Emeryville Municipal Code Art. 1 General Provisions

This chapter shall be known as the "Animal Control Law of the City of Emeryville."

(Sec. 3.1, E.T.C., as added by Ord. 71-03)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Animal"

shall mean any mammal, poultry, bird, reptile, fish, insect, or other dumb creature.

(b)

"Animal breeder"

shall mean any person engaged in the commercial business of breeding, buying, selling, or boarding animals.

(c)

"Animal quarters"

shall mean any place used to keep animals, except a family residence, and shall include all other buildings or pens on private property if used therefor.

(d)

"Area"

shall mean the unincorporated area of the County or any City which has adopted the provisions of this chapter.

(e)

"At large"

shall mean any animal off the premises of its owner and not under restraint, leash, or chain, and not otherwise controlled by a competent person.

(f)

"Director"

shall mean the County Director of Field Services or his authorized deputy or representative.

(g)

"Dog"

shall mean any member of the canine family and shall include female as well as male dogs.

(h)

"Owner"

shall mean any person owning, having an interest in, feeding, or having the control, custody, or possession of any animal.

(i)

"Shelter"

shall mean a facility designated by the Director for the impoundment of animals.

(j)

"Unlicensed animal"

shall mean an animal for which a license is required and for which a license for the current year has not been paid or to which the tag provided for in Article 2 of this chapter is not attached.

(k)

"Wild animal"

shall mean any animal not ordinarily and customarily domesticated.

(Sec. 3.2, E.T.C., as added by Ord. 71-03)

The Council may enter into a contract on behalf of the City with a county, another city, a humane society, or other persons who are performing any of the duties to be performed pursuant to the provisions of this chapter, including the impounding and care of animals.

(Sec. 3.101, E.T.C., as added by Ord. 71-03)

License, impounding, feeding, boarding, and other fees shall be adopted by resolution of the Council.

(Sec. 3.80, E.T.C., as added by Ord. 71-03, as amended by Ord. 73-08)

It shall be a violation of this Code to operate any hospital, home, asylum, or other institution where diseased animals are treated or kept unless the owner thereof shall apply for and obtain a permit to do so. Such permit shall be applied for, granted, and in existence before such animal hospital shall be operated.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.120, E.T.C., as added by Ord. 71-03)

The Chief of Police shall grant any permit required by the provisions of Section 6-1.105 of this article, where the operation of the facility will be clean and sanitary and will not affect the health of the residents of the City.

(Sec. 3.120, E.T.C., as added by Ord. 71-03)

(a) Vicious Animals Prohibited. It shall be unlawful to keep any vicious animal as defined in this section within the boundaries of the City of Emeryville, subject to a misdemeanor penalty as set forth in Section 1-2.01.

(b) Vicious Animals Defined. For the purposes of this section, any dog or other animal which has displayed any of the following behaviors is rebuttably presumed to be vicious:

(1) The dog or other animal has behaved in such a manner that the owner or person in control of the dog or other animal knows or should reasonably know that the dog or other animal has the propensity to bite human beings, or cause any other physical injury to persons.

(2) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause any physical injury to, a human being.

(3) The dog or other animal has caused substantial physical injury to a human being, including but not limited to a bite, requiring medical attention on the part of the victim.

(4) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause physical injury to, any other domesticated animal.

(5) The dog or other animal has caused the death of, or permanent physical injury to, any other domesticated animal.

(c) Rebutting the Presumption of Viciousness. For the purposes of this section, a dog or other animal presumed vicious under Section 6-1.107(b) may be found not to be a vicious animal under any of the following circumstances:

(1) The human being bitten or otherwise physically injured by the dog or other animal deliberately and intentionally provoked, tormented, teased, or abused the dog or other animal immediately prior to the infliction of the bite or other physical injury.

(2) The person bitten or otherwise physically injured by the dog or other animal was injured while committing a trespass upon the private property of the person in control of the dog or other animal.

(3) The human being bitten or otherwise physically injured by the dog or other animal committed an unprovoked assault or battery upon the person in control of the dog or other animal immediately prior to the infliction of the bite or other physical injury.

(4) The human being was bitten or otherwise physically injured by a professionally trained guard dog during the commission of a crime while on posted private property.

(5) The domesticated animal was permanently injured or killed by a dog or other animal while on the securely enclosed, fenced property of the person in control of the injuring dog or other domestic animal.

(6) The subject contact between the dog or other animal and the human being or domesticated animal did not suggest any vicious disposition in the dog or other animal.

(d) Police Dogs Exempt. A dog assisting a peace officer engaged in law enforcement duties shall be exempt from the provisions of this section.

(e) Persons Conducting Themselves Peaceably and Lawfully.

(1) For the purposes of this section, a person is peaceably and lawfully upon the private property of another when he is on such property in the performance of any duty imposed upon him by the laws of this State or City or County, or the postal regulations of the United States or when he is on such property upon invitation, expressed or implied.

(2) The presumption of viciousness shall not be deemed rebutted if the person attacked was conducting himself peaceably and lawfully while on the property of the owner or person in control of the dog or other animal.

(f) Initiation of a Vicious Animal Determination Hearing.

(1) The Animal Control Officer designated by the City of Emeryville and/or an officer of the Emeryville Police Department shall promptly investigate any report to the Police Department of an incident involving the infliction of a bite or any other physical injury upon a person or any domesticated animal within the City.

(2) If the Animal Control Officer and/or the Police Officer finds after investigation and inspection that there are reasonable grounds to believe a dog or other animal is vicious under the criteria established under Section 6-1.107(b), the Animal Control Officer or the Police Officer shall so certify in writing to the Police Chief.

(3) If the owner or person in control of the dog or other animal subject to the investigation is absent or otherwise refuses to cooperate with the investigation, then the Animal Control Officer and/or the Police Officer shall so certify in writing to the Police Chief.

(4) Upon the receipt of certification pursuant to subsection (f)(2) or (f)(3) above, the Chief of Police shall schedule a time and place for a vicious animal determination hearing regarding the subject dog or other animal as soon as is reasonably possible. The hearing shall be scheduled no more than ten (10) days from the receipt of the certification.

(g) Isolation Prior to Hearing. Following the scheduling by the Chief of Police of a vicious animal determination hearing, the Police Department shall inform the owner or person in control of the dog or other animal in writing that the subject animal must be properly isolated pending the final outcome of the vicious animal determination hearing process. Failure to isolate the animal may, at the discretion of the Chief of Police, lead to summary seizure and impoundment under Section 6-1.107(h). The owner or person in control of the animal must isolate the dog or other animal by:

(1) Securing the dog or other animal upon the property of the owner or person in control of the animal in such a way as to ensure the protection of persons and domesticated animals from the dog or other animal; or by

(2) Placing the animal in a commercial kennel at the expense of the owner or person in control of the animal; or by

(3) Removing the animal from the City.

(h) Summary Seizure and Impoundment.

(1) Notwithstanding any other provision of this section, the Chief of Police may order a Police Officer or Animal Control Officer to summarily seize and impound a dog or other animal prior to a vicious animal determination hearing when the Chief of Police has determined that the dog or other animal poses an immediate or substantial threat to the public welfare. Impoundment shall continue pending the final outcome of the vicious animal determination hearing process under this section.

(2) A Police Officer or Animal Control Officer is hereby deemed authorized to enter onto private property for the exclusive purpose of summarily seizing and impounding a dog or other animal when directed to do so by the Chief of Police consistent with the terms of this section.

(3) All impoundment costs are to be assessed to the owner or person in control of the dog or other animal in a manner consistent with that established in Section 6-1.107(n).

(i) Duty to Inquire. Any person who owns or controls a dog or other animal has a duty to make inquiry of the Emeryville Police Department or other appropriate County agency to learn if the dog or other animal has been impounded, whenever a dog is known to have been missing from the person's property for more than two (2) hours and that person has not received notice subject to Section 6-1.107(j).

(j) Notice of Summary Impoundment.

(1) Whenever the owner or person controlling a dog or other animal is not present at the time a dog or other animal is summarily seized and impounded, the seizing Police Officer and/or Animal Control Officer shall post a notice of impoundment on the front door or other appropriate place at the residence of such person, which notice shall state:

(i) That the dog or other animal has been impounded;

(ii) Where the dog or other animal is being held;

(iii) The name, address, and telephone number of the agency or person to be contacted regarding release of the dog or other animal;

(iv) The consequences of not requesting a hearing within seventy two (72) hours of the dog or other animal's seizure, as specified in Section 6-1.107(k);

(v) The requirements for pre hearing release of the dog or other animal as specified in Section 6-1.107(k).

(2) If the owner or controller of the dog or other animal is present at the time of seizure, that person shall be given a written notice containing the information specified above.

(k) Post-seizure Request for Vicious Animal Determination Hearing.

(1) If the owner or controller of a dog or other animal seized under the provisions of Section 6-1.107(h) seeks to have the dog or other animal released from impoundment, that person must request a vicious animal determination hearing. Such a request must be received by the Police Department within seventy-two (72) hours of the seizure.

(2) The seventy two (72) hour period does not include any day that the impounding facility is closed to the public.

(3) If no request is made by the owner or controller of the dog or other animal within seventy two (72) hours, the dog or other animal may be destroyed or otherwise disposed of in accordance with law.

(4) Upon the scheduling of a vicious animal determination hearing, the Chief of Police may order the release of the impounded dog or other animal, so long as the owner or person in control of the animal agrees to comply with the provisions of Section 6-1.107(g).

(l) Vicious Animal Determination Hearing – Notice to Owner.

(1) The Police Department shall deliver notice of the vicious animal determination hearing by mail to the owner or person who has an apparent right to control the dog or other animal at the place where the dog or other animal is kept or maintained, at least seven (7) days prior to the date set for a hearing.

(2) As an alternative to sending such notice by mail, the Police Department may either deliver a copy of the notice by personal service to an adult at the address where the animal is kept and maintained or post such notice prominently at that address at least five (5) days prior to the date of the hearing.

(3) In the event that the owner of the property on which the animal is kept and maintained is listed in the real property records as residing elsewhere, a copy of the notice shall also be mailed to the record owner of the property at the other address in the same manner as if she or he were the owner of the animal.

(4) The notice shall be in substantially the following form:

(m) Vicious Animal Determination Hearing Procedure.

(1) A Hearing Officer appointed by the Chief of Police shall preside at the vicious animal determination hearing. At the hearing both oral and documentary evidence shall be taken and considered by the Hearing Officer bearing upon the question of whether the dog or other animal is vicious under subsections (b) through (f) of Section 6-1.107. The dog or animal owner or person who has a right to control the dog or animal and the Animal Control Officer, Police Officers, or Chief of Police may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(2) Once the Animal Control Officer, Police Officer, or Chief of Police have presented evidence of the dog or other animal's viciousness, the burden of going forward shifts to the owner or person in control of the dog or other animal to rebut the presumption as specified in Section 6-1.107(c).

(3) At the discretion of the Hearing Officer, the hearing may be continued. No hearing shall be continued without the owner or person in control of the animal providing proof to the Hearing Officer that the animal will continue to be isolated in a manner consistent with that established under Section 6-1.107(g).

(4) If the Hearing Officer finds that the dog or other animal is vicious, he shall so specify in writing together with particular findings of fact. Any animal found to be vicious shall be deemed to be a public nuisance, and shall be, pursuant to the order of the Hearing Officer, destroyed, removed from the City, or otherwise abated.

(5) The decision of the Hearing Officer may be appealed by any interested party to the Superior Court. In order to facilitate the appeal, the Hearing Officer shall stay the effect of his or her decision upon request for up to fifteen (15) days, provided that the person owning or controlling the dog or other animal demonstrates to the satisfaction of the Hearing Officer that the dog or other animal will continue to be isolated or impounded and a bond in the amount of the per diem cost of impoundment is paid.

(n) Cost of Abatement Paid by Owner.

(1) The cost of abating a vicious dog or other animal shall be paid by the owner or person in control of the dog or other animal and shall become a lien against the property upon which the animal is kept and maintained until said assessment is paid.

(2) The assessment shall be paid on or before the 15th day of July following its imposition. If the assessment is not paid on or before that date, the total amount due shall be entered as a lien against the property of the owner of the property where the dog or other animal was maintained and shall be subject to the same penalties as are provided for other delinquent assessments as provided in Sections 6-2.10 and 6-2.11 of the Emeryville Municipal Code.

(3) In the event that legal action is necessary to collect said assessment, the owner or controller of the dog or other animal shall pay all the expenses thereof including but not limited to reasonable attorney's fees incurred by the City.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 1, Ord. 90-19, eff. Jan. 17, 1991; Sec. 3.13, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011)

No animal which is not a domestic pet shall be kept within the City without first obtaining a permit from the Police Department or other authorized licensing authority.

(Sec. 3.103, E.T.C., as added by Ord. 71-03)

(a) All animals shall be kept in a clean and sanitary condition and without disease.

(b) All animal quarters shall be at least twenty feet (20') away from any inhabited building.

(c) All areas in which animals are kept shall be clean and sanitary at all times.

(Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Sec. 3.100, E.T.C., as added by Ord. 71-03)

No animal infected with a contagious or infectious disease shall be allowed to remain in the City; nor shall such animals be shipped or removed from the premises of the owner except under the supervision of the Director, the Chief of Police, the Health Officer, or a licensed veterinarian.

(Sec. 3.104, E.T.C., as added by Ord. 71-03)

It shall be a violation of this Code for any person to feed any animal not owned by him, except on the premises of the owner and with the consent of the owner. No person shall expose any garbage or food to any animal.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.102, E.T.C., as added by Ord. 71-03)

It shall be a violation of this Code for any person to establish or maintain any place where more than two (2) animals are kept for more than two (2) months within the City unless a permit is first obtained from the City.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.11, E.T.C., as added by Ord. 71-03)

It shall be a violation of this Code for any person owning or having under his control any animal to permit such animal to be at large within the City unless such animal is securely restrained by a substantial leash and is in the charge and control of a competent person.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.10, E.T.C., as added by Ord. 71-03)

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog or animal used by the County Sheriff or by the Police Department in the performance of the functions or duties of such department. No person shall interfere with or meddle with any such dog while being used by such department, or any member thereof, in the performance of any function or duty of such department or of such officer or member.

(Sec. 3.53, E.T.C., as added by Ord. 71-03)

It shall be a violation of this Code for any person to display, sell, offer for sale, barter, or give away in the City any reptile or live baby chick, rabbit, duckling, or other fowl as a pet or novelty, whether or not dyed, colored, or otherwise artificially treated; provided, however, the provisions of this section shall not be construed to 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 fowl to be raised or sold for food purposes.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.123, E.T.C., as added by Ord. 71-03)

No animal should be kept by any person in the City which may unjustly affect the health and safety of any neighborhood or of any person.

(Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011)

(a) Disturbing the Peace. No person owning, keeping, or having in his care or custody any dog or other animal shall knowingly permit such dog or animal, by barking or other noise or sound, to disturb the peace and quiet of any other person. The provisions of this section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet such dog whenever it barks and provided such keeper never leaves such dog unattended on the premises in a place where the barking, if prolonged or if repeated any undue number of times, disturbs the peace and quiet of any other person.

(b) Disturbing the Peace: Notices: Compliance. No person, after being informed orally or in writing by an authorized City official that his dog or other animal has disturbed the peace and quiet of any other person by barking or other noise or sound, shall fail, refuse, or neglect to take whatever steps or use whatever means are necessary to assure that such dog or animal does not again disturb the peace and quiet of any other person.

(c) Private Property. It shall be a violation of this Code for any person owning or having under his control any animal to permit such animal to damage or destroy the plants or property of another person or to defecate or commit a nuisance on the property of another person.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Secs. 3.14 and 3.15, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Ord. 81-07, eff. Nov. 19, 1981)

It shall be a violation of this Code for any person to violate any provision or to fail to comply with any requirement of this chapter. In addition to any of the penalty provisions set forth in this chapter, any person violating any provision of this chapter shall be subject to administrative citation pursuant to Chapter 7 of Title 1.

(Sec. 2, Ord. 23-003, eff. Nov. 16, 2023; Sec. 3.140, E.T.C., as added by Ord. 71-03, as amended by Ord. 81-07, eff. Nov. 19, 1981)