HomeMy WebLinkAbout09-Animal Control ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Kenneth Childress Subject: An ordinance of the City of
San Bernardino amending sections
Dept: Animal Control 6.04.020, 6.08.145, 6.08.220, and
6.09.020 to title 6 of the San Bernardino
Date: January 24, 2008 Municipal Code relating to animals
Meeting Date: MCC February 4, 2008
Synopsis of Previous Council Action:
LRC recommended approval on 1/23/08.
Recommended Motion:
That said ordinance be laid over for final adoption
Signature
Contact person: Kenneth Childress Phone- 1514
Supporting data attached: Staff Report and Ordinance Ward: All
FUNDING REQUIREMENTS: None.
Source: NA
Finance:
Council Notes:
2
Agenda Item No.
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subiect•
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
6.04.020, 6.08.145, 6.08.220, AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO ANIMALS
Background:
There are several general amendments to this ordinance. One corrects an error in the pasturing
requirements of horses and another limits the chaining of a dog to no more than three hours a
day, the current State Law requirement. The remaining amendments strengthen the ordinance on
classification of dogs as potentially dangerous by eliminating the requirement that dogs must
attack another animal twice before the classification if the attack is severe. The definition of
severe injury is also modified adding a violation provision for bites to another domestic animal.
Amended Sections:
6.04.020 Equine Stables—Distance from Human Occupancies
It is unlawful for any person, firm or corporation to stable,pasture or keep or cause to be stabled,
pastured or kept,within one hundred feet of a building or structure used or intended for human
occupancy, any equine.
6.08.145 Methods of Restraint—Improper Restraint
F. Tie-outs must be of sufficient length to allow the animal freedom of movement without
becoming tangled,but never less than eight(8)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 3 hours a day.
6.08.220 Animal Bite
No person shall fail to control or restrain an animal thereby allowing it to bite a person or
domestic animal on public property or lawfully on private property. A bite is defined as a puncture
wound that breaks the skin.
6.0.9.020 Definitions.
A. "Potentially dangerous dog"means any of the following:
(3) Any dog which, when unprovoked, attacks and inflicts a severe iniury on another
domestic animal when off the property of the owner or keeper of the dog, or any dog
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when unprovoked , on two separate occasions in a 36 month period, has bitten or injured
a domestic animal off the property of the owner or keeper.
C. "Severe injury"means any physical injury to a human being or domestic animal that results in
muscle tears or lacerations or requires multiple sutures, or corrective surgery.
Financial Impact:
There is no direct financial impact as a result of these ordinance changes.
Recommendation:
It is recommended that the ordinance amendments be laid over for final adoption.
1 ORDINANCE NO. COP
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO
3 MUNICIPAL CODE RELATING TO ANIMALS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. San Bernardino Municipal Code Section 6.04.020 is amended to now read as
7 follows:
8 "6.04.020 Equine Stables - Distance from Human Occupancies
9 It is unlawful for any person, firm or corporation to stable, pasture or keep or
10 cause to be stabled,pastured or kept,within one hundred feet of a building or structure
11 used or intended for human occupancy, any equine."
12 SECTION 2. San Bernardino Municipal Code Section 6.08.145(F)is amended to now read
13 as follows:
14 "6.08.145 Methods of Restraint- Improper Restraint
15 F. Tie-outs must be of sufficient length to allow the animal freedom of movement
16 without becoming tangled, but never less than eight (8) feet in length, excluding the
17 length of the collar. Tie-outs must be made of a non-rigid material. Tie-outs shall not
18 be the primary means of restraint and no animal shall be kept in this manner for more
19 than 3 hours a day."
20 SECTION 3. San Bernardino Municipal Code Section 6.08.220 is amended to now read as
21 follows:
22 "6.08.220 Animal Bite
23 No person shall fail to control or restrain an animal thereby allowing it to bite
24 a person or domestic animal on public property or lawfully on private property. A bite
25 is defined as a puncture wound that breaks the skin."
26
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P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al
II 1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO ANIMALS.
3
4 SECTION 4. San Bernardino Municipal Code Section 6.09.020 is amended to now read as
5 follows:
6 "6.09.020 Definitions
7 A. `Potentially dangerous dog' means any of the following:
g (1) Any dog which, when unprovoked, on two separate occasions within
9 the prior 36-month period, engages in any behavior that requires a
10 defensive action by any person to prevent bodily injury when the
11 person and the dog are off the property of the owner or keeper of the
12 dog.
13 (2) Any dog which,when unprovoked,bites a person causing a less severe
14 injury than as defined by Vicious Dog in Subsection B.
15 (3) Any dog which, when unprovoked, attacks and inflicts a severe injury
16 on another domestic animal when off the property of the owner or
17 keeper of the dog or any dog when unprovoked, on two separate
18 occasions in a 36 month period,has bitten or injured a domestic animal
19 when off the property of the owner or keeper.
20 (4) Any dog off the property of the owner or keeper of the dog, when
21 unprovoked, has killed a domestic animal.
22 B. `Vicious dog' means any of the following:
23 (1) Any dog seized under Penal Code Section 599aa and upon the
24 sustaining of a conviction of the owner or keeper under Penal Code
25 Section 597.5(a).
26 (2) Any dog which, when unprovoked, in an aggressive manner, inflicts
27 severe injury on or kills a human being.
28 (3) Any dog previously determined to be, and currently listed as, a
P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO ANIMALS.
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4 potentially dangerous dog which, after its owner or keeper has been
5 notified of this determination, continues the behavior described in
6 Section 6.09.020 or is maintained in violation of Section 6.09.080,
7 6.09.090, or 6.09.100.
g C. `Severe injury' means any physical injury to a human being or domestic
9 animal that results in muscle tears or lacerations or requires multiple sutures,
10 or corrective surgery."
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"'CZAK\A ",CONTROL\Ordinance re Amending Sections 6.04.020 et al
I 3
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO ANIMALS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of , 2008, by the following vote, to wit:
7
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
City Clerk
18
19 The foregoing Ordinance is hereby approved this_day of , 2008.
20
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23
Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
26 P
27 ` Y
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.\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al
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