Berkeley Municipal Code Ch. 10.04 Dog and Cat Licenses and Regulations

For the purposes of this chapter certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context that a different meaning is intended.

A. "Dog" means any animal of the canine family, and shall be deemed to include female as well as male dogs, except when otherwise specifically provided herein.

B. "Altered dog" means a dog that has been spayed or neutered.

C. "Permanently non-fertile dog" means a dog that (1) has not been spayed or neutered, and (2) has been certified by a licensed veterinarian as a dog that cannot reproduce during its remaining life because of age or a permanent health condition.

D. "Unaltered dog" means any dog other than a permanently non-fertile dog that has not been spayed or neutered.

E. "Unaltered cat" means a cat that has not been spayed or neutered.

F. "Owner/guardian" means any person, other than a veterinarian or an operator of a kennel, who owns, keeps, or harbors a dog or domestic cat for at least 15 consecutive days. If an animal has more than one owner/guardian, then all such persons are jointly and severally responsible for the duties imposed on an owner/guardian in this chapter. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS §§ 1 and 1.1--1.4, 1968)

The City Manager shall designate an animal license administrator or administrators who shall collect the dog and cat license fees required to be paid under this chapter. The administrator shall also issue, at the City’s expense, dog license tags and unaltered cat licenses that show the dog or cat license number and the date on which the license will expire. For each license issued, the administrator shall enter into a database the name and mailing address of the animal’s owner/guardian, the animal’s description, the license number, and the expiration date. The expiration date of the dog rabies vaccines shall also be tracked. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5204-NS § 1 (part), 1979; Ord. 4372-NS § 3, 1968)

A. The City Council shall set by resolution the amount of fees or other charges which it determines are necessary for the administration of this chapter.

B. The revenue from unclaimed spaying or neutering deposits required under Section 10.04.205(B) is to be used only for spaying and neutering programs. (Ord. 6568-NS § 1, 2000)

A. Except as provided in this section, every owner/guardian of any dog over the age of four months in the City of Berkeley shall pay a license fee for each such dog so owned, cared for, or controlled by such person.

B. All owners/guardians of dogs subject to the licensing requirements of this section shall obtain one of the following three types of dog licenses:

1. Altered dog license: An altered dog license shall be obtained for an altered dog as defined by this chapter.

2. Permanently non-fertile dog license: A permanently non-fertile dog license shall be obtained for a permanently non-fertile dog as defined by this chapter.

3. Unaltered dog license: An unaltered dog license shall be obtained for an unaltered dog as defined by this chapter.

C. An altered dog license and a permanently non-fertile dog license may be purchased for either a one-year or three-year period. An unaltered dog license may only be purchased for a one-year period. The term of all dog licenses shall commence on the date the license fee is received by the City and shall expire on the last day of the month during which the current rabies vaccine for the dog expires.

D. Written proof of neutering or spaying or that the dog permanently cannot reproduce must be provided at the time of the initial licensing for either an altered dog license or a permanently non-fertile dog license, but need not be produced for renewal of such licenses.

E. No dog license shall be issued until the applicant therefor has presented a certificate from a licensed veterinarian or other satisfactory proof that said dog has been inoculated against rabies as hereinafter provided in this code. Veterinarians shall provide information on rabies vaccination to the City on a quarterly basis. The information shall, in addition to any other information required by the City, include the dog’s name, the dog’s owner/guardian’s name, the dog’s owner/guardian’s address and the date and period for which the dog is vaccinated.

F. The license provisions of this section shall not apply to the following:

1. Dogs that are kept, harbored, or maintained by owners/guardians who are nonresidents and are staying within the City for 60 days or less, if kept, harbored, or maintained only during such temporary sojourn of their owners/guardians.

2. Dogs brought into the City for the purpose of participating in any dog show or exhibition. (Ord. 7574-NS § 1, 2017; Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 6171-NS § 1, 1993; Ord. 6133-NS § 1, 1992; Ord. 5881-NS § 1, 1988; Ord. 5250-NS § 1, 1980; Ord. 5223-NS § 1, 1979; Ord. 5204-NS § 1 (part), 1979; Ord. 5167-NS § 1, 1979; Ord. 4714-NS § 1, 1974; Ord. 4670-NS (part), 1973; Ord. 4629-NS (part), 1973; Ord. 4546-NS (part), 1971; Ord. 4372-NS § 2, 1968)

A. For a dog adopted from the City of Berkeley Animal Shelter, the first one-year license fee shall be waived or the first three-year license fee shall be reduced by 33%.

B. The license fee for any "service dog" shall be waived. "Service dog" shall mean any guide dog, signal dog, or other dog that is individually trained to do and is doing work or performing tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, providing rescue work, pulling a wheelchair, or fetching dropped items. Alternatively, proof of service dog status may be established by documentation from (1) a doctor stating that the owner/guardian has a mental or physical impairment that limits a major life activity for which a service dog would provide assistance, and (2) any person, including the owner/guardian, that the dog has been individually trained to perform identified tasks to assist the owner/guardian with the impairment. A service dog license fee waiver shall apply to all service dogs, regardless of reproductive status.

C. The fee for an altered dog license or a permanently non-fertile dog license shall be waived for "senior citizens." "Senior citizen" shall mean a person 65 years of age or older. Proof of senior status shall be provided by driver’s license, state identification card, birth certificate, or other similar official document. A senior status license fee waiver shall not apply for unaltered dog and unaltered cat licenses.

D. The fee for an altered dog license or a permanently non-fertile dog license shall be waived for "low-income" citizens. "Low-income" shall be defined by Council resolution. Proof of low-income status is required in any manner defined by the City Manager. A low-income license fee waiver shall not apply for unaltered dog and unaltered cat licenses.

E. There shall be a higher fee or surcharge to be set by resolution for unaltered dog licenses when the unaltered dog to be licensed has "violations." "Violations" as used in connection with unaltered dog licenses shall include the following three circumstances: (1) within one year of the license application date, the owner/guardian has been convicted of a running at large violation under Berkeley Municipal Code Section 10.04.090, (2) within one year of the license application date, the animal shelter has impounded a dog belonging to the owner/guardian for a running at large violation, or (3) the dog has been deemed a vicious or dangerous dog under Berkeley Municipal Code Section 10.04.170.

F. There shall be a "late license renewal penalty" to be set by resolution. The late license renewal penalty shall apply in the following circumstances: Any dog license or unaltered cat license which is not renewed within 30 days after its expiration date is delinquent. At the time of the renewal of a delinquent license, the late license renewal penalty shall be collected in addition to the license fee. However, the late license renewal penalty shall be waived for dogs, if within 60 days after said expiration date, the owner/guardian provides written proof that the dog has been inoculated against rabies during that 60-day period. (Ord. 6807-NS § 1 (part), 2004; Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000)

A. Except as provided in this section, every owner/guardian of an unaltered cat as defined in this chapter over the age of six months in the City of Berkeley shall pay a license fee for each such unaltered cat.

B. Owners/guardians of unaltered cats subject to licensing under this section shall purchase a one-year license. The term of said unaltered cat license shall commence on the date the license fee is paid and shall expire one year later.

C. The license provisions of this section shall not apply to:

1. An unaltered cat that a licensed veterinarian certifies in writing either cannot reproduce during its remaining life because of age or a permanent health condition, or should not be spayed or neutered at the current time due to a health condition.

2. Unaltered cats that are kept, harbored, or maintained by owners/guardians who are nonresidents and are staying within the City for 60 days or less, if kept, harbored, or maintained only during such temporary sojourn of their owners.

3. Unaltered cats brought into the City for the purpose of participating in any cat show or exhibition.

D. Except as provided in Section 10.04.210, a violation of the requirement that an unaltered cat be licensed is not in itself a sufficient basis to impound a cat. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000)

Except as hereinafter specifically provided, license tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee because of death of the animal or the owner/guardian leaving the City or the removal of the animal from the City before expiration of the license term. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5204-NS § 1, 1979; Ord. 4372-NS § 8, 1968)

A. Every licensed dog shall be provided by the owner/guardian or possessor thereof with a suitable collar at least three-fourths of an inch wide, or some other suitable device, to which shall be attached the tag provided for in Section 10.04.020 hereof and such collar or device must be worn by such licensed dog at all times.

B. If a collar or dog license tag is not clearly visible, persons authorized to enforce the provisions of this chapter may, in any place that is open to the public, check a dog’s license tag to verify that it is attached to the dog’s collar.

C. Except as provided in Section 10.04.210, a violation of the requirements that a dog be licensed and wear a dog license tag is not in itself a sufficient basis to impound a dog. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS § 5, 1968)

Whenever a dog license tag or an unaltered cat license issued for the current year by the license administrator has been lost, or taken or stolen by parties unknown to the owner/guardian or person having control of the animal for which the same was issued, such owner/guardian or person having control of such animal may, on the payment of a fee and on making and subscribing to an affidavit of the loss of such tag or license, receive from the license administrator a duplicate dog license tag or unaltered cat license for the remaining portion of the term for which the original license was issued. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5204-NS § 1 (part), 1979; Ord. 4372-NS § 6, 1968)

It is unlawful for any person to imitate or counterfeit any dog license tag or unaltered cat license provided for in this chapter, or to use any imitation or counterfeit of such. (Ord. 6568-NS § 1, 2000; Ord. 5204-NS § 1 (part), 1979; Ord. 4372-NS § 7, 1968)

A. An owner/guardian, other than the City’s Animal Shelter, who transfers ownership/guardianship of a dog or cat that is required to be licensed under this chapter, must provide the new owner/guardian with a current valid dog or cat license.

B. An owner/guardian shall notify the City of the name and address of the person to whom any dog or cat is transferred within 30 days of said transfer, if the animal is required to have a license under this chapter and is to remain within the City for more than 60 consecutive days.

C. An owner/guardian who transfers ownership/guardianship of a dog or cat must provide the new owner/guardian with information relating to (a) the vaccination status of the animal, and (b) City laws pertaining to animal control and spay/neuter programs. The City laws and program information will be made available free of charge at the animal shelter.

D. A person who displays a dog or cat with the intent of transferring ownership or guardianship to a new owner/guardian, must display the animal’s license, if the animal is required to be licensed under this chapter.

E. No person or organization shall display on public property any dog or cat for the purpose of transferring ownership/guardianship, except that an animal shelter, animal rescue group, or humane society may do so only when expressly authorized by the City. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000)

No animal shelter, including the City’s Animal Shelter, humane society, humane organization, or animal rescue group shall transfer to a new owner/guardian any dog or cat that is over six months of age that has not been spayed or neutered, unless a licensed veterinarian certifies that the animal (1) should not be spayed or neutered for health reasons, or (2) is permanently non-fertile. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000)

A. Feral cats are hereby declared to be a public nuisance. Feeding or sheltering feral cats is a violation of this section, unless the person doing so establishes to the City that they (a) are working with an animal agency or group registered with the animal shelter, or licensed veterinarian, to spay or neuter the cats in the colony, (b) are making available to the Animal Services staff the documentation of sterilization procedures every two weeks, commencing with the date feeding or sheltering began, and (c) after three months have completed the sterilization of 90% of the feral cats, and after five months have completed the sterilization of 100% of the feral cats. If the person (a) is not working with an animal agency or group registered with the animal shelter, or licensed veterinarian to spay/neuter the feral cats, (b) has not made available to the Animal Shelter proper documentation every two weeks, (c) has not spayed/neutered 90% of the feral cats within three months, or (d) has not spayed/neutered 100% of the feral cats within five months, the person may be cited for a violation of this section. For purposes of this section, "Feral Cat" shall mean an undomesticated or wild cat, or a cat that has reverted to a wild or undomesticated state.

B. The City may abate a public nuisance created by feral cats by seizing the feral cats on public property or, if on private property, by any means of abatement provided for in Chapter 1.24 or other law, including seizing the feral cats.

C. This section is not intended to prevent a private party from asserting any legal rights they may have to enjoin or seek damages against a person feeding feral cats which affect that private party. (Ord. 6805-NS § 1, 2004; Ord. 6568-NS § 1, 2000)

Except in an area specifically set aside and designated by the City Council as a "dog park", or "off-leash" area no owner/guardian or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of said owner/guardian or keeper except with the consent of the person in charge of said private place or premises, unless such dog is securely restrained by a substantial leash not to exceed six feet in length and is in charge and control. An obedience-trained dog under effective charge and control within six feet of his master shall be deemed to be on a leash. For the purposes of this section, any dog in or upon any motor vehicle shall be deemed to be on the premises of the operator thereof. (Ord. 6627-NS § 1, 2001; Ord. 5789-NS § 1, 1986; Ord. 4412-NS (part), 1969; Ord. 4372-NS § 9, 1968)

A. Any person having custody of a dog while on public property, including any easements, and public parks, and private property not owned by such person shall at all times carry an instrument suitable for removing and disposing of any feces which may be deposited by said dog and shall remove any such feces which may be deposited by such dog while on such property.

B. The provisions of this section shall not apply to dogs being used by the blind as guide dogs, or service dogs that are assisting disabled persons who are unable to remove such feces. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 6467-NS § 2, 1998; Ord. 5205-NS § 3, 1979; Ord. 4372-NS § 13.1, 1968)

A. No person shall transport or carry any dog or any other animal on any public highway or public roadway, in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross tether or other device that will prevent the animal from falling from, being thrown from or jumping from the motor vehicle.

B. No person shall leave any dog or any other animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which could adversely affect the animal’s health or welfare. (Ord. 6568-NS § 1, 2000; Ord. 5659-NS § 1, 1985)

It is unlawful for any person to permit any dog (whether or not such dog be licensed and whether or not such dog be upon a leash) to be in or upon the Berkeley Municipal Fishing Pier or the beach areas of Shorebird Park of the Berkeley Marina; any dog found in or upon the Berkeley Municipal Fishing Pier or beach areas of Shorebird Park shall be impounded. The beach areas shall be defined as the sand and gravel areas adjacent to the water line in Shorebird Park.

It is unlawful for any person to permit any dog to be in any other area of the Berkeley Marina unless such dog is securely restrained by a substantial leash not to exceed six feet in length, or unless the dog is in a City-designated "off-leash" area.

The provisions of this section shall not apply to dogs being used by the blind as guide dogs, service dogs, or to dogs contained in any motor vehicle. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5678-NS § 1, 1985; Ord. 4372-NS § 11, 1968)

It is unlawful for any person to bring into, or for any person to allow any dog to enter any place of business in which food is sold, prepared for sale, produced, manufactured, packed, stored or otherwise disposed of; any dog found in any such place of business as herein designated shall be impounded.

The provisions of this section shall not apply to dogs being used by the blind as guide dogs or service dogs. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS § 12, 1968)

No dog shall be left abandoned in a public park by tethering such dog to any object. Such dog shall not be deemed abandoned if its custodian is within sight and voice command distance of such tethered dog. (Ord. 6467-NS § 1, 1998)

A. Except in an area specifically set aside and designated by the City Council as a "dog park," or "off-leash" area, it is unlawful for any person to permit any dog, whether or not such dog is licensed, to be in or upon any public playground or park maintained by the City, unless such dog is securely restrained by a substantial leash not to exceed six feet in length. Dogs are not permitted in sand or wood chip covered play equipment areas or in totland or other fenced tot play areas or in the Berkeley Rose Garden under any circumstances. Any dog found in or upon any playground or park as hereinafter designated, except those meeting the above criteria shall be impounded.

B. In any "dog park" or "off-leash" area set aside and designated as such by the City Council, no more than four dogs per owner/guardian, or per responsible party shall be allowed at any one time, and the owner/guardian, or responsible party, must be physically present at all times. Any dog whose owner/guardian, or responsible party, is not physically present shall be impounded pursuant to Section 10.04.200 of the Berkeley Municipal Code.

C. The provisions of this section shall not apply to dogs being used by disabled individuals as service animals. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 6460-NS § 1, 1998; Ord. 5983-NS § 1, 1990; Ord. 5950-NS § 1, 1989; Ord. 5679-NS § 1, 1985; Ord. 5599-NS § 1, 1984; Ord. 5239-NS § 1, 1980; Ord. 4372-NS § 10, 1968)

It is unlawful for any person to keep on any one premises owned or occupied by them, more than four dogs if said dogs are more than six months old, unless said dogs are properly housed in kennels approved by the Public Health Department.

If more than four dogs over the age of six months are kept in a permanent enclosure or in a kennel as herein provided, no part of said enclosure or kennel may be within 25 feet of any dwelling house occupied by human beings, except any and all dwelling houses owned or occupied by the person owning, caring for, or having control of such dogs. (Ord. 6627-NS § 1, 2001; Ord. 4372-NS § 21, 1968)

A. Scope. The requirements of this section apply only to privately owned and operated premises, and dogs kept on said premises by the owner, occupant, or agent thereof.

B. Definitions. A dog is "housed" outdoors under this section, if the dog is kept outdoors for 12 or more hours in a single day. A dog is "left" outdoors under this section, if the dog is kept out of doors for more than 1 hour but less than 12 hours in a single day without the presence or supervision of a human being, or without independent access to a habitable indoor space such as through a doggy door.

C. Shelter. If a dog is housed or left outdoors, its owner/guardian shall provide a "shelter" structure or other space for the dog that has a roof, a floor, and walls on three sides. The shelter shall (a) be of adequate size to allow the dog to stand up and turn about freely, stand easily, sit and lie in a comfortable normal position, (b) be structurally sound and maintained in good repair to protect the dog from injury, (c) effectively allow the dog to remain dry during rain and have shade from the sun, (d) have a floor made out of material that will not injure the dog’ s feet or legs, and that is free of substantial cracks, depressions, and rough areas where insects, rodents or eggs from internal parasites may lodge, or that may cause injury to the dog, (e) be kept free of broken glass or other materials that may cause injury to the dog, (f) be kept clean and maintained in a manner designed to insure the best possible sanitary conditions, e.g. excreta shall be removed from the shelter as often as necessary, and (g) if the ambient temperature falls below the temperature to which the dog is acclimated, also include adequate bedding material or other means of protection from the cold.

D. Water. If a dog is housed or left outdoors, the owner/guardian shall provide the dog easy access to clean and fresh water at all times, unless doing so is restricted for veterinary care. If the water is kept in a container, the container shall be designed sufficiently to prevent tipping and spilling of the water contained therein. If necessary, the container shall be secured to a solid structure or secured in the ground. Water containers shall be kept clean, kept out of sun, and must be emptied and refilled with fresh water at least once a day. If an automatic or demand device provides the water, the water supply connected to the device must function whenever a dog that is housed or kept outdoors is outdoors.

E. Food. If a dog is housed outdoors, or left outdoors for more than 4 hours, the owner/guardian shall provide (a) sufficient food daily to maintain proper body weight and good health, which shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the daily requirements for the condition and size of the animal, and (b) a food receptacle that is easily accessible to the dog and located so as to minimize contamination by excreta and/or insects, and that shall be durable and kept clean. If a disposable food receptacle is used, it must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of feed. Spoiled or contaminated food shall be disposed of in a sanitary manner.

F. Fencing. All dogs that are housed, left, or otherwise placed outdoors for any period of time on a single premise shall be confined by fencing or other barriers that prevent the dog from escaping the premise and running at large, and unspayed female dogs shall be confined during heat in a manner that adequately prevents unintended pregnancy.

G. Tethering. The fence/barrier requirement in this section remains applicable even if the dog is lawfully tethered to a stationary object or cable line. In the limited circumstances in which Health and Safety Code Section 122335 allows tethering a dog on privately owned and operated premises, the tether shall be (a) attached to the dog by a non-choke collar or body harness, (b) short enough to prevent the dog from coming within one foot of a perimeter fence or barrier, and (c) long enough to allow the dog to move around, relieve itself away from the space of its confinement, and when required by this section, have access to adequate water, food, and shelter as provided in Penal Code Section 597t.

H. Adequate Space. All dogs that are housed or left outdoors shall be provided with enough space to ensure adequate separation between food, water and bedding, and areas to eliminate.

I. Health restrictions. A dog shall not be housed, left, or otherwise placed outdoors by any person, if doing so will impose suffering on the dog. (Ord. 6953-NS § 1, 2006)

A. No person, licensed medical professional or otherwise, shall perform or cause to be performed an onychectomy (declawing) or flexor tendonectomy procedure by any means on any animal within the City, except when necessary for a therapeutic purpose. “Therapeutic purpose” means the necessity to address the medical condition of the animal, such as an existing or recurring illness, infection, disease, injury or abnormal condition in the claw that compromises the animal’s health. “Therapeutic purpose” does not include cosmetic or aesthetic reasons, or reasons of convenience in keeping or handling the animal. In the event that an onychectomy or flexor tendonectomy procedure is performed on any animal within the City in violation of this section, each of the following persons shall be guilty of a violation of this section: (1) the person or persons performing the procedure, (2) all persons assisting in the physical performance of the procedure, and (3) the animal guardian that ordered the procedure.

B. Any person who violates this section shall be guilty of a misdemeanor and shall be fined in an amount not to exceed one thousand dollars ($1,000.00) or be imprisoned for a period of six months, or both. Violation of this section shall be a misdemeanor but may be charged in the discretion of the citing officer as an infraction. (Ord. 7119-NS § 1, 2009)

It shall be the duty of the Police Department, Animal Services Division, or other designee of the City Manager to apprehend or cause to be apprehended any dog found running at large contrary to the provisions of this chapter. Such dog shall be impounded in the City Animal Shelter or other suitable place designated for such purpose. Upon receipt of any dog for impounding, a complete registry shall be made entering the breed, color and sex of such dog and whether or not licensed. If licensed, the name and address of the owner/guardian, and the number of the license tag shall also be entered. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS § 14, 1968)

A. If any animal shall bite any person or any animal within the City, the owner/guardian or person having custody or control of such animal shall upon request of any peace officer, Animal Control Officer, or other designee of the City Manager deliver such animal forthwith to said officer or City employee to be held for ten days for the purpose of determining whether or not such animal is afflicted with rabies, and the owner/guardian or person having control of such animal shall pay all the expenses of the keeping thereof during the time such animal shall be so held.

B. In lieu of impounding such animal in the City Animal Shelter, the owner/guardian or person having control of such animal, with the approval of the above-mentioned officer or City employee, shall forthwith make arrangements with a veterinarian in the City, approved by the above-mentioned officer or City employee, for the impounding of such animal for a period of ten days, and deliver said animal to said veterinarian forthwith; upon receipt of such animal, the veterinarian shall immediately notify the above-mentioned officer or City employee.

C. The City Manager or their designee may authorize home quarantine for animals which have bitten any person or any animal within the City, provided that the animal is validly vaccinated for rabies; and provided, further, that the owner/guardian of the animal has the capability and physical facilities with which to provide quarantine, that the animal has not been exposed to a bite of a high risk species, and that the animal has no apparent illness. (Ord. 6922-NS § 1, 2006; Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4670-NS (part), 1973; Ord. 4372-NS § 15, 1968)

A. Except as provided in subsection B below, the term "vicious" or "dangerous" animal means, but is not limited to, a dog which:

1. Has a known propensity, tendency or disposition for attack without provocation, or otherwise behaves in such a manner which would place a person in reasonable fear of imminent bodily harm, such that the owner/guardian or harborer thereof knows or should reasonably know that the dog has tendencies to attack or bite persons or domestic animals; or

2. Has bitten or attacked, or shown by threats, chasing, snapping, snarling, worrying, or lunging, the propensity, tendency or disposition to attack, bite, or otherwise cause injury to, a person engaged in lawful activity; or

3. Has been specifically trained to attack persons or domestic animals or otherwise has been trained as an attack animal; or

4. Is owned or kept in whole or part for the purpose of dog fighting, or has been trained for dog fighting, or is outfitted with a training device for fighting or attack; or

5. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled.

B. No dog will be declared vicious or dangerous:

1. Solely by virtue of an injury or damage sustained by a person while:

(a) Committing a willful trespass or other tort upon the premises occupied by the owner/guardian or harborer of the dog; or

(b) Teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime, at the time such injury or damage was sustained; or

2. When protecting or defending, within its immediate vicinity, a human being from an unjustified attack or assault. (Ord. 6627-NS § 1, 2001; Ord. 5846-NS § 1, 1988; Ord. 4372-NS § 20, 1968)

A. No person owning or harboring or having the care or custody of a dangerous or vicious dog shall suffer or permit such dog:

1. To go unconfined on the premises of such person. For purposes of this section, a vicious dog is unconfined if not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of said person. In addition, such covered pen or dog run area shall have sides either six feet high or otherwise adequate, as determined by the City Manager or their designee, for the comfort and safe confinement of the dog. If the pen or structure has no bottom secured to the sides, the sides shall be imbedded into the ground at a depth to safely confine the dog, in no event less than one foot;

2. To go beyond the premises of such person unless securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length;

3. To be kept or otherwise maintained for the purpose of dog fighting; nor shall such person train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals; nor to be outfitted with a training device for fighting or attacking, such as a weighted neck collar;

4. To be kept or otherwise maintained for the purpose of sale or breeding;

B. No person shall own, harbor or otherwise have the care of any dangerous or vicious dog without maintaining a policy of insurance in an amount not less than $50,000 insuring said person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious or dangerous dog. Such person shall produce evidence of such insurance upon the request of the City Manager or their designee. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5846-NS § 2, 1988)

A. Whenever an animal is suspected of being vicious or dangerous and is reported as such, the City Manager or their designee is authorized to investigate the circumstances of such report. Upon a finding that the animal, by reason of its propensities, acts, or disposition, is a vicious or dangerous animal as defined in Section 10.04.170 of this title, the City Manager or their designee shall notify the owner/guardian or harborer in writing of such findings and the basis therefore.

B. Any police officer, animal control officer, or other authorized employee of the City, may summarily seize and impound a dog where the officer, after investigation, has reasonable grounds to believe that such dog:

1. Has demonstrated one or more of the characteristics set out in Section 10.04.170 and the dog’s owner/guardian or harborer has not complied with the requirements specified in Sections 10.04.171A or 10.04.171B; or

2. Poses an immediate or substantial threat to the public health, safety or property. Any such dog, whether running at large or not, which cannot be safely taken up and impounded may be slain by such officer or employee.

C. Within five working days following the investigation and notification by the City Manager or their designee pursuant to Section 10.04.172A or seizure pursuant to Section 10.04.172B, the owner/guardian or harborer of the dog shall be entitled, upon request, to an administrative hearing to determine whether said dog is vicious or dangerous, and, if so, the nature and extent of orders to be made.

1. If, after said hearing, it is determined that the dog is vicious or dangerous, the City Manager or their designee may order the owner/guardian or harborer of the dog to keep the animal confined as provided in this section and/or make such other and further orders reasonable under the circumstances.

2. If restraint or confinement is impracticable, the animal shall be impounded until the owner/guardian or harborer is able to comply with the City Manager or their designee’s orders.

D. For any impoundment under this section, the owner/guardian or harborer shall be liable to the City for payment of fees in an amount set by the City Council by resolution, and any dog not reclaimed within a reasonable time after such impoundment shall be subject to adoption or destruction, as appropriate.

E. In cases where no impoundment takes place, and written notification and/or orders are made pursuant to an administrative hearing pursuant to Section 10.04.172C, the failure of the owner/guardian or harborer to either provide, within a reasonable time, adequate restraint or control of the animal as ordered by the City Manager or their designee, or thereafter at any time to otherwise comply with such or other orders of the City Manager or their designee, is an infraction, and the animal shall be subject to summary seizure and, as appropriate, adoption or destruction. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5846-NS § 2, 1988)

A. The keeping, harboring, maintaining, owning, or possessing of a vicious or dangerous dog in violation of this title is hereby declared to be a public nuisance and to be contrary to the public’s health, welfare and safety, and in addition to the foregoing methods of abatement, may be abated by appropriate proceedings in any court of competent jurisdiction.

B. The owner/guardian or harborer of the dog in question, or any person found to have violated any of the provisions of this section, shall pay all expenses and reimburse the City for all costs incurred in verifying compliance and enforcing the provisions of this section, as well as any costs/expenses relating, but not limited to, the shelter, food, veterinary care, and destruction of such dog. (Ord. 6627-NS § 1, 2001; Ord. 5846-NS § 2, 1988)

It shall be a misdemeanor for any person to rescue any animal, or in any way interfere with any City employee authorized to impound any animal, while they are impounding or attempting to impound an animal. (Ord. 6568-NS § 1, 2000; Ord. 5716-NS § 3 (part), 1986; Ord. 4372-NS § 16, 1968)

After the impounding of any dog, the owner/guardian, if known, shall be forthwith notified thereof. (Ord. 6627-NS § 1, 2001; Ord. 4372-NS § 17, 1968)

All impounded dogs shall be humanely cared for and shall be supplied with sufficient food, water and other necessary care. All impounded dogs which are not reclaimed by their owners/guardians shall be kept for a period of five days after the giving of notice of impounding to their owners/guardians. In any case where the owner/guardian of the dog is unknown, and the dog is not reclaimed, such dog shall be kept for a period of five days after impounding. Any impounded dog that has not been reclaimed within the period herein specified, may be sold at public or private sale or humanely destroyed.

Notwithstanding any provision to the contrary set forth herein, any impounded dog which is suffering from rabies or an incurable disease shall be forthwith humanely destroyed, and any impounded dog which is suspected of suffering from rabies or an incurable disease shall remain impounded for a sufficient period of time to determine whether or not it is in fact suffering from said diseases. (Ord. 6627-NS § 1, 2001; Ord. 4511-NS (part), 1970; Ord. 4372-NS § 19, 1968)

A. All impounded dogs and cats which are not reclaimed by their owners/guardians and that have been held for the required holding period may be adopted by private citizens. Except as provided in this section, all dogs and cats that are adopted from the animal shelter must be spayed or neutered at the expense of the person(s) adopting them prior to the transfer of ownership/guardianship.

B. The City’s Animal Shelter may transfer an unaltered dog or cat, if a licensed veterinarian certifies that the animal is either (1) permanently non-fertile, or (2) should not be spayed or neutered for health reasons. In the latter circumstance only, the following spay/neuter deposit requirement applies prior to the transfer of ownership/guardianship being finalized:

1. The new owner/guardian must pay a temporary spay/neuter deposit fee at the animal shelter.

2. Once a veterinarian certifies that the animal is healthy enough to be spayed or neutered, the animal must undergo the procedure within 14 days. The new owner/guardian shall thereupon obtain written documentation from the veterinarian that the animal has been spayed or neutered. The new owner/guardian is entitled to a full refund of the spay/neuter deposit, if the new owner/guardian presents written documentation to the animal shelter within 30 days of the date of the procedure confirming that the animal was spayed or neutered. The deposit shall be retained by the City if the new owner/guardian fails to present timely proof that the animal has been spayed or neutered.

3. The animal shelter may waive the spay/neuter deposit for transfers to other public animal control agencies or shelters, societies for the prevention of cruelty to animals, humane society shelters, rescue groups, or veterinarians. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5691-NS § 1, 1985)

A. A dog or cat that is not spayed or neutered and is subject to the licensing requirements of this chapter that is impounded at the animal shelter shall be spayed or neutered at the owner/guardian’s expense before being returned to the owner/guardian, subject to the conditions and exceptions in this section.

B. The owner/guardian shall be given a choice of veterinarians to perform the procedure. If the owner/guardian does not select a veterinarian, the City may choose one.

C. The City may not have an impounded animal spayed or neutered without the consent of the owner/guardian until at least five days after impoundment, unless the fifth day falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.

D. If the owner/guardian objects to the spay/neuter within five days after the animal is impounded, and requests a hearing, the hearing shall be granted. A hearing officer to be designated by the City Manager may determine whether the animal may be returned to its owner/guardian without first being spayed or neutered. In making this decision, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner/guardian against conducting the procedure. If the hearing officer requires that the spay/neuter procedure be done, that decision shall be final. The owner/guardian is responsible for all boarding fees during the entire impound period.

E. This section shall not apply if a licensed veterinarian certifies that the animal (1) should not be spayed or neutered for health reasons, or (2) is permanently non-fertile. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000)

A. All impounded dogs and cats that are returned to their owners, adopted, or rescued from the animal shelter shall be microchipped before leaving the shelter and at the expense of the person taking possession of the animal, subject to the exceptions in this section.

B. The fee for the microchip insertion shall be included in the cost of adoption or redemption.

C. This section shall not apply to feral cats.

D. This section shall not apply if a licensed veterinarian certifies that the animal should not be microchipped for health reasons.

E. This section shall not apply to animals taken from the shelter by rescue groups.

F. This section shall not apply to animals that cannot be handled safely by staff unless they are being anaesthetized for spay/neuter surgery and can be microchipped by the veterinarian while sedated. (Ord. 6807-NS § 3 (part), 2004)

If an impounded animal is subject to the license requirements of this chapter, the animal shall not be returned to its owner/guardian, until and unless the animal has a valid license. In addition, all impound and boarding fees must be paid before the animal is returned. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS § 18, 1968)

It is unlawful for the owner/guardian of any dog more than four months old to keep, harbor or maintain such dog unless such dog shall have been inoculated with an approved antirabies vaccine or serum by a licensed veterinarian.

Every dog over four months old shall be inoculated each year or every three years depending on the vaccine used. (Ord. 6627-NS § 1, 2001; Ord. 6133-NS § 3, 1992; Ord. 4629-NS (part), 1973; Ord. 4372-NS § 23, 1968)

A. If a dog is suspected by their owner/guardian, by the City Manager or their designee, or any peace officer of having rabies or has been bitten by an animal suspected of having rabies, such dog shall be confined by a leash or chain on the owner/guardian’s premises and shall be placed under the observation of a veterinarian at the expense of the owner/guardian for a period of ten days.

B. The owner/guardian shall notify the above-noted officer or City employee of the fact that their dog is suspected of having rabies or has been bitten by an animal suspected of having rabies, and at the discretion of the above-noted officer or City employee such dog may be removed from the owner/guardian’s premises to a veterinary hospital or the City Animal Shelter and there placed under observation for a period of ten days at the expense of owner/guardian.

C. It is unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off their premises or beyond the limits of the City without the written permission of the City Manager or their designee. Every owner/guardian, or other person, upon ascertaining a dog is rabid shall immediately notify the City Manager or their designee, or any peace officer and the same shall either remove the dog or summarily destroy it. (Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 4372-NS § 22, 1968)

All officers and employees of the City who have the duty to enforce this chapter are authorized to arrest persons for violations of this chapter. The procedure provided in the Penal Code of the state for giving a written notice to appear to a person arrested for an offense declared to be a misdemeanor shall be applicable to arrests for violations of this chapter; all of the provisions of Part 2, Title 3, Chapters 5C and 5D of the Penal Code shall be applicable in such cases.

The City Manager or their designee may, at their discretion or upon citizen request hold citation (administrative) hearings and issue citations for violations of this chapter. (Ord. 6568-NS § 1, 2000; Ord. 4670-NS (part), 1973; Ord. 4491-NS (part), 1970; Ord. 4372-NS § 23.1, 1968)

A. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20, in addition to any City impound and boarding fees, and in addition any fines required under State law Food and Agriculture Sections 30804.7(a-b) and 31751.7(a-b), except that a violation of Section 10.04.180 shall be punishable as a misdemeanor.

B. If the owner/guardian of an unaltered fertile dog or cat is issued a citation for a violation of any provision of this chapter other than Sections 10.04.145 and 10.04.160 through 10.04.180 (concerning dangerous/vicious dogs and interfering with poundmaster), all infraction penalties and fines shall be nullified by the court, other than the court’s administrative fee, if by the time of the court hearing, the owner/guardian provides written proof to the court that the animal was spayed or neutered within the thirty (30) day period following the issuance of the citation.

C. The City of Berkeley encourages the spaying and neutering of dogs and cats. The dog and cat licensing requirements under this chapter will be the primary method of encouraging the spaying and neutering of dogs that have not been impounded. No investigation of a dog or cat license violation that concerns a dog or cat kept on private property will be initiated, however, unless the animal is the subject of a complaint that is unrelated to its license status. Such unrelated complaints include but are not limited to a report of an animal bite, a barking dog, or an abused animal.

D. Whenever a dog is on public property or property open to the public, a peace officer, Animal Control Officer, or the Director of the Animal Shelter may at any time authorized by law initiate an investigation of a violation of the requirements that a dog be licensed and wear a dog license tag on its collar.

E. At the discretion of the court, the City of Berkeley is willing to accept as an alternative to the imposition of fines for infraction convictions for violations of this chapter, other than Sections 10.04.145 and 10.04.160 through 10.04.180 (concerning dangerous/vicious dogs and interference with the impoundment of an animal), supervised community service at the direction of the Berkeley Animal Shelter Director in an amount of one hour of service for every seven dollars ($7.00) in fines. (Ord. 7119-NS § 2, 2009; Ord. 6627-NS § 1, 2001; Ord. 6568-NS § 1, 2000; Ord. 5716-NS § 3 (part), 1986; Ord. 5591-NS § 1 (part), 1984; Ord. 4372-NS § 24, 1968)