Fremont Municipal Code Art. V Maintenance of Potentially Dangerous Dog

It is unlawful for any person to possess or maintain a potentially dangerous dog in violation of this chapter. (Ord. 16-2018 § 1, 6-5-18.)

The animal services manager may impose any or all of the following requirements upon the maintenance of a potentially dangerous dog:

(a) A potentially dangerous dog must be muzzled and leashed, as specified under Section 6.60.300, when it is on any public street or in any other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project unless the dog owner or person with a right to control the dog has obtained the consent of the owner or person in control of the private place or property or common area of the planned development, cluster, townhouse, or condominium project.

(b) A potentially dangerous dog must be spayed or neutered.

(c) A potentially dangerous dog is subject to potentially dangerous dog permit tag requirements under Section 6.60.170.

(d) The dog owner or person with a right to control the dog must seek preapproval from the animal services manager for a dog obedience class and attend the dog obedience class with the potentially dangerous dog. (Ord. 16-2018 § 1, 6-5-18.)

If required by the potentially dangerous dog permit, a potentially dangerous dog must be securely confined at all times by one of the following means:

(a) Outdoors.

(1) The dog must be confined by means of a securely enclosed escape-proof, locked kennel or pen. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen must be constructed in a manner and of such material so that it cannot be broken down by any action of the confined dog. All structures used for confinement of potentially dangerous dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free.

(2) The supporting posts of the structure must be set in concrete or other material not less than two feet into the ground and no further than six feet apart. The sides and ends of the structure must be constructed of solid boards or chain-link material not less than six feet in height and securely fastened to the top and bottom of the structure. The structure may not be constructed or maintained in any front or required side yard and must be maintained in a sanitary condition at all times. The dog(s) confined therein must be afforded adequate protection from the elements and kept in a humane manner in compliance with Chapter 6.10, Article II.

(3) The escape-proof, locked kennel or pen may not be located in a yard enclosed by a fence of less than six feet high.

(b) Indoors. The dog must be confined by means of a house, apartment, building, or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of either the owner or person with a right to control the dog. (Ord. 16-2018 § 1, 6-5-18.)

(a) No person may bring a potentially dangerous dog to a place that does not meet the confinement requirements of the potentially dangerous dog permit, even temporarily, unless the dog is securely muzzled and leashed in accordance with this section, if required by the potentially dangerous dog permit.

(b) The leash must:

(1) Not exceed three feet in length;

(2) Be capable of restraining four times the weight of the dog; and

(3) Be attached to an escape-proof commercial quality walking harness that fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog.

(c) The dog must be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance.

(d) The dog must be under the direct physical control of a person 18 years old or older who is physically capable of restraining the dog.

(e) The animal services manager may require the use of potentially dangerous marked or colored leash and collar or harness for identification of potentially dangerous dogs. (Ord. 16-2018 § 1, 6-5-18.)

The dog owner or person with a right to control the dog must post sign(s) advising of the presence of a potentially dangerous dog at every entrance to the property wherein any potentially dangerous dog is confined. The dog owner or person with a right to control the dog must obtain the signs from the animal services manager. A fee may be charged for the signs as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

(a) A potentially dangerous dog must be transported in a locked animal carrier equivalent in construction quality to those used by commercial air carriers.

(b) A potentially dangerous dog may not be unconfined or unattended in or about any motor vehicle. (Ord. 16-2018 § 1, 6-5-18.)

(a) If required by the potentially dangerous dog permit, no person may keep, have, or maintain, sell, trade, or let for hire a potentially dangerous dog unless that person has a public liability insurance policy from an insurer licensed to practice in the state of California, in a single incident amount of not less than $100,000 for each such dog, for injury to or death of any person or persons, or loss or damage to any property, caused by or resulting from any act of such dog.

(b) The owner or the person with a right to control the potentially dangerous dog must provide written notice to the animal services manager of any cancellation or material change in the insurance within five days of service of notice from the insurer. Service may be personally served or by first-class mail, postage prepaid. In case of such cancellation or material change, the dog owner or the person with a right to control the dog must, at the time of the written notice to the animal services manager, also provide the animal services manager written assurance stating that the person will obtain other insurance to meet the requirement of this section. If no alternate insurance can be found before the current insurance coverage ends, then the person must remove the dog from the city, surrender the dog to the animal services manager or otherwise dispose of the dog in accordance with state law. (Ord. 16-2018 § 1, 6-5-18.)

The owner or person with a right to control a dog that is subject to a potentially dangerous dog permit must, at his or her own expense, have a microchip inserted into the dog within 20 days of the designation as a potentially dangerous dog for identification purposes. The owner or person with a right to control the dog must provide the animal services manager with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog. (Ord. 16-2018 § 1, 6-5-18.)