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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