City of Piedmont
COUNCIL AGENDA REPORT
DATE: September 8, 2026
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of Approval of 1
st Reading of Ordinance 793N.S. Amending Chapter
4 of the Piedmont City Code - Animals
RECOMMENDATION
Approve the first reading of Ordinance 793 N.S. amending Chapter 4 of the Piedmont City Code relating to animal control.
EXECUTIVE SUMMARY
Chapter 4 of the Piedmont City Code establishes the City’s regulations governing animals, including dog licensing, dogs running at large, animal bites, dangerous and/or vicious dogs, impoundment, animal control fees, and enforcement.
The proposed amendments modernize Chapter 4, clarify the authority and responsibilities of the City’s Community Service Officer (Animal Control) and Police Department, and establish a more detailed administrative process for addressing dogs that may be potentially dangerous or vicious.
The revisions also update definitions, clarify leash requirements, establish procedures for investigation, confinement, and hearings, and provide clearer standards for findings, appeals, sanctions, and cost recovery.
Many of the existing provisions of Chapter 4 were originally adopted several decades ago and were last updated in October 2018. During a periodic review and following community feedback, staff identified the need to refine definitions in animal control regulations. The proposed amendments retain the basic framework of the City’s animal control regulations while updating terminology and procedures, providing greater clarity for residents and staff.
BACKGROUND
Chapter 4 currently regulates dog licensing and vaccination, animals running at large, animal bites, impoundment, animal control fees, and related violations. The proposed ordinance makes both substantive and administrative revisions throughout the chapter.
One of the major changes is the addition of updated definitions related to the administration of dangerous dog proceedings. The proposed language defines previously ambiguous terms. The updates clarify that Community Service Officers, as well as Police Officers appointed by the Chief of Police, may perform animal control enforcement responsibilities.
These definitions support a revised process for investigating and adjudicating incidents involving dogs that may present a danger to people or other animals.
DISCUSSION
The most substantive amendments to Chapter 4 of the City Code are contained in Section 4.14. The proposed ordinance establishes a structured process for determining whether a dog should be designated potentially dangerous or vicious.
Following a reported incident, an Animal Control Officer would investigate to determine whether there is probable cause to believe the dog is potentially dangerous or vicious. If the animal is deemed to be potentially dangerous or vicious, the Animal Control Officer would issue a written certification to the Hearing Officer. The ordinance would also permit consideration of a dangerous or vicious dog designation made by another California jurisdiction within the preceding 12 months.
When a dog poses an immediate threat to public safety, the Animal Control Officer may seize and impound the dog pending a hearing. Alternatively, appropriate confinement may occur on the owner's premises or at a Department-approved shelter, kennel, or veterinary facility when necessary to protect public safety.
The revised ordinance also establishes notice and hearing procedures. Following certification, the Police Department would petition for a hearing before a Hearing Officer and provide notice to the dog's owner or keeper. Following the hearing, the Hearing Officer would issue written findings and a determination. When a dog is determined to be potentially dangerous or vicious, the Hearing Officer could impose restrictions including confinement, fencing, muzzling, or leashing, as well as removal from the City or other appropriate measures. Dogs permitted to remain in the City while restrictions are in effect would be required to wear a restricted dog license.
The ordinance also establishes an appeal process to Superior Court and provides mechanisms for recovering certain costs associated with impoundment or abatement. Violations of a valid Hearing Officer or Superior Court order may constitute a misdemeanor.
Section 4.33 clarifies the City's enforcement authority by providing that violations of Chapter 4 constitute infractions and may also be addressed through the City's administrative citation process under Section 1.9 of the Piedmont City Code. Applicable fines would be established by City Council resolution.
The amendments also include numerous technical and terminology updates throughout Chapter 4 intended to improve consistency, clarity, and comport with California law.
FISCAL IMPACT
The proposed amendments provide mechanisms for recovery of certain impoundment and abatement costs from responsible dog owners.
Agenda Report Page 2
ADDITIONAL INFORMATION
The City Attorney has reviewed this memorandum and attachment.
By: Frederick Shavies II, Chief of Police
ATTACHMENTS:
A. Draft Chapter 4 City Code
B. Draft Ordinance
Agenda Report Page 3
4912-1385-4410 v9
Chapter 4
ANIMALS
ARTICLE I. DEFINITIONS
§4.1 Definitions
ARTICLE II. DOG LICENSES
§4.2 License-Required
§4.3 License-Exemptions
§4.4 License-Term
§4.5 License-Application
§4.6 Anti-rabies vaccination certificate
§4.7 Issuance of tags and certificates
§4.8 Record of licensees to be kept-License tag to be worn by dog at all times. §4.9 Inspection of license tag by authorities
§4.10 Removal of registration tags prohibited
§4.11 Replacement of lost and destroyed tags
§4.12 Counterfeit and imitation tags
ARTICLE III. DOG CONTROL AND BITE REGULATIONS
§4.13 Running at large prohibited
§4.14 Potentially Dangerous and Vicious Dogs
§4.15 Failure to confine animals with contagious or infectious diseases §4.16 Duty to report knowledge of bite
§4.17 Interference with and mistreatment of police dogs ARTICLE IV. IMPOUNDING OF ANIMALS
§4.18 Duty of Chief of Police to impound animals
§4.19 Notice to Chief of Police of stray animals; disposition of stray animals §4.20 Notice to owners of impounded dogs
§4.21 Disposition of impounded animals
§4.22 Reclamation of animals by owner
§4.23 Repealed by Ordinance No. 355 N.S.
§4.24 Destruction of unfit or dangerous animals
ARTICLE V. FEES
§4.25 Amount for licenses
§4.26 Penalty for failure to procure license
§4.27 Exemption from license fee-Seeing Eye dogs
§4.28 Exemption from license fee-Police dogs
Deleted: BITING
Deleted: ANIMALS AND ANIMALS RUNNING AT
LARGE
Deleted: Biting animals to be quarantined
Deleted: Animals which die while under isolation
Deleted: -Generally
Deleted: Disposition of impounded animalsDeleted: licensed Deleted: Disposition of impounded animalsAttachment A Agenda Report Page 4 Chapter 4 - Animals
4912-1385-4410 v9 4-2
§4.29 Duplicate tags
§4.30 Charges for animal control services
§4.31 Repealed by Ordinance No. 355 N.S.
§4.32 Repealed by Ordinance No. 355 N.S.
ARTICLE VI. PENALTIES
§4.33 Penalties, citations and enforcement
§4.34 Removal of dog defecation
ARTICLE I. DEFINITIONS
SEC. 4.1 DEFINITIONS
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
(a) ANIMAL. Any non-wild mammal, including but not limited to, horse, cow, goat, sheep, dog and cat.
(b) ANIMAL CONTROL OFFICER. A community service officer(s) or police officer(s) appointed by the Chief of Police who is/are primarily responsible for the enforcement of the provisions of this chapter. Animal Control Officers shall have the power to enforce the provisions of this chapter in the manner set forth in California Penal Code Section 836.5; provided, that any police officer of the City shall also have the power to enforce the provisions of the chapter in the manner set forth in California Penal Code Section 936.5. (c) AT LARGE. A dog, on or upon any public street, alley or other public place, or in or upon any unenclosed lot or premises within the City, and not under restraint by leash, rope or chain nor over six feet in length securely and continuously held by a competent person. (d) CERTIFICATION. Certification means the Animal Control Officer's written certification, following investigation, stating whether there is probable cause to believe that a dog is potentially dangerous or vicious.
(e) CHIEF OF POLICE. The Chief of Police of the City of Piedmont or their designee.
(f) DETERMINATION. The decision made by the Hearing Officer after the hearing, regarding whether a dog is potentially dangerous or vicious. The owner or keeper of the dog shall comply with the disposition of the dog as ordered, unless they timely appeal the Determination to Superior Court.
(g) DOG. Any member of the canine family and shall include female as well as male Deleted: A police officer The animal control officer and any duly appointed assistant animal control officer
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4912-1385-4410 v9 4-3
dogs.
(h) HEARING OFFICER. The Chief of Police of the City of Piedmont or their designee who shall be selected in a manner that avoids the potential for pecuniary or other bias. (i) IMPOUND. The taking into the custody of the public animal shelter or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found.
(j) OWNER. Any person owning, having an interest in or having control or custody or possession of any animal.
(k) PERSON. Shall include any person, partnership, corporation, trust and association of persons.
(l) POTENTIALLY DANGEROUS DOG. Potentially Dangerous Dog means any of the following:
(i) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
(ii) Any dog which, when unprovoked, bites a person causing a less than Severe Injury.
(iii) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. (m) SEVERE INJURY. Any physical injury to a human being that results in muscle tears or disfiguration lacerations or requires multiple sutures or corrective or cosmetic surgery. (n) SHELTER. A facility designated by the Chief of Police for the impoundment of animals.
(o) VICIOUS DOG. Vicious Dog means either of the following:
(i) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(ii) Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior of a Potentially Dangerous Dog or is maintained in violation of state law.
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Deleted: HORSE. Includes mule, burro, pony, jack, hinny or jenny.
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31604.
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Deleted: : The term “potentially dangerous animal” or
"vicious animal" as used in this Section shall mean any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior patterns:
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4912-1385-4410 v9 4-4
.
ARTICLE II. DOG LICENSES1
SEC. 4.2 LICENSE-REQUIRED.
Every person within the area owning, possessing, controlling, harboring or keeping any dog over four months of age shall procure a dog license tag for each dog, as long as ownership of the dog continues, or within ten days after acquiring or bringing into the area any dog over the age of four months, and thereafter on expiration of the rabies vaccination. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977)
SEC. 4.3 LICENSE-EXEMPTIONS
This article does not apply to dogs found within the area of the city under any of the following conditions:
(a) When the dog is owned by, or in the care of any person who is a nonresident or who is traveling through the area, or who is temporarily sojourning therein for a period not exceeding thirty days, if the dog is not permitted to run at large; (b) When the dog is brought into the area and kept therein for a period not exceeding thirty (30) days, for the exclusive purpose of entering the dog in any bench show, dog exhibition, field trials, or competition, if the dog is not permitted to run at large;
(c) When the dog is brought or sent into the area for the exclusive purpose of receiving veterinary care in any dog hospital, if the dog is not permitted to run at large; (d) When the dog has a valid license from Alameda County or any city within Alameda County, it shall not be subject to the license requirement of this chapter. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018) SEC. 4.4 LICENSE-TERM
The maximum effective period of each dog license issued shall be from the date of issue until a like date during the month in which the antirabies vaccination expires as shown in the vaccination certificate. Licenses may be issued in one year increments up to, but not exceeding the expiration of the antirabies vaccination certificate. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)
1 For state law as to authority of cities to require dog licenses, see Gov. C§ 38792; see also Food & Ag. C. §30801 et seq.
Deleted: <#>A potentially dangerous animal is
described as any animal, when unprovoked, on two
separate occasions within the prior 36-month period,
engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person
and the animal are off the property of the owner or
keeper of the animal. ¶
A potentially dangerous animal may also be described as any animal, when unprovoked, bites a person causing a
less severe injury than as defined in 31604 of the Food and Agricultural Code. ¶
A potentially dangerous animal may also be described as any animal, when unprovoked, on two separate occasions
within the 36-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the animal. ¶
A vicious animal is defined as an animal that, when
unprovoked, in an aggressive manner, inflicts severe
injury on or kills any human being.An attack, without
provocation, which requires a defensive action by any
person to prevent bodily injury or property damage in a place where such person is conducting himself peaceably and lawfully
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Deleted: WILD ANIMAL. Any animal not ordinarily
and customarily domesticated but under human control,
including, but not limited to, skunk, raccoon, opossum, squirrel and fox. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)¶
¶
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4912-1385-4410 v9 4-5
SEC. 4.5 LICENSE-APPLICATION
The owner shall state, at the time application is made, and upon standard printed forms of application provided for such purpose, owner’s name and address and the name, breed, color, age and sex of each dog and name and address of the veterinarian or clinic who issued the vaccination certificate when application is made. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)
SEC. 4.6 ANTI-RABIES VACCINATION CERTIFICATE2
As a condition for the issuance of a license all applicants for such license shall procure and deliver to the Chief of Police a certificate issued by a duly licensed veterinarian certifying that the dog to be licensed has been administered an antirabies vaccination sufficient to immunize said dog against rabies for the current license period . Notwithstanding any other provisions of this section, every person owning, possessing, controlling or keeping any dog within the City shall be required to keep such dog vaccinated against rabies at all times after the dog attains the age of four months. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977) SEC. 4.7 ISSUANCE OF TAGS AND CERTIFICATES.
A metallic tag and license certificate with corresponding number shall be furnished by the Chief of Police upon payment of the appropriate fee as required in Section 4.25 of this code. (Ord. 291 N.S., 05/1970; Ord. 741 N.S., 09/2018)
SEC. 4.8 RECORD OF LICENSEES TO BE KEPT-LICENSE TAG TO BE WORN BY DOG
AT ALL TIMES
The Chief of Police shall keep a record of the name of such owner or person making payment of such license fee and to whom a certificate and tag shall have been issued, and the number and date of such certificate and such tag. Such metal tag issued shall be securely fixed to a collar, harness or other device to be worn at all times by the dog for whom the registration is issued. (Ord. 291 N.S., 05/1970)
SEC. 4.9 INSPECTION OF LICENSE TAG BY AUTHORITIES
No person shall fail or refuse to show to the Chief of Police, the Chief’s representative, or any police officer the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under that person’s immediate control. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977) SEC. 4.10 REMOVAL OF REGISTRATION TAGS PROHIBITED
2 For state law as to rabies control, see H. & S.C.A. §§121575 to 121710.
Deleted: which will be effective at least one month after the issuance of such license
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No unauthorized persons shall remove from any dog collar, harness or other device to which is attached a registration tag for the current period, or remove such tag therefrom. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977)
SEC. 4.11 REPLACEMENT OF LOST AND DESTROYED TAGS
If the dog license tag is lost or destroyed, the owner shall immediately procure a new duplicate license tag from the Chief of Police. (Ord. 291 N.S., 05/1970) SEC. 4.12 COUNTERFEIT AND IMITATION TAGS
No person shall imitate or counterfeit the tags prescribed by this article, or have in his possession any imitation or counterfeit tags. (Ord. 291 N.S., 05/1970) ARTICLE III. DOG CONTROL AND BITE REGULATIONS3
SEC 4.13 RUNNING AT LARGE PROHIBITED
(a) No owner or keeper of any dog shall cause or permit such dog to be or run at large upon any public place or any private property other than that of such owner except with the prior consent of the person in charge of such private property, unless such dog is securely restrained by a substantial leash not to exceed six feet in length and is under the charge and control of a person competent to keep such dog under effective charge and control. A dog may be secured by a retractable leash; however, the leash may not exceed six feet in length when in the presence of other people. A substantial leash must be capable of restraining the dog without breaking when the animal is pulling with all of its strength.
(b) Section 4.13 (a) shall not apply to dogs in off leash areas, as defined in Section
3.4.2 of this code, subject to the off leash area rules established in Section 3.4.4. (Ord. 291 N.S., 05/1970, Ord. 316 N.S., 07/1974; Ord. 741 N.S., 09/2018) SEC. 4.14 POTENTIALLY DANGEROUS AND VICIOUS DOGS
(a) Purpose and Intent: The provisions of this Section are intended to provide a program for the control of potentially dangerous or vicious dogs. This Section is intended to supplement rather than supplant any other remedy available under State or County law. In the event an animal other than a dog bites or otherwise injures a human being or another animal, the procedures and enforcement mechanisms set forth in this Section may be utilized by the City, to the extent deemed appropriate by the Animal Control Officer, to address public health and safety concerns.
(b) Nonapplication: This Section does not apply to the following:
3 For state law as to dogs running at large, See Ag. C.A. §§30954-30955.
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RUNNING AT LARGE
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Deleted: ANIMALS TO BE QUARANTINED
Deleted: There have been, are and will be in the future in the City of Piedmont dogs and animals which are vicious and which, as such, constitute a public nuisance which
should be abated.
Deleted: process
Deleted: pursuant to which such dogs and animals found, following a hearing at which oral and documentary
evidence is considered, to be a public nuisance may be
removed from the City or otherwise abated.
Deleted: either
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Deleted: A vicious animal may also be any dog
previously determined to be and currently listed as a
potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the
behavior described in Section 31602 of the Food and
Agricultural Code or is maintained in violation of 31641, 31642 or 31643 of the Food and Agricultural Code.An
attack, without provocation, on another animal which
occurs off the property of the owner of attacking animal.¶ An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully.¶
¶
Any aggressive behavior, without provocation, that
constitutes a physical threat of bodily harm to a person where such person is conducting himself peaceably and
lawfully.¶
For the purposes of this subsection 4.14.2, a person is peaceably and lawfully upon the private property of the owner of an animal when he/she is on such property in the performance of any duty imposed upon him/her by the laws of this state or any City or County or the laws of postal regulations of the United States or when he/she is on such property upon invitation, expressed or implied.
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(i) licensed kennels, humane society shelters, animal control facilities, or veterinarians.
(ii) dogs while utilized by any police department or any law enforcement officer in the performance of police work.
(c) Investigation: In the event of a report or incident involving a dog biting a human being or animal, the case shall be investigated by the Piedmont Animal Control Officer. If, based on said investigation, the Animal Control Officer concludes there is probable cause to believe that the dog is potentially dangerous or vicious, then they shall provide Certification in writing to the Hearing Officer. Any dog which has been declared by a California jurisdiction, in the prior 12 months, as "potentially dangerous," "dangerous," "vicious," or any other similar designation after an administrative hearing, may be deemed a dangerous or vicious animal during the relevant period for the purposes of this Chapter, as determined by an Animal Control Officer. (d) Confinement of Dog upon Investigation: To protect public health and safety, upon initiation of the investigation pursuant to this Section, the Animal Control Officer may order the dog quarantined pending completion of both the investigation and hearing conducted pursuant to Subsection 4.14(f). The dog will be confined either on the premises of the owner or, if the owner is unwilling or unable to quarantine the dog, at a Department approved dog kennel or veterinary facility at the owner’s expense.
(e) Scheduled Hearing: The Police Department shall, upon receipt of Certification, petition to schedule a hearing before the Hearing Officer. The Police Department shall serve the owner or keeper of the dog with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner or keeper of the dog.
(f) Hearing. At the hearing before the Hearing Officer,, both oral and documentary evidence shall be taken and considered bearing upon the question of whether or not the dog in question is potentially dangerous or vicious. No hearing shall be continued without proof to the Hearing Officer that the public is being adequately protected from any further attacks by the dog in question. The Hearing Officer may decide all issues for or against the owner or keeper of the dog even if they do not appear at the hearing. After the hearing, the owner or keeper of the dog shall be notified in writing of the Determination and orders issued, either personally or by first-class mail postage prepaid.
(g) Findings: Public Nuisance. If, based upon the hearing, the Hearing Officer finds that the dog in question is vicious, they shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the Hearing Officer, humanely destroyed by Police Department , removed from the City or otherwise have restrictions placed upon the dog, including, but not limited to, confinement, fencing, muzzling or leashing. . If the dog is allowed to remain in the city, the dog shall wear, in lieu of the current dog license, a restricted dog license for the duration the of the time the Formatted: Font: 12 pt
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Deleted: In addition to sending such notice by mail, the Police Department shall either deliver a copy of such notice by personal service to an adult at the address where the animal is kept and maintained or shall post such notice prominently at such address, either by means of providing notice to be accomplished at least five (5) days prior to the date set for hearing.
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In the event that the record owner of the property on which the animal is kept and maintained is listed in the real property records of the City as residing elsewhere, a copy of such notice shall also be mailed to such record owner of the property at the other address in the same manner as if he were owner of the animal.
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restrictions are in place.
(h) Appeal to Superior Court. The decision of the Hearing Officer may be appealed by the Investigating Officer or the owner or keeper of the dog to the Superior Court within five days of the receipt of the notice of the Determination. The holding of the Court shall be final and conclusive upon all parties. After an appeal has been commenced, the Superior Court may stay the Hearing Officer's decision provided that the dog's owner must demonstrate to the satisfaction of the Court that the public is being adequately protected from the possibility of any further attacks by the dog in question.
(i) Cost of Abatement. If the dog is determined to be vicious, then the incurred costs of impoundment, including any abatement, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property of the owner, if any, upon which the dog is kept and maintained until said assessment is paid. (j) Payment of Assessment. The assessment shall be due and payable within twenty (20) days after the date of mailing or delivery of the order. If said assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property of the owner upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City. (k) Collection of Assessment. In the event that legal action is necessary to collect said assessment the owner of the dog shall pay all the expenses thereof, including but not limited to reasonable attorneys' fees incurred by the City, all as determined by the Court. (Ord.291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 474 N.S., 02/1986; Ord. 741 N.S., 09/2018)
(l) Fines and Sanctions.
(i) Any violation of this Section’s provisions involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this Section involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1000).
(ii) A violation of a valid order from the Hearing Officer or the Superior Court shall constitute a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by fine as described under subsection (i) above, or by both. (m) Circumstances under which dogs may not be declared potentially dangerous or vicious:
(i) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially Deleted: any
Deleted: interested party
Deleted: The Hearing Officer will automatically stay the effect of his or her decision upon request for up to thirty (30) days provided that the animal's owner must demonstrate to the satisfaction of the Hearing Officer that the public is being adequately protected from the possibility of any further attacks by the animal in
Deleted: action
Deleted: animal
Deleted: animal
Deleted: Superior Court review shall be in
accordance with Code of Civil Procedure Section
1094.5 and the Court shall exercise its independent
judgment based upon the record of proceedings before
the Hearing Officer.
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Deleted: cost of abatement shall be paid for by the owner of the animal and shall
Deleted: animal
Deleted: It shall be lawful for any person to pay the
amount of such assessment on or before the 15th day of July following its impositi
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dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.
(ii) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
SEC. 4.15 FAILURE TO CONFINE ANIMALS WITH CONTAGIOUS OR INFECTIOUS
DISEASES
Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep the animal within an enclosure, or herd the animal in a place where it is secure from contact with other animals of like kind that are not so affected, or that permits the infected animal to be driven on any public highway, is guilty of a misdemeanor, which is punishable by a fine of not more than one thousand dollars ($1,000) for each offense.
SEC. 4.16 DUTY TO REPORT KNOWLEDGE OF BITE
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 charge, care, control custody or possession of such animal shall report such fact within forty-eight hours to the Chief of Police. The report shall state the name and address of the person bitten, a description of the person or animal bitten, if any, the time and place where such person or animal was bitten, and any other information so requested by the Chief of Police. A copy of the report shall be forwarded by the director to the county health officer within forty-eight (48) hours. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)
SEC. 4.17 INTERFERENCE WITH AND MISTREATMENT OF POLICE DOGS No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the county sheriff or police department in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by such department or any member thereof in the performance of any of the functions or duties of such department or of such officer of member. (Ord. No. 291 N.S. §1) ARTICLE IV. IMPOUNDING OF ANIMALS4
4 For state law as to killing and seizure of dogs, see Ag. C.A., 31101 et seq.
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Deleted: ANIMALS WHICH DIE WHILE UNDER
ISOLATION
Deleted: The head of an animal which dies while under
isolation shall be submitted to the laboratory of the county health department for examination for rabies. (Ord. 291 N.S., 05/1970)
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SEC. 4.18 DUTY OF CHIEF OF POLICE TO IMPOUND ANIMALS
It shall be the duty of the Chief of Police to take up, impound and safely keep any of the animals enumerated in Sec. 4.2 hereof and found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of the City. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018) SEC. 4.19 NOTICE TO CHIEF OF POLICE OF STRAY ANIMALS; DISPOSITION OF
STRAY ANIMALS
Every person taking up any stray animal or such animal which is running at large contrary to the provisions of this chapter shall within eight (8) hours thereafter give notice to the Chief of Police of the following:
(1) The fact that they have such animal in their possession; (2) The complete description of such animal;
(3) The license number of such animal, if any, and by what county or municipal corporation issued; if such animal has no license, such person shall so state; (4) The place where such animal is confined.
Every such person and any person in whose custody such animal may, in the meantime, be placed, may deliver such animal to the shelter without fee or charge, and the Chief of Police shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by the Chief. (Ord. 291 N.S., 05/1970; Ord. 741 N.S., 09/2018)
SEC. 4.20 NOTICE TO OWNERS OF IMPOUNDED DOGS
The Chief of Police shall, immediately upon impoundment of dogs or other animals, make every reasonable effort to notify the owners of such dogs or other animals impounded, and inform such owners of the conditions whereby they may regain custody of such animals. If the dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mail properly addressed and postage prepaid. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)
SEC. 4.21 DISPOSITION OF IMPOUNDED ANIMALS
All animals impounded at the shelter shall be provided with proper and sufficient food and water. After the required statutory holding period expires for an unlicensed, impounded animal, the animal may be sold to the person offering to pay a set cash amount, but not less than ten dollars therefor, provided that the purchaser shall not be given possession of any dog or dogs until they have paid to the Chief of Police the license fee or fees prescribed for such dog or dogs.
In lieu of destruction, the shelter may release without charge animals to any humane Deleted: , or upon any private property, contrary to the provisions of this chapter.
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Deleted: Unless such unlicensed animals shall have been redeemed within five days after being impounded, or
licensed animals seven days after notification provided for in Section 4.20
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Deleted: If any dog or other animal impounded shall not have been redeemed within such period and cannot be sold within a reasonable time thereafter, it may be destroyed in a humane manner.
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organization that provides an animal adoption service. The shelter shall maintain a file describing each animal impounded therein, for at least the prescribed period beginning on the day any such animal is taken or delivered into the possession of the shelter.
SEC. 4.22 RECLAMATION OF ANIMALS BY OWNER
The owner of any impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof upon payment to the Chief of Police of the costs and charges set from time to time by City Council resolution for the impounding and keeping of such animals. (Ord. 291 N.S., 05/1970; Ord. 741 N.S., 09/2018) SEC. 4.23 REPEALED BY ORDINANCE NO. 355 N.S.
SEC. 4.24 DESTRUCTION OF UNFIT OR DANGEROUS ANIMALS
It shall be the duty of the Chief of Police, who is hereby authorized to destroy any animal lawfully impounded which is by reason of age, disease or other cause unfit for adoption, or is dangerous to keep impounded. (Ord. 291 N.S., 05/1970; Ord. 741 N.S., 09/2018) ARTICLE V. FEES
SEC. 4.25 AMOUNT FOR LICENSES
The dog license fee shall be set from time to time by City Council resolution, and shall be payable in full for the complete license period. (Ord. 291 N.S., 05/1970; Ord. 341 N.S., 10/1976; Ord. 448 N.S., 08/1983)
SEC. 4.26 PENALTY FOR FAILURE TO PROCURE LICENSE
Any person who fails to procure within forty-five days of the date required for procuring such license shall, in addition to any other penalty prescribed by this chapter, be subject to a late charge in the same amount as the dog license would be to be added to and collected with the license fee. (Ord. 291 N.S., 05/1970; Ord. 338 N.S., 07/1976; Ord. No. 353 N.S., 11/1977) SEC. 4.27 EXEMPTION FROM LICENSE FEE-SEEING EYE DOGS
Seeing Eye dogs owned and actually used by blind persons shall be exempt from a license fee as specified in this article. (Ord. 291 N.S., 05/1970) SEC. 4.28 EXEMPTION FROM LICENSE FEE-POLICE DOGS
Any dog owned by the county or a city and used by the sheriff or police department in the performance of the functions or duties of such department shall be exempt from a license fee as specified in this article. (Ord. 291 N.S., 05/1970)
SEC. 4.29 DUPLICATE TAGS
Deleted: prescribed herein,
Deleted: The owner must within five days show proof of a current, valid antirabies vaccination. (Ord. 291 N.S.,
05/1970; Ord. 741 N.S., 09/2018)¶
Deleted: DISPOSITION OF IMPOUNDED
ANIMALS-RECLAMATION OF
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Deleted: licensed
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ANIMALS-…
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The fee for replacement of a current tag which has been lost or stolen shall be set from time to time by resolution of the Council. (Ord. 291 N.S., 05/1970; Ord. 741 N.S., 09/2018) SEC. 4.30 CHARGES FOR ANIMAL CONTROL SERVICES
The Chief of Police shall charge, receive and collect the fees or charges for animal control services, including but not limited to collection and impoundment charges, as shall be set from time to time by City Council resolution. (Ord. 291 N.S., 05/1970; Ord. 355 N.S., 11/1978; Ord. 372 N.S., 05/1978; Ord. 741 N.S., 09/2018)
SEC. 4.31 REPEALED BY ORDINANCE NO. 355 N.S.
SEC. 4.32 REPEALED BY ORDINANCE NO. 355 N.S.
ARTICLES VI. PENALTIES
SEC. 4.33 PENALTIES, CITATIONS, AND ENFORCEMENT
Any person violating any of the provisions of this chapter is guilty of an infraction.
Violators are subject to issuance of an Administrative Citation pursuant to Section 1.9 of the Piedmont City Code, in addition to any other applicable remedies. The fine for such violations shall be as established from time to time by resolution of the City Council. (Ord. 291 N.S., 05/1970; Ord. No. 318 N.S., 05/1974; Ord. No. 339 N.S., 07/1976; Ord. 741 N.S., 09/2018) SEC. 4.34 REMOVAL OF DOG DEFECATION
(a) It shall be unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon any public or private property not owned or controlled by the owner or person having custody of such dog. (b) Any person who has the charge or control of any dog in a location other than on property owned or controlled by such person, or on the property of the owner of the dog, shall have in his possession a suitable wrapper, bag, or container for the purpose of complying with the requirements of this section. The failure of any person to carry such a wrapper, bag, or container when in charge or control of any dog in a location other than on property owned or controlled by such person, or on the property of the owner of the dog, shall constitute a violation of this section.
(c) The violation of any provision of this Section 4.34 shall be an infraction. The City Council shall set the fine for violations from time to time by resolution. (Ord. No. 515 N.S., 12/89)
Rev. 2018-10-04 (Ord. 741 N.S; 09-2018)
Deleted: such service charges relating to
Attachment A Agenda Report Page 15
City of Piedmont - Ordinance Chapter 4 Animals 4930-4508-1800 v.1.docx ORDINANCE XXX N.S.
AN ORDINANCE REPEALING AND REPLACING CHAPTER FOUR
(ANIMALS) OF THE
CITY OF PIEDMONT MUNICIPAL CODE AND FINDING THE
AMENDMENTS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Piedmont hereby ordains as follows:
SECTION 1 RECITALS
WHEREAS, Chapter Four of the Municipal Code regulates various aspects of animals in the City including definitions, licenses, biting animals, impounding of animals, fees, and penalties; and
WHEREAS, the City enforces the requirements in Chapter Four to ensure the safe care of animals and the public within the City; and
WHEREAS, the City desires to update various provisions of Chapter Fourt to be consistent with State law.
SECTION 2 AMENDMENT TO CHAPTER FOUR (ANIMALS)
The City Council of the City of Piedmont hereby amends Chapter Four (Animals) by repealing the Chapter and replacing it in its entirety as set forth in Exhibit A, attached hereto and hereinafter incorporated by reference.
SECTION 4 CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION The Council finds and determines that the amendments to Chapter Four (Animals) made by this Ordinance are not a “Project” for purposes of the California Environmental Quality Act (“CEQA”) in that, these amendments are making administrative changes to be consistent with state law, and not a commitment to a specific project which may result in a potentially significant physical impact on the environment. (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Section 15378.)
SECTION 5 SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.
SECTION 6 EFFECTIVE DATE OF ORDINANCE
Attachment B Agenda Report Page 16
City of Piedmont - Ordinance Chapter 4 Animals 4930-4508-1800 v.1.docx This Ordinance shall be posted at City Hall after its second reading and adoption by the City Council for at least thirty days and shall become effective thirty days after its adoption.
Attachment B Agenda Report Page 17