration and removal of permit. (a) Any permit issued under this Article shall expire twelve (12) months from the date of issuance. The procedure for the renewal of a permit shall be the same as for an original permit. (b) Upon failure to make application for the renewal of a permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit fee a penalty for late renewal as set by Town Council resolution. Sec. 4.60.025. - Inspection. As a condition to the issuance or renewal of a permit under this article, the Town Manager or authorized representative shall have the authority to inspect an animal facility subject to this Article at any reasonable time. 27 of 40 Ordinance 2276 September 18, 2018 Sec. 4.60.030. - Denial or revocation of permit. The Town Manager may deny or revoke any permit issued pursuant to this Article in the following situations: (a) Whenever determined by inspection that any animal facility fails to meet any of the conditions of the permit, this chapter, or applicable State law. (b) Whenever there is reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit. (c) If the applicant or permit holder has been convicted by a court of law of more than two (2) violations in a twelve -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 bail forfeiture shall be deemed to be a conviction of the offense charged. Sec. 4.60.035. - Appeal from denial or revocation of permit. (a) Prior to denial or revocation of a permit, the Town Manager 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 to the Town Manager within five (5) days after receipt of such notice if the applicant wishes to challenge the denial or revocation. (b) The Town 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 (5) days before the date of the hearing. The hearing shall be conducted according to section 4.40.040. Sec. 4.60.040. - No new permit after denial or revocation. If a permit has been denied or revoked, the Town Manager will not accept a new permit application from the same person for the same activity at the same location less than six (6) months after such denial or revocation, unless the applicant shows, and the Town Manager finds, by inspection and /or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist. Sec. 4.60.045. - Permit not transferable. Permits issued pursuant to the provisions of this article shall not be transferable. Sec. 4.60.050 — Animal rescuer and Trap- Neuter - Return registration. (a) Except as otherwise provided in this Title, any person or organization that maintains more than the number of adult animals allowed under this Chapter and Chapter 29, or who conducts activities consistent with the definitions of Animal Rescue or Trap- Neuter- Return (TNR), shall register with Town Manager or designee Animal Control Agency as an animal rescuer or TNR activist. In order to register as an animal rescuer or TNR 28 of 40 Ordinance 2276 September 18, 2018 activist, the applicant must provide the following information: (1) Verifiable proof of membership in or status as a State of California not - for - profit corporation that meets the requirements of Internal Revenue Code Section 501(c)(3) and is in good standing with the State of California. (2) Verifiable proof that animal adoption and placement of rescued animals with a new and permanent owner in a new home is one of its primary organizational goals and proof of a history of placement of animals with new and permanent owners in new homes. (3) Verifiable proof of membership in or an affiliation with a recognized, legitimate organization or group with a history of active Trap- Neuter - Return activity. (4) The location of the rescue or TNR work to be performed and the identity and contact information of the person(s) responsible for the care of the animals at that location. (5) A description of the practices that will be employed by the person or organization in conducting rescue or TNR work; (6) Payment of the registration fee in an amount established by resolution of the Town Council; (7) Agreement from the applicant to abide by the requirements set forth in this Chapter, and; (8) Agreement from the applicant to any other conditions reasonably necessary for the proper care and maintenance of the animals. Sec. 4.60.055 — Maintenance of animal rescuer or TNR activist registration. (a) In order to maintain a valid animal rescuer or TNR activist registration, the animal rescuer or TNR activist shall comply with each of the following requirements: (1) Rescue work and TNR activity such as the temporary housing and care of domestic animals, or feeding for the purpose of trapping, shall be performed in conformity with all standards of animal care and housing set forth by state and local law; (2) Rescue work and TNR activity shall not create a public nuisance; (3) The animal rescuer and TRN activist shall cooperate with the animal control organization during investigations of complaints and inspections of animal areas; and (4) The animal rescuer and TNR activist shall limit the number of animals maintained at the registered location if the Animal Control Officer deems limitations are necessary because of space, finance, effect on surrounding area, history or any other criteria relevant to the animal rescuer's or TNR activist's ability to maintain the animals. (b) The Town Manager or Animal Control Agency may revoke the animal rescuer or TNR activist registration if the holder of the registration fails at any time to satisfy one or more of the requirements specified in subsection (a). 29 of 40 Ordinance 2276 September 18, 2018 ARTICLE VII. - DANGEROUS AND EXOTIC ANIMALS Sec. 4.70.005. - Permit for dangerous and /or exotic animals. (a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous and /or exotic animal without first obtaining a permit from the Town Manager. The application for a permit, permit conditions, inspection, denial, revocation, and appeal shall be the same as set forth in sections 4.60.005, 4.60.015, and 4.60.025 through 4.60.045, inclusive, of this chapter. (b) No permit shall be required of any zoo, university, college, governmental research agency, or other bona fide scientific institution, as determined by the Town Manager, engaging in scientific or public health research. For the purposes of this article, a zoo shall be considered any organization that exhibits animals to the general public at regular specified hours, equaling at least thirty (30) hours a week for thirty -six (36) weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals. (c) The owner of a dangerous and /or exotic animal shall post at the entrances to the property where the animal is kept with a legible sign at least twelve (12) inches square, warning persons of a dangerous and /or exotic animal. Sec. 4.70.010. - Permit denial. Notwithstanding anything to the contrary, the Town Manager may deny or revoke a permit to keep or maintain any dangerous or exotic animal when, in his or her opinion: (1) Any such animal may not be kept or maintained without endangering the safety of any person(s) or property; or (2) The keeping of the animal would constitute a public nuisance; or (3) The animal would be subject to suffering, neglect, cruelty or abuse. The Town Manager in his or her discretion may require any such animal to be properly caged, tethered, or restrained in zoo -type facilities that meet or are in addition to, or more restrictive than, state guidelines issued under the provisions of section 671 of title 14 of the California Code of Regulations and federal standards issued under chapter 1 of title 9 of the Code of Federal Regulations. Nothing in this article shall be construed to permit the keeping of dangerous animals where zoning provisions or state law would prohibit such keeping. Sec. 4.70.015. - Permit period and fee. The fee for a permit to keep or maintain one (1) dangerous animal for a twelve -month term, and the fee for each additional dangerous animal shall be set by Town Council Resolution. The permit shall expire and be renewable as set forth in section 4.40.045. 30 of 40 Ordinance 2276 September 18, 2018 ARTICLE VIII. - BEEKEEPING Sec. 4.80.005. - "Apiary" defined. As used in this article, "apiary" means bees, hives and appliances wherever the same are kept, located or found. Sec. 4.80.010. - "Bees" defined. As used in this article, "bees" means honey - producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax. Sec. 4.80.015. - "Hive" defined. As used in this article, "hive" means any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession. Sec. 4.80.020. - "Location" defined. As used in this article, "location" means any premises upon which an apiary is located. Sec. 4.80.025. - Notice required when moving apiaries. No apiary shall be moved into the Town or within the confines of the Town without notice in writing being given to the agricultural commissioner of the County within five (5) days from the date movement is begun, stating: (a) The number of colonies of bees to be moved into or within the Town. (b) The location of the property in the Town 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. Sec. 4.80.030. - Location of apiary. No apiary shall be located: (a) At a distance less than one thousand (1,000) 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 (300) feet from any public road. 31 of 40 Ordinance 2276 September 18, 2018 Sec. 4.80.035. - Water supply. A water supply adequate in quantity for the apiary should be provided and maintained. Sec. 4.80.040. - Identification of premises. Every person maintaining any apiary on premises other than their own residence shall identify the apiary by affixing and maintaining signs thereto showing the name of owner or person in possession of the apiary, the owner or person's address and telephone number, or a statement that the owner or person has no phone. These signs shall be prominently placed and maintained on each entrance side of the apiary and immediately adjoining the same and lettered in black at least one (1) inch in height on a white or light background. Sec. 4.80.045. - Notice, correction of violation. Any person transporting or maintaining an apiary who violates any of the provisions of this article may be given verbal or written notice by the agricultural commissioner of the County or any law enforcement officer. A written notice shall also be posted on the location for forty - eight (48) hours, and it shall be unlawful for the owner or person in possession of said apiary to fail to correct the violations within that period. The provisions of this article, however, shall not authorize the keeping of bees in areas where they are not otherwise allowed by law. Sec. 4.80.050. - Penalty, abatement. Every person violating any provision of this article who has been given notice thereof as prescribed herein shall be guilty of a misdemeanor. ARTICLE X. - SALE OF ANIMALS Cross reference— Licenses and miscellaneous business regulations, Ch. 14. Sec. 4.100.005. - Sale of cats or dogs. No person or establishment other than a government operated animal shelter shall sell, exchange or barter any cat or dog under eight (8) weeks of age. Proof of age of the dog or cat may be required by the Town Manager. Proof of age may include but not be limited to a certification by a licensed veterinarian attesting to the animal's age. Sales of animals shall conform to the California Health and Safety Code Part 6, Chapters 1 -11. Sec. 4.100.010. - Immunization. All cats or dogs over eight (8) weeks of age, before they are sold, shall be immunized against common disease, which include but may not be limited to: in the case of dogs against distemper; in the case of cats against panleukopenia, rhinotracheitis, calicivirus and chlamydia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller's knowledge of the animal's health. 32 of 40 Ordinance 2276 September 18, 2018 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. Sec. 4.100.015. - Return of dog or cat. (a) Any person purchasing a dog or cat from a person or establishment required to be licensed or registered pursuant to this chapter may, within five (5) days of such purchase, cause such animal to be examined by a veterinarian licensed by the State of California; and, if such examination reveals clinical signs of a contagious or infectious disease or serious congenital defects, not otherwise disclosed to the purchaser as required by section 4.100.010, the purchaser may, within one (1) day of the examination, return such animal to the seller. When returned, such animal must be accompanied with a certificate signed by the examining veterinarian stating examination findings. Upon return of such animal for the reasons stated in this section, the seller shall reimburse the purchaser for the cost of the animal. (b) If the seller refuses to reimburse the purchaser for the cost of the animal upon purchaser's offer to return it, the purchaser may file a complaint with any judge of the municipal court stating a cause of action for violation of this section. ARTICLE XII. - HORSES DIVISION 1. - GENERALLY Sec. 4.120.005. - Keeping as pets. Horses may be kept as pets in any zone in the Town, subject to the regulations of Sections 4.120.020, 4.120.025, 4.120.030, 4.120.035, 4.120.105 and 4.120.125, and other applicable provisions of the Town Code. Sec. 4.120.015. - Holding amateur horse events. Amateur horse events may be held in any zone in the Town, subject to the regulations in sections 4.120.005, 4.120.035, 4.120.105 and 4.120.125, and other provisions of the Town Code. Sec. 4.120.020. - Land area requirements. On parcels of land having an area of forty thousand (40,000) square feet or more, a horse barn or shelter may be constructed pursuant to the requirements of this article and one (1) pet horse may be kept for each twenty thousand (20,000) square feet of area, plus one (1) pet horse. The foal, under nine (9) months of age, of a mare lawfully kept on the premises is not counted in determining the number of pet horses that may be kept. 33 of 40 Ordinance 2276 September 18, 2018 Sec. 4.120.025. - Location of horse facilities. Regardless of whether a permit is required for keeping pet horses: (1) Horse barns and shelters shall be located at least thirty (30) feet from the rear and side property lines, at least twenty -five (25) feet from any dwelling on the same premises, and at least sixty (60) feet from any dwelling or swimming pool on adjacent premises if such dwelling or swimming pool exists when the horse barn or shelter is built. (2) Corrals and pens shall be located at least three (3) feet from any property line and at least sixty (60) feet from any dwelling or swimming pool on adjacent property, if such dwelling or swimming pool exists when the corral or pen is built. Sec. 4.120.030. - Structural requirements for horse barns and shelters. Horse barns and shelters shall meet the following requirements: (1) They shall not be over twenty -two (22) feet high. (2) All exterior materials shall not exceed Reflectivity Index of 30. (3) All plumbing fixtures shall be served by a two -inch diameter building drain. Building drains in excess of two (2) inches in diameter may be approved by the Planning Director upon good cause shown. Sec. 4.120.035. - Limitations on amateur horse events. Amateur horse events shall not be held on parcels of land having less than five (5) acres area, nor for more than twelve (12) days on any single parcel of land in one (1) calendar year. Secs. 4.120.040- 4.120.100. - Reserved. DIVISION 2. — PERMIT Sec. 4.120.105. - Required. The keeping of pet horses on the same premises as, and incidental to the use of a single - 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 Planning Director, or when a conditional use permit authorizing them to 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 Planning Director. Sec. 4.120.110. - Applications— Contents. The Planning Director may require that applications for permits required by this Article contain plot plans and elevations of any structures, proposed or existing, to the extent reasonably 34 of 40 Ordinance 2276 September 18, 2018 necessary to show what conditions the animals will be subjected to, and what effects keeping them, and human activities associated with their keeping, will have on the community. Sec. 4.120.115. - Same— Submission to and review by Health Officer. The Planning Director shall promptly send a complete copy of any application for a permit required by this division to the Health Officer for review and shall not issue a permit until the Planning Director receives and considers the advice of the Health Officer. Sec. 4.120.120. - Same — Notification. At least ten (10) days before granting any application for a permit required by this division, the Planning Director 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 (300) 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. Sec. 4.120.125. - Standards for issuance. The Planning Director will issue a permit for keeping pet horses other than on the same premises as, and incidental to the use of a single - family residence, or for holding an amateur horse event if the Planning Director finds, after taking into account: (1) The size and location of the premises where the horses would be kept, or the event held; (2) The character of the neighborhood; (3) The number of horses involved; (4) The facilities existing and to be provided on the premises; (5) In appropriate instances, the provision for parking and for guests or spectators, that the horses will be treated safely and humanely, that there will be no adverse effects on the safety or health of persons, that there will be no detrimental effect on or change of character of the neighborhood, nor any disturbance of persons in the peaceful enjoyment of their property. If the Planning Director does not so find, the permit shall not be issued. Sec. 4.120.130. - Contents. The Planning Director may include such conditions in the permit as are reasonably necessary to assure that the standards of section 4.40.125 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 4.40.125, the permit shall contain an expiration date, and specify the terms, if any, on which renewal will be permitted. 35 of 40 Ordinance 2276 September 18, 2018 Sec. 4.120.135. - Modification or revocation. At any time when the Planning Director has reasonable cause to believe that a permit issued under this division ought to be modified or revoked, the Planning Director shall give mailed notice to the permittee and the owners of neighboring land specified in section 4.40.120, in the manner specified in section 4.40.120, for mailed notice, except that such notice period shall be fifteen (15) days. Before modifying or revoking a permit, the Planning Director shall consider all evidence presented by the permittee and any other person. The Planning Director shall revoke or modify a permit when the Planning Director finds that such revocation or modification is necessary to meet the standards specified in section 4.120.125. Sec. 4.120.140. - Appeal. Any interested person may appeal a decision of the Planning Director under this article by filing an appeal pursuant to section 29.20.255 and following. ARTICLE XIII. - PIGEONS Sec. 4.130.010. - Intent. (a) The intent of this article is to permit only those pigeon lofts in residential zones which can and will be maintained in such a manner that will protect the health and safety of the community, and will not become a public nuisance. (b) It is not the intent of this article to regulate agricultural - commercial poultry operations which are regulated under Chapter IX of Division B4 of Title B of the County Ordinance Code. Sec. 4.130.015. - Definitions. As used in this article, the following terms shall have the meanings indicated in this section, unless the context clearly requires otherwise: Director means Director of Environmental Health Services or the designated representative of the Director of Environmental Health Services. EHS means the Environmental Health Services of the EMA. EMA means the Environmental Management Agency of the County of Santa Clara. Leg band means a ring of metal or plastic which bears thereon the means of identifying the individual bird and its owner or keeper. Mature birds mean those pigeons aged six (6) months or over. Permit means a license issued by EHS for the maintenance of a pigeon loft. 36 of 40 Ordinance 2276 September 18, 2018 Pigeon loft means only such structures for the keeping of pigeons as are duly licensed as herein provided. Pigeons means and includes only those birds of the family Columbidae, which are maintained and housed by the owner or keeper thereof in a pigeon loft and which must be identified by means of leg bands. Cross reference— Definitions and rules of construction generally, § 1.10.015. Sec. 4.130.020. - Permit — Required; application. No person shall keep, maintain, or harbor in excess of twelve (12) pigeons in any residentially zoned area without a permit. EHS will issue a permit to an applicant who applies for such a permit in writing on a form approved by EHS and meets the requirements of section 4.40.025. Sec. 4.130.025. - Same — Prerequisites to issuance. (a) Before EHS will issue a permit required by section 4.40.020, the applicant shall comply with the following requirements: (1) The loft shall be of a sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition. (2) The construction and location of the loft shall not conflict with the requirements of any building code or setback line, and shall be at least twenty -five (25) feet from any occupied human dwelling. (3) Provide for the feed storage in such a manner that protects against intrusion by rodents and other vermin. (4) Provide for the sanitary disposal of all manure at frequent intervals. (b) The EHS may specify additional conditions to the permit as deemed necessary for carrying out the intent of this article. Sec. 4.130.030. - Same— Revocation. A pigeon loft permit may be revoked by EHS for the violation of any of the requirements of Sections 4.50.025 and 4.50.050 of this article. EHS shall mail or personally serve the permit holder with a written notice setting forth the grounds for revocation of the permit and advising the permit holder that the permit holder has ten (10) days from receipt of the notice to request in writing a show cause hearing, and that failure to request a hearing will constitute an admission of the alleged violation, resulting in the immediate revocation of the permit. Sec. 4.130.035. - Same —Show cause hearing on revocation. Upon receipt of a written request for a show of cause hearing, EHS shall schedule a hearing before the Director. The permit holder may present written evidence and oral testimony at the hearing, and may be represented by legal counsel. The decision of the Director is final. The 37 of 40 Ordinance 2276 September 18, 2018 hearing need not be conducted in accordance with technical rules of evidence. Sec. 4.130.040. - Fees. (a) A fee shall be charged for each pigeon loft permit in accordance with the number of mature birds maintained. The fee schedule shall be as established by Council resolution from time to time. (b) Each permit shall be renewed annually for a fee as established by Council resolution from time to time, except that the fee shall be required when the number of mature birds exceeds the initial or original number permitted. Sec. 4.130.045. - Exemption. No permit is required to keep, maintain, or harbor twelve (12) or fewer pigeons in residential zones. However, the pigeons shall be reasonably confined to the property and maintained in a sanitary condition, and not a public nuisance. Sec. 4.130.050. - Management of pigeon loft. In addition to the requirements set forth in section 4.50.025, the permit holder shall at all times comply with the following: (1) The pigeon loft shall be maintained in a clean and sanitary condition. (2) Manure shall not be allowed to accumulate in the loft or be stored on the premises. (3) Pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and /or competition; at no time shall pigeons be allowed to perch or linger on the buildings or property of other persons. (4) Spilled or excess feed in or around the loft shall be promptly removed and disposed of in a manner that does not attract rodents. Sec. 4.130.055. - Inspection authority. Pigeon lofts and accessory buildings and property may be inspected at any reasonable time or interval by EHS. 38 of 40 Ordinance 2276 September 18, 2018 SECTION 2. CONSTRUCTION. The Town Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Los Gatos Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 3. CEQA. The Town Council finds and determines that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION S. EFFECTIVE DATE. This ordinance shall take effect immediately and will be enforced thirty (30) days after its adoption. SECTION 6. PUBLICATION AND POSTING. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). 39 of 40 Ordinance 2276 September 18, 2018 SECTION 7. INTRODUCTION AND ADOPTION. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4th day of September, 2018 and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the 18th day of September, 2018. COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: , Q /' MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 6 ATTEST: TOWN CLERK ADNIHMSTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: y"1�, o /s 40 of 40 Ordinance 2276 September 18, 2018