An im a l Co n t ro l
Ordi nance
Re visio n s
Joe DeVries
Ac tin g Dire c to r
Oakland A ni mal Servi ces
A ni mal C ontrol Ordi nance Background
• OMC Chapter 6.04 regulates the care, licensing, and
legal requirements regarding animal welfare
• This is the first full revision in this century.
• Portions of the law are now not aligned with State Law or Best Practices
• This revision contains three major revisions and
several minor ones
• Adoption will allow OAS to operate more effectively
Maj or C hanges: Owner Surrender
Owner Surrender Rules (OMC Section 6.04.110)
• Currently OAS is required to accept all surrendered animals • Revised to allow discretion when OAS accepts an animal based on shelter care capacity
Benefits:
Avoids animals from other jurisdictions being place on OAS Allows staff to deny a surrender when the surrendering person is not the animal's owner
Ensures shelter care capacity is the determining factor Maj or C hanges: I mpoundment
Impoundment (OMC Section 6.04.210)
• Currently when OAS takes an animal into custody the holding period varies between 72 hours and 7 days
• Revised so all at large/stray impoundments have a 72 -hour hold • Allows animals to be held in foster homes
• Allows animal to be considered “abandoned” if the owner has not responded to a demand to pay fees after 10 days
Benefits:
Provides consistency for Animal Control Officers, allows animals to live in foster care, establishes rule on abandoned animals.
Maj or Changes: Spay/Neuter Rul es
Spay Neuter Rules (OMC Section 6.04.120)
• Currently mandatory spay/neuter rules apply to dogs impounded without a license, impounded on multiple occasions, dogs determined to be potentially dangerous or vicious, and all dogs and cats adopted out to new owners by OAS
• Revisions add mandatory rule when: dogs are found at large, dog or cat’s owner has been cited for violation of law regarding the sale, transport, or breeding of animals, OAS has received two or more verified complaints the dog has been at large, Cats permitted to roam off private property
Maj or Changes: Spay/Neuter Rul es
Benefits of new Spay Neuter Rules (OMC Section 6.04.120) • Mandatory provisions listed in one section provides clarity for public/ACOs
• Focuses mandatory rules on those typically in violation and causing outsized impact (backyard breeders, chronic scofflaws)
• Follows national best practices of encouraging universal spaying/neutering of pets
• Does not mandate to all, acknowledging the shortage of spay/neuter resources/ access to care challenges
Moderate C hanges : Found A ni mal s
Animals found at large (OMC Section 6.04.205)
• Revision allows a person who finds an animal at large to care for it in their home instead of requiring it to be brought to the shelter. • Existing law allows found animals to be taken to the East Bay SPCA (but there is no contractual authority for them to do so) Benefits:
Allows animals to be cared for in a home. Reducing the risk of communicable disease and reducing the impact on shelter capacity.
Clarifies that EBSPCA can accept found animals and allows other rescue organizations to do so as well if OAS designates them to do so Moderate Changes : Fee Wai vers
Licensing regulations are currently in multiple OMC sections and fee waivers are only allowed by City Council
• Revision combines licensing sections into OMC Sections 6.04.030 and
6.04.050 and allows the Shelter Manager/Director to waive fees based on financial need
Benefits:
• Acknowledges that it can be in the best interest of the animal, their owner, and the shelter to waive fees for those facing financial hardship
• Clarifies that the owner is responsible for providing proof of vaccination to receive a license
Moderate Changes: Number of Dogs
Animals found at large (OMC Section 6.04.400)
• Currently the OMC limits the number of dogs a person can own to 3 which is unenforceable and arbitrary.
• The revision allows for owners to keep more if they are not creating a nuisance
Benefits:
Removes an unenforceable provision and focuses on nuisance behavior instead of an arbitrary number.
Mi nor C hanges:
• Care and Control Language
• Examination/rabies sections
• Disposal of dead animals
• Nuisances
• Feeding feral pigeons
• Wild animals
• Sale of animals
• Reports of OAS
These all provide clarity or clean up outdated language
LEARN MORE
To learn more about Oakland Animal Services or to consider adopting or fostering an animal, go to https://www.oaklandanimalservices.org/