ORDINANCE NO. 2026-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING CERTAIN SECTIONS OF TITLE 8, “ANIMALS” OF THE
UNION CITY MUNICIPAL CODE TO UPDATE REGULATIONS
PERTAINING TO VICIOUS AND POTENTIALLY DANGEROUS DOGS
WHEREAS, Title 8, “Animals” of the Union City Municipal Code (“UCMC”) establishes rules and regulations intended to protect the public health, safety, and welfare of Union City residents as it pertains to the keeping of animals; and WHEREAS, the City Council finds that dogs that exhibit aggressive or vicious behavior may pose a threat to the health, safety, and welfare of residents, visitors, and other animals within the community; and
WHEREAS, the City Council further finds that clear, enforceable, and updated standards for identifying, regulating, and, where necessary, restricting or removing vicious dogs are necessary to prevent injuries, reduce the risk of attacks, and promote responsible pet ownership; and
WHEREAS, the City Council now desires to amend certain sections of Title 8, “Animals” of the UCMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Based on a series of text amendments and additions, it can be seen with certainty that the ordinance will not have a significant effect on the environment.
SECTION 3. Municipal Code Amendments. Section 8.08.040 “License application,” and Section 8.14.095, “Confinement and fencing,” of the Union City Municipal Code are hereby repealed and replaced, and Section 8.14.020, “Vicious dog defined,” is amended with additions in underline and text removed with strikethrough as provided in Exhibit A, incorporated herein and made a part of this Ordinance.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Ordinance No. 2026-XXX
Update Regulations to Vicious and Potentially Dangerous Dogs
SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Union City held on September 22, 2026.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Union City held on October 13, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments
1. Exhibit A – Municipal Code Amendment
Ordinance No. 2026-XXX
Update Regulations to Vicious and Potentially Dangerous Dogs
Ordinance No. 2026-XXX
Update Regulations to Vicious and Potentially Dangerous Dogs
EXHIBIT A
8.08.040 License Application; Denial and Revocation of License.
A. The owner shall state at the time application is made, upon standard printed forms of application provided for such purpose, their name and address and the name, breed, color, age and sex of each dog for which application is made.
B. The City may deny or revoke a dog license for any of the following reasons:
1. The City has received at least one complaint, signed under penalty of perjury, stating that the applicant of a dog has allowed it to run loose or escape, or has neglected it or another animal;
2. The applicant has been cited for violating a state law, county code, or municipal code relating to the care and control of animals;
3. A court or agency of appropriate jurisdiction has determined that the dog is a nuisance, or that the dog is a potentially dangerous dog or vicious dog, under a state law, county code, or municipal code;
4. The license application contains a material misrepresentation of fact.
C. No part of a dog license fee is refundable when a license is revoked.
D. The City will mail a written notice to the owner of the intent to deny or revoke the dog license stating the reason(s) for the denial or revocation. The owner may request a hearing to appeal the denial or revocation. The request to appeal must be made in writing within 10 days after the notice of intent to deny or revoke is mailed. An owner waives the right to appeal if they do not mail or deliver a written request to appeal within 10 days after the notice of intent is mailed. The City will mail a written notice of the date, time, and place for the hearing to the owner at least 10 days before the hearing date. The hearing officer shall be, and the hearing will be conducted by the City Manager. The hearing will take place within 30 days after the City receives the request for a hearing. An owner who does not appear at the hearing waives the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The City will mail a written decision to the owner within 10 days after the hearing. The decision of the hearing officer is the final administrative decision.
8.14.020 Vicious dog defined.
A. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following, is presumed vicious:
1. An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully;
2. An attack which results in property damage or in an injury to a person when such a person is conducting himself or herself peacefully and lawfully;
3. An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog;
4. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.;
5. Is declared vicious by a court or agency of appropriate jurisdiction under a state law, county code, or municipal code.
Ordinance No. 2026-XXX
Update Regulations to Vicious and Potentially Dangerous Dogs
B. For the purposes of this section, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog when he/she is on such property in the performance of any duty imposed on such person by State or local law or by the laws of postal regulations of the United States, or when he/she is on such property upon invitation, either expressed or implied.
8.14.095 Restrictions on Vicious Dogs.
A. In the event that the decision of the City Manager pursuant to Section 8.14.090 includes abatement by appropriate order, the City may as a prerequisite for the dog’s owner continuing to keep the dog, impose certain conditions. The City may modify the conditions depending on a change in circumstances. It shall be unlawful for a person to fail to comply with any condition the City imposes under this section.
B. The City may impose one or more of the following conditions on an owner for a vicious dog:
1. A requirement that the owner obtain and maintain liability insurance from an insurer licensed to transact insurance business in the state of California with coverage amounts that comply with the requirements of this subsection. The insurance shall provide liability insurance to the owner for any loss or injury that may result to any person or property caused by the dog. The insurance shall provide coverage for the owner in an amount of not less than $500,000 per occurrence, combined single limit for bodily injury and property damage. The owner shall furnish a certificate of insurance to the City and notify the City by registered mail within 10 days of receiving notice from the insurance company that the policy has been cancelled or will not be renewed. The insurance certificate shall provide the following information:
a. The full name and address of the insurer.
b. The name and address of the insured.
c. The insurance policy number.
d. The type and limits of coverage.
e. The effective dates of the coverage.
f. The certificate issue date.
2. Requirements as to the design, specifications, materials and other components of the dog’s enclosure.
3. Requirements as to the type of residence where the dog shall be maintained.
4. Requirements as to the type and method of restraint or muzzling the owner shall employ when the dog is not within its approved enclosure.
5. Requirements for photo identification, microchip implantation or permanent marking of the dog for purposes of identification.
6. A requirement that the owner obtains and maintains a vicious dog registration in addition to the license required under Chapter 8.08 UCMC.
7. A requirement to spay or neuter the dog.
8. A requirement that the dog’s owner allows the City or any other law enforcement agency to inspect the dog and its enclosure.
9. A requirement that the dog’s owner provide the City with proof satisfactory to the City that the owner is complying with all the requirements of this section.
10. A requirement that the dog’s owner agrees to surrender the dog to the City on demand.
Ordinance No. 2026-XXX
Update Regulations to Vicious and Potentially Dangerous Dogs
11.A requirement that the dog not be allowed to work as guard dog, attack dog or sentry dog.
12.Any other requirement the City determines is necessary to protect the public health and safety or the safety of an animal from the actions of a vicious dog.
13.A requirement that the owner pay the City fees to recover the City’s costs to enforce and to verify compliance with this section.
C. The owner of a vicious dog, who intends to change the ownership, custody or residence of the dog, shall provide at least 15 days’ advance written notice to the City of the proposed change. The notice shall identify the dog and provide the name, address and telephone number of the proposed new owner, or the proposed new residence. The City may prohibit the proposed change when the City has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal, by issuing a written order to the owner. No person shall fail to comply with an order the City issues under this subsection. An owner who transfers ownership or custody shall provide written notice to a new owner that the dog is a vicious dog and of the conditions the City imposed pursuant to subsection (B) of this section. The owner shall obtain a written acknowledgment signed and dated by the new owner, acknowledging receipt of the notice and acceptance of the conditions the City imposed. The owner shall provide the City with a copy of the notice and the signed acknowledgment from the new owner.
D. If a vicious dog dies, the owner shall notify the City no later than 24 hours after the dog’s death.
E. If a vicious dog escapes, the owner shall immediately notify the City of the escape and make every reasonable effort to recapture it. The owner shall also notify the City within 24 hours of the dog’s recapture.