Chapter 6.04 — ANIMAL CONTROL REGULATIONS GENERALLY

This Title shall be known as the animal control ordinance.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.01 (part))

For the purpose of this Title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

"Adoption group" means an entity or collaboration of individuals with at least one (1) of its purposes being the sale or placement of animals that have been removed or diverted from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter.

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

"Animal" means any mammal, bird, reptile, fish, amphibian, or any other non-human creature.

"Animal quarters" means the premises and all buildings, hutches, pens, coops, yards, and their appurtenances used for the keeping of animals.

"At large" means a dog or other owned, domesticated animal other than a domestic altered cat off the premises of its owner and not under restraint by leash, or chain, or not otherwise controlled by a competent person.

"Bullhook" or "Ankus" means any instrument or device consisting of a spike, hook, or any combination thereof, attached to a shaft or handle made of wood, fiberglass, metal, or other solid or flexible material.

"Cause a Performance" means to be responsible for the management of a performance even if such management does not result in financial benefit to any person, to financially benefit as an owner or operator from a performance, or to sponsor a performance even if no financial benefits are derived from such sponsorship.

"Circus" means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or a principal part of the performance.

"Foster" means a person who is willing to temporarily take and care for an animal until the time that animal becomes suitable for adoption or other disposition as recognized by an adoption group and/or animal shelter management.

"Fowl" means a bird of a type that is used or kept for eggs or meat, generally in the order Galliformes or Anseriformes, including chicken, ducks, geese, and turkey. Domestic fowl are also commonly referred to as poultry.

"Horse" means and includes mule, burro, pony, jack, hinny, or jenny.

"Kennel" means any person, firm or corporation engaged in breeding, buying, selling, distributing or boarding dogs and/or cats.

"Livestock" includes cattle, sheep, swine, goats, equines, llamas, alpacas, and other domestic animals typically raised or kept for commercial or agricultural purposes, excluding household pets and fowl.

"Owner" means a person having the right of property or custody of an animal, or who keeps or harbors a domestic animal or knowingly permits a domestic animal to remain on or about any premises occupied, owned, or controlled by that person for fifteen (15) or more consecutive days.

"Performance" means any showing, presentation, display, exposition, fair, act, circus, ride, trade show, carnival, parade, race, photographic opportunity, exhibition, or similar undertaking in which animals are required to appear, perform tricks, fight, or participate as accompaniments. "Performance" shall not include:

"Rodeo" as defined in California Penal Code Section 596.7; and

Nonprofit educational or scientific events, such as academic conferences and children's wildlife outreach events sponsored by a school or museum.

"Person" means and includes any person, partnership, corporation, trust, association of persons, or entity or organization.

"Pet shop" means any person, firm, corporation, entity, organization or group of individuals operating an establishment where live animals and/or birds are kept for sale, for hire, or sold.

"Service dog" means a dog that is individually trained, or is in the process of being trained, to do work, perform tasks, or provide other assistance for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, as defined by the Americans with Disability Act, 42 U.S.C. 12101 et seq. As used herein, "service dog" is inclusive of guide dogs and signal dogs. "Service dog" does not include emotional support animals as defined by State law.

"Unlicensed dog" as used in this Title means a dog for which the license for the current year has not been paid.

"Wild animal" means any animal not ordinarily and customarily domesticated, including, but not limited to, birds, skunk, raccoon, opossum, squirrel, fox, coyotes, etc.

Whenever any reference is made to any portion of this Title, such reference applies to all amendments and additions thereto now or hereinafter made.

The present tense includes the past and future tenses and the future tense includes the present tense.

The singular number includes the plural and the plural, the singular.

Whenever a power is granted to, or a duty is imposed upon Oakland Animal Services, the power shall be exercised or the duty shall be performed by the Senior Animal Control Officer and/or the Animal Control Officer, or by any person or organization, its officers, agents, and employees, designated by contract or otherwise to enforce this Title.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. No. 13583, § 2, 2-18-2020; Ord. No. 13280, § 2, 12-16-2014; Ord. 12705 § 1, 2005: Prior code § 3-9.01 (part))

A.

Except as provided in Section 6.04.030 F., the owner of each dog four (4) months old or older shall obtain, and keep current, a dog license from the City for the privilege of having and keeping such dog in the City. Owners must obtain a license within thirty (30) days of either acquiring the dog or taking up residence in the City, whichever is later.

B.

Conditions. To obtain a license, the owner must register the dog with Oakland Animal Services, pay a license fee, and submit proof of compliance with rabies vaccination and microchip requirements as provided in Section 6.04.050.

C.

Term of License. The term of all dog licenses shall commence on the date the license fee is received and shall expire on the last day of the month during which the dog's rabies vaccine expires.

D.

Tag and Registration. The City shall issue a metal tag plainly inscribed with the words "Oakland Dog License" and bearing the license number. The City shall enter in a register kept for that purpose the name and address of the dog owner or person to whom the license is issued, a description of the dog, and the number and date of the license. Every dog shall wear a harness or collar with the dog's registration tag attached thereon, except while such dog remains in the dwelling of the owner or guardian or in an enclosed yard adjacent thereto. It is unlawful to make, use, or possess a counterfeit or imitation tag required by this Section, or to take or remove the tag of another dog.

Potentially Dangerous and Vicious Dogs. A finding or determination that a dog is a potentially dangerous or vicious dog as defined by Chapter 6.08 or pursuant to State law shall be included in the dog's license

records. Such dogs shall wear a distinctive tag issued by the City in addition to the regular license tag.

E.

License Fees. Except as herein provided, the owner of every dog over the age of four (4) months shall pay a license fee for each dog in an amount set forth in the City's Master Fee Schedule.

Reduced Fee. If the owner presents identification showing that the owner is sixty (60) years of age or older, the fee for said license shall be less than the regular fee. If the owner presents documentation from a licensed veterinarian confirming that the dog has been spayed or neutered, the fee for said dog license shall not exceed fifty (50) percent of the regular license fee.

Exemption for Service Dogs. The license fee shall not apply to any service dog, as defined by this Title, actually being used by a person with a disability or where state law otherwise so requires.

Additional Fee for Potentially Dangerous or Vicious Dogs. The owner of any dog determined to be potentially dangerous or vicious as set forth in Chapter 6.08 or pursuant to State law shall pay an additional annual fee in addition to the regular licensing fee to account for the additional costs of regulation.

Late Penalty. Dog owners who fail to acquire a license within the time period required by O.M.C. 6.04.030A and/or who fail to renew a license within thirty (30) days after the license expires are subject to a late penalty, which shall be the same for all owners.

F.

Exceptions. The provisions of this Title requiring a dog license shall not apply to the following:

Dogs owned by, or in the charge or care of, nonresidents of the City who are traveling through the City or temporarily sojourning therein for a period not exceeding thirty (30) days;

Dogs brought to the City exclusively for the purpose of entering the same in a dog show, performance, or exhibition and entered for and kept at any dog show, performance, or exhibition;

Dogs owned by nonresidents of the City, when such dogs have been regularly licensed in accordance with the laws of the place of residence of such owner and are wearing a harness or collar with a tag evidencing the existence of an unexpired license for such dog in the place of residence of such owner.

Dogs held in the temporary custody of an incorporated humane society or approved animal rescue organization for the purpose of sale or adoption.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.02)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.040, which pertained to veterinarian's responsibilities, and derived from the prior Code § 3-9.03(a).

As a condition for the issuance of a dog license, all applicants for such license shall procure and cause to be delivered to Oakland Animal Services a certificate issued by a duly licensed veterinarian, certifying that each dog to be licensed has been administered an anti-rabies vaccination sufficient to immunize said dog against rabies for the current license period and has had a microchip implanted.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. 12705 § 2, 2005: Prior code § 3-9.05)

The owner or guardian of any dog required to be licensed by this Chapter shall, upon transfer of the dog to a new owner, provide the new owner with a current valid license and information regarding the dog's vaccination status, update microchip information, and notify Oakland Animal Services within thirty (30) days of the name and contact information of the new owner if the dog is to remain within the City for more than thirty (30) consecutive days.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.06)

Editor's note— Ord. No. 13858, § 2(Exh. A), adopted Sept. 15, 2025, amended the title of § 6.04.060 to read as herein set out. The former § 6.04.060 title pertained to keeping dogs not licensed, registered and tagged.

It is unlawful for any person owning or having charge, care, control, or custody of any dog, hereinafter referred to as a "dog guardian," to cause, allow or permit such dog, whether licensed or unlicensed, on or upon any public street, alley or other public place, except as expressly set forth below in this Section.

A.

Leashed. All dogs shall be leashed and securely and continuously held by a responsible person when on public property. All dog guardians must keep the dog securely on a leash extending no further than six (6) feet away from the guardian, and the leash must be securely attached to a collar or harness. Dogs may only be off leash in public in designated off-leash areas as further provided in Section 6.04.080. Dogs left unattended and attached to any stationary object on public property for more than fifteen (15) minutes are considered at large. Service dogs and dogs authorized for use by the City or other government personnel

for special purposes are exempt from the provisions of this Section to the extent that compliance would interfere with the normal performance of the dog's duties.

B.

Dogs in Vehicles. In accordance with California law (Penal Code Section 597.7(a)), dog guardians are prohibited from leaving dogs unattended in vehicles under conditions that endanger the health or well being of the dog due to heat, cold, lack of adequate ventilation or lack of food or water, or other circumstances that could result in, or be expected to cause, suffering, disability or death to the dog.

C.

Nuisance. Dog guardians shall maintain control of dogs at all times to prevent the dog from trespassing onto private property, obstructing access to any public or private area, harming or damaging any person or other animal, or committing a public nuisance as further provided in Section 6.04.310.

D.

Picking-up. All dog guardians shall immediately remove their dog's feces from any public or private property, other than the dog guardian's private property or other private property on which they have permission, and then shall dispose of the waste matter in an appropriate trash receptacle. The City of Oakland encourages the use of biodegradable disposable bags for this purpose.

E.

Enforcement. A violation of the above Subsections A.—D. is an infraction as defined at Section 1.28.020 B. This subsection E. is enforceable by the Animal Control Supervisor and other authorized City of Oakland employees. See Section 1.24.020 A. Offenders are subject to fines.

F.

Fine Schedule. A first offense shall be punishable by a fine of fifty dollars ($50.00), a second offense within a period of one (1) year shall be punishable by a fine of one hundred dollars ($100.00), and a third or subsequent offense within a one (1) year period shall be punishable by a fine of five hundred dollars ($500.00). As set forth at Section 1.28.020 B., "any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. 12835 § 1 (part), 2007; prior code § 3-9.07)

A.

Except as provided below, it is unlawful to permit or allow any dog to be in a public park, school yard, playground or other place controlled by the Department of Parks, Recreation, and Youth Development or the Board of Education except for in designated areas.

Permitted On-Leash Areas. Dogs are allowed on-leash only in the following designated parks: Joaquin Miller Park excluding the amphitheater, Leona Park east of Mountain Boulevard, Dimond Park, Knowland Park east of Golf Links Road, the Montclair Railroad Trail, Mosswood Park, Jefferson Square Park, Snow Park, Athol Park, Pine Knoll Park, Mandana Plaza, Grove Shafter Park, Hardy Park, Rockridge-Temescal Greenbelt, Union Point Park, Eastshore Park, Oak Glen Park, and Lakeside Park.

Permitted Off-Leash Areas. Dogs are permitted off-leash in the following designated off-leash areas: Estuary Park, South Prescott Park, Park Boulevard Plaza, Glen Daniel/King Estates Park, and the Hardy Park, Mosswood Park, Grove Shafter Park, Jefferson Square Park, and Joaquin Miller Park fenced dog play areas.

B.

Additional designated areas may be added as authorized in writing or resolution by the Parks and Recreation Advisory Commission and then as amended herein.

C.

The restrictions contained herein shall not apply to service dogs actually being used by persons with disabilities, nor to dogs authorized for use by the City or other government personnel for special purposes.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. No. 13220, § 1, 4-1-2014; Ord. No. 12997, § 1, 2-16-2010; Ord. No. 12910, § 1, 1-6-2009; Ord. 12834 § 1, 2007; Ord. 12811 § 1, 2007; Ord. 12748, 2006; Ord. 12296, 2000; Ord. 12032, 1998: prior code § 3-9.07(b))

6.04.090, 6.04.100 - Reserved.

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed §§ 6.04.090 and 6.04.100, which pertained to dogs excepted from license requirements, and transferring, counterfeiting and removing dog tags, and derived from the prior Code §§ 3-9.08 and 3-9.09.

The owner of any animal who resides in Oakland may surrender said animal to Oakland Animal Services for the purpose of euthanasia or placement for adoption and, upon payment of the current service fee and subject to shelter capacity, Oakland Animal Services may accept such animal and determine whether the animal shall be made available for adoption, transferred to another organization, or humanely euthanized.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.091)

A.

Dogs and cats over the age of four (4) months are required to be spayed or neutered in the following circumstances:

Cats permitted or otherwise capable of roaming off the private, enclosed property of their owner or guardian, unless a California licensed veterinarian has certified in writing that the cat is medically incapable of reproducing.

Dogs and cats sold, adopted, or transferred to a new owner by Oakland Animal Services, a humane society, or other animal rescue organization as required by California Food and Agriculture Code Sections 30503, 31751.3.

Dogs determined to be potentially dangerous or vicious pursuant to Chapter 6.08.

Dogs impounded after being found running at-large or otherwise contrary to the provisions of this Chapter, as further provided in Section 6.04.220.

The dog or cat's owner has been cited on two (2) or more occasions within a twenty-four-month period for violation of any State or local law relating to the care and/or control of animals.

The dog or cat's owner has been cited for violation of any State or local law regarding the sale, transport, or breeding of animals, including, but not limited to, the requirements set forth in Section 6.04.360.

Oakland Animal Services has received two (2) or more verified complaints in the preceding twelve-month period alleging that the owner has permitted the dog to run at large or escape in violation of Section 6.04.070. In such cases, any notice or order issued by Oakland Animal Services requiring the dog be spayed or neutered shall provide the owner with a reasonable opportunity for a hearing to contest the underlying allegations supporting such notice or order.

B.

Exceptions. Notwithstanding the above, a dog or cat is not required to be spayed or neutered if a California licensed veterinarian has determined that such procedure is unsafe for the animal due to a permanent and serious medical condition, including, but not limited to, severe cardiovascular compromise, bleeding disorder, respiratory disease, and hepatic disease.

C.

Enforcement. Except for animals required to be spayed or neutered pursuant to Subsections A.2.—A.4. above, any citation or notice issued by the City based on violation of this Section shall first provide the

owner with at least thirty (30) days to come into compliance with the provisions herein prior to the assessment of any fines. Failure to submit proof that the animal has been spayed or neutered or is exempt from the requirements herein within the time period required in the citation or notice shall result in the assessment of fines.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.101)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.130, which pertained to exemption from payment of dog license fees, and derived from the prior Code § 3-9.11.

If any person shall furnish evidence satisfactory to the Director or their designee that such person, by reason of financial hardship, merits exemption from the payment of any fees or charges provided for by this Title, the City may waive all or part of the payment of any such fees or charges, provided that such application for waiver from payment shall be presented within three (3) days after such fees or charges are demanded. Any fees or fines assessed based on violation of any part of this Chapter are considered penalties and are nonwaivable.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.12)

Editor's note— Ord. No. 13858, § 2(Exh. A), adopted Sept. 15, 2025, amended the title of § 6.04.140 to read as herein set out. The former § 6.04.140 title pertained to exemption from dog licenses and charges.

6.04.150—6.04.170 - Reserved.

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed §§ 6.04.150—6.04.170, which pertained to examination and isolating of "seeing eye dogs," "service dogs" and "signal dogs" that bite, examination and isolating of law enforcement dogs that bite, and rabies epidemic, and derived from the prior Code §§ 3-9.12(a), 3-9.12(b), and 3-9.13.

Any person or persons in any manner interfering with any officer of the City in the discharge of the duties prescribed in this Title shall be deemed guilty of an infraction.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.14)

It is unlawful for any persons to establish or maintain any institution or place where more than five (5) dogs are kept for sale or boarded within one hundred (100) feet of any residence, dwelling, church, school, or public building.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.15)

It is unlawful for any owner or guardian of any animal to allow or permit the same to run at large in the City, or to pasture or herd or stake or tie the same for the purpose of grazing, in any public street, lane, alley, court or other public place or grounds belonging to, or under the control of, the City, or upon any private property within the City, unless with the consent of the owner or occupant of such property. For purposes of this Section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof, so long as it does not pose a risk to the health or safety of the dog or the public. Animals found at large are subject to impound.

Dogs that have strayed from but then returned to the private property of its owner or guardian are subject to citation. If an at-large dog returns to the private property of its owner or guardian but the owner or guardian is not home, such dog may be impounded upon the posting of notice required by California Government Code Section 53074.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.16)

A.

Any person or entity who finds and/or takes possession of a live stray domesticated animal whose owner is unknown or who cannot immediately be contacted shall notify Oakland Animal Services as soon as reasonably possible, not to exceed eight (8) hours after finding and/or taking possession of such animal. Notice to Oakland Animal Services shall include:

A physical description and/or a photograph of the animal, along with any other identifying information found on or with the animal;

The location where such animal was found;

The location where such animal will be held; and

The name and contact information of the person in possession of the animal.

B.

If the stray animal is a dog, the person or entity who finds and takes possession of the animal shall, in addition to providing the above required notice, have the dog scanned for a microchip as soon as reasonably possible by either bringing the dog to Oakland Animal Services or to another facility capable of performing such scans. If the dog has a microchip, the person or entity having possession of the found dog shall report the microchip number to Oakland Animal Services in addition to the notice required by Subsection A.

C.

In addition to providing the notice required by Subsections A. and B., a person or entity who finds and takes possession of a live stray domesticated animal whose owner is unknown or who cannot immediately be contacted shall:

Comply with all State and local laws regarding the proper care and treatment of animals.

Immediately deliver the animal to Oakland Animal Services, or the animal's lawful owner, upon demand therefor.

Provide the animal's owner, if known, with prompt notice of any action or proceeding that would adversely impact the owner's interest in the animal in compliance with State law.

D.

If the owner of the found animal is unknown, and the person or entity who finds and takes possession of the animal is unable or unwilling to care for the animal, Oakland Animal Services shall take the animal into custody.

E.

For purposes of this Section, Oakland Animal Services may authorize the East Bay Society for Prevention of Cruelty to Animals (EBSPCA) and/or another designated entity to receive notice and/or delivery of the found stray animal on Oakland Animal Services' behalf, in which case the duties of finders of stray animals imposed by this Section shall be satisfied upon notice and/or delivery to such designated entity. Any entity authorized to receive found animals on the City's behalf shall provide the City with the notice required by this Section.

F.

Nothing contained in this Section is intended to replace or negate the obligations or liability of finders and depositaries otherwise established by State law.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025)

A.

Impoundment. The following animals are subject to impound:

Animals found at large in violation of O.M.C. 6.04.200.

Nuisance animals pursuant to O.M.C. 6.04.310.

At-large dogs that have strayed from but then returned to the private property of their owner or guardian, but the owner or guardian is not home, pursuant to California Government Code Section 53074.

Animals required to be quarantined, isolated, or inspected in conjunction with any State law regarding the control of communicable disease, when necessary to protect or preserve public health because the owner is unable or unwilling to keep the animal safely confined or make the animal available for examination as required by State law.

Animals seized or impounded pursuant to California Penal Code Section 597.1.

Dogs seized pending a hearing pursuant to O.M.C. 6.08.090 because probable cause exists to believe that the dog poses an immediate threat to public safety.

Animals taken into custody pursuant to California Civil Code Section 1816 et seq. (involuntary deposit).

B.

Notice to Owner. When an animal is impounded, Oakland Animal Services shall immediately notify the owner thereof. Such notice shall include the date by which the owner must redeem the animal and/or take other action necessary to avoid forfeiture or any other proceedings adverse to the owner's interest in the animal.

If the animal is seized from private property, notice of seizure shall be posted at the location from which the animal was seized in addition to the notice of impound required by this Section.

If the owner of an impounded animal cannot be identified or located despite reasonable efforts, Oakland Animal Services shall provide constructive notice by posting the same in a publicly accessible location reasonably likely to afford notice to the public at large of the animal(s) in custody. Notice posted at the physical shelter location and the shelter's website shall satisfy the requirement for constructive notice authorized by this Subsection but shall not relieve Oakland Animal Services of the duty to provide individual notice to animal's owner if known.

An owner who fails to redeem an impounded animal or take other action necessary to avoid forfeiture as stated in the notice by the date contained therein shall be deemed to have abandoned the animal.

C.

Holding Period. The length of time Oakland Animal Services shall be required to hold an impounded animal to allow for owner redemption shall depend on the basis for impoundment.

Except as provided in Section 6.04.210 F. or as otherwise required by law, animals impounded after being found at large shall be held for no less than seventy-two (72) hours to allow for owner redemption.

When the State or local law authorizing seizure and/or impoundment of an animal is silent as to a prescribed minimum holding period, Oakland Animal Services shall provide the owner with a reasonable amount of time to redeem the animal, in no case less than that required for an animal at large. In such cases, absent exceptional circumstances or other good cause, written notice providing an owner with at least five (5) days to redeem an animal or request an extension for good cause shall be considered reasonable.

The holding periods set forth herein or pursuant to State law shall be considered minimum holding periods. To allow individual owners as much time as possible to redeem an animal in custody, Oakland Animal Services shall extend the holding period for good cause and subject to shelter capacity, so long as doing so is in the best interests of the health and safety of the animal and does not negatively impact the health and safety of other animals at the shelter.

Holding periods shall be computed by excluding any day the shelter is closed.

D.

Fees, Costs, and Fines. The owner of an animal lawfully impounded by Oakland Animal Services shall be liable to the City for the expenses incurred by the City for the keeping and caring for the animal, including daily boarding fees and costs of any necessary medical care.

Such fees and costs shall constitute a lien on the animal and must be paid prior to redemption as further provided by Section 6.04.220. Owners remain liable to the City for fees and costs regardless of whether the animal is ultimately redeemed.

Failure of an owner to pay any fees and costs lawfully assessed against an animal in custody within ten (10) days after written demand therefor shall deem the animal abandoned.

Except for animals impounded pursuant to Subsection A.7. (involuntary deposit), the owner is also subject to an impound fine, the amount of which shall increase for each separate occasion the animal is impounded.

E.

Foster Placements. Animals in the custody of Oakland Animal Services may be temporarily housed in an approved foster placement during all or part of the required holding period. Foster placements are subject to the same minimal care requirements as if the animal were held at Oakland Animal Services. Fosters shall immediately deliver any such animal to Oakland Animal Services or the lawful owner thereof upon demand therefor. Dogs and cats held in foster placement shall be spayed or neutered prior to adoption by a new owner.

F.

Conflict with State Law. In the event that State law mandates a longer holding period than set forth herein, State law shall apply. Pursuant to California Constitution, Art. 13B, § 6 and California Government Code Section 17581(a), holding periods for stray and impounded animals as set forth in the California Food and Agricultural Code shall supersede the holding periods set forth herein if and when such mandates are funded by the California legislature. When State law holding periods are suspended, or if State law is otherwise silent as to a prescribed minimum holding period, the holding periods set forth in this Title shall apply.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.17)

A.

The owner or guardian of an animal impounded by Oakland Animal Services shall have a right to redeem (i.e., recover possession of) the animal prior to its sale, transfer, or euthanasia by complying with the following requirements:

Paying the fees and costs of impoundment, including daily boarding fees and costs of any necessary medical treatment.

Paying the impound fine (penalty), except for animals in custody pursuant to Section 6.04.210.A.7. (involuntary deposit).

Complying with licensing requirements as set forth in Section 6.04.030.

Having the animal spayed or neutered at the owner's expense as required by Section 6.04.120, except for animals in custody pursuant to Section 6.04.210.A.7. (involuntary deposit).

B.

Animals that have not been redeemed prior to expiration of the applicable holding period, or by such time as otherwise stated in a notice or demand to the owner if the animal was taken into custody by Oakland Animal Services other than as a stray, are deemed abandoned and may be placed for adoption, transferred, or humanely euthanized. Such animals may be spayed or neutered immediately upon expiration of the holding period, provided that doing so is determined by a California licensed veterinarian to be in the animal's best interest.

C.

The original/prior owner of an impounded dog or cat that has been spayed or neutered and/or made available for adoption after being deemed abandoned following the expiration of the applicable holding period shall retain the right to redeem the animal so long as it remains in custody.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.18)

Any animal which is not redeemed by its owner or possessor thereof within the time period provided for in Section 6.04.210, or the minimum holding period required by State law, whichever is longer, and any animal which has been surrendered by its owner to Oakland Animal Services may be placed for adoption.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.181)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.240, which pertained to impoundment period—determination of time, and derived from the prior Code § 3-9.182.

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.241, which pertained to spaying/neutering impounded animals prior to release, and derived from Ord. No. 12069, adopted in 1998.

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.250, which pertained to care of animals by the Animal Control Center, and derived from the prior Code § 3-9.19.

Any person possessing a dead animal shall dispose of it in a safe and sanitary manner. Upon the request of an owner or lawful possessor of a deceased animal within the City, Oakland Animal Services may remove and dispose of any such animal, subject to a fee.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.21)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.270, which pertained to taking up stray animals, and derived from an amendment during the 1997 codification; and the prior Code § 3- 9.22.

Oakland Animal Services shall make a true and correct report to the City Administrator on an annual basis, or upon the request of City Council, of the number and type of animals taken into custody or otherwise impounded by Oakland Animal Services during the reporting period and the disposition of such animals, including the number of animals transferred, adopted, euthanized, redeemed, or deceased.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.23)

It is unlawful for any person to raise, or keep, live chickens, ducks, geese or other fowl in any enclosure or yard on property occupied by an apartment house or hotel or in a business district in the City, except when such fowl or animals are kept within a bona fide produce market, commission house or store for purposes of trade and, while so kept, are confined in small coops, boxes or cages.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Amended during 1997 codification; Prior code § 3-9.25)

No person shall establish or operate a pet shop, kennel, or animal hospital without first obtaining a permit therefor from the City authorizing them to do so. It is unlawful for any person in the City to keep any animal in any animal quarters, kennel, animal hospital, or yard which is not at all times kept reasonably clean and sanitary to the satisfaction of the Animal Control Officer.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.26)

—Redeeming.

A.

It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the City any animal which creates a significant risk of injury to life or property, or which unreasonably interferes with the health, safety, welfare, or quiet enjoyment of inhabitants of the neighborhood in which the animal is kept or the general public.

B.

Prohibited nuisances include, but are not limited to, frequent running at-large, excessive noise, noxious odors, animals that cause unsanitary or dangerous conditions, destruction of public or private property not owned by the animal's owner, and chasing or interfering with persons or other domestic animals on public property.

C.

Dogs must be prevented from causing a nuisance by barking, howling, or yelping in a habitual, consistent, or persistent manner that continually disturbs the peace of the neighborhood. See O.M.C. 8.18.

D.

The keeping of more than three (3) livestock, as defined by this Title, on any one (1) premises without a conditional use permit where so required is a public nuisance. The keeping of more livestock than permitted by the terms of an authorized conditional use permit is also a public nuisance.

E.

Enforcement. The person who in any instance is engaged in enforcing the provisions of this Section shall utilize the citation method of enforcement if that procedure is reasonably and practicably available to abate the nuisance in preference to the summary abatement procedure of enforcement provided in Subsection F. below.

F.

If any nuisance described in this Section is of a continuing nature, and if no person owning or having custody of the animal is present, any person who is authorized to enforce the provisions of this Title and who personally perceives the nuisance may enter any premises where such animal is kept, other than a place of residence or closed garage or out-building, and summarily abate the nuisance in a reasonable and humane manner. If the nuisance cannot be abated in any other manner, the animal may be impounded and, if a clear and present substantial danger to human life or safety exists, the animal may be destroyed in the absence of other available means of restraint. A notice of impounding shall be affixed to the premises from which an animal is removed and a similar notice shall be provided to the owner of the animal. If the owner is unknown, a notice of impounding shall be mailed to the owner of the property on which such animal was kept, at the address given on the last completed assessment roll of Alameda County. The owner or person having the right to custody of any animal impounded pursuant to this Section may redeem the animal in accordance with the provisions of Section 6.04.220. If the animal is not redeemed within seven (7) days after it is impounded, the animal may be adopted or humanely euthanized.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.27)

It is unlawful for any person to keep any ducks, geese, chickens or other fowls in any enclosure in the City unless the exterior boundaries of said enclosures are more than twenty (20) feet from any dwelling, church or school.

It is unlawful for any person to keep, harbor or maintain roosters or other male fowl within the city limit.

This Section shall not prohibit the activity authorized under Section 6.04.290 of this Code.

This Section shall also not apply to any property where such activity is permitted by any other provision of the Oakland Municipal Code or Oakland Planning Code and for which all necessary land use permits have been issued, or where no use permits are required because the activity qualifies as a legal nonconforming use as defined in Section 17.114.020 of the Oakland Planning Code.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. 12705 § 3, 2005: Prior code § 3-9.28)

It is unlawful for any person to throw missiles or projectiles of any kind at, or disturb in any way, water fowl in or around Lake Merritt.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.29)

It is unlawful for any person to trap, snare or otherwise capture or kill any wild birds in the City.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.30)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.345, which pertained to the feeding of feral pigeons, and derived from Ord. No. 12817 § 1 (part), adopted in 2007.

It is unlawful for any person to import into the City, or to sell or expose for sale or exchange or deliver or distribute, within the City, any ground squirrel or other squirrels.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.31)

A.

Except as otherwise authorized by this Title or State law, no person shall harass, in any manner, any non- captive wild and/or undomesticated animal, including, but not limited to, coyotes, mountain lions, foxes, bobcats, raccoons, skunks, opossums, turkeys, peacocks, and other birds not kept as pets. For purposes of this Section, "harass" means an intentional act which disrupts an animal's normal behavioral patterns, which includes, but is not limited to, breeding, feeding, or sheltering. This does not apply to the responsible feeding of birds on private property, such as through a bird-feeder, food that is intended or safe for consumption by birds, such as seeds and nuts.

B.

No person shall intentionally feed wild animals in any public park, sidewalk, street, or on any other property owned the by City of Oakland or other public agency, so as to protect public health, safety and welfare. For

purposes of this Section, "wild" means any animal that is not a dog or cat and includes pigeons, geese, and other birds.

C.

This Section shall not apply to persons legally engaged in hazing wild animals pursuant to applicable laws.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025)

A.

Sale of Novelty Small Fowl and Rabbits Prohibited. It is unlawful for any person to display, sell, offer for sale, barter or give away in the City, any live baby chicks, rabbits, ducklings or other fowl, whether or not dyed, colored, or otherwise artificially treated; provided, however, this Section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in authorized facilities by dealers, hatcheries or stores lawfully engaged in the business of selling the same for food purposes.

B.

Sale in Public Prohibited. No person shall present any dog or cat for sale, barter, exchange, or adoption, whether or not for compensation, in any public place. "Public place" includes, but is not limited to, streets, highways, sidewalks, parks, carnivals, shopping malls, flea markets, and areas in front of commercial establishments. This prohibition shall not apply to Oakland Animal Services or qualified shelters or animal rescue organizations as further provided by State law.

C.

Inducements Prohibited. It shall be unlawful to give away any live animal as a prize or inducement to enter any contest, lottery, drawing, game, or competition, or as an inducement to enter a place of business or a business arrangement. This prohibition does not apply to any licensed veterinarian who offers dogs or cats for sale or adoption.

D.

No person shall sell, barter, exchange, or offer for adoption, whether or not for compensation, any dog or cat to any person who is under the age of eighteen (18), without the written permission of the minor's parent or legal guardian.

E.

Any person engaged in the breeding or sale of any animal for commercial or business purposes shall comply with all applicable State and local business regulations, including permit requirements, obtaining a Business Tax Certificate pursuant to Chapter 5.04 of the Oakland Municipal Code, and complying with State breeding and sales regulations.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.33)

Editor's note— Ord. No. 13858, § 2(Exh. A), adopted Sept. 15, 2025, amended the title of § 6.04.360 to read as herein set out. The former § 6.04.360 title pertained to sale of novelty small fowl and rabbits prohibited.

A.

It shall be unlawful for any person to use, or direct the use of, a bullhook, ankus, or any other implement or tool designed to inflict pain on elephants, for the purpose of training or controlling an elephant.

B.

It shall be unlawful for any person to use, or direct the use of, a baseball bat, axe handle, pitchfork or similar implement as a means of training or of controlling an elephant.

C.

For purposes of this Section, the term "use" shall include brandishing, exhibiting or displaying a bullhook or other implement prohibited by this Section, in the presence of an elephant within the City of Oakland for the purpose of training or controlling the behavior of the elephant.

D.

For purposes of this Section, the term "person" includes a corporations as well as individuals; and the knowledge and acts of any agent of, or person employed by, a corporation in regard to elephants transported, owned, or employed by, or in the custody of, the corporation, must be held to be the act and knowledge of the corporation as well as the agent or employee.

E.

Any person who violates this Section shall be guilty of a misdemeanor pursuant to Chapter 1.28 of this Code. The remedies set forth by this Section are not intended to limit the application of Federal and State law.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. No. 13280, § 2, 12-16-2014)

Pursuant to Section 836.5 of the California Penal Code, members of the Oakland Police Department, the Senior Animal Control Officer and the Animal Control Officers and any Health Officer of the County of Alameda are authorized to enforce this Title and arrest violators thereof, or use any other enforcement mechanism authorized by State or local law, including, but not limited to, Oakland Municipal Code Sections 1.08, 1.12, 1.16,1.24, and 1.28.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.34)

The Director of Animal Services shall have the power to adopt rules and regulations for the purpose of implementing and enforcing the provisions of this Title.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Prior code § 3-9.35)

A.

Except as provided in Subsection (B) below, it is unlawful for any person to keep on any one (1) premises more than three (3) dogs more than four (4) months old, unless the owner can demonstrate that the premises provides adequate space and the keeping of such dogs does not constitute a nuisance or pose a threat to the health or safety of the dogs.

B.

The limit provided herein shall not apply to licensed dog kennels, licensed boarding facilities, veterinary hospitals, Oakland Animal Services, the East Bay Society for the Prevention of Cruelty to Animals (EBSPCA), fosters approved by Oakland Animal Services, or any property where such activity is permitted by any other provision of the Oakland Municipal Code or Oakland Planning Code and for which all necessary land use permits have been issued.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. 12705 § 4, 2005)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.410, which pertained to exemptions to the number of dogs kept, and derived from Ord. No. 12705 § 5 (part), adopted in 2005.

In addition to any other penalties authorized by law, violations of this Chapter may be charged as either an infraction or a misdemeanor.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. 12705 § 5 (part), 2005)

A.

It shall be unlawful for any person to cause the performance of any animal, except a domestic dog, a domestic cat or a domesticated horse, for public entertainment, amusement or benefit on any public or private property within the City of Oakland.

B.

Any person who violates this Section shall be guilty of a misdemeanor pursuant to Chapter 1.28 of this Code. The remedies set forth by this Section are not intended to limit or replace, and are supplemental to, any applicable Federal or State law.

C.

This Section shall not apply to the Oakland City Zoo or to the otherwise lawful use of animals for therapeutic purposes by persons with disabilities.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. No. 13583, § 2, 2-18-2020)

Editor's note— Ord. No. 13858, adopted Sept. 15, 2025, repealed § 6.04.510, which pertained to exemptions to peformances of animals for public entertainment, and derived from Ord. No. 13583, § 2, adopted Feb. 18, 2020.

A.

Any person promoting, conducting, or holding a rodeo or rodeo-like animal event in the City of Oakland shall have a licensed veterinarian physically present throughout the duration of each event using animals.

B.

The veterinarian in attendance shall be licensed by the State and shall be experienced in the treatment of the types of animals used in these events.

C.

The veterinarian in attendance shall not be a contestant or otherwise participate in any animal events, and the veterinarian and any City Animal Control Officer in attendance shall be allowed access to all areas of the event and any associated facility, including the vehicles in which participating animals are kept.

D.

Any person who violates this Section shall be guilty of a misdemeanor pursuant to Chapter 1.28 of this Code. The remedies set forth by this Section are not intended to limit the application of Federal and State law.

(Ord. No. 13858, § 2(Exh. A), 9-15-2025; Ord. No. 13583, § 2, 2-18-2020)