Cupertino Municipal Code Ch. 8.03 Dogs and Cats

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 or shall keep such dog confined behind a fence not less than six feet high except for any of the following:

A. Guide dogs for the blind or deaf while performing their duties;

B. Dogs participating in field or obedience trials or conformation exhibitions;

C. Dogs assisting their owner/handler in legal hunting activities or in the herding of livestock;

D. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities;

E. Dogs assisting in search and rescue activities;

F. Dogs participating in City- authorized events or programs; and

G. 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 the trainer/handler. Any person who violates the provisions of this section shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 13-2105, § 1, 2013; Ord. 09-2041, 2009; Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), 1994)

A. No person shall keep or maintain more than two dogs over four months of age. No person shall keep or maintain more than three cats over four months of age. In no event shall there be more than one unspayed cat over four months old and one unspayed dog over four 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 City 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 litter of dogs or cats in any one calendar year from females owned by him or her or maintained on his or her premises without a valid permit from the City Manager for a private kennel, commercial kennel, or animal shelter.

(Ord. 1644, § 2 (part), 1994)

Every owner of a dog or a cat over four 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. (Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), 1994)

A. The owner or person with the right to control any dangerous or potentially dangerous dog shall:

1. Keep the dog under his or her own physical restraint and control by means of a leash not to exceed six feet in length. In addition, a dangerous dog must be muzzled; and

2. Post a sign advising of the presence of a dangerous or potentially dangerous dog at the entrance to every place where any such dog is confined. The sign shall be capable of being understood by a child with the normal reading skills of a second grader.

B. In addition to subsection (A) of this section, the owner or person with the right to control a dangerous dog shall:

1. 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 the sides embedded not less than two feet into the ground, behind a fence not less than six feet high, except where the dangerous dog is kept in an apartment or condominium; and

2. Ensure that when the dog is in a house, apartment, building or similar structure, that the windows and doors of same are secured to prevent the dog from exiting without the assistance of the owner or person with the right to control such dog.

(Ord. 1886, (part), 2001)

A. Every owner of a dangerous dog over four months of age shall register such dog with the City 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 City Council.

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

C. Owners of dangerous dogs unable to meet the requirements of subsection or A or B of this section, shall surrender the dogs to the City Manager for humane destruction or other disposition, by discretion of the City Manager.

(Ord. 1886, (part), 2001; Ord. 1644, § 2 (part), 1994)

No person shall maintain or board any dog or cat four months of age or older that has not been licensed pursuant to the provisions of this title, except:

A. A license shall not be required for an animal owned or under the control of a nonresident of the City, and that is to be kept in the City for less than thirty days in any twelve-month period.

B. A license shall not be required for dogs or cats temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than ten days thereafter.

(Ord. 1644, § 2 (part), 1994)

A. License fees for each dog or cat within the City, including reduced fees for spayed females or neutered males, shall be fixed by resolution of the City Council. Dog and cat license fees shall not be refundable.

B. The City 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. A late fee may be charged in accordance with other fees and charges adopted by resolution.

D. Licenses and tags for dogs used principally for the purpose of guiding persons who are blind or deaf, and for dogs used in law enforcement by governmental agencies shall be issued upon request without charge.

(Ord. 1644, § 2 (part), 1994)

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 City 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 City Manager, in writing, of any changes of address within fourteen days of the date of such change.

C. Notwithstanding subsection A of this section, the Manager, in the Manager’s discretion, may refuse to issue or renew a license for a period of not more than two years when such refusal is deemed reasonably necessary to protect public health, safety and property.

(Ord. 1644, § 2 (part), 1994)

A. With each dog or. cat license, the City Manager will issue a metal tag bearing an identifying number. 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 owners premises. In the event it is necessary to issue a duplicate tag, a fee set by the City 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.

(Ord. 1644, § 2 (part), 1994)

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 six months or twelve months or twenty-four months from the date or thirty-six months from date of issue dependent on license fee and or 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.

(Ord. 1644, § 2 (part), 1994)

The City 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. (Ord. 1644, § 2 (part), 1994)

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. (Ord. 1644, § 2 (part), 1994)

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 City to certify that such animal has been vaccinated.

B. Every veterinarian 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 City of Cupertino shall conspicuously display a sign to notify dog and cat owners that their animals must be licensed.

(Ord. 1644, § 2 (part), 1994)

Except where otherwise specified, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12. (Ord. 1886, (part), 2001)