Article 7-20

ANIMALS*

Sections:

For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:

(a) Animal includes any live vertebrate creature, domestic or wild, except fish.

(b) Animal Control Officer means the Community Development Director or another City Employee or agent duly appointed in writing by the City Manager

*Editor’s note— Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended the title of Art. 7-20 to read as herein set out. Art. 7-20 was formerly titled "Animals and Fowl."

Prior ordinance history: Ord. 71-126.

to act on his or her behalf in the administration and enforcement of the animal and rabies control laws and the provisions of this Article.

(c) Animal establishment means any commercial premises or place within the City where animals are kept or boarded overnight.

(d) Animal shelter or shelter means a facility operated by a public agency or by an accredited, taxexempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned, or unwanted animals.

(e) Cat includes all domesticated felines.

(f) Commercial kennel means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels.

(g) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or other animal, other than a dog, which because of its size, disposition, or other characteristic would constitute a danger to persons or property.

(h) Dangerous dog means any dog, except a dog assisting a peace officer engaged in law enforcement duties, which has demonstrated any or all of the following characteristics:

(1) Inflicted severe injury or killed a person; or

(2) Killed a domestic animal, off the property of the owner of the dog; or

(3) Committed an act qualifying it as a potentially dangerous dog more than twice during a thirty-sixmonth period.

(i) Dog includes all domesticated canines.

(j) Grooming parlor means any commercial premises or place where animals are trimmed, bathed or groomed.

(k) Owner means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five consecutive days.

(l) Person means any individual, establishment, firm, association, organization, partnership, trust, corporation, or company.

(Saratoga Supp. No. 44, 12-18)

125

7-20.010

(m) Pet shop means an establishment operated by any person where any live animals are kept for sale, barter or hire.

(n) Potentially dangerous dog means any dog, except a dog assisting a peace officer engaged in law enforcement duties, that has committed any of the following acts:

(1) On two separate occasions within a thirty-sixmonth period, engaged in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog and the dog was not first proven to have been physically assaulted by the person; or

(2) Bitten a person causing an injury that is not severe as defined herein; or

(3) Severely injured a domestic animal at a location that is not the property of the owner of the dog.

(o) Private kennel means a person who maintains within or adjoining his or her private residence three or more dogs over four months of age, or three or more cats over four months of age, but no more than a combined total of five dogs and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two litters of dogs or cats in any one calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel.

(p) Quarantine means isolation of an animal in a place and manner approved by the Animal Control Officer.

(q) Severe injury means any physical injury that results in muscle tears, disfiguring lacerations, one or more broken or fractured bones, or requires multiple sutures or staples, or corrective or cosmetic surgery.

(r) Wild animal means any wild, exotic, undomesticated, or venomous animal, including mammals, fowl or reptiles. (Ord. 71-136 § 1 (part), 1994) (Ord.No.307,§1.B.2,10-16-2013;Ord.No.323,§1(Att. 1), 11-19-2014; Ord. No. 354, § 1(Exh. A), 12-20-2017)

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

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

(b) To arrest any person who violates any provision of this Chapter in the manner provided by Section 836.5 of the Penal Code.

(c) To issue a citation (notice to appear in court) pursuant to Section 14503 of the Corporations Code (Animal Control Officer only).

(d) To act as a public officer pursuant to Food and Agriculture Code Section 7.

(e) The City Manager may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this Article. Such rules and regulations shall have the same force and effect as this Article when adopted by the City Council and any violation shall be deemed an infraction.

(f) Pursuant to Section 14503 of the Corporations Code, the City Manager may designate as an Animal Control Officer any employee of a public agency shelter which has contracted with the City to provide animal care or protection services.

(g) To propose such fees as are necessary for the administration of this Article, including, but not limited to, the fees referenced herein. All fees shall be approved by resolution of the City Council. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

7-20.030 Inspection by Animal Control Officer.

(a) The City Manager and/or an Animal Control Officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this Article. An inspection or search warrant will be obtained whenever required by law.

(b) This entry and inspection will be made only after the occupant of the premises, if any, has been given written or oral notice of the inspection by the City Manager and/or an Animal Control Officer. If the land is unoccupied, the City Manager and/or Animal Control Officer will make a reasonable effort to locate the owner or other person having control of the property before making entry.

(Saratoga Supp. No. 44, 12-18)

126

7-20.060

(c) Notwithstanding the foregoing, if the City Manager and/or an Animal Control Officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, the City Manager and/or Animal Control Officer shall have the power to immediately enter and inspect the property with the use of reasonable force. If the property is occupied in such a circumstance, the City Manager and/or an Animal Control Officer will first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection constitutes a misdemeanor. (Ord. 71-136 § 1 (part), 1994)

(a) No person in the City owning or having control or custody of any dog or any other animal shall cause, permit or allow the same to be at large or to stray or wander into any school yard, school building, public park, public highway or street or upon any private place or property without the consent of the owner or person in control thereof.

(b) No dog shall be permitted or allowed in any residential or commercial zoning district in the City, except:

(1) Within the confines of a building or structure;

or

(2) Within the confines of a fenced enclosure at least five feet in height which, in the opinion of an Animal Control Officer, is of sufficient strength and design to prevent escape by the particular dog confined therein; or

(3) Where such dog at all times is held and led by a leash of not more than six feet in length, securely attached to a harness or collar on the dog and held by a person capable of exercising complete control over such dog.

(c) The provisions of this Section shall not apply to dogs assisting peace officers engaged in law enforcement activity, or dogs being trained by peace officers, or their agents, for law enforcement activity.

(d) An Animal Control Officer shall not seize or impound a dog for running at large in violation of this Section when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a

right to control the dog has a right of possession, but in such a case a citation for such violation may be issued.

(e) A dog that has strayed away from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of this Section, but in such a case a citation for such violation may be issued; provided, however, that if in such situation the owner or the person who has a right to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded; where the dog is being held; the name, address and telephone number of the agency or person to be contacted regarding release of the dog; and that the dog may be destroyed or all owner's rights forfeited under Section 7-20.110(g) if its owner does not lawfully regain possession of the dog within four business days after (but not including) the date of posting of the notice or obtain a signed written agreement from the Animal Control Officer to keep the dog for a specified longer time period.

(f) Nothing contained in subsection (d) or (e) of this Section shall affect the authority of an Animal Control Officer to seize or impound a dog or issue citations for violation of any other Section of this Article. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

Editor’s note— Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, repealed § 7-20.050, which pertained to rabies and other animal diseases and derived from Ord. 71-136 § 1 (part).

(a) No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous animal or nondomestic animal without first applying to and receiving special authorization from the City Manager. The keeping or maintenance of such animals shall also conform to all applicable zoning regulations.

(b) The City Manager may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his or her opinion, any such animal may be kept or maintained without endangering the safety of any person or property; provided,

(Saratoga Supp. No. 44, 12-18)

127

7-20.060

however, that the City Manager may require any such animal to be properly caged, tethered, or restrained, and he or she may impose such additional requirements that may be necessary and proper under the circumstances. The City Manager may revoke such authorization when, in his or her opinion, the safety of any person or property is endangered by the keeping of any such animal.

(c) The provisions of this Section shall not be applicable to licensed circuses, carnivals, zoos, or other collections of wild animals under jurisdiction of a city, county, state or federal government. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

No person shall abandon any animal in the City. (Ord. 71-136 § 1 (part), 1994)

(a) When any animal owned by or in the control of any person dies in the City, such person shall, within twenty-four hours, provide for the burial, incineration or other disposition of the body of such dead animal in a safe and sanitary manner, or such person may request the Animal Control Officer to dispose of such animal, and in such event shall pay a fee for such disposal as fixed by City Council resolution.

(b) Upon learning that the body of a dead animal located within the City has not been disposed of in a safe and sanitary manner, the Animal Control Officer shall remove the body immediately. Before disposing of the body of a dead animal, the Animal Control Officer will give notice to the owner of the animal, if known, within seventy-two hours of the time that the dead animal is removed. The Animal Control Officer shall not be required to remove and dispose of bodies of dead animals on State highways or on State property.

(c) The City Council may establish a fee sufficient to defray the cost incident to removal and disposal of bodies of animals. The owner or person in charge of any dead animal shall pay such fee. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

No person or animal establishment other than a licensed animal shelter shall sell, exchange, or barter any dog or cat less than eight weeks of age. Proof of age of the dog or cat may be required by the City Manager and/or Animal Control Officer. Proof of age may in-

clude, but is not limited to, a certification by a licensed veterinarian attesting to the animal's age. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

Any person adopting an unspayed or unneutered dog or cat from any animal shelter shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that (1) the date specified in the adoption agreement is inappropriate for the animal in question or (2) the procedure would threaten the health of the animal. On submission of such written statement to the person at such shelter responsible for insuring compliance with this Section, the adoption agreement will be modified accordingly. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) Right to impound. An Animal Control Officer may seize and impound any animal when impoundment thereof is authorized or required under any provision of this Article or State law. The Animal Control Officer may also seize and impound any stray animal running at large in violation of Section 7-20.040, subject to the limitations set forth therein, and any dog not licensed as required by Section 7-20.200. The Animal Control Officer may seize and impound any animal to protect the public health, safety, and public and private property (including but not limited to a dangerous dog or potentially dangerous dog, including such dogs when not kept in compliance with requirements for such dogs as set forth in this Article); and to protect an animal that is injured, sick, or starving and must be cared for.

(b) Notice of impoundment. Whenever any animal is impounded under the provisions of this Article or State law, the Animal Control Officer shall use reasonable diligence to locate the owner and shall notify such owner of the animal's impoundment, if the whereabouts of such owner is known. The notice shall state the name, address and telephone number of the agency or person to be contacted regarding release of the animal and shall indicate the ultimate disposition of the animal in accordance with subsection (g) of this Section if no action is taken to secure its release within the period of time specified in the notice, which shall be not less than four business days nor more than ten business days from the date such notice is mailed or otherwise given to the owner. If the whereabouts of

(Saratoga Supp. No. 44, 12-18)

128

7-20.120

such owner is unknown, the Animal Control Officer shall post a notice of the impoundment at a conspicuous place in City Hall, which notice shall contain a description of the impounded animal and shall set forth the fact that unless it is reclaimed before the time specified in such notice, which time shall be not less than four business days nor more than ten business days from the posting thereof, the Animal Control Officer will proceed to dispose of such animal in accordance with subsection (g) of this Section.

(c) Hearing prior to impoundment. Except in cases where summary seizure and impoundment is authorized or required under any provision of this Article or State law, the Animal Control Officer may not seize or impound any animal, without the consent of the owner of the animal, unless a hearing is held as set forth in Section 7-20.120.

(d) Care of impounded animals. The Animal Control Officer shall cause all animals impounded to be provided with sufficient food and water and with shelter suitable for such animals.

(e) Fees for keeping animals. The City Council by resolution shall fix, determine and maintain a schedule of fees to be collected from the owners of all animals impounded, such fees to be sufficient to defray the costs incident to such impounding, including all costs for the care and maintenance of the animal at the shelter or other place where the animal is confined.

(f) Redemption of impounded animal. The owner of an impounded animal may, at any time before the disposal thereof by the Animal Control Officer, redeem such animal by paying to the Animal Control Officer the fees, charges and, in the case of dogs, the license fee prescribed by this Article and any tax imposed by the State accruing up to the time of such redemption; provided, however, an impounded animal may not be redeemed where:

(1) Such animal is determined to be diseased and ordered by the Animal Control Officer to be destroyed, as provided in Section 7-20.140; or

(2) Such animal is determined to be dangerous and ordered by the Animal Control Officer to be destroyed, or the owner of such animal has failed to satisfy the conditions for release of a dangerous dog, as provided in Section 7-20.145; or

(3) Such animal is required to be quarantined, as provided in Section 7-20.160.

In such cases, the owner of the animal may request an appeal hearing pursuant to Section 7-20.120.

(g) Disposition of impounded animal. Any animal impounded and not (1) redeemed or (2) subject to a request for a hearing pursuant to Section 3-10.050 of the City Code appealing a decision that the animal may not be be disposed of by the Animal Control Officer or the shelter where redeemed may such animal is confined; provided, however, any animal that has been determined by a veterinarian licensed by the State or other qualified person to be diseased or injured to the extent that emergency veterinary care will not alleviate its suffering shall be destroyed in a humane manner as soon as possible, and in such event, the Animal Control Officer shall not be required to give the notice described in subsection (b) of this Section. An animal in good health and temperament shall be made available for adoption or release to a humane society or other society incorporated and organized for the prevention of cruelty to animals qualifying under Corporations Code Section 14500 and following and deemed satisfactory by the Animal Control Officer in his or her sole discretion.

(h) Recordof impoundedanimals. TheAnimalControl Officer shall keep a record of all animals impounded, which record shall show the date of impoundment, license tag number, if any, the date and manner of its disposal, and if redeemed or sold, the name and address of the person by whom redeemed or purchased and the amount of all fees and other money received or collected by him and the disposition thereof. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(Ord. No. 360, § 3(Exh. A), 12-5-2018)

(a) Request for hearing on determinations pursuant to this Article. Except where notice is not required to be given to an owner under any provision in this Article, any owner of an animal that is the subject of an order or determination pursuant to this Article, or any owner of an impounded animal who wishes to challenge a determination that an impounded animal may not be redeemed or the conditions imposed on redemption, may file an appeal by personally delivering or mailing a written request for a hearing and the required appeal fee to the Saratoga City Clerk pursuant to Section 3-10.050 of the City Code. Failure to file with the City

(Saratoga Supp. No. 44, 12-18)

129

7-20.120

Clerk a written request for a hearing pursuant to Section 3-10.050 of the City Code will forfeit all rights of ownership and control of the animal to the City of Saratoga, notwithstanding any other appeal period set forth in this Code. Upon such forfeiture, the Animal Control Officer shall determine the final disposition of the impounded animal in accordance with the law.

(b) Hearing initiated by Animal Control Officer. In cases where the Animal Control Officer proposes to impound any animal, but summary seizures and impoundment is not authorized or required under any of the provisions of this Article or State law, the Animal Control Officer may initiate a hearing to determine whether such animal should be impounded and shall order the owner of the animal to appear at such hearing.

(c) Hearing procedures. Hearings shall be held in accordance with the procedures set forth in Section 3-10.050 of this Code except as otherwise set forth in this Section.

(d) Owner's failure to appear at hearing. Failure of the owner to appear at a hearing initiated by the Animal Control Officer shall constitute a misdemeanor, subject to the punishment as prescribed in Chapter 3 of this Code. In addition, the Animal Control Officer may immediately seize and impound the animal.

(e) Rescindment of order or determination. If the Hearing Officer determines that the order or determination at issue is not supported by the weight of the evidence, the order or determination shall be rescinded and no similar order or determination may be made with respect to that animal unless new facts arise following the hearing that provide reasonable grounds to support the order or determination. (Ord. 71-136 § 1 (part), 1994; Ord. No. 307, § 1.B.2, 10-16-2013; Ord. No. 323, § 1(Att. 1), 11-19-2014; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(Ord. No. 360, § 3(Exh. A), 12-5-2018)

Editor’s note— Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended § 7-20.120 in its entirety to read as herein set out. Said section formerly pertained to hearing on impoundment.

(a) Seizure in absence of owner. Except as otherwise provided in Section 7-20.040, an Animal Control Officer may seize and impound any animal for violation of any provision of this Article or State law prior

to a hearing in any of the following situations where the owner is not present and where the Animal Control Officer reasonably believes it is necessary:

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

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

(3) To protect an animal from injury that has strayed onto public property or public right-of-way.

(b) Seizure when owner present. Even when the person owning or having charge of an animal is present, an Animal Control Officer may seize or impound any such animal he or she reasonably believes to be infected with disease transmittable to a human being or to be dangerous so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the Animal Control Officer reasonably believes that such seizure and impoundment is necessary to protect the public health and safety.

(c) Post seizure hearing. If the owner of the animal wishes to challenge the impoundment, he or she shall personally deliver or mail to the Animal Control Officer a written request for a hearing such that it is received by the Animal Control Officer within the statemandatedholdingperiodaftertheseizureandimpoundment, and such hearing shall then be scheduled, noticed and conducted as set forth in Section 7-20.120. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) Restriction concerning diseased animals. No person owning or having possession of any animal that is infected with any disease transmissible to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the City other than at an approved veterinary hospital or alternate site of confinement approved by the Animal Control Officer. Any violation of this subsection shall constitute a misdemeanor.

(b) Seizure and impoundment. The Animal Control Officer may seize and impound without prior hearing any animal he or she reasonably believes to be diseased. The Animal Control Officer shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased so as to constitute a threat to public health or safety.

(Saratoga Supp. No. 44, 12-18)

130

7-20.145

(c) Hearing. The owner of an animal that is impounded as a diseased animal shall have the right to a hearing on the determination of such diseased condition. The hearing shall be requested, noticed and conducted within the time and in manner as specified in Section 7-20.120 of this Article.

(d) Destruction of diseased animals. Animals that have been determined by a veterinarian licensed by the State or other qualified person to be so diseased as to constitute a threat to public health or safety, shall be destroyed by or under the direction of the Animal Control Officer. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) A dog that qualifies as a potentially dangerous dog under the definition contained in this Article may be determined to be a potentially dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to Section 7-20.120. The City shall maintain a list of potentially dangerous dogs in the City of Saratoga and keep of a record of incidents of dangerous or potentially dangerous dog behavior by potentially dangerous dogs reported by the Animal Control Officer.

(b) If no additional incident of dangerous or potentially dangerous dog behavior occurs within a thirtysix-month period from the date the Animal Control Officer determines a dog to be a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs.

(c) A dog may be, but is not required to be, removed from the list of potentially dangerous dogs if the owner of the dog satisfactorily demonstrates to the Animal Control Officer that changes in circumstances or measures taken by the owner, such as training of the dog, have satisfactorily mitigated the risk to public safety.

(d) A dog determined to be potentially dangerous, while on the owner's property, shall at all times be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous dog may be off the owner's property only if it is restrained by a leash of not more than six feet in length and if it is under the control of a responsible adult.

(e) If a dog determined to be potentially dangerous dies, is sold, transferred, or permanently removed from the City, the owner of the dog shall notify the Animal Control Officer of such changed circumstance and/or location of the dog in writing within five business days.

(Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) [ Determination. ] A dog that qualifies as a dangerous dog under the definition in this Article may be determined to be a dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to Section 7-20.120. The City shall maintain a list of dangerous dogs in the City of Saratoga and keep of a record of incidents of dangerous or potentially dangerous dog behavior by dangerous dogs reported to the Animal Control Officer.

(b) [ Removal from list of dangerous dogs. ] If no additional incident of dangerous or potentially dangerous dog behavior occurs within a thirty-six-month period from the date an Animal Control Officer determines a dog to be a dangerous dog, the dog shall be removed from the list of dangerous dogs.

(c) Registration and tagging requirement. Once the dangerous dog determination has been made by the Animal Control Officer, the owner(s) shall be required to register such dog with San Jose Animal Control Care and Services (SJACS) and SJACS shall issue a metal tag identifying the dangerous dog. Each dog shall be required to wear the tag at all times.

(d) Notification requirement. After a dangerous dog determination has been made by the Animal Control Officer, a one-time notification shall be made to neighbors residing or owning property within five hundred feet of the boundaries of the property at which the dangerous dog is located.

(e) Dangerous dog maintenance requirements.

(1) Requirements for confinement. No person shall have, possess or maintain a dangerous dog unless that person demonstrates, to the satisfaction of the City Manager or the Animal Control Officer, that the dangerous dog is securely confined as follows:

a. Outdoors: when not on leash, the dangerous dog must be maintained in a secure and enclosed space behind a fence of not less than six feet in height that the

(Saratoga Supp. No. 44, 12-18)

131

7-20.145

dog cannot exit without assistance from the owner of the dog. The space shall also be secure so as to prevent minors from accessing the area where the dog is contained.

b. Indoors: by means of a house, apartment, building or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of the owner or a person designated by the owner with the right to control the dog.

c. When a dangerous dog is not confined as prescribed in subsection (c)(1)a of this Section, the owner or person designated with the right to control such dog shall be required to keep the dog:

1. On a leash not to exceed three feet in length. The dog shall at all times be under the control of a person at least eighteen years of age who is physically capable of restraining it. A dangerous dog shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings, except when the dog is inside a securely enclosed, escape-proof locked kennel or pen; and

2. Securely muzzled. The muzzling device shall be constructed to allow normal respiration but impossible for the dog to remove it without human assistance.

(2) Signage. A sign advising of the presence of a dangerous dog shall be posted at every entrance to every place wherein such dog is confined. The sign shall be capable of being understood by a child of age six or more.

(3) Requirements for transportation. During transportation, a dangerous dog shall be securely enclosed and unable to escape the vehicle in which it is being transported. No dangerous dog shall be left unattended in or about any vehicle.

(4) Requirement for sterilization. The owner of the dangerous dog shall be required to have the dangerous dog spayed or neutered, unless a licensed veterinarian states in writing that sterilization would make the dog in question more dangerous or significantly threaten the health of the dog.

(5) Microchip. The owner of the dangerous dog shall be required to have the dangerous dog permanently identifiable by means of implantation of a microchip.

(6) Behavior modification. Within thirty days from the date of the dangerous dog designation, the owner of the dangerous dog shall register for and participate in obedience training or other training or treatment by an

animal behaviorist or trainer that is pre-approved by the Animal Control Officer. No more than six months from the date of the dangerous dog designation, the owner of the dog shall provide the Animal Control Officer with documentation of completion of such training or treatment. An extension of up to six months for completing the training or treatment may be granted by the Animal Control Officer.

(7) Minors. At no time may a dangerous dog be left in the company of any minor without supervision of an adult capable of controlling and restraining the dog.

(f) Requirement for inspection. The Animal Control Officer shall conduct home inspections every six months for the duration of the thirty-six-month dangerous dog designation, to determine compliance with the requirements for dangerous dog maintenance. The inspection shall be subject to any fee for such inspection set forth in the schedule of fees adopted by resolution of the City Council.

(g) Change of address or ownership. The owner of a dog that has been determined to be a dangerous dog hereunder shall notify the City Manager, in writing, of any change of address or ownership within five business days from the date of such change.

(h) Failure to comply with requirements. Any owner of a dangerous dog who fails or is unable to comply with any of the requirements set forth in this Section or any conditions imposed by the Animal Control Officer with respect to such dog, shall surrender such dog to the Animal Control Officer for destruction or other disposition as determined by the Animal Control Officer.

(i) Violations. The violation of any provision contained in this Section shall constitute a misdemeanor. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(Ord. No. 360, § 3(Exh. A), 12-5-2018)

Editor’s note— Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended § 7-20.145 in its entirety to read as herein set out. Said section formerly pertained to vicious animals.

Any person who finds any animal that has strayed or is running at large upon his or her own property or any other place contrary to the provisions of this Article may take possession of and hold the same; provided, that he or she shall notify the Animal Control

(Saratoga Supp. No. 44, 12-18)

132

7-20.180

Officer or the County Sheriff of the fact that he or she has such animal in his or her possession within six hours after securing possession thereof, and give the Animal Control Officer or County Sheriff full information in regard to the same, and surrender the same to the Animal Control Officer upon demand. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to the Animal Control Officer with full information in regard to the incident.

(b) Upon receipt of such a report, the Animal Control Officer shall seize or quarantine such animal 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 to quarantine the animal on his or her premises.

(c) Any person who fails, refuses, or neglects to quarantine any animal as ordered by the Animal Control Officer, or who refuses to allow the Animal Control Officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the Animal Control Officer.

(d) The City Manager may charge a fee, as set forth in a resolution of the City Council for the City's costs of seizing or quarantining animals and inspection for quarantine of animals. Any fee charged shall be paid by the owner of the animal. Such a fee shall be in addition to the actual costs of the Animal Control Officer in housing, feeding and otherwise caring for a quarantined animal.

(e) The head of any animal that dies or is destroyed while under quarantine shall be submitted to the Animal Control Officer for rabies examination. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) The provisions of this Section shall be in addition to, and not in lieu of, any other regulations contained in this Code or in any other ordinance of the City regarding the keeping and maintenance of animals.

(b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with food, water, and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary condition, and free from all noxious odors or substances. The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a public nuisance.

(c) The following conditions shall constitute evidence of lack of sanitary conditions for the keeping and maintenance of animals:

(1) The presence of an unusual number of flies in the vicinity of any enclosure or premises where animals are kept.

(2) Any unnecessary accumulation of debris, refuse, manure, droppings or other removable material upon any surface in the vicinity of any enclosure or premises where animals are kept.

(3) The presence of any obnoxious odors arising from any condition existing within the enclosure or premises where animals are kept.

(4) The unnecessary existence of dust within the enclosure where animals are kept.

(d) Upon receipt of a written or oral complaint from any person residing or regularly employed in the area, containing facts evidencing the existence of a violation of this Section, or a violation of any other provision of this Code relating to the keeping of animals, the Animal Control Officer or a Community Service Officer shall investigate such complaint. Such enforcement official may also initiate an investigation without the receipt of any such written or oral complaint if he has reasonable cause to believe any such violation may constitute a public nuisance. (Ord. 71-136 § 1 (part), 1994)

Every owner of a dog or cat over four months of age in the City shall cause such dog or cat to be vaccinated with an antirabies vaccine approved by the State and administered by a duly licensed veterinarian. Further vaccinations shall be made at such intervals of time as may be prescribed by the State Department of Health. (Ord. 71-136 § 1 (part), 1994)

(Saratoga Supp. No. 44, 12-18)

132.1

7-20.190

Noise caused by animals and fowl shall be governed by the provisions of Section 7-30.060(f). (Ord. 71-136 § 1 (part), 1994; Amended by Ord. No. 315, § 1.1, 4-2-2014)

(a) License required. No person shall have, harbor or keep any unlicensed dog or cat in the City or permit or allow any unlicensed dog to remain on any premises under his or her control or in his or her possession contrary to the provisions of this Section.

(b) Exemptions. The following are exempt from the requirement for license:

(1) Dogs or cats less than one hundred twenty days old.

132.2

(Saratoga Supp. No. 44, 12-18)

7-20.210

(2) Dogs or cats vaccinated and licensed in other jurisdictions, for so long as such license remains in effect.

(3) Dogs or cats owned by a nonresident of the Citytravelingthroughortemporarilysojourningtherein for not more than thirty days in any twelve-month period.

(4) Dogs or cats temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than fifteen days thereafter.

(5) Dogs or cats on sale in a duly licensed pet shop or kennel where they are kept enclosed at all times.

(6) Dogs principally used for the purpose of leading persons with defective eyesight or hearing and dogs used in law enforcement agencies. Licenses and tags shall be issued for such dogs upon request without charge.

(c) Fees. A license fee shall be paid for each dog or cat within the City. The amount of this fee and any applicable penalty fees shall be determined from time to time by City Council resolution.

(d) Vaccination as condition to issuance of license. Prior to the issuance of any license it shall be necessary that the dog or cat licensed shall be vaccinated with antirabies vaccine as provided in Section 7-20.180 which is effective and recent enough to provide protection against rabies for the licensed period.

(e) Veterinarian responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the City any dog or cat with antirabies vaccine shall use a form provided by the licensing authority to certify that such animal has been vaccinated.

(f) Issuance, contents. Upon the payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and, when required, and presentation of a dangerous animal registration, the City Manager shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, the dates of expiration of the dangerous animal registration and insurance coverage, if applicable, and a description of the dog or cat for which such license is issued, together with the number of the metallic tag accompanying the same.

(g) Term; expiration. Dog and cat licenses shall expire one year from date of issue or thirty-six months from date of issue dependent on license fee and vacci-

nation status tendered. 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.

(h) Metal tags. With each dog or cat license, the Animal Control Officer shall issue a metal tag bearing an identification number. Each dog or cat shall wear the tag issued for it at all times. In the event that it is necessary to issue a duplicate tag, a fee established by City Council resolution shall be charged to the owner.

(i) Record of licenses. The Animal Control Officer shall keep a proper record of all licenses issued by him, together with a description of the dog or cat for which such license is issued.

(j) Special license tax. Whenever the State Department of Public Health makes its determination that rabies exists in the City, the special dog license tax established by Sections 121645 through 121655, inclusive, of the State Health and Safety Code, shall become effective immediately, in addition to the license fee provided for in subsection (c) of this Section.

(k) Disposition of license fees. All money collected as a result of the license fees imposed by this Section shall be paid to the City and all money collected pursuant to the State special license tax shall be deposited in the rabies treatment and eradication fund. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

7-20.210 Licensing of animal establishments.

(a) License required; fee. No person shall operate any animal establishment within the City without first obtaining a license from the City Manager. The annual license fee shall be such amount as set by resolution of the City Council.

(b) Application. An application for a license to operate an animal establishment, as described in subsection (a) of this Section, shall be made in writing on a form approved by the City Manager, and shall be accompanied by an application fee in such amount as set by resolution of the City Council. The applicant shall furnish a list of the types of animals to be maintained, used or kept at the establishment, together with the approximate number of animals of each type. Not later than ten business days after receipt of the application by the City Manager, the premises for which the license is requested shall be examined by the City Manager or his or her designee. No license shall be issued or re-

(Saratoga Supp. No. 42, 12-17)

133

7-20.210

newed unless and until all applicable regulations set forth in this Article or elsewhere in this Code, are complied with.

(c) Conditions of license. The City Manager may establish conditions for issuance, continuation and renewal of animal establishment licenses, including, but not limited to:

(1) The maximum number and species of animals to be kept or maintained on the premises.

(2) The construction, sanitation and maintenance of facilities.

(3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this Article.

(d) Records. The licensee shall at all times keep and 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. Such records shall be made available to the City Manager upon request.

(e) Regulations. Every person who owns, operates or manages any animal establishment in the City for which a license is required under this Section shall comply with the following regulations:

(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.

(2) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

(3) 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 feedings habits of such animals require, 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.

(4) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals.

(5) All reasonable precautions shall be taken to protect the public from the animals and animals from the public.

(6) 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 needs of the animals.

(7) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.

(8) All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation.

(9) All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the Animal Control Officer.

(10) 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 or attendant of the animal(s) is immediately available on the premises.

(11) All sick, diseased or injured animals shall be isolated from healthy animals at all times and shall be given proper medical treatment. The City Manager may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal if such animal is reasonably believed to be in need of such treatment.

(12) All animals shall be treated in a humane manner.

(13) The City Manager shall have the authority to enter the animal facility when he or she has reason to believe that the provisions of the permit, this Article or applicable State law, are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.

(14) Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the City Manager.

(f) Expiration of license. Animal establishment licenses shall expire at the end of the calendar year or such other date as may be set by the City Manager.

(g) Renewal of license. An animal establishment license may be renewed upon application to the City Manager, received prior to the expiration date of the license, accompanied by such documents as the City Manager may require and a renewal fee in such amount as set by resolution of the City Council. The City Manager shall have authority to renew the license for a period not exceeding one year if he or she determines that all of the findings set forth in subsections (c), (d)

(Saratoga Supp. No. 42, 12-17)

134

7-20.220

and (e) can still be made and the applicant has fully complied with all of the conditions of the license. The City Manager may, in his or her discretion, conduct an administrative hearing on the renewal application, in which event the same procedure shall be followed as in the case of an application for an original permit.

(h) Denial or revocation of license. The City Manager may deny or revoke any license issued pursuant to this Article in the following situations:

(1) Whenever determined by inspection that an animal establishment fails to meet any of the conditions of the permit, this Article, or applicable State law.

(2) Whenever there is reason to believe that the applicant or the license holder has willfully withheld or falsified any information required for the license.

(3) If the applicant or license holder has been convicted by a court of law of any violations in a twelve-month period of this Article, 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.

(i) Appeal from denial or revocation of license.

(1) Prior to denial or revocation of a license, the City Manager shall notify the applicant in writing of the intent to deny or revoke the license, the reasons for such denial or revocation, and that the applicant may make a written request for a hearing to the City Manager within five days after receipt of such notice if the applicant wishes to challenge the denial or revocation.

(2) The City 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 7-20.120.

(j) No new license after denial or revocation. If license has been denied or revoked, the City Manager will not accept a new license 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 City Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license revoked no longer exist.

(k) Permit not transferable. Permits issued pursuant to the provisions of this Section shall not be transferable.

(l) Inspections. The City Manager shall have the authority to enter upon and inspect any area or premises of any animal establishment for the purpose of enforcing the provisions of this Section.

(m) Hearing on granting an animal establishment license for a private kennel. In addition to all the other requirements of this Section an application for a private kennel license shall be subject to a hearing before the City Manager. The hearing shall be conducted according to the procedures in Section 7-20.120 with the following additional requirements:

(1) Written notice of the time and place of the hearing shall be mailed to the owners of all properties, which abut or adjoin the property proposed to be used as a private kennel at least ten days prior to the date set for the hearing.

(2) The hearing shall be conducted by the City Manager instead of the Hearing Officer and the decision of the City Manager shall be supported by the weight of the evidence and shall be final unless appealed to the City Council as provided in Article 2-05 of this Code.

(3) In reaching a decision to approve, conditionally approve, or deny the application, the City Manager shall take into account:

a. All of the provisions of this Section;

b. All of the provisions of Section 15-11.020(h), regardless of the applicable zoning district; and

c. The history of the property and the applicant in terms of keeping animals, including the code enforcement history. (Ord. 71-136 § 1 (part), 1994; Ord. 71-158 § 1, 1995; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) Purpose. This Section is adopted to regulate the keeping and maintenance of horses, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting residents to keep horses under appropriate conditions, and further to establish conditions and requirements for the operation of commercial and community stables. This Section is also intended to provide a basis for correction of existing unsafe and unhealthful conditions.

(b) Definitions. For the purposes of this Section and other provisions of this Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise:

(1) Boarding stable means any stable or corral where horses are lodged or fed for remuneration.

(Saratoga Supp. No. 42, 12-17)

134.1

7-20.220

(2) Commercial stable means any establishment providing services or facilities for the keeping, training, breeding, or use of horses, other than for private use, including, but not limited to, boarding stables and riding schools, but not including community stables.

(3) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping, training, breeding, or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale.

(4) Corral means an area enclosed by fencing for the keeping of horses or other livestock.

(5) Horse includes any member of the horse family (Equidae) including, but not limited to, ponies, donkeys and mules.

(6) Horse stable means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock.

(7) Keeping or maintenance , in relation to a horse or horses, means the harboring or maintaining possession of any horse on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any horse physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupancy of the site.

(8) Keeping or maintenance for private use , in relation to a horse or horses, means the keeping of horses owned by the owner of the site where such horses are kept, for the private use by such owner and his guests as a use accessory to a residence on the same site, and not for remuneration, hire or sale.

(9) Pasture means a plot of ground other than a corral with grass or other plant life available for grazing horses.

(10) Riding school means any establishment providing or offering for remuneration, equestrian instruction through private lesson, organized class, or group instructionalactivities,oranyestablishmentwherehorses are maintained or facilities provided primarily for the purpose of providing equestrian instruction for remuneration.

(c) Interpretation of provisions. The provisions of this Section shall be held to be minimum requirements except where it is expressly stated that maximum re-

quirements shall prevail. The provisions are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed or otherwise; provided, however, that where this Section imposes greater restrictions upon such property, the provisions of this Section shall control.

(d) Compliance with regulations.

(1) It shall be unlawful for any person to keep or maintain any horse, or cause any horse to be kept or maintained in the City except in conformity with the provisions of this Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this Code.

(2) Horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code.

(e) General regulations. All horses in the City shall be kept and maintained in compliance with the following regulations:

(1) Enclosures and control. All horses shall at all times be kept in a corral or enclosed stable meeting the requirements of this Section other than when being ridden or exercised under the direct control of some responsible person.

(2) Construction of corrals and stables. All corrals shall be enclosed by a substantial fence, and corrals for the enclosure of stallions shall conform to all State laws governing safety fencing, and all stables and corrals shall be erected and constructed in conformity with the Building Code of the City. Where existing buildings and structures constructed in compliance with regulations in force at the time of construction do not comply with current regulations, and constitute a threat to health, safety or the general welfare, specific corrections may be required by the City Manager within 90 days of notice of the requirement.

(3) Fire protection. Buildings and structures for the keeping of horses shall conform to the fire protection standards of the fire district in which the site is located.

(4) Maintenance; sanitary conditions. All stables and corrals shall at all times be kept adequately clean of

(Saratoga Supp. No. 42, 12-17)

134.2

7-20.230

manure. All horses and premises on which horses are kept shall be maintained in a clean and sanitary condition.

(f) Commercial and community stables. Each commercial or community stable shall conform with the following provisions, whether or not such provisions are specifically set forth in a use permit granted for such stable under Chapter 15 of this Code:

(1) The premises shall be under the full-time supervision of a competent attendant on duty on the premises.

(2) Any commercial or community stable providing equestrian instruction shall give such instruction only on the premises, unless special permission to do otherwise has been granted in the use permit.

(3) No lighting other than needed for safe passing around buildings shall be permitted unless specifically approved under the terms of the use permit.

(g) Inspections. The City Manager and the County Health Officer shall have authority to enter upon and inspect any premises where any horse is kept or maintained for the purpose of enforcing the provisions of this Section. (Ord. 71-136 § 1 (part), 1994) (Amended by Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(a) No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry an animal in a motor vehicle on any public street or highway, 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 the motor vehicle.

(b) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such manner as to subject the animal to extreme temperatures, which may adversely affect the health or well-being of the animal. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

(a) Purpose. This Section is adopted to establish provisions to regulate and encourage responsible beekeeping within the City, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting the reasonable uses of bees in agricultural activities.

(b) Definitions. For the purposes of this Section, and other provisions of this Code, the following words shall have the meaning respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise:

(1) Apiary means bees, hives and appliances wherever the same are kept, located or found and maintained by any person.

(2) Bees means honey-producing insects of the species Apis Mellifera, including the adults, eggs, larvae, pupae or other states thereof.

(3) Flyway barrier means a barrier such as a solid fence, wall or dense vegetation, six feet in height and located four to five feet away from the apiary. The barrier shall be placed in front of the entrance of a hive to modify bee entrance/exit flight paths from a low angle entrance/exit to a more vertical path.

(4) Hive means a structure for the purpose of housing bees.

(5) Location means any premises upon which an apiary is located.

(c) Location. Apiaries shall only be located within the side or rear yards and no closer than six feet from the property lines. If the apiary is located within twenty feet from a property line, the entrance shall not face that property line.

(d) Height. The maximum height of the hives or other structures associated with the apiary shall not exceed six feet.

(e) Number of hives. A maximum of three hives per property within the zoning districts R-1-10,000, R-1-12,500, R-1-15,000, and R-1-20,000. A maximum of four hives per property within the R-1-40,000 zoning district and one additional hive permitted for each half acre over one acre. Apiaries are not permitted in any zoning district not listed in this subsection (e).

(f) Flyway barrier. If the apiary is located within 20 feet of a property line, either a flyway barrier shall be required or the entrance of the apiary shall not face a property line.

(g) Watersupply. Awatersupplyadequateinquantity for the apiary shall be provided and maintained.

(h) Compliance with laws. Any person maintaining an apiary on his/her property shall comply with all local, state and federal laws.

(i) Penalty. Violation of any of the provisions of this section is a misdemeanor and public nuisance subject to the penalties set forth in Chapter 3 of this Code

(Saratoga Supp. No. 43, 7-18)

134.3

7-20.230

in addition to any other remedies at law. (Ord. 71-136 § 1 (part), 1994) (Ord. No. 347, § 1(Att 1), 5-3-2017)

Except where a violation of this Article is expressly declared to be a misdemeanor, any violation of the provisions of this Article shall constitute an infraction and a public nuisance, subject to the enforcement methods, remedies and penalties as set forth in Chapter 3 of this Code. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014)

134.4

(Saratoga Supp. No. 43, 7-18)

7-25.030