INTRODUCED BY COUNCILMEMBER

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ORDINANCE No. 11585 g. M. S.
APPROVED AS TO FORM AND LEGALITY
JPT
ORDINANCE AMENDING THE OAKLAND
MUNICIPAL CODE TO CLARIFY HOLDING
PERIODS AND ADOPTION POLICIES FOR
THE OAKLAND ANIMAL SHELTER
WHEREAS, animal control provisions of the Oakland
Municipal Code, Chapter 3, Article 9, currently contain language
which is ambiguous and conflicting, so that it is unclear how long
animals are to be held before they are placed for adoption or
euthanized; and
WHEREAS, as a result of the ambiguous language contained
within the animal control provisions of the Municipal Code, members
of the public have not been able to determine the precise amount of
time afforded an owner to retrieve a lost animal; and
WHEREAS, the ambiguous and conflicting language within
the existing animal control provisions has prevented animal shelter
staff from developing a consistent policy as regards holding
periods for animals taken into the care of the shelter; and
WHEREAS, existing animal control provisions of the
Oakland Municipal Code are outdated, and do not provide shelter
staff with suitable guidelines for determining the disposition of
animals taken into custody in relation to the demand for adoptable
animals; and
WHEREAS, amending the existing language to clarify the
holding period for animals taken into the care of the animal
shelter will assure that an owner of a lost animal, or a person
intending to adopt an animal being held, will be provided a fair
and reasonable period of time to retrieve or acquire the animal;
and
WHEREAS, the requirements of the California Environmental
Quality Act ("CEQA") of 1970 and the provisions of the Statement of
Objectives, Criteria and Procedure for Implementation of CEQA, have
been satisfied and the City Review Officer has determined that this
Ordinance is categorically exempt from CEQA; now.
600-245-005 (7/83)
THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN
AS FOLLOWS:
Section 1. The animal control provisions of the Oakland Municipal
Code, Chapter 3, Article 9, are amended as follows:
A. Section 3-9.17 is amended to read:
"SEC. 3-9.17 IMPOUNDING ANIMALS
(a) OWNER UNKNOWN. Any animal whose owner is
unknown that is found running at large or
otherwise contrary to the provisions of
Section 3-9.16 of this Article shall be taken
into the custody of the Animal Control Shelter
of the City of Oakland. An animal taken into
custody pursuant to this provision shall be
held for a minimum of three (3) days to
include one full Saturday. During this
holding period an animal may be redeemed by
the owner or possessor thereof on the payment
to the City of such sum or amount as may be
the current redemption fee.
(bl OWNER KNOWN.
Any animal whose owner is known that is found
running at large or otherwise contrary to the
provisions of Section 3-9.16 shall be taken
into the custody of the Animal Control Shelter
of the City of Oakland, and the Shelter shall
notify the owner or possessor thereof. An
animal taken into custody pursuant to this
provision shall be held for a minimum of seven
(7) days to include one full Saturday. During
this holding period an animal may be redeemed
by the owner or possessor thereof on the
payment to the City of such sum or amount as
may be the current redemption fee.
(c) MINIMUM HOLDING PERIOD.
The holding periods provided for herein shall
be considered minimum holding periods. To
permit the public as much time as possible to
retrieve or adopt animals taken into custody,
the shelter shall extend the holding periods
for individual animals to the extent that
kennel space is available and the overall
health and safety of impounded animals is not
affected."
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B. Section 3-9.181 shall be added as follows:
"SEC. 3-9.181 ADOPTION OF IMPOUNDED ANIMALS
Any animal described in Section 3-9.17(a) and
(b) of this Article which is not redeemed by
the owner or possessor thereof within the time
provided therefor, and any animal which has
been surrendered to the Animal Control Shelter
pursuant to Section 3-9.091, shall be placed
for adoption for the sum or amount as may be
the current purchase fee, unless such animal
is dangerous, or unfit by reason of age,
disease or other infirmity, in which case it
may be destroyed, and if so, shall be
destroyed in a humane manner."
C. Section 3-9.182 shall be added as follows:
"SEC. 3-9.182 IMPOUNDMENT PERIOD;
DETERMINATION OF TIME
The holding periods provided for under this
Article are to be computed by excluding the
intake day and any day upon which the Shelter
is closed. No animal shall be euthanized,
unless such animal is dangerous, or unfit by
reason of age, disease or other inf irmity,
until the day following the expiration of the
holding period. No animal shall be adopted
out until the day following the expiration of
the holding period. "
D. Section 3-9.10 shall be deleted in its entirety.
Section 2. In the event an emergency situation arises which
results in the immediate influx and accumulation of large numbers
of animals so that the shelter is unable to adhere to the
requirements of this ordinance as provided for in Sections One and
Two herein, staff may suspend compliance with said requirements for
a specified period not to exceed one month, upon approval by
resolution of the City Council. Said period may be extended by
approval of the City Council upon good cause shown therefor.
Section 3. The City Council makes the following findings in
support of adoption of this Ordinance:
A. This Ordinance is necessary to preserve the public
interest in the health, safety and welfare of animals; and,
B. This Ordinance is necessary to assure that the animal
shelter continues to deliver effective and responsive services to
the public.
C. The City Council finds and determines that this Ordinance
complies with the California Environmental Quality Act and all
local CEQA implementing regulations. The City's Review Officer is
directed to file a Notice of Exemption with the Alameda County
Clerk.
Section 4. This Ordinance shall taKe effect upon date of
passage.
h:\jpt\pecom\doglaw.c
IN COUNCIL, OAKLAND^ CALIFORNIA, MAY 1 1 1993 19 '
PASSED BY THE FOLLOWING VOTE: '
AYES BAYTON, DE LA FUENTE, JORDAN,X3EpMB3DHE7tOGAWA, SPEES, WOODS^JONES, and PRESIDENT > - 7
HARRIS
NOES MILEY, MOORE, - 2
ABSENT- NONE
ABSTENTION NONE
City Clerk and Clerk of the Counci
80 0 -2 *3 as of the City of Oakland, California
Attachment "A"
ANIMAL CARE AND RESCUE GUIDELINES
* Several locations throughout the City of Oakland must be
identified prior to an emergency and predesignated as emergency
substations following a major disaster.
* The City of Oakland should develop a comprehensive multi-
hazard Emergency Operations Plan for the Animal Control
Department to address preparedness, response, and recovery
activities pertaining to animals/pet care and rescue.
* Volunteers interested in performing animal care and rescue
following an emergency should participate in the City of
Oakland's C.O.R.E. training programs as well as Red Cross
training, and training to be offered by the Veterinarian
Association. Using the C.O.R.E, and Home Alert System, each
block would have an Animal Block Person that would know the
neighbor's who have animals/pets and those with special needs.
* Standardize pet information forms and descriptions including
the development of a computerized database for lost and found pet
information.
* Establish a uniform multi-jurisdictional between cities and
counties on the appropriate euthanasia policy for multi-hazard.
emergency scenarios.
* Purchase and store emergency supplies that would be stored
at various sites for animal care and rescue (e.g. food, water,
medical supplies, knock-down kennels, leashes).
* Develop and maintain a trained/untrained volunteer
registry/database of persons with animal care and rescue
skills/interest that would be available to jurisdictions and
community organizations involved in animal/pet emergency
response.
* Establish a memorandum of understanding with the Red Cross
and School District pertaining to persons that would need
temporary shelter services and allowing them to bring their pets
to the temporary shelter for the first few hours until the
animals/pets could be placed in kennels and/or at other animal
care facilities set up for emergency response.
of the City of Oakland, except as may be permitted by the appropriate Board of
Education or the City Director of Parks and Recreation for special events or special
occasions. Except in Posted landscaped areas, this Section shall not apply to Joaquin
Miller and Leona Parks east of Mountain Boulevard, Dirnond Park east of El Centro
Avenue, and Knowland Park east of Golf Links Road.
Nothing herein shall prevent or limit the duly authorized use of trained dogs for
special purposes, by City or other government personnel. (As amended by Ordinance
No. 10 351 C.M.S., passed June 2 1, 1983)
SEC. 3-9.0 71 VICIOUS DOGS. (Repeated by Ordinance No. 11205 C.M.S.,
passed April 10 , 1990 )
SEC. 3* 9.0 8. DOGS EXCEPTED FROM LICENSE REQUIREMENTS. The
provisions of this Article requiring dog license shall not apply to any dog owned by or
in the charge or care of a nonresident of the City of Oakland, traveling through the
City of Oakland, or temporarily sojourning therein for a period not exceeding thirty (30 )
days; nor to any dog brought to the city of Oakland exclusively for the purpose of
entering the same in a dog show or dog exhibition and entered for and kept at any dog
show or dog exhibition; nor to any dog owned by a non-resident of the City of
Oakland, when such dog has been regularly licensed in accordance with the laws of
the place of residence of such owner and shall have a collar or leather band anached
thereon on which there shall be a tag evidencing the existence of an unexpired license
for such dog in the place of residence of such owner; nor to dogs less than four
months old which are kept confined in or upon the owner's premises. (As amended
by Ordinance No. 10 351 C.M.S., passed June 2 1, 1983}
SEC. 3-9.0 9 TRANSFERRING. COUNTERFEITING AMD REMOVING DOG TAGS.
It shall be unlawful for any person to attach to or keep upon, or to cause or permit to
be attached to or kept upon, any dog any tag provided for in Section 3-9.0 2 of this
Article except a tag issued to him for such dog under the provisions of this Article, or
to attach to or keep upon, or to cause or permit to be attached to or kept upon, any
dog, or to make or to have in possession any counterfeit or imitation of any tag
provided for in said Section 3-9.0 2 or to take from any dog any collar or leather band
or tag anached thereto, except as provided in Section 3-9.0 6 of this Article. (As
amended by Ordinance No. 9337 C.M.S., passed June 2 9, 1976)
SEC. 3-9.0 91 The owner or possessor of any animal may surrender said
animal to the Animal Control Center for the purpose of euthanasia or placement for
adoption and, upon payment of the current service fee, the Animal Control Center
shall accept such animal. (As added by Ordinance No. 9935 C.M.S., passed June 10 ,
1980 )
April 10 , 1990
3-69
SEC. 3-aiQ IMPOUNDING DOGS. Deleted. (As amended by Ordinance No.
11585 C.M.S., passed May 11, 1993)
SEC. 3-9.1Q1 SOLD ANIMALS TO BE SPAYED OR NEUTERED Each female
dog and each female cat sold by the Animal Control Center shall be spayed, and each
male dog and each male cat sold by the Animal Control Center shall be neutered
within 30 days after said sale or within 30 days after attaining the age of 6 months,
whichever is earlier. The purchaser of such dog or cat shall provide the Animal
Control Shelter with written evidence of compliance herewith from a licensed
veterinarian. Failure to so comply Shalt void said sale. (As amended by Ordinance No.
9337 C.M.S., passed June 2 9, 1976)
SEC. 3-9.11 EXEMPTION FROM PAYMENT OF DOG LICENSEE FEES
(a) The provisions of this Article requiring payment of dog license fees shall
not apply to a "seeing eye dog" actually being used by a blind person,
a "signal dog" actually being used by a hearing impaired person, or a
"service dog" actually being used by a handicapped person.
(b) Upon the recommendation of the Associated Charities, the City Auditor
and the City Treasurer, and upon the majority vote of the whole Council
by resolution, the City shall waive the payment of any such fees or
charges of any person who shall have furnished evidence satisfactory to
the Associated Charities that such person by reason of unavoidable
poverty, merits exemption from the payment of any fees or charges
provided for by this Article. Such application for exemption from
payment must be presented within three (3) days after such fees or
charges, or any part thereof, have accrued. Upon such exemption from
payment, if the Animal Control Center has any such dogs in custody, the
dogs shall be released in the manner as though such fees or charges had
been regularly paid by such person so exempted from the payment
thereof.
SEC. 3-9.1? EXEMPTION FROM DQQ LICENSES AND CHARGES. If any
person shall furnish evidence satisfactory to the Associated Charities that such
person, by reason of unavoidable poverty, merits, exemption from the payment of any
fees or charges provided for by this Article, upon the recommendation of the
Associated Charities, the City Auditor and City Treasurer, and upon the majority vote
of the whole Council by Resolution, the City shall waive the payment of any such fees
or charges, provided that such application for exemption from payment shall be
presented within three (3) days after such fees or charges, or any part thereof, have
May 11, 1993
3-70