§ 6.04.310. Keeping of certain animals as constituting public nuisance—Summary abatement—Impounding—Reclaiming.

It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any animal which unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept, or interferes with any person in the reasonable and comfortable enjoyment of life or property, or creates a significant risk of injury to life or property.

The person who in any instance under the authorization of this title is engaged in enforcing the provisions of this title shall utilize the citation method of enforcement provided in this title if that procedure is reasonably and practicably available to abate the nuisance in preference to the summary abatement procedure of enforcement provided in this title.

If any nuisance described in this section is of a continuing nature, and if no person owning or having custody of the animal is present, any person who is authorized to enforce the provisions of this title and who himself or herself perceives the nuisance may enter any premises where such animal is kept, other than a place of residence or closed garage or out-building, and summarily abate the nuisance in a reasonable and humane manner. If the nuisance cannot be abated in any other manner, the animal may be impounded and, if a clear and present substantial danger to human life or safety exists, the animal may be destroyed in the absence of other available means of restraint.

A notice of impounding shall be affixed to the premises from which an animal is removed and a similar notice shall be sent to the owner of the animal. If the owner is unknown, a notice of impounding shall be mailed to the owner of the property on which such animal was kept, at the address given on the last completed assessment roll of Alameda County. The owner or person having the right to custody of any animal impounded pursuant to this section may reclaim the animal in accordance with the provisions of Section 6.04.200. If the animal is not reclaimed within seven days after it is impounded, the animal may be sold or destroyed in a humane manner.

(Prior code § 3-9.27)