Ordinance 1995CITY OF ALAMEDA ORDINANCE NO. 1995
New Series
ADDING, AMENDING AND REPEALING CERTAIN SECTIONS
OF THE ALAMEDA MUNICIPAL CODE RELATING TO ANIMAL
CONTROL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . Article 8 of Chapter 4, Title II, of the Alameda
lunicipal Code is hereby amended to read:
Article 8. Supervisinq Animal Control Officer
Sec. 2 -481 Office Created -- Duties The office of
Supervising Animal Control Officer is hereby created, and
it shall be his duty to seize and impound all animals,
excepting cats, which are estrayed or which are upon any
public way, park or place (except when being led, ridden or
driven thereon in a proper manner). He shall also seize
and impound all animals constituting public nuisances.
Sec. 2 -482 Duty to Notify Owner of Impounding The
Supervising Animal Control Officer shall immediately, upon
the impoundment of any animal, make every reasonable effort
to notify the owner of such animal impounded, and inform
such owner of the conditions whereby they may regain custody
of such animal. Such notice shall be either personal, or
by telephone communication, or by deposit in the mails
properly addressed and postage prepaid.
Sec. 2 -483 Badge of Office to be Worn The Super-
vising Animal Control Officer and Officers shall each wear,
while engaged in the discharge of their duties, a plain
badge designating their office.
Sec. 2 -484 Office Hours The Supervising Animal
Control Officer or his duly authorized Officer shall attend
at the public Animal Shelter Monday through Friday from
8:00 a.m. to 5:00 p.m. and on Saturday from 8:00 a.m. to
2:00 p.m., during which time the Animal Shelter shall be
open to the transaction of all business pertaining thereto,
with the exception of those times it is required to patrol
and transact required business away from the Animal Shelter.
The Supervising Animal Control Officer and the public
Animal Shelter shall be subject to the direction and super-
vision of the City Manager and the City Engineer.
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Sec. 2 -485 Monthly Reports The Supervising
Animal Control Officer shall make a true and correct report
each month, of the number of dogs and other animals im-
pounded by him during the preceding month and of the
disposition made of them and of the amount of money re-
ceived.
Section 2 . Sections 2 -522 and 2 -523 of Article 2, Chap-
ter 5, Title II, of the Alameda Municipal Code are hereby amended
to read:
Sec. 2 -522 Fees to be Charged by Supervising Animal
Control Officer The Supervising Animal Control Officer
shall charge the fees hereinafter set forth in connection
with the impounding and feeding, caring and removal of
animals:
(a) Impounding
(1) For every dog, the sum of.......... $10.00
(2) For every cat, the sum of ......... 5.00
(3) For every horse, mule, ass,
bull, ox, cow or calf, pony,
the sum of ......................... 25.00
(4) For every other animal not other-
wise provided for in this article,
the actual cost of this service.
(5) Second impounding of same animal
within twelve (12) month period,
said fees shall be doubled.
(6) Third impounding of same animal
within twelve (12) month period,
said fees shall be tripled.
(b) Feeding /Caring
(1) For each dog, per day .............. 2.50
(2) For each cat, per day .............. 1.00
(3) For each horse, mule, ass, bull,
ox, cow or calf, pony, per day..... 5.00
(4) For each other animal not otherwise
provided for in this article, the
actual cost for this service.
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(c) Adoption
(1) Dogs, the sum of ................... $10.00
(2) Puppies, under four months old,
the sum of ......................... 5.00
(3) cats, the sum of ................... 10.00
(4) Cats, under six months old,
the sum of ......................... 5.00
(d) Spay /Neuter Deposit
(1) A cash deposit of $25.00 shall be required
of any person adopting any unspayed /unneutered
dog or cat from the Animal Shelter. Such
deposit shall be forwarded to the veterinarian
or clinic of the owner's choice upon receipt
by the Animal Shelter of a notice from such
veterinarian or clinic that such animal has
been surgically sterilized or otherwise
rendered unable to reproduce. This section
shall not apply to any person redeeming his
own animal.
(e) License Fee
(1) For every unlicensed dog impounded, the pre-
vailing license fee shall be paid prior to
releasing said animal to its owner.
(f) Pickup from Private Property
(1) For each dog, cat or other small
type of animal, the sum of .......... 5.00
(2) Quarantine Fee (ten (10) days) ....... 30.00
(3) For each other animal not otherwise
provided for in this article, the
actual cost for this service.
(g) Pickup of Dead Animals from veterinarian
(1) No limit Monthly Contract............ 35.00
Sec. 2 -523 Disposition of Fees All fees and charges
collected by the Supervising Animal Control officer shall be
paid by him into the Treasury of the City of Alameda and
placed in the General Fund thereof.
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Section 3 . Article 3 of Chapter 1, Title IV, of the
Alameda Municipal Code is hereby amended to read:
Article 3 Animal Shelter
Sec. 4 -131 Establishment A public Animal Shelter
is hereby authorized and established, which Animal Shelter
shall be located at a place to be designated from time to
time by resolution of the city Council.
Sec. 4 -132 Record of Impounded Animals The Super-
vising Animal Control Officer shall keep a true and
faithful record of the number and description of all
animals taken into his custody, with the date of their
receipt and the date and manner of their disposal, with the
fees and charges collected on account of said animals, and
the disposition thereof. Said 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 shall also provide necessary subsis-
tence for all animals while in his custody.
Sec. 4 -133 Right to Sell The Supervising Animal
Control Officer shall have the authority to sell all animals
if not reclaimed within three working days after impoundment
thereof.
Sec. 4 -134 Sale of Impounded Animals and Disposition
of Proceeds The Supervising Animal Control Officer may
sell for cash, all animals so authorized, as provided in the
preceding section, and out of the proceeds of the sale
thereof, pay his 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.
Sec. 4 -135 Reclaiming Animal Before Sale Any
animal may be reclaimed by the owner or person entitled to
its control before the sale thereof, by paying all fees and
charges that have been incurred or accrued up to the time of
reclamation.
Sec. 4 -136 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 Animal Shelter without lawful
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authority and again impound and retain the same, and proceed
as heretofore provided in the same manner as if said animal
had never been released from the Animal Shelter.
Section 4 . Sections 4 -223, 4 -224 and 4 -225 of Article 2,
Chapter 2, Title IV, of the Alameda Municipal Code are hereby
amended to read:
Sec. 4 -223 Dogs on Public Grounds It shall be
unlawful for any person owning, having an interest in,
harboring, or having charge, care, control, custody or
possession of any dog, male or female, to cause or permit
such dog to be in or upon the Alameda Municipal Golf Course,
or any park, public school playground or recreation center
of the City of Alameda, unless such dog is kept securely
fastened by a rope, chain or leash not over six feet (6')
in length and under the supervision of a responsible person,
or be confined in a vehicle.
Sec. 4 -224 Seizure and Disposition of Dogs on Public
Grounds Every unleashed dog found or being in or upon
the Alameda Municipal Golf Course, or any park, public school
playground or recreation center of the City of Alameda shall
be taken into custody by the Supervising Animal Control
Officer or any Police Officer and shall be transported to
and impounded in the Animal Shelter, where, in addition to
any other fines, fees, charges, demands or penalties provided
in this Code, it may be redeemed by the owner or persons
entitled to possession thereof.
Sec. 4 -225 Right of any Person to Seize Dog on Public
Grounds In addition to the Supervising Animal Control
Officer or any Police Officer, any person may take into his
custody any unleashed dog, found or being in or upon the
Alameda Municipal Golf Course, of any park, public school play-
ground or recreation center of the City of Alameda, and it
shall be the duty of such person to immediately deliver such
dog to the Supervising Animal Control Officer who shall give
to such person a receipt for such dog.
S ection 5 . Sections 9 -142, 9 -144, 9 -146, 9 -147, 9 -149,
9 -1410, 9 -1412, 9 -1414, 9 -1415 and 9 -1417 of Article 4, Chapter 1,
Title IX of the Alameda Municipal Code are hereby amended to read:
Sec. 9 -142 Ferocious Dogs If any dog while running
or being at large in any public street, lane, alley, public
ground or place in said City shall bite any human being, it
shall be the duty of any Police Officer, the Supervising
Animal Control Officer or any of his Officers, to impound
such dog for observation, as provided in Chapter 5, Title XV
of this Code.
Sec. 9 -144 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 said dog,
unless such dog is kept securely fastened by a rope, chain
or leash not over six feet (6') in length and under the
supervision of a responsible person, or, confined in a
vehicle.
sec. 9 -146 Seizure and Disposition of Unleashed
Dogs -- Redemption Every dog found or being in any public
street of said City and not being kept securely fastened by
a rope, chain or leash not over six feet (6') in length and
under the supervision of a responsible person, or confined
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 the owner or persons theretofore
entitled to the possession of it within three (3) days,
excluding Sunday and holidays, thereafter, on payment of
feed and care charges and upon securing a rabies vaccination
and dog license as required under this Code.
Sec. 9 -147 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 said City during the period
of oestruation of said dog, and not being kept securely
fastened by a rope, chain or leash not over six feet (6')
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.
Sec. 9 -149 Vaccination Required It shall be unlaw-
ful for any person owning, harboring, or having the care,
custody or possession of any dog over four (4) months of
age to keep or maintain such dog in any place in the City
of Alameda unless such dog has been vaccinated as required
by this Code. All dogs 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 having received its initial rabies vaccination shall
be subject to the same restrictions as an unvaccinated dog
for a period of thirty (30) days from the date of such
initial vaccination.
Sec. 9 -1410 No Licensing Without Vaccination The
license collector shall not license any dog until it has
been vaccinated with antirabies vaccine, by injection or
COM
other method approved by the Health Officer, and the owner
or person in possession of said dog submits a Certification
of Vaccination from a licensed veterinarian confirming the
approved vaccination of said dog valid for a period extend-
ing at least through the current licensing period. The
effective duration of immunity elicited in dogs shall be
specified by the Health Officer but shall not in any event
exceed those periods recommended by the California State
Department of Public Health and duly endorsed by the Cali-
fornia Conference of Local Health Officers.
Sec. 9 -1412 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
not over six feet (6') in length and under the supervision
of a responsible person, or confined within the private
property of the owner or person having control of said dog.
Sec. 9 -1414 Impounding Dogs Found on South Shore
Beach Every dog being found upon the South Shore Beach,
as same is described in Section 9 -1413, may be taken into
custody by the Supervising Animal Control Officer or any
Police Officer and may be transported to and impounded in
the Animal Shelter under the same terms and conditions as
are set out in Section 9 -146 of this Code, pertaining to
seizure and disposition of unleashed dogs.
Sec. 9 -1415 Enforcement Officer The Supervising
Animal Control Officer, his officers and employees, are
hereby declared to have the duty to enforce the provisions
of Chapter 1 of this Title IX, of Chapter 5 of Title XV
of this Code, and of Section 4 -223 of this Code, 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.
Sec. 9 -1417 Citation for Violations of Animal Control
Regulations Whenever any person is arrested for a viola-
tion of one or more of the following sections of this Code,
to wit: Section 4 -223; Sections 9 -111 to 9 -133 inclusive;
Sections 9 -141, 9 -144, 9 -145, 9- 145.1, 9- 145.2, 9 -149,
9- 1411.1, 9 -1412, 9 -1413 and 9- 1415.1; 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 provided
in Sections 853.6 and following of said Penal Code.
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Section 6 . Sections 9 -117, 9 -118, 9 -119 and 9 -1110 are
hereby added to Article 1, Chapter 1, Title IX, of the Alameda
Municipal Code, to read:
Sec. 9 -117 Confinement of Vicious Animals It
shall be unlawful for any person having care, custody or
control of any dog or other animal which has a demon-
strated propensity to bite or otherwise attack other animals
or humans, to fail to maintain such animal in a manner
which would remove any dangers presented to other animals
or persons from attacks by such animal.
Sec. 9 -118 Prohibition of Exotic Pets It shall .
be unlawful for any person, firm or corporation to maintain
on any premises owned, occupied or controlled by him or it
in the City of Alameda, any wild or exotic animal or
reptile. Animals coming within the scope of this section
shall include but shall not be limited to the following:
All nondomestic felines (cougar, ocelot, etc.), all non-
domestic canines (coyote, wolf, etc.), skunk, raccoon,
opossum, all venomous snakes, and all other potentially
dangerous nondomestic animals, birds, fishes and reptiles.
This section shall not apply to persons, firms or corpora-
tions 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 in-
tended to permit such persons, firms or corporations to add,
replace or proliferate such individual animals as are
currently maintained by them.
Sec. 9 -119 Retaining Animal Without Owners' 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
animal's true description and location, and shall surrender
such animal to any animal control officer or Police Officer
upon demand.
Sec. 9 -1110 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 section shall not apply to dogs or any
animal bearing owner identification.
Section 7 . Sections 9- 145.1, 9- 145.2, and 9- 1415.1
are hereby added to Article 4, Chapter 1, Title IX of the Alameda
Municipal Code, to read:
Sec. 9- 145.1 Display of License Tag It shall be the
responsibility of every person who owns, harbors or pos-
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sesses any dog over the age of four (4) months in the City
of Alameda, to ensure that the annual dog license tag issued
by the City of Alameda is fastened to the collar or leash
of the dog at all times when in a public place.
Sec. 9- 145.2 Limiting Number of Dogs It shall be
unlawful for any person, firm or corporation to maintain on
any premises owned, occupied or controlled by him or it in
the City of Alameda, more than three (3) dogs over the age
of four (4) months. This section shall not apply to per-
sons, firms or corporations which currently maintain more
than three dogs; however, this exemption is not intended
to permit such persons, firms or corporations to add or
replace such dogs in excess of three.
Sec. 9- 1415.1 Interference with Officer Any person
who in any way resists, delays or obstructs any animal
control officer in the discharge of any duty of his office
is guilty of a misdemeanor.
Section 8 . Article 2, Chapter 5, Title XV, of the Alameda
Municipal Code is hereby amended by adding Section 15 -521.1
thereto and amending Sections 15 -523 and 15 -525 thereof, to read:
Sec. 15- 521.1 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.
Sec. 15 -523 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
said fact forthwith 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.
Sec. 15 -525 Duty of Custodian of an Animal Bitten
b� a Known Rabid or Suspe Rabid Ani mal. Whenever any
person having charge, care, control, custody, or possession
or any animal or a species sub3ect to rabies nas knowledge
that such animal has been bitten by a known rabid or sus-
pected 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 said fact forthwith 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 information
requested by the Poundmaster. A copy of the report shall
be forwarded to the Alameda County Health Officer within
forty -eight (48) hours. Upon learning that his 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 deputies for a period of six months or destroy the
animal with the following exception in the case of dogs and
cats. I£ the dog or cat has been vaccinated against rabies
within two years but not less than 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 ap-
proved by the County Health Officer for a period of thirty
days. The County Health Officer or his deputies shall be
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 deputies.
Unless otherwise specified by the Health officer, such
animal shall be confined in the Animal Shelter or a veteri-
nary hospital at the owner's expense.
Section 9 . Article 3, Chapter 7, Title XV, of the Alameda
Municipal Code is hereby amended to read:
Article 3 Enforcement of Health Nuisances
by Citation Method; County Health Officer,
Supervising Animal Control Officer, or Peace
Officers for the Purpose of Enforcement
Sec. 15 -731 In addition to any other means of en-
forcement provided herein or otherwise authorized by law,
the provisions of Sections 9 -121, 9 -122, 9 -123 and 15 -711
may be enforced by the method provided in Title I, Chapter 4,
of the Alameda Municipal Code and Section 853.6 of the Penal
Code of the State of California.
Sec. 15 -732 Said provisions shall be enforced by
members of the Police Department and, in addition, the
Supervising Animal Control Officer or any of his Officers,
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and may be enforced by the Health Officer of the County
of Alameda, said persons are hereby designated as, and
given the powers of, and determined to be peace officers
for the purpose of enforcing said provisions in the manner
set forth in Title I, Chapter 4, of the Alameda Municipal
Code, and Section 853.6 of the Penal Code of the State of
California; provided, however, that the Health Officer or
his representatives, and the Supervising Animal Control
Officer and his officers shall not be considered for any
purpose members of the Alameda Police Department.
Section 10 . 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.
E
Li
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Fr Presi Officer of the Council
(n, -O Attest:
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City Clerk
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now
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 2nd day of January, 1980,
by the following vote, to wit:
AYES: Councilman Diament, Stone, Tillman, and
President Corica, (4)
NOES: None
ABSENT: Councilman Sherratt (1)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of January, 1980.
City Clerk of t e City o' Alameda