Chapter 6.08 — POTENTIALLY DANGEROUS AND VICIOUS DOGS

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

"Animal Control Section" means that Section of the Oakland Police Department designated by the Chief of Police as being responsible for animal control within the city of Oakland.

"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous dog or vicious dog. The enclosure shall be securely locked, shall have secure sides and bottom sufficient to prevent the dog from escaping, and shall be of sufficient size to provide the dog with an adequate exercise area. A top may be required for the enclosure if necessary to assure the dog's containment.

"Impoundment" means taken into custody by a police officer or an Animal Control Officer.

"Potentially dangerous dog" means:

Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; or

Any dog which, when unprovoked, bites a person causing a transitory or short-lived bodily distress or incapacity without need for multiple sutures or corrective or cosmetic surgery; or

Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a "guide dog for the blind," a "service dog for the disabled," or a "hearing dog for the deaf" while off the property of the owner or keeper of the dog; or

Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal off the property of the owner or keeper of the dog.

"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

"Unprovoked" means without being intentionally incited to aggressive action.

"Vicious dog" means:

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

Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog"; or

Any dog that is associated with conduct which results in the dog's owner or keeper being convicted under Penal Code Section 597.5(a).

(Ord. 12155 (part), 1999; prior code § 3-9.01 (part))

previously determined potentially dangerous or vicious in violation of this title, or if dog a significant public threat.

A.

If an investigation conducted by any Oakland peace officer or Animal Control Officer results in a determination that there is probable cause to believe that (1) a dog is potentially dangerous or vicious; or (2) that the owner of a dog previously determined potentially dangerous or vicious is in violation of any of the provisions of this title or orders of the City Manager issued pursuant thereto; or (3) if any dog is a significant threat to the public health, safety, and welfare, the officer in charge of the Animal Control Section shall file with the City Manager a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, that the owner of a previously determined potentially dangerous or vicious dog is in violation of any of the provisions of this title or orders issued pursuant thereto, or that a dog is a significant threat to the public health, safety, and welfare.

B.

The City Manager or his or her designee shall conduct a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious, or if the owner of a dog previously determined potentially dangerous or vicious is in violation of this title and if so, what orders or penalties should apply, or if a dog poses a significant threat to public health, safety and welfare and, if so, what orders should apply.

(Prior code § 3-9.37)

The owner or keeper of the dog shall be served a copy of the verified complaint, a court petition if filed, and a notice of hearing date, time and place, either personally or by first-class mail with return receipt requested.

(Prior code § 3-9.38)

A hearing conducted pursuant to this title shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the dog.

(Prior code § 3-9.39)

The hearing shall be open to the public.

(Prior code § 3-9.40)

The City Manager or his or her designee may receive at the hearing all relevant evidence from both the Animal Control Section and the owner or keeper of the dog. Such evidence may include incident reports and affidavits of witnesses.

(Prior code § 3-9.41)

The findings, determinations, declarations and orders of the City Manager or his or her designee shall be in writing based upon whether, by a preponderance of the evidence, the dog is proven potentially dangerous or vicious, or the owner of previously determined potentially dangerous or vicious dog is proven in violation of this title or orders issued pursuant thereto, or a dog is proven to pose a significant threat to public health, safety and welfare. Service of the findings, determination and any orders issued pursuant thereto shall be made upon the owner or keeper of the dog either personally or by first-class mail return receipt requested. The findings, determination and orders of the City Manager or his or her designee are final.

(Prior code § 3-9.42)

No dog may be declared potentially dangerous or vicious or a threat to public health, safety and welfare solely because any of the following conditions result:

A.

Injury or damage is sustained by any person who at the time of the injury or damage was physically abusing, tormenting, teasing, or assaulting the dog;

B.

Injury or damage is sustained by a person while committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or while committing or attempting to commit a crime;

C.

Injury or damage is sustained by a person acting in concert with a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime;

D.

An injury or damage is sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or attacking the dog;

E.

An injury is sustained by a person who has gained uninvited and unauthorized entry onto fenced or indoor property of the dog's owner or keeper, except that as used in this section, "unauthorized entry" shall not include entry into a fenced residential front yard unless such yard is either locked or posted to prohibit entry;

F.

The dog acts to protect or defend a person within the immediate vicinity of the dog from an unjustified attack or assault.

(Prior code § 3-9.43)

If upon investigation it is determined by a police officer or Animal Control Officer that probable cause exists to believe any dog poses an immediate threat to public safety, then the police officer or Animal Control Officer may enter any premises where the dog is kept, other than a place of residence or closed garage, to seize and impound the dog pending any hearing to be held pursuant to this title. Subsequent to such hearing, if the dog is determined to be vicious and its release would create a significant threat to the public health, safety, and welfare, the City Manager or his or her designee may issue an order that the Animal Control Section destroy the dog. No such order shall take effect until at least two working days after the personal service of the order upon the known owner or keeper of the dog or seven working days after the date of mailing if the order is sent by first class mail to the known owner or keeper. If the owner or keeper is unknown, no such order shall take effect until the dog has been impounded at least seven days.

The owner or keeper of the dog shall pay a fine not to exceed one thousand dollars ($1,000.00) and shall be liable to the city for all costs and expenses of keeping a dog impounded pursuant to any provision of this chapter.

(Ord. 12155 (part), 1999: prior code § 3-9.44)

When not contrary to public safety, a police officer or an Animal Control Officer shall, at the request of an owner or keeper, permit a dog which might otherwise be impounded pursuant to this title, to be confined at the owner's expense in a mutually agreed upon and approved animal shelter, kennel or veterinary facility within the city.

(Prior code § 3-9.45)

No impounded dog declared by the City Manager or his or her designee to be potentially dangerous or vicious shall be released to the custody of its owner or keeper unless all fees and penalties assessed pursuant to this title have been paid. Additionally, no dog declared vicious shall be released to the custody of its owner or keeper unless such person demonstrates compliance with Section 6.08.170, the capability

to immediately leash and muzzle the dog, and possession of an enclosure to contain the dog in satisfaction of Section 6.08.120.

A rebuttable presumption shall arise that a dog has been abandoned if any owner or keeper of an impounded dog, declared potentially dangerous or vicious, has not met conditions for release of the dog within ten days after notice mailed by first class mail return receipt requested by the Animal Control Section that the dog is available for release. The City Manager, after notice to the last known owner or keeper and after a hearing conducted pursuant to the hearing provisions of this title, may order the abandoned dog destroyed. Such order shall take effect in accordance with the time and notice provisions established in

A dog found to be potentially dangerous pursuant to this title shall at all times while not securely confined indoors:

A.

Be confined in an area which is securely fenced and locked so as to prevent trespass by children and from which the dog cannot escape; and

B.

When off the property of its owner or keeper humanely muzzled and leashed with a substantial leash not to exceed two feet in length and under the control of a responsible adult who is familiar with and in control of the dog; or

C.

Humanely confined in a vehicle so that it can neither escape nor inflict injury on passersby.

For the purposes of this section, a dog which is humanely muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering.

When circumstances warrant, the Officer-In-Charge of the Animal Control Section may modify conditions of restraint to accommodate the special needs of the dog.

A dog found vicious pursuant to this title shall be kept in an outdoor enclosure on the property where the vicious dog is kept and maintained. The enclosure shall be designed in order to prevent the dog from escaping and shall afford the dog with an adequate exercise area as well as permit the animal adequate shelter from the elements, food, and water. While confined within the enclosure the dog shall not be tethered. A vicious dog shall at all times be kept in said outdoor enclosure unless the dog is securely confined inside the dwelling of the owner or keeper or the dog is removed for the purposes of obtaining veterinary care, being sold or given away, complying with any provision of law or with a directive of the City Manager or his or her designee or the Animal Control Section.

(Prior code § 3-9.47)

A.

The owner or keeper of any dog found to be potentially dangerous or vicious, pursuant to this title, shall notify the Animal Control Section immediately if the dog has escaped, is unconfined, has attacked another animal, has bitten a human being or has died.

B.

The owner or keeper of a dog found to be potentially dangerous pursuant to this title, shall notify the Animal Control Section within forty-eight (48) hours if the dog is sold, transferred, or permanently removed from the place where the owner or keeper resided or kept the dog at the time the dog was determined to be potentially dangerous. The owner or keeper shall also inform the Animal Control Section of any new address where the dog is to be kept and of the name, address and telephone number of any new owner.

C.

The owner or keeper of a dog found to be vicious shall notify the Animal Control Section at least forty-eight (48) hours prior to selling, transferring, or permanently removing the dog to a new location and shall also provide the Animal Control Section with the name, address and telephone number of the new owner of the dog and with the address of any new permanent location of the dog.

(Prior code § 3-9.48)

vicious.

No dog, which has previously been determined to be potentially dangerous or vicious after an administrative hearing by another jurisdiction, will be allowed to be kept, owned or harbored in the city. Any notice by the Animal Control Section to remove, abate or destroy any dog owned, harbored, or maintained in violation of this section may be appealed to the City Manager or his or her designee by filing with the City Manager a written statement of the factual basis for the appeal within five working days of the receipt of said notice.

(Prior code § 3-9.49)

The owner or keeper of a dog which has been determined to be potentially dangerous or vicious pursuant to this title shall display on the property where the dog is kept a sign containing a visual and verbal warning that there is a potentially dangerous or vicious dog on the premises. The dimensions, colors, lettering, and graphics of the sign shall be established by the Animal Control Section. The sign shall be visible to the general public. The Animal Control Section shall make sure signs are available for purchase.

(Prior code § 3-9.50)

The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this title shall consent to inspection of the property where the dog is kept and of the dog upon twenty-four (24) hours' written notice by the Officer-In-Charge of the Animal Control Section or his or her designee. Said inspection shall be set at a reasonable time and in a reasonable manner to verify full compliance with the requirements of Sections 6.08.120 and 6.08.150.

(Prior code § 3-9.51)

The owner or keeper of any dog found to be vicious pursuant to this title shall present to the Animal Control Section proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by the vicious dog. Such liability insurance shall not be cancelled, unless the owner or keeper shall cease to own or keep the dog prior to expiration of that license. Coverage shall be evidenced by a certificate issued by the insurer. The owner shall also provide documentation from the insurer warranting that the insurer will provide the city with at least thirty (30) days' advance notice of cancellation.

(Prior code § 3-9.52)

The owner or keeper of any dog found potentially dangerous or vicious pursuant to this chapter shall, at his or her expense, have a microchip, assigned by the Animal Control Section, inserted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the city licensing files for that dog. A dog that has been found to be potentially dangerous or vicious pursuant to this chapter shall be sterilized at the owner's expense.

(Ord. 12155 (part), 1999: prior code § 3-9.53)

No dog found to be potentially dangerous or vicious pursuant to this title shall be kept by an owner or keeper who is a minor.

(Prior code § 3-9.54)

In any case where a dog determined to be vicious pursuant to this title is outside an enclosure, except in cases where it is inside the dwelling of its owner or keeper, which dwelling is sufficient to contain the dog, or in custody of a veterinarian, the dog shall be securely and humanely muzzled and restrained with a harness and nylon leash sufficient to restrain the dog, having a minimum tensile strength of three hundred (300) pounds and not exceeding two feet in length, and shall be under the direct charge and control of its owner or keeper. For the purposes of this section, a dog which is humanely muzzled shall be able to drink, breathe and pant freely.

(Prior code § 3-9.55)

It shall be a misdemeanor for any owner or keeper of a previously determined vicious dog to intentionally fail to comply with Sections 6.08.120, 6.08.130, 6.08.150, 6.08.160, 6.08.170, 6.08.180 and 6.08.200. Conviction of said offense shall be punished by a fine of one thousand dollars ($1,000.00) and imprisonment in the county jail not to exceed one year. Upon conviction of said misdemeanor, the court shall order the vicious dog seized, declared a nuisance and destroyed unless the Animal Control Section sets forth cause why the dog should not be destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any dog within the city for a minimum of three years.

(Prior code § 3-9.56)

A.

Any violation of this chapter involving a potentially dangerous dog shall be punishable by a fine not to exceed five hundred dollars ($500.00). Such fine may be assessed by the City Manager after a hearing conducted pursuant to this chapter or by a court of competent jurisdiction and shall be paid to the city for the purpose of defraying the cost of implementation of this chapter as it pertains to potentially dangerous or vicious dogs.

B.

Any violation of this chapter involving a vicious dog shall be punishable by a fine not to exceed one thousand dollars ($1,000.00). Such fine may be assessed by the City Manager after a hearing conducted pursuant to this chapter or by a court of competent jurisdiction and shall be paid to the city for the purpose of defraying the cost of implementation of this chapter as it pertains to potentially dangerous or vicious dogs.

(Ord. 12155 (part), 1999: prior code § 3-9.57)

This chapter does not apply to any dog owned by any government agency which is used in the performance of law enforcement duties.

(Prior code § 3-9.58)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not effect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Prior code § 3-9.59)

If there are no additional instances of the behavior described in Section 6.08.010 within a thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs.

(Ord. 12155 (part), 1999)