Ordinance 2686CITY OF ALAMEDA ORDINANCE NO.
New Series
2686
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION
7-10 (DANGEROUS ANIMALS) OF CHAPTER VII (ANIMAL CONTROL)
PERTAINING TO DANGEROUS ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
section The Alameda Municipal Code is hereby amended byrepealing section 7-10 (DANGEROUS ANIMALS) in its entirety.
section The Alameda Municipal Code is hereby amended by
adding section 7-10 DANGEROUS ANIMALS as follows:
7-10.Defini tions
As used in this section:
Dangerous Animal shall mean:a. 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 or
domestic animal without provocation while off the owner or keeper I
property; or
b. Any animal owned or harbored primarily or in part
for the purpose of fighting or any animal trained for fighting; orc. Any animal which
violations of subsection 7-10.10.
subj ectthe two (2 )was
Enclosure shall mean a fence or structure of at least six
(6) feet in height , forming or causing an enclosure sui table
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. In addition , the animal shall be hou ed pursuant to
section 597t of the California Penal Code.
Impounded shall mean taken into the custody of the city Ianimal shelter.
Person shall mean a natural person or any legal entity,
including but not limited to , a corporation , firm , partnership ortrust.
Potentially Dangerous Animal shall mean any animal that
when unprovoked , bites a human being or a domestic animal , either
on public or private property, or chases or approaches a person
upon the streets I sidewalks , or any public grounds in a menacing
fashion or apparent attitude of attack , or any animal with a known
propensi ty, tendency, or disposition to attack unprovoked, to cause
injury, or otherwise to threaten the safety of human beings or
domestic animals.
Provocation shall mean a willful trespass upon the
premises occupied by the owner or keeper of the animal , or teasing,
tormenting, abusing I or assaulting the animal or having in the
past , been observed or reported to have teased, abused or assaulted
the animal or committing or attempting to commit a crime.
Severe Injury shall mean any physical injury that results
in death i broken bones i muscle , ligament or tendon tears; a heartattack; disf iguring lacerations i an injury requiring multiple
sutures or corrective or cosmetic surgery i or any other injury thatrequires hospitalization.
70-10.Unlawful to Maintain Dangerous Animals
It shall be unlawful for any person to maintain a dangerous
animal wi thin the city.
7-10.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 , potentially
dangerous or dangerous.
7-10.Notice
Upon impoundment of any animal, the Animal Control Officer or
peace officer shall give notice thereof in writing, that a hearing
will be held before the Supervising Animal Control Officer , and
that the owner of the impounded animal may present evidence as to
why the animal should not be declared diseased potentially
dangerous or dangerous. If the owner is not present , the notice
shall be served on the owner either personally or by first class
mail with return receipt requested , at the last known address of
the person registered as the owner on the animal's license records.
7-10.Hearing
The hearing shall be held within ten (10) days of impoundment
before the Supervising Animal Control Officer.
At the hearing, which shall be open to the public , all
relevant evidence may be presented including incident or policereports and aff idavi ts of witnesses.
The Supervising Animal Control Officer shall make a
determination based on the preponderance of the evidence and shall
file written findings within ten (10) days of the hearing with the
Police Department. The determination and findings shall be served
on the owner either personally or by first class mail with returnreceipt requested at the last known address of the person
registered as the owner on the animal's license.
7-10.Appeal
The decision of the Supervising Animal Control Officer may be
appealed to the Police Staff Officer assigned to supervise the
animal shelter program , whose decision shall be final. The appeal
which shall be accompanied by an appeal fee as set forth in city
Council resolution , shall be filed in writing within ten (10) days
of the mailing or personally serving of the findings of theSupervising Animal Control Off icer. The appeal shall be heard
within five (5) days of the notice of appeal. The appeal shall be
a hearing de novo and conducted as set forth in subsection 7-10.
A decision shall be made within five (5) days of the appeal
hear ing .
7-10.Disposition 0i Animal
After such hearing and/or appeal , animals declared to
dangerous shall be euthanized 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 chapter.
7-10.Costs
Owner shall be responsible for all of the City' s costs of
housing an animal determined to be diseased, potentially dangerousor dangerous for the period of impoundment and the cost of
euthanizing the animal.
7-10.Restraints Required
A potentially dangerous animal shall be restrained as follows:
When unsupervised by an enclosure.
b. In public places by a sufficiently heavy metal leash
controlled by a person familiar with the animal and by a muzzling
device sufficient to prevent the potentially dangerous animal from
biting human beings or other animals.
c. The owner shall display a sign on his or her premises
warning that there is a potentially dangerous animal on thepremises. said sign shall be visible and capable of being read
from the public roadway.
7-10.Attack by Potentially Dangerous Animal
It shall be
dangerous anima
animal is able to
so.
misdemeanor for an owner of potentiallyto leave the animal unrestrained so that theattack, chase or menace someone and in fact does
The owner or keeper shall notify the licensing authority
within twenty four (24) hours if a dangerous animal is on the
loose, is unconf ined , has attacked another animal or has attacked
a human , or had died or has been sold or given away. If the
dangerous animal has been sold or given away, the owner or keeper
shall also provide the Supervising Animal Control Officer with the
name address and telephone number of the new owner of the
dangerous animal.
7-10.Owner Failure to Appear
The Supervising Animal Control Officer or Police Staff Officer
may make a determination and findings even if the owner fails to
appear at the hearing and/or appeal.
section This ordinance shall be in
from and after the expiration of thirty (30)
its final passage.
full force and effect
days from the date of
L '
PreSl lng 0 lcer 0 e CounCl
Attest:
)dtU Cl ty Clerk
Revised 02/08/95
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 21st day ofFebruary, 1995 by the following vote to wit:
AYES:Councilmembers Arnerich., DeWitt , Lucas,
Mannix and President Appezzato -
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this 22nd day of Februarv , 1995.
Dian !;I;:
Ci ty of Alameda