[Ord. #98-02, § 1; Ord. #04-03, § 1]
It is unlawful and shall constitute a public nuisance for any
person to keep within the limits of the City any animal which disturbs
the peace and comfort of the inhabitants of the neighborhood in which
such animal is kept, or interferes with any person in the enjoyment
of life or property, or creates a risk of injury to life or property.
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, the City may enforce the provisions of this title who himself
or herself 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 destroyed in the absence of other means of restraint.
For barking dogs or other such noise nuisances, this section
shall be viewed in conjunction with the City's existing noise ordinance.
[Ord. #98-02, § 1; Ord. #04-03, § 1;
Ord. #09-08, § 1]
a. Except as otherwise provided, no domestic animal, except cats, shall
be permitted to be on public property or the private property of anyone
other than the guardian/owner unless under proper control and supervision
by a capable person. Any domestic animal found at-large within City
limits shall be impounded.
b. It shall be unlawful for dogs to be designated areas during designated
times and days in Albany's parks as set forth by the Albany City Council.
The specific days, areas, and hours shall be adopted by resolution
after considering recommendations from the Parks and Recreation Commission.
At no time shall dogs be permitted inside the play structure areas
of any of Albany's Parks.
[Ord. #98-02, § 1; Ord. #04-03, § 1]
It shall be unlawful for any person owning or having custody
or control of any vicious or dangerous animal to allow or permit such
animal to be at-large or to bite a person. It shall be unlawful for
any person owning or having custody or control of any dangerous or
vicious animal to allow or permit such animal to be in or upon any
street, public park, school ground, public playground within the City,
unless such animal is securely and humanely muzzled.
No dangerous or vicious dog shall go unconfined on the premises
of the guardians/owners. A vicious dog shall be considered unconfined
if it is not securely confined indoors or confined in a securely enclosed
and locked pen. The enclosure in question shall be adequate as determined
by the City.
The guardian/owner of any dog found to have bitten a person
without justification shall be assessed a penalty in accordance with
the Master Fee Schedule and the animal will be reclassified as a dangerous
animal. The City retains the prerogative to decide what constitutes
justification.
[Ord. #98-02, § 1; Ord. #04-03, § 1]
a. Whenever any person having charge, care, control, custody or possession
of any animal has knowledge that such animal has bitten any person
or animal, or has been bitten by another animal, the person having
such responsibility may report such fact forthwith to the Chief of
Police or his representative. The report shall state the name and
address of the person bitten, and any other information so requested
by the Chief of Police or her representative to the County Health
Officer within forty-eight (48) hours.
b. Any animal in the City which bites or otherwise exposes rabies to
a person or animal shall be delivered, upon request of any peace officer,
to such officer to be isolated in strict confinement in a place and
manner approved by the Alameda County Health Department and/or City
for ten (10) days observation for the purpose of determining whether
or not such animal is infected with rabies.
c. If an animal is confined outside of the guardian's/owner's premises
and is examined and found healthy on or after the tenth (10) day by
a licensed veterinarian, it may be released on recommendation of the
Alameda County Health Department to be confined for the remaining
period at the guardian's/owner's premises. The guardian/owner of such
animal shall pay all expenses and fees of the observation of the animal.
[Ord. #98-02, § 1; Ord. #04-03, § 1]
a. Every animal found within the City in violation of any provision
of this section may be picked up and impounded by the City in accordance
with local and State law.
b. When any animal is impounded as provided in this section, the City
shall immediately notify the guardian/owner, if ascertainable from
the dog's license. A description of the dog, date, time and place
of pick-up shall be kept at the place of impoundment together with
a statement that unless the animal is reclaimed within five (5) working
days, it will be put up for adoption.
c. A description of the animal, the date, time and place of pick-up
shall be prepared immediately by the impounding officer and timely
delivered to the Police Department where it shall remain available
to public inquiry for a period of not less than five (5) days.
d. All animals under the City's custody shall be provided with sufficient
food and water and handled in a humane manner according to State,
County or City health requirements.
e. Unless the animal is disposed of for health reasons, the guardian/owner
of any dog impounded under this section shall have the right to reclaim
the same at any time prior to the adoption thereof, upon payment to
the City of any assessed penalties or fees.
f. If impounded animals are healthy and have not been reclaimed before
the expiration of the fifth day for unlicensed animals and seventh
day for licensed animals, they may be turned over to the impounding
facility for adoption purposes.
g. Following a five (5) day holding period, if the animal is not adopted,
or if the City deems the animal to be sick or contagious, the City
shall dispose of the animals by euthanasia. Euthanasia shall be by
the injection of a lethal dose of a generally recognized euthanasia
substance which shall be administered by a licensed veterinarian or
a licensed animal health technician.
h. The City may set the fine that guardians/owners pay upon retrieving
their animals. The guardian/owner or keeper of any animal found without
a current animal license shall face fines no less than three (3) times
the rate of a comparably retrieved dog with a current license.