Cupertino Municipal Code Ch. 8.09 Sale of Animals

No person or establishment other than a licensed or County-operated animal shelter shall sell, exchange or barter any cat or dog under eight weeks of age. Proof of age of the dog or cat may be required by the City Manager. Proof of age may include but not be limited to a certification by a licensed veterinarian attesting to the animal’s age. (Ord. 1644, § 2 (part), 1994)

All cats or dogs over eight weeks of age, before they are sold, shall be immunized against common diseases in the case of dogs against distemper; in the case of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller’s knowledge of the animal’s health. Such statement shall also include the animal’s immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, including treatment and medication. (Ord. 1644, § 2 (part), 1994)

A. Any person purchasing a dog or cat from a person or establishment required to be licensed or registered pursuant to this title 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 8.09.020, 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 file a complaint with any judge of the municipal court stating a cause of action for violation of this section.

(Ord. 1644, § 2 (part), 1994)

Except where otherwise noted, 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. Notwithstanding the above, the City Attorney may commence a civil action pursuant to California Health and Safety Code Section 122045 et seq. as an alternative to, or in conjunction with, the aforementioned penalty. (Ord. 1886, (part), 2001)