HomeMy WebLinkAboutMC-1214
Adopted: February 21, 2006
Effective: March 24, 2006
1 ORDINANCE NO. KC-1214
2 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:
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CHAPTER 6.01
Section 6.01.020 CC ofthe 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;
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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 ofwater, or directly or indirectly
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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
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provisions ofthe penal laws of the state relating to cruelty to animals.
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B.
In the performance of his or her duties, the Animal Control Director,
any Animal Control Officer, and any authorized employee of the
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Animal Control Division, shall have the power and authority to
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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
S853.5) ofthe 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 S 1,1980; Ord. 3926 SI,
1980; Ord. 3301, 1972; Ord. 821 S515, 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
animal 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 (e.g., cow, steer), ratite (e.g., ostrich,
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1 emu), caprine (e.g., goat), or ovine (e.g., sheep) animal, or like animal at a place
2 which has an area ofless 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 ofa 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 San 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 ofthe 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. Ifthe 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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1 license for the remainder of the licensing period in which the transfer
2 occurs. If a dog has a current license from another licensing
3 jurisdiction and has a current rabies vaccination, said license shall be
4 recognized by the City upon a payment of a transfer fee.
5 B. If any person, firm or corporation acquires the ownership, custody or
6 control of a dog, the new owner shall obtain the license required by
7 this Title within 30 days after acquiring the ownership, custody or
8 control of such dog, if the dog is then of the age of four months or
9 more, or within 30 days after such dog attains the age offour months.
10 The license shall expire the same month as the month the rabies
11 vaccination expires. The first license fee for a dog may be prorated
12 to expire at the same time as the rabies vaccination expires.
13 C. Moneys received during the current year for a license shall be first
14 applied to the payment of delinquent fees, sums and penalties due
15 during the preceding year(s), and any balance remaining thereafter
16 shall be applied to the payment of the current license fees and
17 penalties. A license issued during any prior year to the same owner
18 for license shall be prima facie evidence in any court or
19 administrative proceeding that the dog was continuously owned by
20 the same owner from the prior year to the current year. (Ord. MC-639,
21 9-19-88; Ord. MC-528, 7-7-86; Ord. MC-363, 4-16-84; Ord. MC-50, 1981; Ord.
22 3937 gl, 1980; Ord. 3577, 1976; Ord. 821 g519, 1921)
23 6.08.140 Running at Large.
24 A. Persons owning, having control or custody of any dog or other animal
25 shall, at all times, keep the animal on a leash (except in an authorized
26 off-leash dog park) or secured by the other suitable means of restraint
27 or confined by a fence on their property or the private property of
28 another, with the permission of the owner of that property, so as to
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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
C.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
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.
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
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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 ofliability 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.
D. Any person violating any provisions ofthis 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.
E. 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.
Section 6.08.145 is hereby added to the San Bernardino Municipal Code:
6.08.145 Methods of Restraint - Improper Restraint.
A. Any person walking a dog on a leash on public property including
sidewalks, and the private property of others, must keep the dog on
a leash and under physical control being able to restrain the
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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 'li) times the
height ofthe 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 may be 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.
C.
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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)
E.
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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 shall be kept in this manner for more than
12 hours a day.
G. It is unlawful to use a weighted chain collar as a method of restraint.
H. No person shall 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 shall constitute prima facie evidence
that current restraint methods are inadequate, and the owner shall 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 allowing 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.
Section 6.09.060 of the San Bernardino Municipal Code is hereby amended
CHAPTER 6.09
to read as follows:
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
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KC-1214
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 ifthe owner is found to be in violation ofthis 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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1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE
SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
2
3
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 joint regular
meeting there of, held on
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the
21st
day of February
, 2006, by the following vote, to wit:
7 Council Members:
8
ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
KELLEY
12 JOHNSON
13 MCCAMMACK
14
AYES
NAYS
ABSTAIN ABSENT
x
x
X
X
X
X
X
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16
ea-clcp-eJ1 eJMiu
f: (1 Rac\1el G. Cler.k, City Cler.k ..L
ry )00-11 a/LIL; 'Y'M clJlY!Cu. j),R.1J t1 ~
The foregoing resolution is hereby approved this 22nd day ofebruar ) 20<{6. ()
Ju ith Valles, Mayor
C'ty of San Bernardino
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Approved as to
22 Form and legal content:
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24 JAMES F. PENMAN,
City Attorney
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26 By: ~/~~ J
27 ~
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