[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.
[Ord. #09-017, § 1]
a. 
A dog or cat that is not spayed or neutered that is impounded at the animal shelter shall be spayed or neutered at the owner/guardian's expense before being returned to the owner/guardian, subject to the conditions and exceptions in this subsection.
b. 
The owner/guardian shall be given a choice of an approved veterinarian to perform the procedure. If the owner/guardian does not select an approved veterinarian, the City, or its agent, may choose one.
c. 
The City, or its agent, may not have an impounded animal spayed or neutered without the consent of the owner/guardian until the end of the legal holding period after impoundment, unless it falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.
d. 
If the owner/guardian objects to the spay/neuter within the legal holding period after the animal is impounded, and requests a hearing, the hearing shall be granted. A hearing officer to be designated by the City Administrator may determine whether the animal may be returned to its owner/guardian without first being spayed or neutered. In making this decision, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner/guardian against conducting the procedure. If the hearing officer requires that the spay/neuter procedure be done, that decision shall be final. The owner/guardian is responsible for all boarding fees during the entire impound period.
e. 
This section shall not apply if a licensed veterinarian certifies that the animal (1) should not be spayed or neutered for health reasons, or (2) is permanently non-fertile.