§ 6.08.010. Definitions.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

"Animal Control Section" means that Section of the Oakland Police Department designated by the Chief of Police as being responsible for animal control within the city of Oakland.

"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous dog or vicious dog. The enclosure shall be securely locked, shall have secure sides and bottom sufficient to prevent the dog from escaping, and shall be of sufficient size to provide the dog with an adequate exercise area. A top may be required for the enclosure if necessary to assure the dog's containment.

"Impoundment" means taken into custody by a police officer or an Animal Control Officer.

"Potentially dangerous dog" means:

1.

Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (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; or

2.

Any dog which, when unprovoked, bites a person causing a transitory or short-lived bodily distress or incapacity without need for multiple sutures or corrective or cosmetic surgery; or

3.

Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a "guide dog for the blind," a "service dog for the disabled," or a "hearing dog for the deaf" while off the property of the owner or keeper of the dog; or

4.

Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal off the property of the owner or keeper of the dog.

"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

"Unprovoked" means without being intentionally incited to aggressive action.

"Vicious dog" means:

1.

Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

2.

Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog"; or

3.

Any dog that is associated with conduct which results in the dog's owner or keeper being convicted under Penal Code Section 597.5(a).

(Ord. 12155 (part), 1999; prior code § 3-9.01 (part))