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HomeMy WebLinkAboutMC-1264 Adopted: February 19. 2008 Effective: March 21. 2008 1 ORDINANCE NO. KC-1264 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 COUNClL 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 ofthe 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 III 27 III 28 III P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al 1 MC-1264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. SECTION 4. San Bernardino Municipal Code Section 6.09.020 is amended to now read as follows: "6.09.020 Definitions A. 'Potentially dangerous dog' means any ofthe following: (1) 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. (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined by Vicious Dog in Subsection B. (3) Any dog which, when unprovoked, attacks and inflicts a severe injury on another domestic animal when off the property of the owner or keeper of the dog or any dog when unprovoked, on two separate occasions in a 36 month period, has bitten or injured a domestic animal B. when off the property of the owner or keeper. Any dog off the property of the owner or keeper of the dog, when unprovoked, has killed a domestic animal. 'Vicious dog' means any of the following: (4) (1) Any dog seized under Penal Code Section 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code Section 597.5(a). (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. (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 2 Me-1264 1 2 3 4 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. potentially dangerous dog which, after its owner or keeper has been 5 6 7 8 9 notified of this determination, continues the behavior described in Section 6.09.020 or is maintained in violation of Section 6.09.080, 6.09.090, or 6.09.100. 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, 10 11 1// 12 /1/ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or corrective surgery." P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al 3 KC-1264 1 2 3 4 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. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i~~~l ;IT meeting thereof, held on the 5 6 19th day of February , 2008, by the following vote, to wit: 18 19 20 21 22 23 The foregoing Ordinance is hereby approved this l#'day of February, 2008. Approved as to form: 24 JAMES F. PENMAN 25 City Attorney 26 27 28 :\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al 4