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Ord 1971 - Repealing Chapter 4 - Animals and Fowls and Enacting a New Chapter 4- AnimalsORDINANCE 1971 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING CHAPTER 4- ANIMALS AND FOWL AND ENACTING A NEW CHAPTER 4- ANIMALS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Chapter 4 Animal and Fowl is hereby repealed SECTION II A new Chapter 4 Animal and Fowl is enacted as follows: ARTICLE I IN GENERAL Section 4.10.005.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. Section 4.10.010. Definitions. The words and terms used in this Chapter shall have the following meanings unless the context clearly indicates otherwise. (a) Animal. Any live vertebrate creature, domestic or wild, except fish. (b) Animal control officer: Any person 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. (c) 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. (d) 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. (e) Cat: A domestic cat (Felis catus). (f) Commercial kennel: Any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and /or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels. (g) Dangerous animal. Any wild, exotic, or venomous animal, or other animal which because of its size, disposition, or other characteristic would constitute a danger to persons or property. (h) Dog.: A domestic dog (Canis familiaris). (i) Grooming parlor.- Any commercial place where animals are trimmed, bathed, or groomed. (j) Health officer: The director of public health or any person authorized to act on his or her behalf. (k) 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. (1) Owner. • Any person who acknowledges ownership of an animal or who harbors or keeps an animal for five (5) or more consecutive days. (m) Manager or Town Manager. Town Manager or any person authorized or designated by the Town Manager to act on the Town Manager's behalf. (n) Person: Any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. ATNY020: \C NC LRPTS \AN I MAL, ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 2 (o) Pet shop: A person who obtains animals for sale, exchange, barter, or hire to the general public as a principal or agent, or on consignment, or who holds himself or herself out to be so engaged. (p) Private kennel. A person who maintains within or adjoining his or her private residence three (3) or more dogs over four (4) months of age, or three (3) or more cats over four (4) months of age, but no more than a combined total of five (5) dogs and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The 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 breading; and the owner of the premises shall be subject to the permit requirements of a commercial kennel. (q) Quarantine: Isolation of an animal in a place and manner approved by the health officer. (r) (1) Potentially dangerous dog. Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that: a. Without provocation, inflicts bites on a human, or a domestic animal while on public or private property; b. Without provocation, chases or approaches humans or domestic animals or livestock on the streets, sidewalks or any public grounds in a threatening manner or apparent attitude of attack; ATNY020: \CNCLRPTS \ANIMAL..ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 3 C. Has a known propensity, tendency or disposition for unprovoked attack, causing injury and threatening the safety of humans or domestic animals; or d. Has been specifically trained to guard persons and /or property. (2) Dangerous dog. Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that: a. Has inflicted severe injury on a human or domestic animal on public or private property; or b. Has, after having been designated potentially dangerous, engaged in the same behavior that resulted in that designation. Section 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. Section 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. Section 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 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. ATNY020: CNCLRPTS \ANIMALORD Revised 2/2/94 (ATY) 03/01/94 8:52am M (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, 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 sections of this division 4 other than section 4.10.020. Section 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 division or health officer with full information with regard to the incident. (b) Upon receipt of such a report, an animal control officer will seize 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. The health officer may order the owner to quarantine the animal on the owner's premises. (c) Any person who fails, refuses or neglects to quarantine any animal as ordered by the health officer, or who refuses to allow the health officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the health officer. ATNY020: \CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am W1 (d) The Town Manager may charge a fee, as set forth in a resolution of the Town Council or Board of Supervisors, for the Town's and County'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 officer in housing, feeding and otherwise caring for a quarantined animal. (e) The head 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. Section 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. Animals found to be diseased may be destroyed. Section 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 AT NY020: \C N C LRPTS \AN I MAL.O R D Revised 2/2/94 (ATY) 03/01/94 8:52am 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. Section 4.10.045. Abandoned animals. It is unlawful to abandon any animal in the Town. Section 4.10.050. Animals in Town buildings. No person having the control or care of any animal or animals shall suffer or permit any such animal to enter or remain in 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, except persons who are blind or deaf and who use dogs for guidance, or persons expressly authorized by the Town Manager. Section 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 607g of the Civil Code. (d) To act as a public officer pursuant to Food and Agricultural Code section 7. AT NY020: \CNCLRPTS \AN I MAL.O RD Revised 2/2/94 (ATY) 03/01/94 8:52am 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 an infraction. (f) Pursuant to Civil Code section 607g, the Town Manager may deputize as an animal control officer any humane officer of the Humane Society of Santa Clara Valley. Section 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. (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 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 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. ATNY020: \CNCLRPTS \AN 1 MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am i Section 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. Section 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 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 be indecent, or offensive to the senses, or be such an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by other persons. (b) The animal control officer may seize and impound any animal causing or creating a public nuisance. (c) A violation of this section is hereby, declared to be a public nuisance. ATNY020: \CNCLRPTS \ANI MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 9 (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. Section 4.10.075. Animals and vehicles. (a) Other than an individual then 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. Section 4.10.080. Reserved. Section 4.10.085. Use of steel traps in urban service areas prohibited. No person shall use a leg -hold steel jawed trap, steel jawed trap, or steel leg -hold trap, as defined in Fish & Game Code section 4004, in any urban service area boundary, as defined in Government Code section 56080. ARTICLE II MISCELLANEOUS ANIMALS Section 4.20.005. Restrictions on keeping of swine. 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. ARTICLE III IMPOUNDMENT OF ANIMALS Section 4.30.005. Fees for impounding and keeping. (a) An impoundment fee shall be charged to the owner of animal impounded, in an amount fixed by resolution of the Town Council. AT NY020: \CN CLRPTS \AN I MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 10 (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. Section 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 payment of the fees for impounding and keeping the animal, and without compliance with the licensing provision of this chapter. Section 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. Section 4.30.020. Disposition of impounded animals. (a) No animal may be disposed of until seventy -two (72) hours have elapsed from the time of impoundment, 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. Section 4.30.025. Reserved. Section 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 ATNY020: \CNCLRPTS \ANI1V1AL.ORD Revised 2 /2/94 (ATY) 03/01/94 8:52am 11 (2) To protect an animal that is injured, sick, or starving and should be cared for. (b) Even when the person owning or having the right to control any animal is present, an animal control officer may seize or impound any animal that the officer reasonably believes to be infected with disease transmittable to humans or to be potentially dangerous or dangerous so as to be a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is confined at the time of the seizure or 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. Section 4.30.035. Hearing prior to animal deprivation. (a) Except as provided in sections 4.10.025 and 4.30.030, the Town Manager or animal control officer may not seize or impound any animal, without the consent of the owner or person entitled to custody of the animal, unless a post- seizure appeal hearing is scheduled and held as set forth in section 4.30.040. (b) If the owner or person who has a right to control an animal refuses to consent to an impoundment of his or her animal, the animal control officer may issue a notice commanding the person to appear before the Town Manager at a set time. Section 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. ATNY020: \CNCLRPTS \AN I MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 12 Technical riles of evidence shall not apply. Any relevant evidence may be admitted as determined by the hearing officer. (b) After submission of all the evidence, and not more than fifteen (15) days after the hearing, the Town Manager may order the animal released without conditions, may designate the animal potentially dangerous or dangerous and order release with conditions, may order the animal destroyed, or may make other orders as the Town Manager determines appropriately fulfills the needs of the animal and the 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. Section 4.30.045. Failure to appeal impoundment. Any person who fails to appeal any seizure or impoundment by the animal control officer under this Chapter within seventy -two (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. Section 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 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. ATNY020: \CNCLRPTS \ANIMAL.0RD Revised 2/2/94 (ATY) 03/01/94 8:52am 13 (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 Section 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. (b) In addition to subsection (a) above, 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. (c) Notwithstanding 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 leash not to exceed six (6) feet in length and a muzzling device; (2) Maintain for the dog an enclosed and locked pen or kennel having secured sides and a secured top attached to the sides, and having a secure bottom or floor attached to the sides, or with sides embedded not less than two (2) feet into the ground, behind a fence not less than six (6) feet high; ATNY020: \CN CLRPTS \AN I MAL.0RD Revised 2/2/94 (ATY) 03/01/94 8:52am 14 (3) 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 (4) 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. (5) It is understood that the provision of subsection (c)(2), above, shall not apply to the owner or person with the right to control a dangerous dog living in an apartment or condominium. (d) Subsections (a), (b) and (c) above 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 trials or conformation exhibitions; (3) Dogs assisting their owner /handler in legal hunting activities or in the herding of livestock. (4) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities; and (5) Dogs being trained for any of the above - described purposes on private property with the permission of the landowner, so long as these dogs are under the direct control of individuals who assure that they do not violate any other provision of law. Violation of this section shall be punishable as a misdemeanor. Section 4.40.010. Maximum number of dogs, cats or litters. (a) No person shall keep or maintain more than two (2) dogs over four (4) months of age. No person shall keep or maintain more than three (3) cats over four (4) ATNY020: \CNCLRPTS \ANIMAL, ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 15 months of age. 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. 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. Section 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. Section 4.40.020. Registration of dangerous dogs. (a) Every owner of a dangerous 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. (b) Every owner of a dangerous dog over four (4) months of age shall obtain a public liability insurance policy from an insurer licensed to practice in the State of AT NY020: \C N C LRPT S \ANIMAL. O R D Revised 2/2/94 (ATY) 03/01/94 8:52am 16 California, a single- incident amount of not less than fifty thousand dollars ($50,000.00). 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) Owners of dangerous dogs unable to meet the requirements of subsection (a) or (b) above, shall surrender the dogs to the Town Manager for humane destruction or other disposition, by discretion of the Town Manager. (d) Violation of this section shall be punishable as a misdemeanor. Section 4.40.025. License required. No person shall ma}ntain 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 nonresident 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. Section 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, AT NY020: \CNCLRPTS \AN I MAL.O RD Revised 2/2/94 (ATY) 03/01/94 8:52am 17 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 a governmental agencies shall be issued upon request without charge. Section 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) Owners of dangerous 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. Section 4.40.040. Metal tags. (a) With each dog or cat license, the Town Manager 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 ATNY020: CNCLRPTS \ANIMAL,ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 19 duplicate tag, a fee set by the Town Council shall be charged to the owner. (b) It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog or cat other than the dog or cat for which it is issued. Section 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, 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. Section 4.40.050. Record of licenses. The Town Manager 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. Section 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. Section 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 to 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. ATNY020: \CNCLRPTS \ANIMAL, ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 19 ARTICLE V RESERVED ARTICLE VI ANIMAL ESTABLISHMENTS Section 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. Section 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 ATNY020: \CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 20 be available to the Town Manager upon request. Section 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 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 AT NY020: \C N C L R PTS \AN I MAL, O R D Revised 2/2/94 (ATY) 03/01/94 8:52am 21 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 an 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. Section 4.60.020. Expiration and removal of permit. (a) Any permit issued under this Article shall expire twelve (12) months from the ATNY020; CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 22 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 ten dollar ($10.00) penalty for late renewal. Section 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. Section 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 (12) month period of this chapter, or state laws relating to animals or public nuisance caused by animals, or. has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. Section 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 ATNY020: \CNCLRPTS \AN 1 MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 23 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 �11�1 Section 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. Section 4.60.045. Permit not transferable. Permits issued pursuant to the provisions of this Article shall not be transferable. ARTICLE VII Section 4.70.005. Permit for dangerous and /or vicious animals. (a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous and /or vicious animal without first obtaining a permit from the 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 ATNY020: \CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 24 to private individuals. (c) The owner of a vicious and /or dangerous animal shall post at the entrances to the property where the animal is kept with a legible sign at least twelve (12) inches square, warning persons of a vicious and /or dangerous animal. Section 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 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 property 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. Section 4.70.015. Permit period and fee. The fee for a permit to keep or maintain one (1) dangerous animal shall be fifty dollars ($50.00) for a twelve- month term, and the fee for each additional dangerous animal shall be one hundred dollars ($100.00). The permit shall expire and be renewable as set forth in section 4.40.045. ATNY020: \CN CLRPT8 \AN I MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 25 ARTICLE VIII BEEKEEPING Section 4.80.005. "Apiary" defined. As used in this article, "apiary" means bees, hives and appliances wherever the same are kept, located or found. Section 4.80.010. 'Bees" defined. As used in this article, 'bees" means honey - producing insects of the species apis mellifica, 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. Section 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. Section 4.80.020. "Location" defined. As used in this article, "location" means any premises upon which an apiary is located. Section 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. Section 4.80.030. Location of apiary. ATNY020: \CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 26 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. Section 4.80.035. Water supply. A water supply adequate in quantity for the apiary should be provided and maintained. Section 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 persons 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. Section 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. ATNY020: \CN CLRPTS \AN I MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 27 Section 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 IX RESERVED ARTICLE X SALE OF ANIMALS Section 4.100.005. Sale of cats or dogs. No person or establishment other than a licensed or county - 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. Section 4.100.010. Immunization. All cats or dogs over eight (8) weeks of age, before they are sold, shall be immunized against common disease: in the case of dogs against distemper; in the case of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller's knowledge of the animal's health. Such statement shall also include the animal's immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, including treatment and medication. Section 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 AT NY020: \C N C LRPT S \AN I MAL.0 R D Revised 2/2/94 (ATY) 03/01/94 8:52am i 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 XI RESERVED. ARTICLE XII HORSES DIVISION 1. GENERALLY Section 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. Section 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. Section 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 ATNY020: \CNCLRPTS \AN I MAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 29 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. Section 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. Section 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. Section 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. Sections 4.120.040 - 4.120.100. Reserved. AT NY020: \C N C LR PT S \AN I M AL.O R D Revised 2/2/94 (ATY) 03/01/94 8:52am 30 Section 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. Section 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 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. Section 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. Section 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 (1) 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. ATNY020: \CNCLRPTS \ANIMAL.ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 31 Section 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. Section 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. Section 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 ATNY020: \CNCLRPTS \ANI1V1AL,ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 32 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. Section 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 Section 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. Section 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 means those pigeons aged six (6) months or over. Permit means a license issued by EHS for the maintenance of a pigeon loft. ATNY020: CNCLRPTS \ANIMAL.0RD Revised 2/2/94 (ATY) 03/01/94 8:52am 33 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. Section 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. Section 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. Section 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 ATNY020: \CNCLRPTS \ANIMAL,ORD Revised 2/2/94 (ATY) 03/01/94 8:52am 34 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. Section 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 hearing need not be conducted in accordance with technical rules of evidence. Section 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. Section 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. Section 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. AT NY020: \C N C L R PTS \AN I MAL.O R D Revised 2/2/94 (ATY) 03/01/94 8:52am 35 (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. Section 4.30.055. Inspection authority. Pigeon lofts and accessory buildings and property may be inspected at any reasonable time or interval by EHS. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 7, 1994, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on February 22, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck,. Patrick O'Laughlin Mayor Randy Attaway NAYS: Joanne Benjamin ABSENT: None ABSTAIN: None SIGNED: tLO§SG *S, HE TOWN O S GATOS ALIFORN ATTEST: r � CLERK OF THE TOWN OF OS GATOS LOS GATOS, CALIFORNIA ATNY020: \CNCLRPTS \ANI1V1AL.0RD Revised 2 /2/94 (ATY) 03/01/94 8:52am 36