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Health & Fitness

Letter to City Hall, Asking for Better Training for APD

It has been one week, now, since sweet little Amoré was gunned down by an Albany Police officer, while playing. Upon closer inspection of the law, methinks that Ms. Almaguer doth choose her words without knowledge of that law.

The following is the text of an email that i sent to the City of Albany (and, specifically, to Nicole Almaguer) this morning:
Dear City of Albany,
Please consider handling this incident in a manner which is more in line with the law.

Here's what the law in Albany says, on dogs that are considered a public nuisance: 
(Note: the parts marked with {{{}}}'s)
10-4 PUBLIC SAFETY. 
10-4.1 General Purpose. 
It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the City any animal which disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept, or interferes with any person in the enjoyment of life or property, or creates a RISK OF INJURY TO LIFE or property. 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, the City may enforce the provisions of this title 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 DESTROYED IN THE ABSENCE OF OTHER MEANS OF RESTRAINT.

10-4.2 Animals At-Large. a. Except as otherwise provided, no domestic animal, except cats, shall be permitted to be on public property or the private property of anyone other than the guardian/owner unless UNDER PROPER CONTROL AND SUPERVISION BY A CAPABLE PERSON. Any domestic animal found at-large within City limits shall be {{{impounded}}}.

10-4.3 Vicious Animals. It shall be unlawful for any person owning or having custody or control of any vicious or dangerous animal to ALLOW OR PERMIT SUCH ANIMAL TO BE AT LARGE OR TO BITE A PERSON. It shall be unlawful for any person owning or having custody or control of any dangerous or vicious animal to allow or permit such animal to BE IN OR UPON ANY STREET, PUBLIC PARK, SCHOOL GROUND, PUBLIC PLAYGROUND WITHIN THE CITY, UNLESS SUCH ANIMAL IS SECURELY AND HUMANELY MUZZLED. No dangerous or vicious dog shall go unconfined on the premises of the guardians/owners. A vicious dog shall be considered unconfined if it is not securely confined indoors or confined in a securely enclosed and locked pen. The enclosure in question shall be adequate as determined by the City. The guardian/owner of any dog found to have bitten a person without justification shall be assessed a penalty in accordance with the Master Fee Schedule and the animal will be reclassified as a dangerous animal. THE CITY RETAINS THE PREROGATIVE TO DECIDE WHAT CONSTITUTES JUSTIFICATION (Ord. #98-02, §1; Ord. #04-03, §1)

California Law, says:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 9 (commencing with Section 31601) is added to Division 14 of the Food and Agricultural Code, to read: 

CHAPTER 9. POTENTIALLY DANGEROUS AND VICIOUS DOGS

Article 1. Findings, Definitions, and General Provisions

31602. 'Potentially dangerous dog' means any of the following: (a)  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. 
 (b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.
 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. 31603. 'Vicious dog, means any of the following: 
(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(c) 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 Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.

31604. 'Severe injury' means any physical injury to a human being that results in muscle tearing or disfiguring lascerations or requires multiple sutures or corrective or cosmetic surgery.

31607.  {{{'Impounded'}}} means taken into the custody of the public pound or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found.

31621. Judicial Process

31621. If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, shall petition the municipal court within the judicial district wherein the dog is owned or kept, for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. A city or county may establish an administrative hearing procedure to hear and dispose of petitions filed pursuant to this chapter. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The chief officer of the public pound or animal control department or head of the local law enforcement agency shall notify the owner or keeper of the dog that a hearing will be held by the municipal court or the hearing entity, as the case may be, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served 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 working days nor more than 10 working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public.


There are better ways to do things.
Please, look into the feasibility of these techniques. 
http://reason.com/blog/2012/10/26/police-kill-dog-shoot-owner-as-he-attemp

I await your response.
Thank you,
Amber Whitson
Albany resident since 2006
Former member, Albany Homeless Task Force
Current member, HTF2
CFO, Albany Housing Advocates

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The views expressed in this post are the author's own. Want to post on Patch?