§ 6.04.070. Dogs at large.

Except in the case of a "Seeing Eye dog" actually being used by a blind person, a "signal dog" actually being used by a hearing impaired person, or a "service dog" actually being used by a handicapped person, or a police dog being used by any federal, state, county, city or city and county law enforcement agency for any law enforcement purpose, it is unlawful for any person owning or having in charge, care, control, or custody any dog, hereinafter referred to as "dog guardian", to cause, allow or permit such dog, whether licensed or unlicensed, on or upon any public street, alley or other public place, except as expressly set forth below in this section.

A.

Leashed. All dogs shall be leashed and securely and continuously held by a responsible person when on public property. All dog guardians (owners. caretakers, dog walkers) must keep the dog securely on a leash no further than six feet away from a responsible dog guardian, and the leash must be securely attached to a collar or harness at all times when on sidewalks. streets, alleys, parks or other public property. Chain leashes or tethers are prohibited. Dogs may only be off leash on private property where permission from the property owner permits the dog to be off-leash, or in designated off-leash areas (See Section 6.04.080) Dogs left unattended and attached to any stationary object on public property for more than fifteen (15) minutes are considered at large dogs and are subject to impound. (See Section 6.04.210)

B.

Dogs in Vehicles. In accordance with California law (Penal Code 597.7(a)), dog guardians are prohibited from leaving dogs unattended in vehicles under conditions that endanger the health or well being of the dog due to heat, cold, lack of adequate ventilation or lack of food or water, or other circumstances that could result in, or be expected to cause, suffering, disability or death to the dog.

C.

Nuisance. Dog guardians shall maintain control at all times in order to prevent the dog from trespassing onto private property, from obstructing access to any public or private area, from committing any nuisance on public or private property, or from threatening, harming or damaging any person or other animal on public or private property.

D.

Picking-up. All dog guardians shall pick up after their dogs. Dog guardians shall immediately remove their dog's feces on any public or private property, other than the dog guardian's private property, and then shall dispose of the waste matter in an appropriate trash receptacle. Any person who has custody or control of a dog in a public place is encouraged to carry disposable bags, or a device for picking up and removing dog feces. The City of Oakland encourages the use of biodegradable disposable bags for this purpose.

E.

Enforcement. A violation of the above subsections (A—D) is an infraction as defined at Section 1.28.020(B). This subsection (E) is enforceable by the Oakland Police Department or other authorized city of Oakland employee. See Section 1.24.020(A). Offenders are subject to fines.

F.

Fine Schedule. A first offense shall be punishable by a fine of fifty dollars ($50.00), a second offense within a period of one year shall be punishable by a fine of one hundred dollars ($100.00), and a third or subsequent offense within a one year period shall be punishable by a fine of five hundred dollars ($500.00). As set forth at Section 1.28.020(B) "any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months or by both.

(Ord. 12835 § 1 (part), 2007; prior code § 3-9.07)