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Ordinance 2368that: CITY OF ALAMEDA ORDINANCE NO. 2368 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLES 8, 9, 10, AND 11 TO CHAPTER 1 OF TITLE IX AND AMENDING SUBSECTIONS OF ARTICLE 1 AND 2 OF CHAPTER 5 OF TITLE I THEREOF, RELATING TO DANGEROUS ANIMALS AND PROVIDING FOR ENFORCEMENT BY INFRACTION BE IT ORDAINED by the Council of the City of Alameda Section 1. The Alameda Municipal Code is hereby amended by adding Articles 8, 9, 10, and 11 to Chapter 1 of Title IX thereof to read: terms: ARTICLE 8. DANGEROUS ANIMALS Sec. 9 -181. Definitions. As used herein the (a) "Dangerous Animal" means (1) Any animal, except one assisting a peace officer engaged in law enforcement duties which, according to the Animal Shelter records, has inflicted severe injury on a human being without provocation on public or private property, has killed a domestic animal without provocation while off the owner's property; or (2) Any animal owned or harbored primarily or in part, for the purpose of dog fighting or any dog trained for dog fighting; or (3) Any animal not licensed according to City Ordinances. (4) Three violations of Section 9 -1101. (b) "Enclosure" means a fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children. Such enclosure shall be locked and designed with secure sides, top and bottom and shall be further designed to prevent the animal from escaping from the enclosure. (c) "Impounded" means taken into the custody of the City's Animal Shelter. -1- that: CITY OF ALAMEDA ORDINANCE NO. 2368 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLES 8, 9, 10, AND 11 TO CHAPTER 1 OF TITLE IX AND AMENDING SUBSECTIONS OF ARTICLE 1 AND 2 OF CHAPTER 5 OF TITLE I THEREOF, RELATING TO DANGEROUS ANIMALS AND PROVIDING FOR ENFORCEMENT BY INFRACTION BE IT ORDAINED by the Council of the City of Alameda Section 1. The Alameda Municipal Code is hereby amended by adding Articles 8, 9, 10, and 11 to Chapter 1 of Title IX thereof to read: ARTICLE 8. DANGEROUS ANIMALS Sec. 9 -181. Definitions. As used herein the terms: (a) "Dangerous Animal" means (1) Any animal, except one assisting a peace officer engaged in law enforcement duties which, according to the Animal Shelter records, has inflicted severe injury on a human being without provocation on public or private property, has killed a domestic animal without provocation while off the owner's property; or (2) Any animal owned or harbored primarily or in part, for the purpose of dog fighting or any dog trained for dog fighting; or (3) Any animal not licensed according to City Ordinances. (4) Three violations of Section 9 -1101. (b) "Enclosure" means a fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children. Such enclosure shall be locked and designed with secure sides, top and bottom and shall be further designed to prevent the animal from escaping from the enclosure. (c) "Impounded" means taken into the custody of the City's Animal Shelter. -1- (d) "Person" means a natural person of any legal entity, including but not limited to, a corporation, firm, partnership or trust. (e) "Provocation" means a willful trespass upon the premises occupied by the owner or keeper of the animal, or teasing, tormenting, abusing, or assaulting the animal or having in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or committing or attempting to commit a crime. (f) "Severe Injury" means any physical injury that results in death, broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. Sec. 9-182. Unlawful to Maintain Dangerous Animals. It shall be unlawful for any person to maintain a dangerous animal within the City of Alameda. Sec. 9-183. Impoundment. Whenever an Animal Control Officer or Peace Officer has reasonable cause to believe that any dog, either licensed or unlicensed, or any other animal, is diseased or dangerous or potentially dangerous, the impounding Officer is hereby authorized to take custody of such animal and impound the same in a safe place for such period of time as is required in order to observe, examine and determine whether or not such animal is diseased, dangerous or potentially dangerous. Sec. 9-184. Notice and Hearing. Upon impoundment of any animal the Animal Control Officer or Peace Officer shall give notice thereof in writing of the impoundment and the right to a hearing before the Supervising Animal Control Officer (SACO). If the owner is not present the notice shall be mailed to the last known address of the person registered as the owner on the animal's license records. Sec. 9-185. Hearing. The owner of an impounded animal may request a hearing within ten (10) days of impoundment before the SACO. The SACO shall file written findings within ten (10) days of the hearing with the Police Department and serve a copy on the owner. Sec. 9-186. Appeal. The decision of the SACO may be appealed to the police staff officer assigned to supervise the animal shelter program, whose decision shall be final. The appeal shall be filed -2- in writing within ten (10) days of the mailing of the findings of the SACO. The appeal shall be heard within five (5) days of the service of the notice of appeal. A decision shall be made within five (5) days of the appeal hearing. Sec. 9-187. Disposition of Animal. After such hearing and or appeal, animals declared to be dangerous shall be euthanatized ten (10) days after final determination of their status. Other animals shall be returned to their owners upon compliance with any other applicable sections of this Ordinance. Sec. 9-188. Costs. Owner shall be responsible for all of the City's costs of housing an animal determined to be dangerous or potentially dangerous for the period of impoundment. ARTICLE 9. POTENTIALLY DANGEROUS ANIMALS Sec. 9-191. Definition. Any animal that when unprovoked inflicts bites on a human being or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked to cause injury or otherwise to threaten the safety of human beings or domestic animals. Sec. 9-192. Restraints Required. A potentially dangerous animal (PDA) shall be restrained as follows: (a) When unsupervised by an enclosure. (b) In public places by a sufficiently heavy metal leash controlled by a person familiar with the animal. ARTICLE 10. ATTACKS BY POTENTIALLY DANGEROUS ANIMAL Sec. 9-1101. Misdemeanor Attack. It shall be unlawful for an owner of a PDA to leave said animal unrestrained so that the animal is able to attack, chase or menace someone and in fact does so. ARTICLE 11. REQUIREMENTS FOR LICENSING POTENTIALLY DANGEROUS DOGS. Sec. 9-1111. Licensing. (a) No potentially dangerous dog ("PDD") shall be licensed by the City of Alameda for any licensing period commencing after August, 1987, unless the owner or keeper of such PDD shall meet the following requirements; (1) The owner or keeper of a PDD shall have the City license number assigned tattooed by a licensed veterinarian on either inner rear leg of the PDD. The tattooed number shall be noted on the City's license files, if it is different from the license number assigned to the PDD. For the purposes of this section "tattoo" shall be defined as any permanent numbering of a PDD by means of indelible or permanent ink with the number designated by the SACO, or any other permanent, acceptable method of tattooing. (2) The owner or keeper shall display a sign on his or her premises warning that there is a potentially dangerous dog on the premises. Said sign shall be visible and capable of being read from the public roadway. The owner or keeper shall sign a statement attesting: (i) The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced enclosure for the PDD on the property where the PDD will be kept or maintained. (ii) The owner or keeper shall notify the licensing authority within twenty-four (24) hours if a PDD is on the loose, is unconfined, has attacked another animal or has attacked a human, or has died or has been sold or given away. If the PDD has been sold or given away the owner or keeper shall also provide the City's SACO with the name, address and telephone number of the new owner of the PDD. (3) -4- Section 2. The Alameda Municipal Code is hereby amended by repealing Section 9-117 (Confinement of Vicious Animals) thereof. Section 3. The Alameda Municipal Code is hereby amended by amending Subsection (i) of Section 1-512 thereof to read: Sec. 1-512. Violations Identified. (i) Title IX, Chapter 1, Articles 1, 2, 3, 4, 5, 6, 7, 8 and 9. Section 4. The Alameda Municipal Code is hereby amended by amending Subsection (a) of Section 1-521 thereof to read: Sec. 1-521. Authorized Persons. (a) Chief of Police - Subsections (b), (d), (g), (i), (p), (r), (v), (x) and (y) Section 5. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the Council Attest: I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 1st of December, 1987, by the following vote to wit: AYES: Councilmembers Haugner, Monsef, Thomas and President Corica - 4. NOES: None. ABSENT: Councilmember Camicia - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of December, 1987. / , I/ , , ( ,";" .,.,,,-" / , Ate:11,tit v -77:67 167(„/ City Clerk of the City of Alameda \„;