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Ordinance 2747CITY OF ALAMEDA ORDINANCE NO. New Series 2747 AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SUBSECTION 46-4 (OFFICE HOURS) OF SECTION 2-46 (SUPERVISING ANIMA CONTROL OFFICER) OF CHAPTER II (ADMINISTRATION), AND REPEALING CHAPTERVII (ANIMAL CONTROL) IN ITS ENTIRETY AND REPLACING WITH A REVISED CHAPTER VII (ANIMAL CONTROL) BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended by amending subsection 2-46.(Office Hours) of section 2- (Supervising Animal Control Officer) of Chapter II (Administration) thereof to read: 2 -46.Office Hours The Supervising Animal Control Officer or his/her duly authorized officer shall attend at the public animal shelter , and the animal shelter shall be open to transact public business at times to be determined and published by the Chief of Police. The Supervising Animal Control Officer and the animal shelter shall be subj ect to the direction and supervision of the City Manager and the Chief of Police. Section 2 The Alameda Municipal Code is hereby amended by repealing Chapter VII (Animal Control) in its entirety. Section 3 The Alameda Municipal Code is hereby amended by adding a revised Chapter VI (Animal Control) thereof to read: CHAPTER VII ANIMAL CONTROL ANIMAL SHELTER. 1.1 Establishment. A public animal shelter is authorized and established, which animal shelter shall be located at a place to be designated by resolution of the City Council. Record of Impounded Animals. The Supervising Animal Control Officer shall keep a true and faithful record of the number and description of all animals taken into his/her custody, with the date of their receipt and the date and manner of their disposal , with the fees and charges collected on account of the animals, and the disposition thereof. The record to be kept by the Supervising Animal Control Officer on approved forms, which shall be the record of the office of the Supervising Animal Control Officer. He/she shall also provide necessary subsistence for all animals while in his/her custody. 1.2 Right to Dispose. The Supervising Animal Control Officer shall have the authority to dispose of all animals without an identified owner if not reclaimed within three (3) days , excluding Sunday, Monday, and holidays , after impoundment Any animal whose owner or keeper is identified by a tag attached to the animal may be disposed of after 14 days of notice of availability of the animal to be returned the owner does not pay for the cost of the seizure and care of the animal and take posssession of the animal within that time. Underthese circumstances, the animal shall be deemed to have been abandoned. 1.3 Sale of Impounded Animals and Disposi tion of Proceeds. The Supervising Animal Control. Officer may sell for cash, all animals so authorized, as provided in the preceding subsection, and out of the proceeds of the sale thereof, pay his/her proper fees and charges, and all reasonable and proper demands made under the provisions of this Code. Any balance of the proceeds of a sale of any animal remaining after the payment of such fees, charges, and demands , shall be paid into the General Fund of the City. 1.4 Reclaiming Animal Before Sale. Any animal may be reclaimed by the owner or person entitled to its control before the sale thereof, pursuant to 7- by paying all fees and charges that have been incurred or accrued up to the time of reclamation. 1.5 Retaking Animals Improperly Released. It shall be unlawful for any person to remove any animal from the custody of any Animal Control Officer or from the animal shelter without first obtaining authorization for the release of such animal. The Supervising Animal Control Officer may retake any animal directly or indirectly conveyed or delivered out of the 1.6 animal shelter without lawful authority and again impound and retain the same , and proceed as heretofore provided in the same manner as if the animal had never been released from the animal shelter. 7 -FEES. 7 - Officer. Fees to be Charged by Supervising Animal Control The Supervising Animal Control fees hereinafter set forth in connection feeding, caring and removal of animals: a. Impounding.1. For every dog, the fee shall be set by City Council Resolution. Resolution.3. For every horse, mule, ass, bull, ox, cow or calf pony, the fee shall be set by City Council Resolution.4. For every other animal not otherwise provided for in this article , the fee shall be set by City Council Resolution.5. Second impounding of same animal within twelve (12) month period , the fee shall be set by City Council Resolution.6. Third impounding of same animal within twelve (12) month period , the fee shall be set by City Council Resolution.7. If person I s income is below the li very low income level established by the Federal Department of Housing and Urban Development for the Oakland area, there shall be no impounding fee imposed for first time redemption fees. I f the owner is unable to pay the supervisor may determine the disposition adoption or may be euthanized.b. Feeding/Caring.1. For each dog, the fee shall be set by City Council Resolution. Resolution.3. For each horse, mule, ass , bull , ox , cow or calf, pony, the fee shall be set by City Council Resolution.4. For every other animal not otherwise provided for in this article, the fee shall be set by City Council Resolution. c. Adoption.1. Dogs, the fee shall be set by City Council Resolution. Officer shall charge the wi th the impounding and For every cat, the fee shall be set by City Council fees the animal control of the animal and place for For each cat,the fee shall be set by City Council 2. Puppies , under four (4) months old , the fee shall be set by City Council Resolution. 3. Cats, over four (4) months old, the fee shall be set by City Council Resolution.4. Cats, under four (4) months old, the fee shall be set by City Council Resolution. d. Spay Neuter Deposit.1. cash deposit shall be required of any person adopting any unspayedjunneutered dog or cat from the animal shelter. Any animal over six months of age at the time of adoption shall be spayed or neutered within 60 days of adoption , or the cash deposit shall be deemed unclaimed. Any deposit not claimed under this subdivision, shall be used only for the following purposes:a. public education program to prevent overpopulation of dogs and cats.b. A program to spay or neuter dogs and cats.c. A follow-up program to assure that animals sold or given away by the pound or shelter are spayed or neutered.d. Any other additional costs incurred under this section.2. Public pounds, society for the prevention of cruelty to animals shelters, and humane shelters may enter into cooperative agreements with each other and with veterinarians in carrying out this section.3. This section shall not apply to any person redeeming his/her own animal.4. The fee shall be set by City Council Resolution. License Fee.1. For every unlicensed dog or cat impounded, the prevailing license fee shall be paid prior to releasing the animal to its owner. The license fee shall be established by resolution of the City Council.f. Pickup from Private Property.1. For each dog, cat or other small type of animal , the fee shall be set by City Council Resolution.2. Quarantine Fee (ten (10) days) shall be set by City Council Resolution. 3 . Miscellaneous small animals under twenty (20) pounds, the fee shall be set by City Council Resolution.4. Miscellaneous animals over one hundred (100) pounds the fee shall be set by City Council ResQlution. Pickup of Dead Animals from Veterinarian. Fee for pickup of dead animals from veterinarian will be set by City Council Resolution.h. Disposal of Dead Animals Brought to the Shel ter by Owners. 1. Licensed dog or cat Council Resolution.2. Unlicensed one hundred (100) pounds, Resolution. 3 . Miscellaneous small animals under twenty (20) pounds, the fee shall be set by City Council Resolution. Miscellaneous animals over one hundred (100) pounds the fee shall be set by City Council Resolution. Animal Shel ter Clinic Fees. 1 - The fees for vaccinations and other services provided at animal shelter clinics shall be established by resolution of the City Council. For any person sixty-two (62) years of age or older, the fee for a rabies vaccination at animal shelter clinics shall be fifty (50%) percent of the fee imposed. If such person s income is below the "very low income" level established by the Federal Department of Housing and Urban Development for the Oakland area , there shall be no fee imposed. the fee shall be set by City dog, miscellaneous large animals underthe fee shall be set by City Council Disposi tion of Fees. All fees and charges collected by the Supervising Animal Control Officer shall be paid by him/her into the City Treasury and placed into the General Fund thereof All revenue derived from cat and dog license ' fees shall be appropriated for animal shelter operations. 7 - 7 -Fees a Lien. All fees levied pursuant to this seized or impounded animal, and a thereof. section shall be a lien personal charge againstupon the the owner DOGS AN CATS License Fees. Every person who owns, harbors or has in his/her possession or control any dog or cat over four (4) months of age the City shall pay a license fee. The license fee shall be set by City Council Resolution. However, the license fee for spayed and neutered dogs or cats and for dogs and cats owned by citizens who are sixty-two (62) years of age and older shall be fifty (50%) percent of the license fee imposed. If such person's income is below the li very low income" level established by the Federal Department of Housing and Urban Development for the Oakland area, there shall be no license fee imposed. No person shall own, keep, harbor or possess any dog or cat within the corporate limits of the City for which the license fee imposed by this subsection has not been paid. An additional fee, set by City Council resolution, shall be charged if the above mentioned license is not obtained within forty-five (45) days after the date requiring the license. Display of License Tag. It shall be the responsibility of every person who owns, harbors or possesses any dog or cat over the age of four (4) months in the City, to ensure that the annual dog or cat license tag issued by the City is fastened to the collar or leash of a dog, or to the collar or other device worn by a cat at all times when in a publicplace. The license number and animal shelter telephone number of (510) 748-4585 may be legibly printed using permanent, indelible ink on a collar or other device worn by a dog or cat, in lieu of the license tag. Right to Duplicate Tag. Whenever a tag issued for the then current year has been stolen , or lost, the owner or possessor of the animal for which the same was issued may, on the payment of three ($3.00) dollars and on making and subscribing to an affidavit of such loss and filing the same , receive a duplicate tag for the remaining portion of the then current year. Rabies Vaccination Required. It shall be unlawful for any person owning, harboring, or having the care, custody or possession of any dog or cat over four (4) months of age to keep or maintain such dog or cat in any place in the City unless such dog or cat has been vaccinated as required this Code. All dogs or cats under four (4) months of age shall be confined to the premises of, or kept under physical restraint by, the owner, keeper or harborer. Any dog or cat having received its initial rabies vaccination shall be subject to the same restrictions as an unvaccinated dog or cat for a period of thirty (30) days from the date of such initial vaccination. 7 - No Licensing without Vaccination. The Supervising Animal Control Officer shall not license any dog or cat until it has been vaccinated with anti-rabies vaccine, by inj ection or other method approved by the County Health Officer, and the owner or person in possession of the dog or cat submits a Certification of Vaccination from a licensed veterinarian confirming the approved vaccination of the dog or cat valid for a period extending at least through the current licensing period. The effective duration of immunity elicited in dogs and cats shall be specified by the County Health Officer but shall not in any event exceed those periods recommended by the California State Department of Public Health and duly enforced by the California Conference of Local Health Officers. Vaccination; Certificate. The vaccination shall be performed under the direction of a duly qualified and licensed veterinarian. The person vaccinating the dog or cat shall issue to the owner or person in possession of the dog or cat a certificate of vaccination, which shall include a statement as to the type of anti-rabies vaccine used in vaccinating the dog or cat. Every person authorized by State law to administer an anti-rabies vaccination who offers that service in the City Alameda will use certificates furnished by the Alameda Animal Shelter. On a weekly basis, copies of the completed certificates, showing the name and address of the owner , and other pertinent data regarding each dog or cat vaccinated during the previous week , willbe picked up from the veterinarians , clinics or other authorized parties, by the Alameda Animal Shelter. Failure to comply shall result in a misdemeanor offense with issuance of a citation by an Animal Control Officer to' the offending veterinarian , clinic or other authorized party. Limiting Numer of Dogs. Except for veterinarian hospitals, kennels animalbreeders, pet shops or other commercial uses operating under a valid use permit it shall be unlawful for any person, firm corporation to maintain on any premises owned occupied or controlled by him/her or it in the City, more than three (3) dogs over the age of four (4) months. This subsection shall not apply to persons which currently maintain more than three (3) dogs; however this exemption is not intended to permit such persons to add or replace such dogs in excess of three (3). Leashing. It shall be unlawful for any person having an interest in owning, harboring or having in charge , care or control, custody or possession of any dog to cause or permit such dog to be in , on , or upon any public street, alley, or other public place, unless such dog is kept securely fastened by a rope, chain or leash of sufficient length and strength to maintain control of the animal and under the supervision of a responsible person, or confined within the private property of the owner or person having control of the dog. The leashing requirements, with the exception of those that apply to potentially dangerous animals in section 7-10.9 (b) (2), not apply to those areas officially designated by the City as "Dog Parks or Dog Runs. Control of Dogs; Control and Removal of Dog Feces.a. It shall be unlawful for any person owning or having or custody of any dog to permit the animal to stray onto property of another.b. It shall be unlawful for any person owning or having control or custody of any dog to permit the animal to defecate upon the public property of this City or upon the private property of another unless the person immediately removes the feces and properly disposes of it, provided, however, that nothing herein contained authorizes such person to enter upon the private property of another wi thout permission.c. Visually handicapped persons who use seeing eye guide dogs are exempt from this law. control private Barking and Howling Dogs.It shall be unlawful in the City to harbor , keep or maintain any dog or dogs which disturbs the peace and quiet of any neighborhood or person by persistent or prolonged barking, howling or making unusual noises. The provisions of this subsection shall not apply to premises operated as duly licensed pet shops , wherein dogs are temporarily kept and maintained for purposes of sale , but the operators of such pet shops shall exercise appropriate means of reducing the barking, howling and noise making of the dogs. Any violation of this section shall be deemed a violation of Section 4- 10.5 of the Alameda Municipal Code and subject to the penalties in Section 4-10.12 of the Alameda Municipal Code. 7 - Care of Female Dog. No person owning or having possession of any female dog shall suffer or permit the same to be upon any public street of the City during the period of oestruation of the dog, unless such dog is kept securely fastened by a rope, chain or leash not over six (6') feet in length and under the supervision of a responsible person, or confined in a vehicle. Seizure and Disposition of Unleashed Dogs; Redemption. Every dog found or being in any public street of the City and not being kept securely fastened by a rope, chain or leash and under the supervision of a responsible person, or conf ined in a vehicle, shall be taken by the Supervising Animal Control Officer to, and impounded in the animal shelter , where it may be redeemed by 7 - the owner or persons theretofore entitled to the possession of within three (3) days, excluding Sunday, Monday and holidays reafter , on payment of feed and care charges and upon securing a rabies vaccination and dog license as required under this Code. Right of Person to Seize Dog During Oestruation. In addition to the Supervising Animal Control Officer , any person may take up any female dog found or being in any public street of the City during the period of oestruation of the dog, and not being kept securely fastened by a rope, chain or leash not oversix (6') feet in length and under the supervision of a responsible person, or confined in any vehicle, and it shall be the duty of such person to immediately deliver such female dog to the Supervising Animal Control Officer , who shall give to such person a receipt for such female dog. 7 - South Shore Beach a. Dogs on Sou th Shore Beach Unlawful. It shall be unlawful for any person owning or having possession of any dog to suffer or permit the same to be upon any portion of those lands owned by the City of Alameda, commonly referred to as the South Shore Beach, and more particularly described as follows: All of that area bounded on the north by the southern edge of the bicycle and walking path adj acent to Shoreline Drive, and on the west by Westline Drive extended, on the east by Versailles Avenue extended, and on the south by San Francisco Bay.b. Impounding Dogs Found on South Shore Beach. Every dog being found upon the South Shore Beach , as same is described in paragraph a., may be taken into custody by the Supervising Animal Control Officer or any Police Officer and may be transported to and impounded in the nimal shelter under the same terms and' conditions as are set out in subsection 7 - 3.12 of this Code, pertaining to seizure and disposition of unleashed dogs. 7 - Enforcement Officer. The Supervising Animal Control Officer, his/her officers and employees, are hereby declared to have the duty to enforce the provisions of this chapter and they shall have the power to arrest any person violating any such provision, in accordance with the procedures set forth in the Penal Code of California. 7 - Interference with Officer. Any person who in any way resists, delays control officer in the discharge of any is guilty of a misdemeanor. or obstructs any duty of his/heranimal office Penal ties. Any person who violates any of the provisions of this Code referred to in the preceding subsection 7-15 shall be deemedguilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1-5 of this Code. Citation for Violations of Animal Control Regulations. Whenever any person is arrested for a violation of one (1) or more of the sections of this chapter and such person is not immediately taken before a Magistrate as the procedure therefor is prescribed in the Penal Code of California, the Supervising Animal Control Officer or other arresting officer shall prepare and serve upon the arrestee a written notice to appear in Court in the form and manner prov ded in Section 853.6 and following of the Penal Code. CHICKENS ETC. Keeping Chickens and Other Domestic Fowl. It shall be unlawful for any person, firm or corporation to keep on any premises owned, occupied or controlled by him/her or it in the City, any more than six (6) chickens, ducks , geese, turkeys or other domestic fowl. Any such fowl shall be kept in an enclosure , no part of which is within twenty (20') feet of any dwelling house occupied by human beings, excepting any and all dwelling houses owned or occupied by such person , firm or corpo- ration; provided, that any of the fowl may be kept temporarily for purpose of sale at any shop or place of business where the same are bought, sold and dealt in. This subsection shall not apply to persons who at the time of the adoption of this section maintain more than six (6) domestic fowl, provided that such persons shall not keep more than twenty (20) domestic fowl and provided that such persons register the number of birds which they possess with the animal shelter before April 1, 1983. The animal shelter shall verify the number. 7 - Animal Quarters and Yards to be Kept Sani tary. It shall be unlawful for any person in the City to keep any animal in any animal quarters, kennel, animal hospital, or yard which is not at all times kept reasonably clean and sanitary to the satisfaction of the Health Officer. All above premises shall be regularly cleaned in order to prevent the accumulation of manure, animal excrete, excess animal food or other organic matter that may be a source of odors, or serve as an attractant or breeding place for insects, rodents or other vermin. 7 - Conditions Constituting a Public Nuisance.It shall be unlawful and shall constitute a public nuisance for any person to keep within the City any animal that unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept or interferes with any person in the reasonable and comfortable enjoyment of life or property, or creates significant risk of injury to person or property 7 -5 COWS. Leasing of Less Area Prohibited. No person shall permit any ground in the City owned leased occupied or controlled by him/her to be used for the keeping, stabling, feeding, herding, picketing or milking of any cow or cows in violation of the provisions of the following section. Limi ting Proximi ty to Residence. No person shall , in the City, keep any cow or steer or bull in any cow shed or similar accessory building or cow yard, within any distance of less than forty (40 I) feet from any. dwelling house. 7 -HORSES. Keeping Horses Wi thin Certain Distance of Residence. No person in the City shall keep any horse, mule or donkey In any stable , barn stall, shed or similar accessory building or stable yard wi thin any distance less than forty (40') feet from any dwelling, schoolhouse or church. 7 -SWINE . Keeping Swine. No person in the City shall keep or permit to be kept on premises owned, occupied or controlled by him/her any swine, unless the enclosure in which the same are kept is at least three hundred (300') feet distant from premises owned or occupied by any other person; and no person shall keep at any place in the City more thanfive (5) head of swine, unless the enclosure where the swine are kept is equal to one (1) acre to each head of swine. DEAD ANIMALS. Disposi tion. No person shall deposit or place any dead in the ground, upon the tidelands, in the waters of Francisco, or any of its estuaries within the City. animal upon or the Bay of San Removal of Dead Animals Found on Public Streets. It shall be the duty of the Supervising Animal Control Officer to remove from the pubic streets and sand beaches of the City any animal found dead thereon. GENERAL PROVISIONS. Cruelty to Animals. No person, in the City, deprive of food or water , or shall cruelly beat, torture, otherwise maltreat any animal.misuse Grazing on Street or Unfenced Lot. No person owning or having the control of, or being the keeper of, any horse, mule, cow, goat , sheep, hog, ass or domestic fowl , shall permit the same to run at large upon or graze or feed upon any public street or , unless tethered, upon any unfenced lot in the City. Seizure of Trespassing Animals or Fowls. Any animaJ. or fowl found trespassing upon any private property in the City may be taken up by any person and committee to the custody of the Supervising Animal Control Officer. Use of Animals for Propagation.a. It shall be unlawful for the owner , keeper or person having possession or control of any stallion, jack or bull, to allow any such stallion, jack or bull to serve any animal within one hundred (100') feet of any dwelling house occupied by another than such person , or in any public street or alley ,or within sight of the same, or contiguous thereto so that such service be exposed to the view of any person passing in the street or alley located at the window of any house adj acent thereto.b. It shall not be lawful for any person to display, sell, offer for sale, barter or give away any live chicks, rabbits, ducklings or other fowl as pets or novelties , whether or not dyed colored, or otherwise artificially treated; provided, however, this paragraph shall not prohibit the display or sale of natural chicks rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. Abandonment of Animal. It shall be unlawful for any owner, keeper, having possession or control, of any dog or cat willfully such animal wi thin the Ci ty . or person to abandon prohibi tion of Exotic Pets. It shall be unlawful for any person to maintain on any premises owned, occupied or controlled by him/her or it in the City, any wild or exotic animal, reptile, fish or insect. Animals coming within the scope of this subsection shall include any "endangered species, " " threatened species," or "candidate species " as defined in Chapter 1.5 of Division 3 of the California Fish and Game Code or the federal Endangered Species Act of 1973 (U.C. section 1531 et. seq. ) , any species listed in California Fish and Game Code section 2118 and collateral regulations (14 Cal Code of Regs. section 671 et. seq. ), fully protected fish listed in California Fish and Game Code section 5515, fully protected reptile or amphibian listed in California Fish and Game Code section 5050, fully protected bird listed in California Fish and Game Code section 3511, and any venomous animal whether or not that animal has been renderedharmless. This subsection shall not apply to persons which currently maintain such animals '. provided that such owner possesses a valid permit from the California Department of Fish and Game, and that such animal (s) do not constitute a public nuisance. This exemption is not intended to permit such persons, firms or corporations to add, replace or proliferate such individual animals as are currently maintained by them. Retaining Animal Without Owers' Consent. Any person having found or otherwise taken up any stray domestic animal not belonging to that person, shall, within twenty-four (24) hours notify the animal shelter of such animals true description and location, and shall surrender such animal to any Animal Control Officer or Police Officer upon demand. Destruction of Impounded Animals. Any impounded animal which is deemed by the Supervising Animal Control Officer to be unfit by reason of age, disease, injury or other traumatic disability, may be humanely destroyed. This sub- section shall not apply to dogs or any animal bearing owner identification. However, no uninjured or otherwise healthy animal may be destroyed wi thin 72 hours of impoundment. DANGEROUS OR POTENTIALLY DANGEROUS ANIMALS. Definitions. As used in this section: Dangerous Animal shall mean:a. Any animal, seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a1 of Section 597.5 of the Penal Code; orb. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being c. Any animal which is determined to be, and is listed as a potentially dangerous animal and continues to exhibit the behaviors described in the definition of "potentially dangerous animal" and is maintained in violation of Section 7-10. 7 -10. 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 capable of preventing the animal from escaping from the enclosure and also of preventing children from trespassing. In addition, the animal shall be housed pursuant to Section 597t of the California Penal Code. Impounded shall mean taken into the custody of the City animal shelter. Person shall mean a including but not limited to, trust. natural person or any legal entity, a corporation, firm , partnership or Potentially Dangerous Animal shall mean any animal that, (1) when unprovoked on two or more separate occasions within the prior 36 month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal; or (2) when unprovoked bites a person causing less than a severe injurYi or (3) when unprovoked, on two separate occassions within the past 36 month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the animal. Provocation shall mean 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 , abused or assaulted the animal or committing or attempting to commit a crime. Severe Injury shall mean any physical injury that results in death; broken bones; muscle, ligament or tendon tears; a heart attack; sutures requires disfiguring lacerations; an injury requiring multiple or corrective or cosmetic surgery; or any other injury that hospitalization 7 -10.Unlawful to Maintain Dangerous Animals.It shall be unlawful for any person animal within the City. maintain dangerous 7 -10.Impoundmen t . If any dog while running or being at large in any public street, lane , alley, public ground or place in the City shall bite any human being, it shall be the duty of any Police Officer , the Supervising Animal Control Officer or any of his/her officers, to impound such dog for observation, as provided in Section 7-11.1 of this Code. Furthermore, whenever an Animal Control Officer or peaceofficer 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 toobserve, examine and determine whether or not such animal is diseased, potentially dangerous or dangerous. Notice. Upon impoundment of any animal, or upon a preliminary determination thai probable cause exists to designate an animal potentially dangerous or dangerous the Animal Control Officer or peace officer shall give notice thereof in writing, that a hearing will be held before the Police Department Animal Shelter Commander and that the owner of the impounded animal may present evidence as to why the animal should not be declared diseased or dangerous. the owner is not present, the notice shall be served on the ownereither 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. 10.nearing. The hearing shall be held within ten (10) business days of impoundment before . the Police Department Animal Shelter Commander.At the hearing, which shall be open to the public, allrelevant evidence may be presented including incident or police reports and affidavits of witnesses. The Police Department Animal Shelter Commander shall make a determination based on the preponderance of the evidence and shall file written findings within ten (10) business days of the hearing with the owner or keeper of the animal. The determination and findings 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. 7 -10.Appeal. If the owner or keeper of the animal contests the decision, he or she may appeal the decision in writing accompanied by a fee for filing an appeal of twenty dollars ($20.00), payable to the Alameda Municipal Court. The appeal shall be filed with the Alameda Animal Shelter within five days of the receipt of the noticeof decision. Animal Shelter personnel will notify the Alameda Municipal Court and forward the appropriate information for the appeal hearing. The court shall conduct provisions of the California Food 31622 (b), 31623 and 31624. hearing according to the and Agriculture Code Sections Disposi tion.a. An animal ' determined to be dangerous and significant threat to the public if released under the procedures set forth in Sections 7-10.4, 7-10.5, and 7-10.6 may be destroyed by the animal shelter.b. If it is determined that a dog found to be viciousshall not be destroyed the judicial authority shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.c. Any enclosure subdivision (b) shall meet the 7 -10. that is required pursuant requirements of Section 7-10- 10.Costs. Owner shall be responsible for all of the City's costs of housing an animal dete.rmined to be diseased, potentially dangerousor dangerous for the period of impoundment and the cost euthanizing the animal. 7 -10. Animal. Requirements for Maintaining a Potentially Dangerous a. No potentially dangerous Animal ("PDA"shall be licensed by the City for any licensing period commencing after August, 1987, unless the owner or keeper of such PDA shall meet the following requirements; 1. All animals deemed potentially dangerous must wear a City of Alameda Dog license at all times whether in public orat home. The license number and animal shelter phone number of (510) 748 -4585 may be legibly printed using permanent indelible ink on a collar or other device, in lieu of the license tag.2. The owner or keeper shall display a sign on his or her premises warning that there is a potentially dangerous animal on the premises. The sign shall be visible and capable of being read from the public roadway.3. The owner or keeper shall sign a statementattesting:(a) The owner or keeper shall , on or to the effective date of such license for which application is made, have a fenced enclosure for the PDA on the property the PDA will be kept or maintained.(b) The owner or keeper shall notify the licensing authority within twenty-four (24) hours if a PDA 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 PDA has been sold or given away the owner or keeper shall , within two days,provide the City's Supervising Animal Control Officer, in writing, with the name, address and telephone number of the new owner of the PDA. prior being where as follows: A potentially dangerous animal shall be restrained 1. When unsupervised by a secure enclosure;2. In public places by a sufficiently heavy metal, letter or canvas leash not longer than 6 feet in length controlled by an adult familiar with the animal and by a muzzling device sufficient to prevent the potentially dangerous animal from biting human beings or other animals;3. The owner shall display a sign on his or her premises warning that there is a potentially dangerous animal on the premises. Said sign shall be visible and capable of being read from the public roadway. 10.Attack by Potentially Dangerous Animal. It shall be a misdemeanor for an owner of a potentially dangerous animal to leave the animal unrestrained so that the animal is able to attack, chase or menace someone and in fact does so. Owner Failure to Appear. The Supervising Animal Control Officer or Officer may make a determination and findings even fails to appear at the hearing and/or appear. 10. Police if the Staff owner Removal from List of Potentially Dangerous Animals.If there are no additional instances of the behavior described in section 7-10.1 within a 36-month period from the date of designation as a potentially dangerous animal , the animal shall be removed from the list of potentially dangerous animals. The animal may, but is not required to be, removed from the list of potentially dangerous animals prior to the expiration of the 36- month period if the owner or keeper of the animal demonstrates tothe animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the animal, have mitigated the risk to the public safety. 10. Owership of Dangerous Animals Prohibited. The owner of a animal determined to be a dangerous animal may be prohibited from owning, possessing, controlling, or having custody of any animals for a period of up to three years, when it is found , after proceedings conducted under Sections 7-10., 7-10.5 and 7 -10.6, that ownership or possession of an animal by that person would create a significant threat to the public health, safety and welfare. 10. 7 -11 DISEASED ANIMALS RAIES. Quarantine of Biting Animals. Whenever it is shown that any dog or other animal has bitten any person or animals or exhibits evidence of rabies, no owner or person having custody or possession thereof I upon order of the Alameda County Health Officer, shall fail, refuse or neglect to quarantine such animal and keep it tied up or confined for a periodof ten (10) days in the case of cats and dogs, or fourteen (14) days in the case of other animals, or shall fail, refuse or neglect to allow the Alameda County Health Officer or his/her deputies to make an inspection or examination thereof at any time during such period. No such dog or animal shall be removed or released during the quarantine period without written permission of the Health Officer or his/her deputies. Unless otherwise specified by the Health Officer,shall be confined in the City animal shelter or hospital at the owner's expense. 7 -11. such animals veterinary 11.Presentation of Documents Required Upon Demand.It shall be the responsibility of any person owning, harboring or maintaining any animal which has bitten or otherwise attacked any person or animal or which has been exposed to a rabid or suspected rabid animal to furnish proof of rabies vaccination and applicable license documents to any Animal Control Officer or Police Officer upon demand. 7 -11. 3 Animals Dying While Under Isolation. Depending on the background circumstances, the head of an dying while under isolation shall, upon order of the County Officer, be submitted to the laboratory of the Alameda County Care Services Agency for an examination for rabies. animal Heal th Heal th 7 -11.Duty of Custodian of Dog Showing SYmptoms of Rabies. Whenever the owner or person having the custody or possession of any animal shall observe or learn of rabies, or has acted in a manner which would lead a reasonable man to a suspicion that it might have rabies , such owner or person having custody or possession of such animal shall immediately notify the Health Officer or his/her representative, and shall allow the Health Officer or his/her representative to make an inspection or exam- ination of such animal and to quarantine such animal until it shall be established to the satisfaction of the Official that such animal has or has not rabies. 7 -11. 5 Knowledge of Bite; Duty to Report. Whenever any person having charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person , the person having charge, care, control, custody,or possession of such animal shall report such fact to the Supervising Animal Control Officer. The report shall state the name and address of the person bitten, and the time and place where such person was bitten, and any other information so requested by the Supervising Animal Control Officer. A copy of the report shall be forwarded to the Alameda County Health Officer within forty-eight (48) hours. 7 -11.Duty of Custodian of an Animal Bitten by a Known Rabid or Suspec ted Rabid Animal. Whenever any person having charge, care, control , custody, or possession of any animal of a species subj ect to rabies has knowledge that such animal has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal, the person having charge, care, control, custody or possession of such animal shall report such fact to the Supervising Animal Control Officer. The report shall give a description of the animal bitten as well as the biting animal and the time and place the animal was bitten, as well as other informa- tion requested by the Supervising Animal Contru l Officer. A copy the report shall be forwarded to the Alameda County Health Officer within forty-eight (48) hours. Upon learning that his/her animal has been bitten by a known rabid animal or suspected rabid animal no owner or person having custody or possession of the bitten animal upon order of the Alameda County Health Officer shall fail , refuse or neglect to quarantine the animal in a place and manner approved by the Health Officer or his/her deputies for a period of six (6) months or destroy the animal with the following exception in the case of dogs and cats. If the dog or cat has been vaccinated against rabies within two (2) years but not less than thirty (30) days, the dog or cat may' be revaccinated in a manner prescribed by the County Health Officer and quarantined in a place and manner approved by the County Health Officer for a period of thirty (30)days. The County Health Officer or his/her deputies shall allowed to make an inspection or examination thereof at any time during the quarantine period. No such animal shall be removed or released during the quarantine period without written permission of the Health Officer or his/her deputies. Unless otherwise specified by the ?ealth Officer, such animal shall be confined in the Animal Shelter o a veterinary hospital at the owner s expense. 7 -11. 7 Exists. Transportation of Dogs from District in Which Rabies No person shall bring a dog into the City from any part of any country in which rabies has been known to exist within six (6) months previously, except upon the written permission of the City Health Officer, and such permission is to be granted only if the Health Officer is convinced that the dog, whenever in this City during a subsequent period of six (6) months, will be confined or muzzled. Section 4 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 Attest: rf:eJ! 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 4th day of November , 1997 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt Lucas and President Appezzato Kerr NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 5th day of November , 1997. Dian ' Felsch , City City of Alameda