It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer or the Oakley Police Department. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or of the Oakley Police Department to impound such animal.
(Ord. 101; Code 1974, 6.12.010; Code 2014; Ord. 1171)
For purposes of this article a dangerous or vicious animal shall include:
(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 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; or
(d) Any animal which attacks a human being or domestic animal without provocation;
(e) Any animal owned or harbored primarily or in part for the purpose of fighting, or animal trained for fighting;
(f) 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; Ord. 1171)
Whenever a sworn complaint is filed in a municipal court against the owner of an animal alleging that such animal is vicious and in violation of this chapter, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this chapter and thereby in violation of this chapter. In making a determination, the municipal judge shall consider the following:
(a) The seriousness of the attack or bite;
(b) Past history of attacks or bites;
(c) 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 vicious.
The municipal court shall order the impoundment, the muzzling in accordance with Section 2-304 and/or the confinement of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the heating. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior orders to restrain such animal have gone unheeded, the municipal court may order the animal immediately destroyed.
(Ord. 101; Code 1974, 6.12.020; Code 2014; Ord. 1171)
It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or 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 dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to tis section shall be guilty of a violation of this code.
(Ord. 101; Code 1974, 6.12.030; Code 2014; Ord. 1171)
Nothing in this article shall be construed to prevent the animal control officer or 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 immediate destruction of any vicious animal without notice to the owner.
(Ord. 101; Code 1974, 6.12.040; Code 2014; Ord. 1171)
If a complaint has been filed with the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal court, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The municipal court may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.
(Ord. 101; Code 1974, 6.12.050; Code 2014; Ord. 1171)
The fine for a violation of this article is not less than two hundred dollars and not more than one thousand dollars for each offense. Such fine may not be waived by the municipal court but shall be assessed in all cases where the defendant is found guilty.
(Ord. 101; Code 1974, 6.12.060; Code 2014; Ord. 1171)