HomeMy WebLinkAbout09-Animal Control
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kenneth Childress
Subject: Ordinance amending Title 6
of the Municipal Code concerning
animals.
Dept: Animal Control
Date: January 25, 2006
Meeting Date: February 6, 2006
Synopsis of Previous Council Action:
January 24, 2006: Recommended for approval by the Legislative Review Committee.
Recommended Motion:
That said ordinance be laid over for final adoption.
~~ 4~"i{JJ\o-
Signature
Contact person: K"nn"th ~hilrlr"....
phnn,,'1!i14
Supporting data attached: Staff ReDort
Ward: NA
FUNDING REQUIREMENTS:
None.
Source: NA
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Ordinance amending excerpts of Title 6 of the Municipal Code concerning animals.
Backl!:round:
The Animal Control Commission spent a large portion of its regular monthly meetings during the
previous 12 months conducting a comprehensive review of the City's Animal Control
Ordinance, Title 6. Some of the changes are administrative in nature and others establish more
definitive ways in the keeping limiting, and controlling of animals:
New Ordinance Sections:
6.01.160 SpaylNeuter of adopted shelter animals. Penalty for failure to comply. Currently,
animals under medical treatment at the time of adoption may have the spay/ neuter surgery
deferred by the veterinarian. For those who fail to return for the surgery there is no penalty for
non -compliance. This would tighten that loophole by mandating that the surgery be completed
within 60 days of the deferral.
6.08.145 Methods of Restraint. Establishes fencing condition and height requirements; limits
tie-out as a primary means of restraint (maximum of 12 hours per day) - Often times, fencing is
inadequate and/or inappropriately sized to prevent dogs from running loose in the neighborhood.
This section describes acceptable means of restraint and establishes fencing standards. It also
restricts the tying up of dogs for longer than 12 hours.
6.08.220 Animal Bite - Fine. Currently there is no fine for a pet owner if their dog bites a
person. This establishes a fine for such action.
Modified Sections
. Limits on number of cattle, emus, goats and sheep on certain acreage
. Eliminate fowl within 50' of a residence and reduces number of roosters from two to one
. Eliminate permitting and possessing of wild, dangerous, poisonous and non-domestic
animal within the city limits
All of these changes were finalized and approved by the Animal Control Commission on
November 9, 2005.
Attachments:
. A summary of the changes recommended by the Animal Control Commission.
. Title 6 of the Municipal Code.
Financial Imoact:
There is no direct financial impact as a result of these ordinance changes.
Recommendation:
It is recommended that the ordinance be laid over for final adoption.
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1
ORDINANCE NO. ~ <<:>> fP 1f
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN MUNICIPAL CODE RELATING TO ANIMALS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
5
CHAPTER 6.01
Section 6.01.020 CC of the San Bernardino Municipal Code is hereby
6 amended to read as follows.
7 Cc. "Properly cleaned" means that carcasses, debris, food, waste, and excrement are
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removed from the yard, property, house and primary enclosure with sufficient
frequency to minimize the animal's contact with the above-mentioned contaminants;
that the primary enclosure is sanitized with sufficient frequency to minimize odors,
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insects, and the hazards of disease preventing the animals confined therein from
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being directly or indirectly sprayed with the stream of water, or directly or indirectly
exposed to hazardous chemicals or disinfectants.
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15 Section 6.01.020 HH is hereby added to the San Bernardino Municipal Code:
16 HH. "Wild, exotic, dangerous, poisonous or non-domestic animals" means any
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animals not specifically addressed within this Title.
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19 Section 6.01.130 of the San Bernardino Municipal Code is hereby amended to read as
20 follows:
21 6.01.130 Administration and Enforcement of Title.
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A.
The Animal Control Division shall administer and enforce this Title
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and other Titles pertaining to animals or other species; and all
provisions of the penal laws of the state relating to cruelty to animals.
B.
In the performance of his or her duties, the Animal Control Director,
any Animal Control Officer, and any authorized employee of the
Animal Control Division, shall have the power and authority to
enforce the provisions of this Title and other Titles pertaining to
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animals or other species, including issuance of notices to appear
pursuant to Chapters 5C and 5D of Part 2, Title 3 (commencing with
9853.5) of the Penal Code, for any offense which is a violation of this
Title relating to animals and fowl, or any Code of Regulations or
penal law of the State of California relating to animals and fowl or
cruelty to animals. (Ord. MC-460, 5-13-85; Ord. 3968 91, 1980; Ord. 3926 91,
1980; Ord. 3301,1972; Ord. 821 9515,1921) (City Attorney Opinion No. 89-1)
Section 6.01.140 of the San Bernardino Municipal Code is hereby amended to read as
follows:
6.01.140 Abandonment of Animal.
No person shall abandon any animal. Nothing in this section shall be
construed to prohibit the release of an animal, by its owner, to an animal shelter,
humane society, SPCA or other private animal rescue group.
Section 6.01.160 is hereby added to the San Bernardino Municipal Code:
6.01.160 Failure to Comply with Mandatory Spay/Neuter.
No person shall fail to spay or neuter any dog or cat adopted from the City
anima] shelter unless the shelter's contract veterinarian authorizes a deferral for
medial reasons. In such cases, the surgery must be completed within 60 days of such
deferral.
CHAPTER 6.03
to read as follows:
6.03.020
Section 6.03.020 of the San Bernardino Municipal Code is hereby amended
Bovine, Ratite, Caprine, or Ovine Animals - Not Authorized on Property
Less Than One Acre.
It is unlawful for any person, firm or corporation to stable, pasture or keep or
cause to be stabled, pastured or kept, any bovine (c.g., cow, steer), ratite (e.g., ostrich,
2
emu), caprine (e.g., goat), or ovine (e.g., sheep) animal, or like animal at a place
2 which has an area of less than one acre (43,560 square feet). (Ord. 3465 (part), 1974;
3 Ord. 821 S501(b), 1921)
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5 Section 6.03.025 is hereby added to the San Bernardino Municipal Code:
6 6.03.025 Bovine, Ratite, Caprine, or Ovine Animals - On Property Greater than
7 One Acre.
8 It is unlawful for any person, firm or corporation to stable, pasture, or keep
9 or cause to be kept, more than four of any combination of ratite, bovine, caprine, or
10 ovine at any place in the City provided that a person, firm or corporation having
11 contiguous land of more than five acres, may keep one additional bovine, caprine, or
12 ovine for each acre in excess of such five acres, but not to exceed eighteen animals
13 at any lot. Said animal(s) shall not be kept within one hundred fifty feet of a building
14 or structure used or intended for human occupancy and said animal(s) shall not be
15 kept within fifty feet of any neighboring property line or street line.
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17 CHAPTER 6.05 Section 6.05.050 is hereby deleted from the Sail Bernardino Municipal Code.
18 Sections 6.05.020, 6.05.030, and 6.05.040 of the San Bernardino Municipal Code are hereby
19 amended to read as follows:
20 6.05.020 Domestic Fowl Not Permitted Within Fifty Feet of Human Dwelling.
21 It is unlawful for any person, firm, or corporation to keep, or cause to be kept,
22 or allow to roam, any domestic fowl within fifty feet of any building or structure used
23 or intended for human occupancy.
24 6.05.030 Domestic Fowl Permitted If Kept More than Fifty Feet Away From
25 Human Dwelling.
26 It is unlawful for any person, firm or corporation to keep, or cause to be kept
27 or allowed to roam, more than two domestic fowls between fifty and one hundred
28 feet of any building or structure used or intended for human occupancy. The
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maximum number of domestic fowl on any lot is twenty-four fowl.
6.05.040 Roosters and Peacocks Not Permitted Within 200 feet of Human
Dwelling.
It is unlawful for any person, firm, or corporation to keep any rooster or
peacock within two hundred feet of any building or structure used or intended for
human occupancy. No more than one peacock or rooster is permitted per lot.
CHAPTER 6.07 Sections 6.07.030 through Sections 6.07.080 are hereby deleted from the San
Bernardino Municipal Code. Section 6.07.020 of the San Bernardino Municipal Code is hereby
amended to read as follows:
6.07.020
Animals Prohibited.
No person shall have, keep, maintain, breed, sell or trade any dangerous or
poisonous animal within the City limits. No person shall have, keep, maintain,
breed, sell or trade any wild, exotic, or non-domestic animal that is prohibited by
applicable state and/or federal law within the City limits.
CHAPTER 6.08 Section 6.08.070 is hereby deleted from the San Bernardino Municipal Code.
Sections 6.08.040 and 6.08.140 of the San Bernardino Municipal Code are hereby amended to read
as follows:
6.08.040 License and Tag Required - Fees.
A. Each person, firm or corporation owning, harboring or having custody
or control of a dog of the age of four months or more within the City
shall obtain at least annually a license and tag for the dog. License
and tag fees are payable in advance. If the appropriate fee is not paid
when due, a delinquency penalty shall be added to the fee. A fee shall
be charged for any additional tag issued to replace a lost, stolen,
misplaced or damaged tag and shall be charged for the transfer of
ownership of a licensed dog to a new owner in lieu of a fee for a new
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license for the remainder of the licensing period in which the transfer
occurs. If a dog has a current license from another licensing
jurisdiction and has a current rabies vaccination, said license shall be
recognized by the City upon a payment of a transfer fee.
B. If any person, firm or corporation acquires the ownership, custody or
control of a dog, the new owner shall obtain the license required by
this Title within 30 days after acquiring the ownership, custody or
control of such dog, if the dog is then of the age of four months or
more, or within 30 days after such dog attains the age of four months.
The license shall expire the same month as the month the rabies
vaccination expires. The first license fee for a dog may be prorated
to expire at the same time as the rabies vaccination expires.
C. Moneys received during the current year for a license shall be first
applied to the payment of delinquent fees, sums and penalties due
during the preceding year(s), and any balance remaining thereafter
shall be applied to the payment of the current license fees and
penalties. A license issued during any prior year to the same owner
for license shall be prima facie evidence in any court or
administrative proceeding that the dog was continuously owned by
the same owner from the prior year to the current year. (Ord. MC-639,
9-19-88; Ord. MC-528, 7-7-86; Ord. MC-363, 4-16-84; Ord. MC-50, 1981; Ord.
393791,1980; Ord. 3577,1976; Ord. 8219519,1921)
6.08.140 Running at Large.
A. Persons owning, having control or custody of any dog or other animal
shall, at all times, keep the animal on a leash (except in an authorized
off-leash dog park) or secured by the other suitable means of restraint
or confined by a fence on their property or the private property of
another, with the permission of the owner of that property, so as to
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c.
B.
prevent the animal from being at large, biting or harassing any person
engaged in a lawful act, interfering with the use of public property or
with the use of another person's private property, or being in violation
of any other section of this Title.
The provisions of paragraph A of this Section shall not apply to the
following:
(1) Any dog used by a law enforcement agency.
(2) Any dog while participating in a formal dog
obedience training program or any dog participating
in a dog show or other program expressly permitted or
sponsored by the City.
(3) Any dog within a posted off-leash area in any City
park, as established by Resolution of the Mayor and
Common Council; provided, however, that nothing
herein shall relieve the owner or person having
charge, custody, care and/or control of such dog from
the responsibility to maintain proper control over the
dog nor shall this paragraph be construed as relieving
such person from any liability for any damages arising
out of his or her use of an off-leash area.
In order to be subject to the exemption set forth in paragraph B(3) of
this Section, all persons must comply with all requirements of law
and the following rules and regulations when utilizing any off-leash
area:
(1) No dog is permitted in an off-leash area except when
in the care, custody, and control of a person at least
(13) years old. Any person under thirteen (13) years
of age must be accompanied by, and be under the
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(6)
(7)
(8)
(2)
direct supervision of, an adult. No person may have
more than two dogs in an off-leash area at anyone
time. No dogs are pern1itted in the off-leash area
except during posted hours of operation.
All dogs must be at least four months of age,
vaccinated for rabies, and currently licensed by the
City's Animal Control Division. No dog that is sick,
in heat, injured, or less than four (4) months of age, or
which displays aggressive behavior towards other
dogs or humans is permitted in any off-leash area.
Any person having care, custody or control of a dog in
an off-leash area shall quiet or remove the dog if it
barks and shall promptly remove and properly dispose
of any waste deposited by such dog.
No animals other than dogs are permitted in any off-
leash area.
The designated hours of use for the off-leash area
shall coincide with the regular hours of the park as
designated by 912.68.020 of this Code.
As a condition of admission to an off-leash area, the
owner or person in custody of the dog shall carry a
suitable container or instrument for the removal and
disposal of dog feces.
Any person having care, custody or control of a dog in
the off-leash area must have in his or her possession
a leash for such dog which shall be worn by the dog at
all times the dog is not in the off-leash area.
All persons will otherwise comply with all rules
(3)
(4)
(5)
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24 Section 6.08.145 is hereby added to the San Bernardino Municipal Code:
25 6.08.145 Methods of Restraint - Improper Restraint.
26 A. Any person walking a dog on a leash on public property including
27 sidewalks, and the private property of others, must keep the dog on
28 a leash and under physical control being able to restrain the
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D.
governmg City parks and all relevant parking
regulations.
(9) The use of an off-leash area by any dog shall
constitute consent of the dog's owner or any person
having the care, custody or control of the dog, to
strictly follow the rules in 96.08.140 and shall
constitute a waiver of liability to the City, its elected
officials, officers and employees, an assumption of all
risks, and an agreement and undertaking to protect,
indemnify, defend and hold harmless the City, its
elected officials, officers and employees, for any
injury or damage to persons or property during any
time that the dog is in the off-leash area.
Any person violating any provisions of this section, including, but not
limited to, violation of any rules applicable to use of off-leash areas,
shall be guilty of an infraction, punishable as set forth in Chapter 1.12
of this Code.
Civil Remedies Available. The violation of any of the provisions
ofthis Ordinance shall constitute a nuisance and may be abated by the
City through civil process by means of restraining order, preliminary
or permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
E.
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c.
B.
movement of the dog with the leash at all times. The leash must be
kept in good condition; of sufficient strength to prevent breaking
under pressure; and of material generally resistant to chewing or
gnawing by an animal. The leash must be of a length to control the
dog from harassing pedestrians or other animals at all times.
Fencing must be adequate in terms of size to the number of dog(s)
contained in the fenced area to prevent the dog(s) from escaping, of
recognized construction methods, and in compliance with all other
sections of the San Bernardino Municipal Code. Gates must be
properly secured by a latching or locking mechanism and the height
and condition of the fence must be able to prevent the dog(s) from
escaping. A fence should be at least two and one-half(2 Yz) times the
height of the dog's shoulder when the dog is standing on four (4) legs
and be in compliance with all other sections of the San Bernardino
Municipal Code. However, should a dog be able to escape from a
fenced yard, either by climbing, jumping or digging, additional
fencing height, kennels, or other restraint methods may be required
in addition to fencing. Fencing must be maintained in continued
good condition. Existing fencing regardless of height will be
considered an acceptable means of restraint unless and until a written
complaint is filed with the Division of Animal Control and evaluated,
or iffencing allows dogs to reach over and harass people on adjacent
private property or people on the public right of way.
Invisible fencing maybe used as an alternative to traditional fencing
as long as the system is installed by an authorized dealer of such
products and set up and maintained in the following manner:
(1) The owner and handler of the dog receive training
regarding the use and maintenance of said system.
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F.
D.
(2) The owner or handler must post signs visible from the
public streets or driveways sufficient to alert the
general public upon approaching the property where
the fencing is located.
(3) Two (2) signs are required stating that the "Dog is
confined by electronic device," the name, address and
telephone number of the company, any trademark
and/or logo of either the company that installed the
system or the company that maintains the system.
Signs shall be at least six (6) inches by eight (8)
inches and be displayed in a prominent and visible
location.
Dog kennels must be tall enough to prevent the dog(s) from jumping
over, or have a secure top, and must be able to prevent dog(s) from
digging out. Kennels must have a minimum of 100 square feet for
one dog, plus an additional 25 square feet for each additional dog in
the same enclosure.
Cable runs are authorized as an alternative to fencing or kennel runs.
Cable runs must allow the animal freedom of motion to move about
at will within a protected area on the property without becoming
tangled in obstacles. The cable runs shall be located in the yard area
so as to prevent the dog from traversing upon another person's
property, public sidewalks or public property, and from charging and
harassing persons and pedestrians utilizing these properties. Cables
must be sized according to the manufacturer's specifications for the
weight of the animal.
Tie-outs must be of sufficient length to allow the animal freedom of
movement without becoming tangled, but never less than eight (8)
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feet in length, excluding the length of the collar. Tie-outs must be
made of a non-rigid material. Tie-outs shall not be the primary means
of restraint and no animal shaIl be kept in this manner for more than
12 hours a day.
G. It is unlawful to use a weighted chain coIlar as a method of restraint.
H. No person shaIl use a dog as a weapon or to threaten or harass other
person(s) or animal(s), or keep a dog in such a manner wherein the
dog charges a fence, leaps up and reaches across the fence in an
assaultive manner to a pedestrian on public property or a neighbor
legally on private property.
1. If a dog is found running at large by the City of San Bernardino
Animal Control, the incident shaIl constitute prima facie evidence
that current restraint methods are inadequate, and the owner shaIl be
required to correct any conditions that permitted the dog to run-at-
large, and provide such additional restraints as are necessary to secure
and maintain the future restraint of the dog.
Section 6.08.220 is hereby added to the San Bernardino Municipal Code:
6.08.220 Animal Bite.
No person shall fail to control or restrain an animal thereby aIlowing it to bite a person on
public property or lawfully on private property. A bite is defined as a puncture wound that breaks
the skin.
CHAPTER 6.09
to read as foIlows:
6.09.060 Seizure and Impoundment Pending Hearing.
If the Animal Control Officer or law enforcement officer determines that
Section 6.09.060 of the San Bernardino Municipal Code is hereby amended
probable cause exists to believe the dog in question poses an immediate threat to
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public safety, or if the animal was previously declared potentially dangerous or
vicious and the owner is found to be in violation of the hearing order or of any
provisions of this chapter and probable cause exists to believe the dog poses an
immediate threat, he or she may seize and impound the dog pending the hearings held
pursuant to this Chapter. If the dog is later adjudicated potentially dangerous or
vicious or if the owner is found to be in violation of this chapter, the owner or keeper
of the dog will be liable for costs and expenses of impounding the dog. If the Animal
Control Officer determines that the impoundment is not contrary to public safety, he
or she shall permit the animal to be confined in a City-approved kennel or veterinary
facility, at the owner's expense.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
5 the day of
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7 Council Members:
8
ESTRADA
9 LONGVILLE
10 MCGINNIS
II DERRY
KELLEY
12 JOHNSON
13 MCCAMMACK
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AYES
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, 2006, by the following vote, to wit:
meeting there of, held on
NAYS
The foregoing resolution is hereby approved this
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Approved as to
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Form and legal content:
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24 JAMES F. PENMAN,
City Attorney
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26 By: .Af:/~~
27 ~
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13
ABSTAIN ABSENT
Rachel G. Clerk, City Clerk
day of
2006.
Judith Valles, Mayor
City of San Bernardino
City of San Bernardino
Animal Control Commission
Title 6 Recommendations
Developed and Reviewed at Commission Meetings
August 11, 2004 to November 9, 2005
The following revisions to excerpts of Title 6 of the San Bernardino City Municipal
ordinance were discussed and recommended by this committee on the above referenced
dates:
Title 6
Animals
Chapter 6.01
GENERAL PROVISIONS
6.01.020 Definitions
CC. "Properly Cleaned" means that carcasses, debris, food, waste, and excrement are
removed from the yard, IJrolJertv, house and primary enclosure with sufficient
frequency to minimize the animal's contact with the above-mentioned contaminants;
that the primary enclosure is sanitized with sufficient frequency to minimize odors,
insects, and the hazards of disease and eliminate the hazards of disease so as to
prevent the animals confined therein from being directly or indirectly sprayed with
the stream of water, or directly or indirectly exposed to hazardous chemicals or
disinfectants.
HH. "Wild, exotic, dangerous, poisonous or non-domestic animals" means any
animals not specifically addressed within this Title.
6.01.130 Administration and Enforcement of Title.
A. The Animal Control Division shall administer and enforce this Title and other Titles
lJertainina to animals or other slJecies; and all provisions of the penal laws of the
state relating to cruelty to animals.
B. In the performance of his or her duties, the Animal Control Director, any Animal
Control Officer, and any authorized employee of the Animal Control Division, shall
have the power and authority to enforce the provisions of this Title and other Titles
pertainina to animals or other slJecies, including issuance of notices to appear
pursuant to Chapters 5C and 5D of Part 2, Title 3 (commencing with s853.5) of the
Penal Code, for any offense which is a violation of this Title relating to animals and
fowl, or any Code of Reaulations or penal law of the State of California relating to
animals and fowl or cruelty to animals.
1
(Ord. MC-460, 5-13-85; Ord. 396891,1980; Ord. 392691,1980; Ord. 3301,1972; Ord. 8219515, 1921)(City
Attorney Opinion No. 89-1)
6.01.140 Abandonment of Animal.
No owner person shall abandon any animal. Nothing in this section shall be
construed to prohibit the release of an animal, by its owner, to an animal shelter,
humane society, SPCA or other private animal rescue group.
6.0I.I60 Failure to Complv with Mandatory Spay/Neuter.
No person shall fail to spay or neuter any dOCl or cat adopted from the Citvanimal
shelter unless the shelter's contract veterinarian authorizes a deferral for medical reasons.
In such cases, the suraerv must be completed within 60 days of such deferral.
Chapter 6.03
KEEPING OF NON-EQUINE LIVESTOCK
6.03.020 Bovine, Ratite, Caprine, or Ovine Animals - Not authorized on propertv less than one
~
It is unlawful for any person, firm or corporation to stable, pasture or keep or cause to
be stabled, pastured or kept, any bovine (e.g., cow, steer), ratite (e.g., ostrich, emu),
caprine (e.g., goat), or ovine (e.g., sheep) animal, or like animal at a place which has an
area of less than one acre (43,560 SQuare feet.) 3nd within one hundred fifty feet of ::my
neighboring property line or street line. (Ord. 3465 (part), 1974; Ord. 821 9501(b), 1921)
6.03.025 Bovine. Ratite. Caprine. or Ovine Animals - On propertv Qreater than one acre
It is unlawful for any person. firm or corooration to stable. pasture or keep or cause to be
stabled, pastured or kept, more than four of any combination of ratite, bovine, caNine or o vine at
any place in the City provided, that a person, firm or corooration havinq contiGUOUS and of more
than five acres may keep one additional bovine, caprine or o vine for each acre in excess of such
five acres, but not to exceed eiGhteen animal(s) at any lot. Said animal(s) shall not be kept within
fifty feet of any neiGhborinG property line or street line.
Chapter 6.05
FOWL
6.05.020 Domestic Fowl Not Permitted Within Fifty Feet of Human Dwelling
It is unlawful for any person, firm or corooration to keep, or cause to be kept, or allow to
roam any domestic fowl within fifty feet of any buildinG or structure used or intended for human
occupancy.
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6.05.030 Domestic Fowl Permitted Over Fiftv Feet of Human Dwellina
It is unlawful for any person, firm or cOfIJoration to keep, or cause to be kept or allow to roam,
more than two domestic fowl between fiftv and one hundred feet of any buildincr or structure used or
intended for human occupancy. Any organization that uses domestic fowl for educational purposes
may bo exempted from this section. All exempted organizations shall maintain compliance with
6.01.060 of this Title. Failure of an organization to remain in compliance with 6.01.060 shall
constitute a forfeiture of this exemption. I\ny organization that desires an exemption shall register
with the .".nimal Control Divieion. The maximum number of domestic fowl on any lot is twenty-four
fowl.
6.05.040 Roosters and Peacocks not permitted within 200 feet of Human DwelJinQ
It is unlawful for any person, firm or corporation to keep any rooster or peacock within two
hundred feet of any house oecupied by human beings as a dwelling building or structure used or
intended for human occupancy. No more than one veacock or rooster is vermitted vel' lot
Chapter 6.07
WILD, EXOTIC, DANGEROUS, POISONOUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY.
6.07.020 Animals Prohibited.
No person shall have, keep, maintain, breed, sell or trade any dangerous or poisonous
animal that ie prohibited by applicable etate and/or federal law within the City limits. No person
shall have, keep, maintain, breed, sell or trade any wild, exotic, or non-domestic animal that is
prohibited bv applicable state and/or federal law within the City limits.
6.07.030 Authorizatien Required.
fllo percon chall ha'le, keep, maintain, breed, cell, trade or let for hire any wild, exotic,
dangerouc or non domestic animal that ic permitted by applicable state and f-oderallaw, and is not
generally recognized as a houcehold pet, without first applying to and receiving speciQI 3uthorizLltion
from the Anim31 Control Division of the City. The keeping or maintenance of such 3nimals shall also
conform to the applicable pro'/isions of the City's zoning ordinancec, as well as to any 3pplicable
laws promulgated by the state and the federal government. (Ord.J465 (part), 1974; Ord. 8213508(3),
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6.07.040 Authorizatien Granted When Permit Fee.
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The Animol Control Director, or his or her dosignoo, may outhorize the koeping or
mointoining of ony non domestic mommol or wild, oxotic, dongorous or non domestic animal when,
in his or her sole discretion, such onimol moy bo kept or mointoined withollt endangering the safety
of ,:my porson, property or other onimol, nor create 0 nuisonco; providod, ho'....ever, thot the Animol
Control Director, or his or hor designoo, may rE)quire any such animal to be I3r.operly caged, tetherod,
or restrained, and moy create such 3dditionol requirements as moy be neeese:ary and proper to
enSUrE) the protection of life and property. Any person owning or keeping 0 privately owned wild,
exotic, dongerous or non domoe:tic animol, including, but not limited to, birde: (predotore: 3nd
scovengors), primates, cote: (other than house cols), reptiles, aquotic animale: (cornivore), 3nd non
domestic mommols, sholl pay on annual permit foe os set by the M3yor and Common Council,
paY3ble in odvonce at the timo of filing 3n opplication. Any person owning or keeping multiple
onimols of the same species shall P3Y 0 single fee excopt th3t moro thon thrDe of soid animals of
the samo species shall be deemed to be 0 menogerie and sholl be subject to permit under
~6.07.050. (Ora. J4€l5 (part), 1974; Ora.1l21 ~505(b), 1921)
€i.gr.Oag Permit Expiration; Revosation.
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Any permit issued under this Ch3ptor shall expire ot the end of the fiscal yeor in '....hich the
pormit is issued. The procedure for tho renewol of such permit is subject to the some
conditions as ore applicoble to the original permit.
B.
Tho Animol Control Division moy revoko its speciol 3uthoriz3tion ond ony permit issued
pursuont to this Chopter whenevor it determines that ony permittee hos foiled to meel the
conditions prescribed in this Title. Such revocation Sh311 be effective until the permittee hos
complied with the provisions of this Tille to the satisfaction of the Animo I Control Division
whereupon on I\nimal Control Officer shall issue a notice of complionce ond the permittee
sholl bo eligiblo to bo reinstotod for the remainder of the original term for'Nhich it wos issued.
Any such rO'locotion moy be appealed to the Heoring Officer 'Nithin fiftoen (15) do]'s of the
revocotion by filing 0 Request for Heoring with the City Clerk os provided in ~6.14 .0gO of this
Code. (Ora. J465 (p3rt), 1974; Ora.1l21 ~505(G), 1921)
6.or.g€iO Authorization ana Lisense Not Transferable.
The e:poci31 outhorizotion of tho /'.nimol Control Division, together with ony license or permit
issued pursuont to this Chopter, shall not bo trancteroble. (Ora.3465 (p3rt), 1 974; Ora.821 ~505(o), 1921)
€i.or.grg \.'assination of Wila, Exotis, Oangerows or Non Oomestis Animals.
Any porson, firm, corporation or other business enterprise soeking e:pecialauthorizolion from
tho Animol Control Division pursuont to the provisions of Choptor 6.07 sholl couse such wild, exotic,
dangerous or non domestic onimal to be voccinotod ogoinslany diseose poculior to its spocies by 0
'Ieterinorion duly licensed by tho Slote. (Ora. 3334 (p3rt), 1973; Ora. 821 ~506 (p3rt), 1921)
€i.or.oag Certificate of Va&sination.
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Upon vaooinating :my :mimal pursu::mt to this Ch::lpter, the voterinarian shall issuo ::l
oortifio::lto of vacoin::ltion, setting forth tho d::lto of vaooination, tho vaooine(s) usod, the dos::lge(s),
tho oxpiration d::lto, and any other inform::ltion that tho vetorinarian deems rolo'l:mt. Tho oortifioato of
vaccin::ltion as prosoribod by this Chaptor sh::lll bo a oondition prooodont to reooi'ling spooi::ll
3uthorization as providod in Chapter 6.07. (Ord. JJJ4 (part), 197J; Or8. 1121 ~5ga (part), 1921)
Chapter 6.08
DOGS
6.08.040 License and Tag Required. Fees.
C. Moneys received during the current year for a license shall be first applied to the payment of
delinquent licenses, fees, sums and penalties due during the preceding year~ the dog was
unlicensed and any balance remaining thereafter shall be applied to the payment of the
current license fees and penalties. A license issued during any prior f+s6at year to the same
owner for license shall be prima facie evidence in any court or administrative proceeding that
the dog was continuously owned by the same owner from the prior year to the current year.
6.08.0140 RunninQ at LarQe
A. Persons owning, having control or custody of anv dog or other animal shall, at all times, keep the
animal on a leash (except in an authorized off-leash dog park) or secured by other suitable means
of restraint or confined by a fence on their property or the private property of another, with the
permission of the owner of that property, so as to prevent the animal from being at large, biting or
harassing any person engaged in a lawful act; interfering with the use of public property or with
the use of another person's private property; or being in violation of any other section of this Title.
,^.. No pcrsoR oVo'fling or AaviRg cORtrol of any clog or otRer animal shall flermit sHeh dog or other aRimal
to be flresent HpOR any flHblie street, sidewalk, school groHRd, pHolic park, playgreHRd or any other
publie place, or aRY HncRelosea priyate flroperty Rot ownee or lawfHlly possesses by SHch flerSOR, or
up OR any flriyate flroperty witHout tHe CORseR! of tile owner or lawfHl possessor tRereof, unless SHCR
animal is securee by a leasR no more tRan sill (6) f-eet in lengtA. /\ persoR RoldiRg sHeh leash FFlHst
maiRtain direct pRysical CORtro] oyer the sog or otAer aRimal.
B. The provisions of paragraph A of this Section shall not apply to the following:
(I) Any dog used by a law enforcement agency.
(2) Any dog while participating in a formal dog obedience training program or
any dog participating in a dog show or other program expressly permitted or
sponsored by the City.
(3) Any dog within a posted off-leash area in any City park, as established by
Resolution of the Mayor and Common Council; provided, however, that
nothing herein shall relieve the owner or person having charge, custody, care
and/or control of such dog from the responsibility to maintain proper control
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over the dog nor shall this paragraph be construed as relieving such person
from any liability for any damages arising out of his or her use of an off-leash
area.
C. In order to be subject to the exemption set forth in paragraph B(3) of this Section, all
persons must comply with all requirements of law and the following rules and
regulations when utilizing any off-leash area:
(1) No dog is permitted in an off-leash area except when in the care, custody,
and control of a person at least thirteen (13) years old. Any person under
thirteen (13) years of age must be accompanied by, and be under the direct
supervision of, an adult. No person may have more than two dogs in an off-
leash area at anyone time. No dogs are permitted in the off-leash area
except during posted hours of operation.
(2) All dogs must be at least four months of age, vaccinated for rabies, and
currently licensed by the City's Animal Control Division. No dog that is sick,
in heat, injured, or less than four (4) months of age, or which displays
aggressive behavior towards other dogs or humans is permitted in any off-
leash area.
(3) Any person having care, custody or control of a dog in an off-leash area shall
quiet or remove the dog if it barks and shall promptly remove and properly
dispose of any waste deposited by such dog.
(4) No animals other than dogs are permitted in any off-leash area.
(5) The designated hours of use for the off-leash area shall coincide with the
regular hours of the park as designated by 912.68.020 of this Code.
(6) As a condition of admission to an off-leash area, the owner or person in custody of
the dog shall carry a suitable container or instrument for the removal and disposal of
dog feces.
(7) Any person having care, custody or control of a dog in the off-leash area must have
in his or her possession a leash for such dog which shall be worn by the dog at all
times the dog is not in the off-leash area.
(8) All persons will otherwise comply with all rules governing City parks and all relevant
parking regulations.
(9) The use of an off-leash area by any dog shall constitute consent of the dog's owner
or any person having the care, custody or control of the dog, to strictly follow the
rules in 96.08.140 and shall constitute a waiver of liability to the City, its elected
officials, officers, and employees, an assumption of all risks, and an agreement and
undertaking to protect, indemnify, defend and hold harmless the City, its elected
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officials, officers and employees, for any injury or damage to persons or property
during any time that the dog is in the off-leash area.
D. Any person violating any provision of this section, including, but not limited to, violation of
any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as
set forth in S1.12.01 0 of this Code.
E. Civil Remedies Available. The violation of any of the provisions of this Ordinance shall
constitute a nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner provided by law
for the abatement of such nuisances.
6.08.145 Methods of Restraint -Improper Restraint
(New)
L Any person walkina a doa on a leash on public property includina sidewalks. and the private
property of others, must keep the doa on a leash and under physical control beina able to
restrain the movement of the doa with the leash at all times. The leash must be kept in aood
condition; of sufficient strenath to prevent breakina under pressure; and of material aenerally
resistant to chewina or ana win a by an animal. The leash must be of a lenath to control the doa
from harassina pedestrians or other animals at all times.
B. Fencina must be adeauate in terms of size to the number of doas contained in the fenced area
to prevent the doas from escapina, of recoanized construction methods. and in compliance with
all other sections ofthe San Bernardino Municipal Code. Gates must be properly secured by a
latchina or lockina mechanism and the heiaht and condition of the fence must be able to prevent
the doa from escapina. A fence should be at least two and one-half (2 1/2) times the heiaht of
the doa's shoulder when the dOQ when the doa is standina on four (4) leas and be in compliance
with all other sections of the San Bernardino Municipal Code. However. should a doa be able to
escape from a fence, either by climbina, iumpinG or diaaina, additional fencina heiaht, kennels,
or other restraint methods may be reauired in addition to fencina. Fencina must be maintained in
continued aood condition. Existina fencina reaardless of heiaht will be considered acceptable
means of restraint unless and until a written complaint is filed with the Department of Animal
Control and evaluated or if fencinQ allows dOGS to reach over and harass people on
adiacent private property or people on public riGht of way.
3. Invisible fenGina may be used as an alternative to traditional fencinq as lonq as
the system was installed by an authorized dealer of such products and provided
the fencinq is set up and maintained in the followinq manner:
(I) The owner and handler of the doq receive traininq reqardinq the use and
maintenance of said system.
(2) The owner or handler must post siqns visible from the public sidewalks and
public streets or driveways sufficient to alert the qeneral public upon
approachinq the property which the fencinq is located.
(3) Two (2) siqns are required statinq that the "Doq is confined by electronic device,"
the name, address and telephone number of the company, any trademark
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and/or loqo of either the company that installed the system or the company that
maintains the system. Siqns shall be at least six (6) inches by eiQht (8) inches
and be displayed in a prominent and visible location
D. DOQ kennels must be tall enouqh to prevent the dOQ from iumpinq over or have a
secure top and be able to prevent doqs from diaqinq out. Kennels must have a
minimum of 100 square feet for one doa, plus an additional 25 square feet for
each additional doq in the same enclosure. (Can delete 6.08.070)
E. Cable runs are authorized as an alternative to fencinq or kennel runs. Cable runs
must allow the animal freedom of motion to move about at will within a protected
area on the property without becominq tanqled in obstacles. The cable runs shall
be located in the yard area so as to prevent the doq from traversinq upon another
person's property, public sidewalks or public property. and from charqinq and
harassinq persons and pedestrians utilizina these properties. Cables must be
sized accordinq to the manufacturer's specifications for weiqht of the
animal.
F. Tie-outs must be sufficient in lenqth to allow the animal freedom of movement
without becominq tanqled, but never less that eiqht (8) feet in lenqth, excludinQ
the lenqth of the collar. Tie-outs must be made of a non-riqid material. Tie-outs
shall not be the primary means of restraint and no animal shall be kept in this
manner for more than 12 hours a day.
G. It is unlawful to use a weiqhted chain collar as a means of restraint.
H. No person shall use a doq as a weapon or to threaten or harass other persons or
animals or keep a doq in such a manner where the doq charqes a fence. leaps
up and reaches across the fence in an assaultive manner to a pedestrian on
public property or a neiqhbor leqally on private property.
I. If a doq is found runninq at larqe by the City of San Bernardino Animal Control.
the incident shall constitute prima facie evidence that current restraint methods
are inadequate, and the owner shall be required to correct any conditions that
permitted the doq to run-at-Iarqe. or provide such additional restraints as are
necessary to secure and maintain the future restraint of the doq.
6.08.220 Animal Bite
(new)
No person shall fail to control or restrain an animal thereby allowinq it to bite a person
on public property or lawfully on private property. A bite is defined as a puncture wound that
breaks the skin.
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6.09.060 Seizure and Impoundment Pending Hearing.
If the Animal Control Officer or law enforcement officer determines that probable
cause exists to believe the dog in question poses an immediate threat to public safety, or if
the animal was previouslv declared potentiallv danaerous or vicious and the owner is found
to be in violation of the hearina order or of anv provisions of this chapter and probable
cause exists to believe the doa poses an immediate threat, he or she may seize and
impound the dog pending the hearings held pursuant to this Chapter. If the dog is later
adjudicated potentially dangerous or vicious or if the owner is found to be in violation of this
chapter, the owner or keeper of the dog will be liable for costs and expenses of impounding
the dog. If the Animal Control Officer determines that the impoundment is not contrary to
public safety, he or she shall permit the animal to be confined in a City-approved kennel or
veterinary facility, at the owner's expense.
Members of the Animal Control Commission included:
Committee Chair, Susan Benevy, Seventh Ward
Committee Vice Chair Rufus Roney, Second Ward
Commissioners:
James E. Brown, First Ward
Susan Dawson, Fourth Ward
Misty Fillhart Fifth Ward
Marilyn Sauer, Mayoral Appointee
Bud Coffey, Mayoral Appointee
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