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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. DOGS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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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)