Alameda Municipal Code § 7-10 Dangerous or Potentially Dangerous Animals

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 (a) of Section 597.5 of the Penal Code; or

b. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

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 7-10.9.

Enclosure shall mean a fence or structure of at least six (6°) feet 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 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's animal shelter.

Person shall mean a natural person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.

Potentially dangerous animal shall mean any animal that, (1) when unprovoked on two or more separate occasions within the prior thirty-six (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 injury; or (3) when unprovoked, on two separate occasions within the past thirty-six (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; disfiguring lacerations; an injury requiring multiple sutures or corrective or cosmetic surgery; or any other injury that requires hospitalization.

(Ord. No. 2747 N.S. 3)

It shall be unlawful for any person to maintain a dangerous animal within the City.

(Ord. No. 2747 N.S. 3)

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 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.

(Ord. No. 2747 N.S. 3)

Upon impoundment of any animal, or upon a preliminary determination that 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. 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.

(Ord. No. 2747 N.S. 3)

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, all relevant 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.

(Ord. No. 2747 N.S. 3)

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 ($20.00) dollars, payable to the Alameda Municipal Court. The appeal shall be filed with the Alameda Animal Shelter within five days of the receipt of the notice of decision. Animal Shelter personnel will notify the Alameda Municipal Court and forward the appropriate information for the appeal hearing.

The court shall conduct a hearing according to the provisions of the California Food and Agriculture Code Sections 31622(b), 31623 and 31624.

(Ord. No. 2747 N.S. 3)

a. An animal determined to be dangerous and a 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 vicious shall 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 that is required pursuant to subdivision (b) shall meet the requirements of Section 7-10-1.

(Ord. No. 2747 N.S. 3)

Owner shall be responsible for all of the City's costs of housing an animal determined to be diseased, potentially dangerous or dangerous for the period of impoundment and the cost of euthanizing the animal.

(Ord. No. 2747 N.S. 3)

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 or at 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 statement attesting:

(a) 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 PDA on the property where 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 (2) 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.

b. A potentially dangerous animal shall be restrained as follows:

1. When unsupervised by a secure enclosure;

2. In public places by a sufficiently heavy metal, letter or canvas leash not longer than six (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.

(Ord. No. 2747 N.S. 3)

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.

(Ord. No. 2747 N.S. 3)

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 appear.

(Ord. No. 2747 N.S. 3)

If there are no additional instances of the behavior described in Section 7-10.1 within a thirty-six (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 thirty-six (36) month period if the owner or keeper of the animal demonstrates to the 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.

(Ord. No. 2747 N.S. 3)

The owner of an 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 7-10.4, 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.

(Ord. No. 2747 N.S. 3)