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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

The words and terms used in this division 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 County Manager of Animal Care and Control in the enforcement of this division, 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, including a wildlife or animal rescue 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 as permitted under the County Zoning Ordinance. 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 that because of its size, disposition or other characteristic would constitute a danger to persons or property.

(h) Dog: A domestic dog (Canis familiaris), excluding wolf hybrids.

(i) Feral cat: A domestic cat that lives in wild state and cannot be socialized.

(j) Grooming parlor: Any commercial place where animals are trimmed, bathed or groomed.

(k) Health Officer: The County Director of Public Health or any person authorized to act on his or her behalf.

(l) Homeless cat: A domestic cat that has been abandoned by its owner/guardian, strayed from its owner/guardian, or is born feral.

(m) Manager: The Manager of the Animal Care and Control Division or any person authorized or designated by the Manager to act on his or her behalf.

(n) Owner/Guardian: Any person who acknowledges ownership/guardianship of an animal or who harbors, keeps or feeds an animal for five or more consecutive days. The use of the term "guardian" or "guardianship" is solely to influence the public for the responsible treatment of animals and does not change the legal rights or duties of animal owners.

(o) Person: Any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

(p) 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.

(q) Potentially dangerous dog: Any dog, except a dog assisting a peace officer engaged in law enforcement duties, which:

(1) When unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that required a defensive action by any person to prevent bodily injury when the person and the dog are off property of the owner/guardian or keeper of the dog.

(2) When unprovoked, bites a person causing a less severe injury than defined in Section B31-1(t) pertaining to "vicious dog."

(3) When unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner/guardian or keeper of the dog.

(r) Private kennel: Except as provided in Subsection B31-32(b) and (c), and subject to a private kennel permit and as permitted by the County Zoning Ordinance, a private residence or adjunct wherein three to seven dogs over four months of age, or six to ten cats over four months of age, are maintained.

(1) In no case shall the combined total of dogs and cats exceed ten.

(2) All such animals shall be for the owner/guardian's recreational use, for exhibition in conformation shows and field or obedience trials, for use in nonprofit search and rescue operations, for use in nonprofit activities in hospitals and schools, and where the sale of the offspring is not the primary function of the kennel.

(3) The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition, rearing or harboring of more than one litter of dogs or cats in any one calendar year, shall create a rebuttable presumption that such animals are owned/under the guardianship of or maintained for commercial purposes. In such case, the owner/guardian and the premises shall be subject to the commercial kennel permit requirements.

(s) Quarantine: Isolation of an animal in a place and manner approved by the Health Officer.

(t) Vicious dog: Any dog:

(1) Seized under California Penal Code Section 599(aa) and upon the sustaining of a conviction of the owner/guardian or keeper under California Penal Code Section 597.5; or

(2) Which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Severe injury shall mean any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery; or

(3) Previously determined to be and currently listed as a "potentially dangerous dog" which, after its owner/guardian or keeper has been notified of this determination, continues the behavior described in Section B31-1(q) or is maintained in violation of California Food and Agricultural Code Section 31641, 31642, or 31643.

(Ord. No. NS-300.745, § 1, 5-2-06; Ord. No. NS-300.787, § 1, 10-2-07)

Sec. B31-2. Division does not regulate use of land.

This division is not intended to regulate the use of land. The Santa Clara County Zoning Ordinance (Appendix I) regulates the number and types of animals and animal establishments which may be maintained in various zoning districts. Nothing in this division is intended to supersede the provisions of the Santa Clara County Zoning Ordinance.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-3. Animals running at large.

(a) No person owning/as the guardian of or having control of any animal shall permit such animal, except for a homeless cat belonging to a registered cat colony pursuant to Section B31-53, to stray or run at large upon any public street or other public place, or upon any private place or property. In addition, no animal may stray on property under common ownership, or common area of any planned development, cluster, townhouse or condominium project, without the consent of the owners or persons in control thereof.

(b) No person shall permit a cat that has not been spayed or neutered to stray or run at large pursuant to Subsection (a) above.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-4. Reserved.

Sec. B31-5. 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 Care and Control Division or Health Officer with full information in regard to the incident.

(b) Upon receipt of such a report, an Animal Control Officer shall quarantine such dog and cat for a period of ten days and other animals for a period of fourteen days or such other period as may be prescribed by the State Department of Health. The Animal Control Officer may order the owner/guardian to quarantine the animal on his or her premises. However, the failure or inability of the owner/guardian to quarantine the animal shall result in the immediate seizure and quarantine of the animal in accordance with the provisions of Chapter 2, herein.

(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 the written permission of the Health Officer.

(d) The Manager may charge a fee, as set forth in a resolution of the Board of Supervisors, for the County's costs of quarantining dogs and cats and inspections for quarantine of animals. Any fee charged shall be paid by the owner/guardian or person who has legal custody of the animal. In addition, and if applicable, the Manager may also charge a fee as set forth in a resolution by the Board of Supervisors for the actual costs of the Animal Care and Control Division to house, feed and otherwise care 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 and examination.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-6. Diseased animals.

(a) The owner/guardian or person with the right to control any animal which he knows to be infected with any disease transmittable to humans shall not permit such animal to remain within the County other than at a veterinary hospital approved by the Health Officer, unless the Health Officer approves an alternate means of confinement.

(b) The Animal Control Officer shall seize any animal he or she believes to be infected with any disease transmittable to humans. The Animal Control Officer shall keep such animal in a safe place for a period sufficient to observe, examine and determine whether such animal is diseased. Animals found to be diseased may be destroyed. The Animal Control Officer shall comply with the impoundment procedures set forth in Chapter 2, herein.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-7. Dead animals

(a) Upon the death of any animal, the owner/guardian or person in charge thereof shall provide for the burial, incineration, or other disposition of the body of such animal within forty-eight hours. If the owner/guardian or person in charge of any dead animal is unable to provide for burial or other dispositions, 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 shall remove such 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 shall give notice to the owner/guardian of said animal, if he or she is known, within seventy-two hours of the time that the dead animal is removed.

(c) The Manager shall collect a fee as set forth by resolution of the Board of Supervisors sufficient to defray the costs incident to the removal and disposal of the dead animal(s) which shall be paid by the owner/guardian or person in charge thereof, if known. However, no fee shall be charged to the owner/guardian or person in charge of a dead dog or cat if that person has attainted the age of sixty-five years.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-8. Abandoned animals.

It is unlawful to abandon any animal in the County of Santa Clara.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-9. Animals in County buildings.

No person having the control or care of any animal or animals shall permit such animal to enter or remain in County-owned or managed buildings other than the building used for the purpose of care, detention, control or treatment of animals, or a building used for trained classes, shows or exhibitions, except guide, signal or service dogs used by blind, deaf, disabled persons, respectively, or persons authorized by the Manager.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-10. Authority of Manager and Animal Control Officer.

The Manager and Animal Control Officer shall have the following power and authority:

(a) To enforce the provisions of this division and state laws relating to the care, treatment, impoundment and destruction of animals.

(b) To arrest or issue a citation to any person who violates any provision of this division in the manner provided by California Corporations Code Section 14503.

(d) To formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this division. Such rules and regulations shall have the same force and effect as this division, and any violations of such rules and regulations shall be deemed an infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-11. Right of entry by Animal Control Officer.

The Manager and/or 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 division. A search warrant shall be obtained whenever required by law.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-12. Providing false information.

It shall be unlawful for a person to willfully and knowingly provide false or misleading information to the Animal Care and Control Manager, Animal Control Officer or Animal Care and Control Division regarding animal ownership/guardianship, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state law or County ordinances.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-13. Public nuisance.

(a) No person owning/as the guardian of or having control of any animal or animals shall permit such animal(s) to do any of the following:

(1) Defecate or urinate on private property other than that of the owner/guardian or the person having control of the animal;

(2) Defecate or urinate on public property without immediately cleaning or removing the excrement to a proper receptacle;

(3) Permit an animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passers by, barking, howling, baying or making any other noise;

(4) Permit unsanitary conditions to exist on the premises where said animal or animals are kept which would cause unreasonable odors, attract excessive flies or vermin, cause erosion, impair water quality or otherwise be injurious to public health and safety, or be indecent, or be offensive to the senses, or be an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by the neighborhood, community or persons.

(b) The Animal Control Officer may seize and impound any animal or animals causing a public nuisance, subject to the procedure set forth in Chapter 2, herein.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-14. Animals and vehicles.

(a) No person, other than an individual then actually in the process of working a do or other animal for ranching purposes, shall transport or carry the animal in a motor vehicle on any public highway or public roadway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from a 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.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-15. Adoption of animals.

(a) Any person adopting an unspayed or unneutered dog or cat from the Santa Clara County animal shelter shall have said animal spayed or neutered or present the animal to the County animal shelter for spay or neuter 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, the adoption agreement will be modified accordingly.

(b) In accordance with the agreement signed at the time of adoption, the adopted animal shall remain the property of the County animal shelter until such time as the animal has been spayed or neutered and recovered from the procedure.

(c) The failure to spay or neuter the animal by the date specified in the adoption agreement, or failure to present the animal to the County animal shelter for spay or neuter surgery may result in the seizure of the animal in accordance with the provisions of Chapter 2, herein. In the event the animal is seized and spayed or neutered, the animal will be returned to the adopter. The adopter shall be charged a fee set forth by resolution of the Board of Supervisors for the cost of performing the spay or neuter and transporting the animal to and from the shelter.

(d) Violation of this section shall be deemed an infraction and shall be punishable in accordance with Section B31-16.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-16. Infraction where specified.

Any person found guilty of violating any provision of this chapter specified as an infraction, shall be deemed guilty of an infraction, punishable as provided by California Government Code Section 25132. Each day of such violation shall constitute a separate infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-17. Severability.

The provisions of this chapter are severable; and if any provision, clause, sentence, section, word or part herein is found to be invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of the chapter or its applicability to other persons or circumstances.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-18, B31-19. Reserved.

CHAPTER II.
IMPOUNDMENT OF ANIMALS

Sec. B31-20. Authority to impound, generally.

An Animal Control Officer must provide for an impoundment hearing as set forth in Sections B31-21 and B31-26, prior to impoundment of an animal in the following instances:

(a) When an animal poses a public nuisance as described in Section B31-13;

(b) When a dog is in violation of Section B31-31 pertaining to restraint requirements;

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-21. Notification of intent to impound.

The Animal Care and Control Division shall notify the animal owner/guardian of the intent to impound an animal pursuant to Section B31-20. The notice shall contain the following information:

(a) The name, business address, and telephone number of the officer providing the notice.

(b) A description of the animal seized, including any identification upon the animal.

(d) A statement that, in order to receive a hearing prior to any seizure, the owner/guardian or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership/guardianship or right to keep the animal to the Animal Care and Control Division within two days, excluding weekends and holidays, of the date of the notice.

(e) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal pursuant to California Penal Code Section 597.1(f), that any animal seized shall not be returned to the owner/guardian until the charges are paid, and that failure to request or attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner/guardian shall be liable for the charges.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-22. Authority for immediate impound prior to a hearing.

An Animal Control Officer has the authority to seize and impound animals including livestock prior to an impoundment hearing in the following instances:

(a) When the Animal Control Officer reasonably believes it is necessary:

(1) To protect public health, safety and property; or,

(2) To protect an animal which is injured, sick, or starving and must be cared for.

(b) When an animal is running at large on public property, or on private property without the permission of the property owner or the person with the right to control the private property.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-23. Notification upon impoundment.

Upon the impound of an animal with owner/guardian identification, the Animal Care and Control Division shall cause notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of impoundment, and/or mail to the owner/guardian or keeper within forty-eight hours, excluding weekends and holidays.

The notice shall include all of the following:

(a) The name, business address, and telephone number of the officer providing the notice.

(b) A description of the animal seized, including any identification upon the animal.

(c) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.

(d) A statement that, in order to receive a post seizure hearing, the owner/guardian or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership/guardianship or right to keep the animal to the County Animal Care and Control Division providing the notice within ten days, including weekends and holiday, of the date of the notice. The declaration may be returned by personal delivery or mail.

(e) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal pursuant to California Penal Code Section 597.1(f), that the animal shall not be returned to the owner/guardian until the charges are paid, and that failure to request or attend a scheduled hearing shall result in liability for this cost.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-24. Reserved.

Sec. B31-25. Failure to request an impoundment hearing and failure to appear at an impoundment hearing.

Any person who fails to request a hearing, in accordance with Section B31-21(d) or B31-23(d), or fails to appear at the impoundment hearing will forfeit all rights of ownership/guardianship of the animal. All rights of ownership/guardianship shall be transferred to the Animal Care and Control Division. In addition, the owner/guardian shall be held liable for all fees associated with the impoundment and keeping of the animal. The Animal Care and Control Division in accordance with the provisions of this chapter and state law shall determine final disposition of the animal.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-26. Impoundment hearing.

(a) The Animal Care and Control Manager, or a person designated by the Manager, shall preside over the impoundment hearing. If the animal has been impounded, such hearing shall be within forty-eight hours of the request for hearing, excluding weekends and holidays, unless both parties agree otherwise. If the animal has not been impounded, such hearing shall be within five days of the request for hearing, excluding weekends and holidays, unless both parties agree otherwise. At the hearing the petitioner and the Animal Care and Control Division 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 shall be admissible.

(b) Unless the animal has been impounded, the owner/guardian shall produce the animal at the time of the hearing, or if requested by the Division, make arrangements for the Division to view the animal prior to the hearing or provide verification that the animal was humanely destroyed. Any person who fails to produce the animal at the time of hearing, or comply with a Division request otherwise, is guilty of an infraction punishable by a fine of not less than two hundred fifty dollars but not more than one thousand dollars.

(c) After submission of all the evidence, and not more than fifteen days after the hearing, the Manager shall order any of the following separately, or in any combination:

(1) Impoundment of the animal, and conditions, including spaying or neutering, to be met in order for release;

(2) Designation of the animal as potentially dangerous, or vicious, and conditions, including spaying or neutering, to be met in order for release;

(3) Euthanization of the animal;

(4) Any other order as necessitated by the circumstances.

The decision of the hearing officer shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the Director shall be solely in the interest of protecting public health, safety and property.

(d) If the impoundment is deemed justified by the hearing officer, the animal owner/guardian is liable for the costs of impoundment. If the owner/guardian fails to pay these charges within fourteen days of the impoundment, the animal is deemed abandoned and may be humanely euthanized or placed for adoption.

Even if the animal is deemed abandoned by the owner/guardian, the owner/guardian remains liable for payment of such fees.

(e) Failure of a person to comply with a decision of the hearing officer is a misdemeanor and upon conviction, the Animal Control Officer may immediately seize and impound the animal, if applicable.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-27. Fees for impounding and keeping.

(a) An impoundment fee shall be charged to the owner/guardian of each animal impounded in an amount fixed by resolution of the Board of Supervisors.

(b) In addition, the cost of caring for and treating any animal properly seized shall be considered a lien on the animal pursuant to California Penal Code Section 597.1. The owner/guardian or keeper shall be personally liable for such costs. The animal shall not be returned to its owner/guardian until the charges are paid and the Department has determined that the animal is physically fit and/or the owner/guardian demonstrates that the animal will be properly confined and cared for.

(c) Pursuant to California Food and Agricultural Code Section 31254, the refusal or failure of the owner/guardian of any such dog to pay the fees and charges after due notification shall be held to be an abandonment of the dog by the owner/guardian. Upon abandonment, such animal may be placed for adoption or humanely euthanized. The owner/guardian's abandonment of the animal does not release the owner/guardian from the obligation to pay the applicable fees.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-28. Redemption of impounded animals.

(a) The Manager or Animal Control Officer may permit an owner/guardian or other person entitled to custody of an impounded animal to redeem such animal. However, no animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provisions set forth herein.

(b) An owner/guardian who wishes to redeem his or her animal, for which an impoundment hearing has not been requested pursuant to Section B31-25 shall do so within the holding periods specified in Section B31-29. Animals not redeemed within the specified time period shall be deemed abandoned and shall be placed for adoption or humanely euthanized.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-29. Holding periods and disposition of impounded animals.

(a) An animal without owner/guardian information may not be disposed of until ninety-six 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) An animal with owner/guardian information may not be disposed of until ten days 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. Owner/guardian information is defined as a license, identification tag, microchip or other confirmation of ownership/guardianship.

(c) 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 seriously ill, diseased or injured to the extent that emergency veterinary care will not alleviate irremediable suffering shall be humanely destroyed as soon as possible in accordance with all State and County humane laws.

(d) Newborn animals that require maternal care and are impounded without their mother may be humanely euthanized prior to the expiration of the holding period.

(e) In accordance with California Food and Agricultural Code Sections 31754 (a) and (b), animals relinquished by their owners/guardians shall be held for ninety-six hours, not including the day of impound and days the impounding facility is closed to the public. The animal will be available for owner/guardian redemption, only, for the first day and for redemption or adoption providing the animal is suitable for adoption for the remainder of the holding period.

(f) The holding period for feral cats shall be seventy-two hours, not including the day of impound and days the impounding facility is closed to the public.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-30. Care of impounded animals.

The Manager shall assure that all impounded animals receive suitable and adequate food, water and shelter.

(Ord. No. NS-300.745, § 1, 5-2-06)

CHAPTER III.
DOGS

Sec. B31-31. Restraint of dogs.

(a) The owner/guardian or person with the right to control any dog shall keep such dog under his or her physical restraint by means of a leash not to exceed six feet in length, or shall keep such dog confined behind a fence of sound construction and not less than six feet high so as to prevent the animal's escape.

(b) Subsection (a) shall not apply to the following:

(1) Guide, signal and service dogs for the blind, deaf or disabled, respectively, while performing their duties:

(2) Dogs participating in field or obedience trails or conformation exhibitions;

(3) Dogs assisting their owner/guardian/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;

(5) Dogs being trained for any of the above-described purposes on private property with the permission of the landowner, so long as such dogs are under the direct control of such individuals to assure that they do not violate any other provision of law.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-32. Maximum number of dogs or litters thereof.

(a) Unless a permit is obtained for a private kennel, commercial kennel, animal menagerie, or animal shelter, on parcels of less than five acres, the maximum number of dogs shall be two dogs over four months of age and the parturition, rearing or harboring of not more than one litter of puppies per calendar year. In addition, of the animals legally permitted on the property, not more than one female dog may be unspayed. A female dog shall be rebuttably presumed to be unspayed unless the owner/guardian 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 that an animal is spayed.

(b) A maximum of three dogs shall be allowed on parcels of five acres or more, unless a permit for a private kennel, commercial kennel, animal menagerie, or animal shelter is obtained by the owner/guardian of the animals.

(c) These provisions shall not apply to premises maintained by a veterinarian licensed by the State for the practice of veterinary medicine.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-33. Vaccination of dogs.

The owner/guardian of a dog over four months of age shall cause such dog to be vaccinated with an anti-rabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health. Compliance with the provisions of this section shall be a condition to the issuance or renewal of dog licenses. Violation of this section shall be punishable as a misdemeanor.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-34. License required.

(a) No person shall own/be the guardian of, maintain or board any dog four months of age or older within unincorporated Santa Clara County which has not been licensed pursuant to the provisions of this article, except:

(1) A County license shall not be required for an animal owned/under the guardianship of or under the control of a nonresident of the county, and which is to be kept in the County for less than thirty days.

(2) A County license shall not be required for dogs temporarily brought into the County for entry into an event, show or exhibition scheduled not more than ten days thereafter.

(b) A violation of this section shall constitute and be punishable as an infraction. Each day of such violation shall constitute a separate infraction and shall be punishable as provided in California Government Code Section 25132.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-35. License fees.

(a) Dog license fees for each dog within the County, including reduced fees for spayed females or neutered males, shall be fixed by resolution of the Board of Supervisors. The resolution shall also establish an additional fee to be paid for a license purchased more than sixty days after the deadline for purchase of a license as required under Section B31-34.

(b) 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 any governmental agencies shall be issued upon request without charge.

(c) The Manager may waive the license fee for only one spayed or neutered dog kept in a household where the owner/guardian of the dog is over the age of sixty-five years.

(d) The Manager may require the submission of a certificate of a licensed veterinarian stating that a dog has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding, or is incapable of breeding, prior to issuance of a license at a lesser fee.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-36. Issuance of license.

(a) Upon payment of the license fee, presentation of a valid certificate of vaccination for rabies 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 Manager shall issue a license which identifies:

(1) The name and residence of the person to whom the license is issued;

(2) The amount paid;

(3) The date of issuance thereof;

(4) The date of expiration of the vaccination;

(5) The date of expiration of the dangerous dog registration, if applicable;

(6) The date of expiration of the public liability insurance, if applicable;

(7) A description of the dog for which the license is issued.

(b) With each dog license, the Manager shall issue a metal tag bearing an identifying number and the words "Santa Clara Co. Dog Lic.". Each dog shall wear the metal tag issued for it at all times except when being shown at a dog show, exhibition or event. In the event it is necessary to issue a duplicate tag, a fee, fixed by resolution of the Board of Supervisors, shall be charged to the owner/guardian. It shall be unlawful for any person to attach a metal tag issued pursuant to this subsection to any dog other than the dog for which it was issued. In lieu of the metal tag, the Manager may allow use of the transponder identification chip, provided that the chip has been approved by the Manager and has been inserted in the dog according to the manufacturer's specifications.

(c) Notwithstanding Subsection (a), above, the Manager may refuse to issue or renew a license when such refusal is deemed reasonably necessary to protect public health, safety and property.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-37. Reserved.

Sec. B31-38. License period.

The term of any dog license issued hereunder shall commence on the date of the issuance of the license and shall terminate upon the expiration of the rabies vaccination. The license fee for a new license may be pro-rated based on the term of the license. Renewed license fees shall not be subject to refund.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-39. Record of all licenses.

The Manager shall keep a record of all licenses issued by him or her, together with a description of the dog for which such license is issued.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-40. Presentation of license upon request.

Upon request of any authorized Animal Care and Control employee or any peace officer, the owner/guardian or person having control of a dog shall present the dog's license to that person. Failure to present proof of license shall create a rebuttable presumption that the animal is unlicensed.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-41. Veterinarian responsibilities.

(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog with anti-rabies vaccine shall issue vaccination certificates pursuant to the requirements of California Code Regulations Section 2606.4 and California Health and Safety Code Section 121690.

(b) Every veterinarian doing business in the County shall permit an official of the Animal Care and Control Division to audit, annually, the record of vaccination certificates issued to owners/guardians of animals residing in unincorporated Santa Clara County or as otherwise determined by the Manager.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-42. Potentially dangerous dogs.

(a) Every owner/guardian of a potentially dangerous dog over four (4) months of age shall register such dog with the Manager. Such registration shall be renewed on an annual basis. A registration fee for such dogs shall be fixed by resolution of the Board of Supervisors. The registration fee is in addition to the license fee required by Section B31-35.

(b) The Manager of Animal Care and Control, after consideration of the definition set forth in Section B31-1(s), may propose that a dog be designated potentially dangerous. The Manager shall provide notification of the proposed designation by posting a notice at the animal's location, or by mail or personal delivery to the owner/guardian or person with the right to control the animal. The notice shall contain the grounds on which the proposed designation is based, the requirements of owning/being the guardian of a potentially dangerous dog and information of the right to challenge the designation.

(c) If the owner/guardian or person with the right to control the animal wishes to challenge the proposal to designate the dog as potentially dangerous, he or she shall so advise the Manager, in writing, within five days, excluding weekends and holidays, from the date of notification.

(1) The Manager shall promptly set the time and place for the hearing before him and shall cause notice of such hearing to be mailed to the requesting party not less than five days, but no more than ten days, excluding weekends and holidays, before the hearing.

(2) The hearing shall be conducted as set forth in Section B31-26. A designation of potentially dangerous shall be made based on a preponderance of the evidence and the decision of the hearing officer shall be final.

(3) Any owner/guardian or person with the right to control an animal who fails to challenge the proposal to designate a dog as potentially dangerous, or fails to appear at the hearing will forfeit all rights to challenge the designation and the proposed designation shall take effect after the time for hearing has passed.

(d) Every owner/guardian of a potentially dangerous dog shall obtain a public liability insurance policy from an insurer licensed to practice in the State of California, in a single-incident amount of not less than fifty thousand dollars. Such owner/guardian shall give written notice to the Manager of any cancellation or material change in such policy at least thirty days prior to the date of such cancellation or material change.

(e) Notwithstanding Subsection (a) and (d) above, the owner/guardian or person with a potentially dangerous dog in his or her possession shall:

(1) Keep such dog under his or her own physical restraint by means of both a leash not to exceed six feet in length and a muzzling device;

(2) Keep such dog indoors or 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 sides, or with sides embedded not less than two feet into the ground, behind a fence of sound construction not less than six feet high;

(3) Ensure that when such dog is in the house, apartment, building or similar structure, that the windows and doors of same are secured to prevent such dog from exiting without the assistance of the owner/guardian or person with the right to control such dog; and

(4) Post a sign advising of the presence of a potentially 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, and shall be provided by the Manager.

(f) If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner/guardian or keeper resides, the owner/guardian of a potentially dangerous dog shall notify the Animal Care and Control Division of the changed condition and new location of the dog in writing within two working days.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-43. Vicious dogs.

The provisions set forth in Section B31-42 pertaining to a potentially dangerous dog shall apply to vicious dogs, except that:

(a) A dog determined to be a vicious dog may be ordered destroyed when, after a hearing as provided under Section B31-26 and/or Section B31-42, it is found that the release of the dog would create a significant threat to the public health, safety and welfare.

(b) The owner/guardian of a dog determined to be "vicious" may be prohibited by the Manager from owning/being the guardian of, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found after proceedings conducted pursuant to Section B31-26 and/or Section B31-42 that ownership/guardianship or possession of a dog by that person would create a significant threat to the public health, safety or welfare.

(Ord. No. NS-300.745, § 1, 5-2-06)

CHAPTER IV.
CATS

Sec. B31-51. Maximum number of cats or litters thereof.

(a) Unless a permit is obtained for a private kennel, commercial kennel, animal menagerie, or animal shelter, on parcels of less than five acres, the maximum number of cats or litters shall be five cats over four months of age and the parturition, rearing or harboring of not more than one litter of kittens per calendar year. In addition, of the animals legally permitted on the property, not more than one female cat may be unspayed. A female cat shall be rebuttably presumed to be unspayed unless the owner/guardian 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 that an animal is spayed.

(b) These provisions shall not apply to premises maintained by a veterinarian licensed by the State for the practice of veterinary medicine.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-52. Vaccination of cats.

The owner/guardian of a cat over four months of age shall cause such 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 prescribed by the State Department of Public Health. Compliance with the provisions of this section shall be a condition to the issuance or renewal of cat licenses or registration of a cat colony. Violation of this section shall be punishable as an infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-53--B31-55. Reserved.

Editor's note--Ord. No. NS-300.787, §§ 2--4, adopted October 2, 2007, repealed §§ B31-53--B31-55, which pertained to cat colony registration certificate required; denial or revocation of certification and cat colony registration fees. See also the Code Comparative Table.

Sec. B31-56. License required.

(a) No person shall own/be the guardian of, maintain or board any cat four months of age or older within unincorporated Santa Clara County which has not been licensed pursuant to the provisions of this article, except that:

(1) A County license shall not be required for an animal owned/under the guardianship of or under the control of a nonresident of the County, and which is to be kept in the County less than thirty days.

(2) A County license shall not be required for cats temporarily brought into the County for entry into an event, show or exhibition scheduled not more than ten days thereafter.

(3) A County license shall not be required for each cat in a cat colony that has been properly registered pursuant to Section B31-53.

(b) A violation of this section shall constitute and be punishable as an infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-57. License fees.

(a) Cat license fees for each cat within the county, including reduced fees for spayed females or neutered males, shall be fixed by resolution by the Board of Supervisors. The resolution shall include an additional fee for a license purchased under Section B31-56 of this Code.

(b) The Manager may require the submission of a certificate of a licensed veterinarian stating that a cat has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding, or is incapable of breeding, prior to issuance of a license at a lesser fee.

(c) The Manager may waive the license fee for only one spayed or neutered cat kept in a household where the owner/guardian of the cat is over the age of sixty-five years.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-58. Issuance of license.

(a) Upon payment of the license fee and presentation of a valid certificate of rabies vaccination by a duly licensed doctor of veterinary medicine, the Manager shall issue a license which identifies:

(1) The name and residence of the person to whom the license is issued;

(2) The amount paid;

(3) The date of issuance thereof;

(4) The date of expiration of the vaccination;

(5) A description of the cat for which the license is issued.

(b) With each cat license, the Manager shall issue a metal tag bearing an identifying number and the words "Santa Clara Co. Cat Lic.". Each cat shall wear the metal tag issued for it at all times except when being shown at a cat show, exhibition or event. In the event it is necessary to issue a duplicate tab, a fee, fixed by resolution of the Board of Supervisors, shall be charged to the owner/guardian. It shall be unlawful for any person to attach a metal tag issued pursuant to this subsection to any cat other than the cat for which it was issued. In lieu of the metal tag, the Manager may allow use of the transponder identification chip, provided that the chip has been approved by the Manager and has been inserted in the cat according to the manufacturer's specifications.

(c) Notwithstanding Subsection (a) above, the Manager may refuse to issue or renew a license when such refusal is deemed reasonably necessary to protect public health, safety and property.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-59. License period.

The term of any cat license issued hereunder shall commence on the date of the issuance of the license and shall terminate upon the expiration of the rabies vaccination. The license fee for a new license may be pro-rated based on the term of the license. Renewed license fees shall not be subjected to refund.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-60. Record of licenses.

The Manager shall keep a record of all licenses issued by him or her, together with a description of the cat for which such license is issued.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-61. Presentation of license upon request.

Upon request of any authorized Animal Care and Control employee or any peace officer, the owner/guardian or person having control of a cat shall present the cat's license to that person. Failure to present proof of license shall create a rebuttable presumption that the animal is unlicensed.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-62. Veterinarian responsibilities.

(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any cat with anti-rabies shall issue vaccination certificates pursuant to the requirements of California Code of Regulations Section 2606.4 and California Health and Safety Code Section 121690.

(b) Every veterinarian doing business in the County shall permit an official of the licensing authority to audit, annually, the record of vaccination certificates issued to owners/guardians of animals residing in unincorporated Santa Clara County or as otherwise determined by the Manager.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-63--B31-69. Reserved.

CHAPTER V.
ANIMAL ESTABLISHMENTS

Sec. B31-70. Permit required.

No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie or animal shelter within unincorporated Santa Clara County without first obtaining an appropriate permit from the Manager, and subject to the provisions of the County Zoning Ordinance. The annual permit fee for the above animal facilities shall be fixed by resolution of the Board of Supervisors. However, the Manager of Animal Care and Control shall waive the fee for an animal establishment providing non-profit search and rescue service and non-profit activities in hospitals and schools.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-71. Application for permit.

An application for a permit to operate and keep a pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, or animal shelter shall be in writing on a form approved by the 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.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-72. Regulations and standards.

(a) The Manager may establish regulations and standards relating to:

(1) The maximum number of 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 chapter.

(b) Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this chapter.

(c) Permittees 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 Manager upon request.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-73. 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 or animal shelter shall comply with each of the following conditions, in addition to the regulations and standards established by the Animal Care and Control Manager as permitted in Section B31-72.

(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 the animals.

(3) All animal rooms, cages, kennels, runs, stalls and corrals shall be of 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: 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.

(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 and sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in 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 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/guardian 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 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 Manager or his or her authorized representative shall have the authority to enter the animal facility except by means of force when he or she has reason to believe that the provisions of the permit or this chapter, applicable state law, or the rules and regulations of the Manager 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 division, or applicable state law, or the rules and regulations of the manager shall be deemed just cause for the denial of any permit, either original or renewal, or for revocation, thereof.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-74. Expiration and renewal of permit.

Any permit issued under this chapter shall expire twelve months from the date of issuance. The procedure for the renewal of a permit shall be the same as for an application for a permit. Failure to renew a permit prior to the date of expiration shall result in a penalty fixed by resolution of the Board of Supervisors.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-75. Inspection

As a condition to the issuance or renewal of a permit under this article, the Manager or his or her authorized representative shall have the authority to inspect the animal facility at any reasonable time.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-76. Denial or revocation of permit.

The Manager may deny or revoke any permit issued pursuant to this chapter in the following situations:

(a) Whenever he or she determines by inspection that any animal facility fails to meet any of the conditions of the permit, this division, or applicable state law.

(b) Whenever he or she has 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 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 years. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-77. Appeal from denial or revocation of permit.

(a) Prior to denial or revocation of a permit, the 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 before the hearing officer within five days after receipt of such notice if he or she wishes to challenge the denial or revocation.

(b) The 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 days before the date of the hearing. The hearing shall be conducted according to Section B31-26.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-78. No new permit after denial or revocation.

If a permit has been denied or revoked, the Manager shall not accept a new permit application from the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant shows, and the Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-79. Permit not transferable.

Permits issued pursuant to the provisions of this chapter shall not be transferable.

(Ord. No. NS-300.745, § 1, 5-2-06)

CHAPTER VI.
DANGEROUS ANIMALS (EXCLUDING DANGEROUS DOGS)

Sec. B31-80. Permit for dangerous animals, excluding potentially dangerous or vicious dogs.

(a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous animal without first obtaining a permit from the Manager. An application for such permit shall be filed in accordance with Section B31-71. The application for a permit, permit conditions, inspection, denial, revocation, and appeal shall be the same as set forth in Sections B31-71-79, 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 Manager, engaging in scientific or public health research. For the purposes of this article, a zoo shall be considered any organization which exhibits animals to the general public at regular specified hours, equaling at least thirty hours a week for thirty-six weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals.

(c) The owner/guardian of dangerous animal shall post the entrances to the property where the animal is kept with a legible sign, provided by the Animal Care and Control Division, of at least twelve inches square, warning persons of a dangerous animal.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-81. Permit denial.

Notwithstanding anything to the contrary, the Manager may deny or revoke a permit to keep or maintain any dangerous animal when, in his or her opinion:

(a) Any such animal may not be kept or maintained without endangering the safety of any person(s) or property; or

(b) The keeping of the animal would constitute a public nuisance; or

The 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 chapter shall be construed to permit the keeping of dangerous animals where zoning provisions or state law would prohibit such keeping.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-82. Permit period and fee.

The fee established by resolution of the Board of Supervisors shall be charged for a permit to keep or maintain one or more dangerous animals.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-83---B31-89. Reserved.

CHAPTER VII.
SALE OF ANIMALS

Sec. B31-90. 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 less than eight weeks of age. The Manager may require proof of age of the dog or cat. Proof of age may include but not be limited to a certification by a licensed veterinarian attesting to the animal's age.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-91. Immunization.

All cats or dogs over eight weeks of age, before they are sold, must 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/guardianship, including treatment and medication.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-92. 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 division may, within five 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 B31-91, the purchaser may, within one 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 pursue any remedy available to him or her at law.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-93. Location of sale.

It shall be unlawful for any person to display for sale, offer for sale, exchange, barter or give away any animal except in the following places:

(a) A pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, or horse establishment, which have a valid permit under Section B31-70;

(b) A private residence.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-94--B31-99. Reserved.

CHAPTER VIII.
PERMITTING THE KEEPING AND FLYING OF PIGEONS WITHIN RESIDENTIAL ZONED AREAS

Sec. B31-100. Intent.

The intent of this chapter 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.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-101. Definitions.

(a) Pigeons means and includes only those birds of the family Columbidae, which are maintained and housed by the owner/guardian or keeper thereof in a pigeon loft and which must be identified by means of leg bands.

(b) Pigeon loft means only such structures for the keeping of pigeons as are duly licensed as herein provided.

(c) Leg band means a ring of metal or plastic which bears thereon the means of identifying the individual bird and its owner/guardian or keeper.

(d) Permit means a license issued by the Animal Care and Control Division for the maintenance of a pigeon loft.

(e) Mature bird means those pigeons aged six months or over.

(f) Manager means Manager of the Animal Care and Control Division or his or her designated representative.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-102. Permit application.

(a) No permit is required to keep, maintain or harbor twelve or fewer pigeons in residential zone(s). However, the pigeons shall be reasonably confined to the property, maintained in a sanitary condition, and not be creating a public nuisance.

(b) Any person who keeps, maintains or harbors in excess of twelve pigeons in any residential zone shall be required to obtain a permit from the Animal Care and Control Division for such a use. The Animal Care and Control Division will issue a permit to an applicant who meets the requirements of Section B31-103 herein.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-103. Requirements for permit.

Before the Animal Care and Control Division will issue a permit, the applicant shall comply with the County Zoning Ordinance and with the following requirements:

(a) The loft shall be of sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition.

(b) 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 forty feet from any occupied human dwelling.

(d) Provide for the sanitary disposal of all manure at frequent intervals.

(e) The Manager may specify additional conditions to the permit as deemed necessary for carrying out the intent of this chapter.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-104. Management of pigeon loft.

In addition to the requirements set forth in Section B31-103 above, the permit holder shall at all times comply with the following:

(a) The pigeon loft shall be maintained in a clean and sanitary condition.

(b) Manure shall not be allowed to accumulate in the loft or be stored on the premises.

(c) 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.

(d) Spilled or excess feed in or around the loft shall be promptly removed and disposed of in a manner that does not attract rodents.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-105. Inspection authority.

Pigeon lofts and accessory buildings and property may be inspected at any reasonable time(s) or interval(s) by the Animal Care and Control Division.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-106. Revocation of permit.

A pigeon loft permit may be revoked by the Manager for violation of any of the requirements of Sections B31-103 and B31-104 of this chapter. The Animal Care and Control Division 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 he or she has seven days from receipt of the notice to request in writing a hearing to appeal the revocation of his or her permit. Such hearing shall be conducted in accordance with Sections B31-76 and B31-77. Failure to request a hearing will constitute an admission of the alleged violation(s), resulting in the immediate revocation of the permit.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-107. Fees.

(a) A fee established by resolution of the Board of Supervisors shall be charged for each pigeon loft permit in accordance with the number of mature birds maintained.

(b) Each permit shall be renewed annually for a fee established by resolution of the Board of Supervisors, except that a revised permit and payment of the applicable fee shall be required when the number of mature birds exceeds the initial or original number permitted.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-108, B31-109. Reserved.

CHAPTER IX.
ANIMAL ADVISORY COMMISSION

Sec. B31-110. Establishment; function.

There is hereby established a Santa Clara County Animal Advisory Commission. The Commission shall act in an advisory capacity to the Board of Supervisors on all matters specified in Section B31-114.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-111. Membership.

(a) The Commission shall consist of seven members appointed by the Board of Supervisors. Five members shall be appointed, one (1) each, by individual Supervisors and shall be allocated to each supervisorial district. The remaining two members shall be appointed, one each, by individual Supervisors on a rotating basis. The rotational sequence for making these two appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

(b) The composition of the Commission shall be representative of a cross-section of the community and shall be limited to persons interested in animal welfare. It shall include one official representative nominated by the Santa Clara Valley Veterinary Medical Association, and one official representative selected by the Board of Supervisors from nominations received from nonprofit, public benefit humane organizations located in Santa Clara County unless no official representatives are nominated by these organizations. Each member shall have a term of three years, and no member shall serve for more than three consecutive terms, plus any unexpired term. Of the first members, two shall serve for two years and two shall serve for one year to establish staggered terms of the membership. At the first meeting, members shall draw lots to determine the term of their membership.

(c) A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Commission without good cause entered in the minutes of the commission meeting.

(Ord. No. NS-300.745, § 1, 5-2-06; Ord. No. NS-300.753, 12-12-06)

Sec. B31-112. Organization.

The Commission shall organize itself in accordance with Section 506 of the Chapter. It shall prepare rules, regulations and bylaws for the conduct of its meetings. Said rules, regulations, bylaws and amendments thereto shall be first approved by the Board of Supervisors.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-113. Secretary.

The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-114. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) To aid in coordinating and promoting pet population control measures;

(b) To work with the County Office of Education on curriculum for humane education and responsible pet ownership/guardianship in the schools as required by California state law;

(d) To make suggestions to the staff of the Animal Care and Control Division to strengthen the County animal care and control program;

(e) To serve as an information and referral source on animals by holding public hearings; and working with the public and private animal welfare groups;

(f) To educate the public about the seriousness of the animal care and control problem;

(g) To advise the Board of Supervisors on any matters concerning animal care and control; and

(h) To render to the Board of Supervisors at least once each calendar year report or reports of its activities, whereupon the Board of Supervisors may review the effectiveness and performance of the Commission.

(Ord. No. NS-300.745, § 1, 5-2-06)

CHAPTER X.
PERMITTING THE KEEPING OF ROOSTERS

Sec. B31-115. Intent.

The intent of this chapter is to permit only those properties or premises on which roosters are proposed to be kept 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.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-116. Definitions.

In addition to the definitions in Chapter I, the following terms are defined for the purposes of this chapter:

(a) Rooster means any mature male chicken.

(b) Mature male chicken means those roosters aged six months or over.

(d) Permit means a license issued by the Animal Care and Control Division for the maintenance of a rooster coop.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-117. Permit required.

No person shall keep, maintain or harbor five or more roosters within unincorporated Santa Clara County without first obtaining a rooster coop permit from the Manager, and subject to the provisions of the County Zoning Ordinance. The annual fee for the permit shall be fixed by resolution of the Board of Supervisors.

No permit is required to keep, maintain or harbor four or fewer roosters. However, the roosters shall be reasonably confined to the property, maintained in a sanitary condition, and not be creating a public nuisance.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-118. Permit application.

An application for a rooster coop permit to keep, maintain or harbor five or more roosters shall be in writing on a form approved by the Manager. The applicant shall list the number of roosters to be kept, maintained or harbored. The Manager will issue a rooster coop permit to an applicant who meets the requirements of this chapter. The permit must be renewed on an annual basis.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-119. Requirements, regulations and standards.

Before the Manager will issue a rooster coop permit, the applicant shall comply with the County Zoning Ordinance, the provisions of this Chapter, applicable state law and with the following requirements:

(a) Persons who keep, maintain, or harbor in excess of four roosters shall confine the roosters to cages or coops, maintain the roosters in a sanitary condition and keep them from creating a public nuisance.

(b) The cages or coops shall be of sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition.

(c) The construction and location of the cages or coops shall not conflict with the requirements of any building code or setback line, and shall be at least 50 feet from any occupied human dwelling.

The Manager may establish additional written regulations and standards necessary for carrying out the intent of this chapter and may condition the permit based on compliance with the written regulations and standards. Failure of an applicant or a permit holder to comply with any of the provisions of the permit, this chapter or applicable state law, or the regulations and standards of the Manager shall be deemed just cause for the denial of any permit, either original or renewal, or for the revocation thereof.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-120. Expiration and renewal of permit.

Any permit issued under this chapter shall expire on December 31 of the year issued and annually thereafter. The procedure for the renewal of a permit shall be the same as for an application for a permit. Failure to renew a permit prior to the date of expiration shall result in a penalty fixed by resolution of the Board of Supervisors.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-121. Inspection.

The Manager or his or her authorized representative shall have the authority to inspect the location where roosters are permitted at any reasonable time(s) or interval(s) for compliance with the provisions of the permit or this chapter, applicable state law, or the regulations and standards of the Manager. The failure to consent to the entry shall be deemed just cause for the revocation of the permit.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-122. Denial or revocation of permit.

The Manager may deny or revoke any permit issued pursuant to this chapter in any of the following situations:

(a) Whenever the Manager determines that there is a failure to meet any of the conditions of the permit, this chapter or applicable state law.

(b) Whenever the Manager has 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 violations in a 12-month period of this chapter, or state law relating to roosters or public nuisance caused by roosters, or has been convicted of cruelty to animals or fowl in this or any other state within the previous five years. For the purposes of this section a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec B31-123. Appeal from denial or revocation of permit.

Prior to denial or revocation of a permit, the 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 within seven days from receipt of the notice to challenge the denial or revocation. Failure to request a hearing shall result in the immediate denial or revocation of the permit.

The Manager shall set the time and place for the hearing and cause notice of the hearing to be mailed to the person requesting the hearing at least five days before the date of the hearing.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-124. Hearing.

The Manager shall designate a person to preside over the hearing. At the hearing the petitioner and the Animal Care and Control Division 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 shall be admissible.

After submission of all the evidence and not more than 15 days after the hearing, the person presiding over the hearing shall issue the decision on whether or not the permit should be denied or revoked. The decision shall be final and supported by the weight of the evidence.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-125. No new permit after denial or revocation.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-126. Permit not transferable.

Permits issued pursuant to the provisions of this chapter shall not be transferable.

(Ord. No. NS-300.784, § 1, 6-5-07)