CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 3. DANGEROUS ANIMALS

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city of Oakley an inherently dangerous or destructive animal. An inherently dangerous or destructive animal is defined as follows:

(a)   Any warm blooded, carnivorous or omnivorous, wild or exotic animal (including, but not limited to, non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes):

(b)   Any animal having a poisonous bite;

(c)   Any pit bull dog. Pit bull dog is defined to mean

(1)   The bull terrier breed of dog;

(2)   The Staffordshire bull terrier breed of dog;

(3)   The American pit bull terrier breed of dog;

(4)   The American Staffordshire terrier breed of dog;

(5)   Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds; except

(6)   Dogs of mixed breed or other breeds other than those listed above which breed or mixed breed is known as pit bulls, pit bull dogs, or pit bull terriers;

(d)   Any Rottweiler breed of dog, including a dog which has the appearance or characteristics of breeding predominantly of the Rottweiler breed of dog;

(e)   Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

(f)   Any animal which attacks a human being or domestic animal without provocation;

(g)   Any animal owned or harbored primarily or in part for the purpose of fighting, or animal trained for fighting; or

(h)   Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(Ord. 101; Code 1974, 6.12.010; Code 2014)

Whenever a sworn complaint is filed in a municipal court against the owner of an animal, alleging that such animal is inherently dangerous and in violation of this chapter, the municipal judge shall hold a hearing to determine whether or not the animal is inherently dangerous within the meaning of this chapter and thereby in violation of this chapter. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge may consider the following:

(a)   The seriousness of any attack or bite;

(b)   Past history of attacks or bites;

(c)   The likelihood of attacks or bites in the future;

(d)   The condition and circumstances under which the animal is kept or confined;

(e)   Other factors which may reasonably relate to the determination of whether or not the animal is inherently dangerous.

The municipal judge shall order the impoundment, the muzzling in accordance with Section 2-302 and/or the confinement of the animal accused of being in violation in a manner and location which will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling, or otherwise safe confinement is not possible, or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed.

(Ord. 101; Code 1974, 6.12.020; Code 2014)

It shall be the duty of every owner, keeper, or harborer of any inherently dangerous animal in the city, which inherently dangerous animal has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle securely fastened so as to wholly prevent such inherently dangerous animal from biting any person or animal until such time as a determination has been made by the municipal court of the city of Oakley as to whether such animal is inherently dangerous or not. It shall be unlawful for any person to keep or harbor any inherently dangerous animal, determined as such, within the city limits of the city. Any person owning, keeping, or harboring any inherently dangerous animal within the city limits contrary to this section shall be guilty of a violation of this chapter.

(Ord. 101; Code 1974, 6.12.030; Code 2014)

Nothing in this chapter shall be construed to prevent any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including the immediate destruction of any inherently dangerous animal without notice to the owner.

(Ord. 101; Code 1974, 6.12.040; Code 2014)

If a complaint has been filed in the municipal court of the city of Oakley against the owner of an impounded animal for a violation of this chapter, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The municipal judge may, upon making a finding about that an animal is inherently dangerous or that it represents a clear and present danger to the citizens of the city, or to other animals in the community, order the animal to be destroyed in a humane manner by an animal shelter or veterinarian. Surrender of an animal by the owner thereof to a law enforcement officer does not relieve or render the owner immune from the decision of the court nor to the fines and fees which may result from a violation of this chapter.

(Ord. 101; Code 1974, 6.12.050; Code 2014)

Any person violating this chapter shall, upon conviction in the municipal court, be fined a sum of not less than two hundred dollars and not more than one thousand dollars. In addition to the fine imposed, the court may sentence the defendant to imprisonment for a period not to exceed thirty days. The defendant shall also be liable for court costs. Should the defendant refuse to remove the animal from the city, the municipal court may find the defendant in contempt of court and order the immediate confiscation and impoundment of the animal. Each day that a violation of this chapter continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this chapter may be ordered to pay all expenses, including shelter, food, handling, veterinary care, medical expenses and test running necessitated by enforcement of this article.

(Ord. 101; Code 1974, 6.12.060; Code 2014)