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HomeMy WebLinkAboutMC-1114 Adopted: January 7, 2002 Effective: February 7, 2002 I ORDINANCE NO. Me-llI4 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 SECTION 1. Title 6 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: 6 Title 6 7 ANIMALS 8 Chapters: 6.01 General Provisions. 9 6.02 Noisy Animals. 6.03 Keeping of Non-Equine Livestock. 10 6.04 Horses. 6.05 Fowl. II 6.06 Pigeons. 6.07 Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity. 12 6.08 Dogs. 6.09 Vicious and Potentially Dangerous Dogs. 13 6.10 Cats. 6.11 Quarantine. 14 6.12 Police Dogs. 6.13 Enforcement - Penalty. 15 6.14 Administrative Citations. 16 Chapter 6.01 GENERAL PROVISIONS 17 Section: 18 6.01.010 6.01.020 19 6.01.030 6.01.040 20 6.01.050 6.01.060 21 6.01.070 6.01.080 22 6.01.090 6.01.100 23 6.01.11 0 6.01.120 24 6.01.130 6.01.140 25 6.01.150 26 III 27 III 28 III Findings. Definitions. Applicability of Title. Fee Schedules. Construction of Buildings to Prevent Escape. Care of Animals by Owner. Protection of Public. Ventilation. Commercial Animal Runs. Examination and Treatment by Veterinarian. Correction of Violations. Deilial of License or Permit. Administration and Enforcement of Title. Abandonment of Animal. Authority to Apprehend Livestock - Fees. MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.01.010 Findings. 4 The Mayor and Common Council find that, in order to protect the residents of the City of San Bernardino, and in order to protect the welfare of the animals within the City, the following 5 minimum standards of care for animals within the City of San Bernardino shall be established and enforced to encourage responsible animal ownership. 6 6.01.020 Definitions. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 The following words as used in this Title shall have the following meanings: A. "Abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in 96.01.060 for a period of 48 hours or more. B. "Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, grooming, the provision of veterinary care when needed to prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal. "Adequate exercise" or "exercise" means the opportunity for the animal to sufficiently move to maintain normal muscle tone and mass for the age, species, size and condition of the animal. c. D. "Adequate feed" means access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. E. "Adequate shelter" or "shelter" means provision of, and access to, shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, hail, direct sunlight, standing water, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this Title, kennels whose wire grid or slat floors do not protect the animal's feet or toes from injury are not adequate shelter. 23 24 25 26 F. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the actions in (i) and (ii) and is appropriate to the age and size of the animal according to professionally accepted standards for the species; is attached to the animal by a properly applied collar, halter, or harness 27 28 2 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least eight (8) feet in length, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. G. "Adequate water" means provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. H. "Ambient temperature" means the temperature surrounding the animal. 1. "Animal" means any non-human vertebrate species including fish except those fish captured aD.d killed or disposed of in a manner consistent with contemporary practices. "Animal shelter" means a facility operated by any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated humane society or society for the prevention of cruelty to animals. J. K. "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. A chain is not considered an acceptable collar except during training sessions under the direct supervision of an owner or handler. L. "Companion animal" means any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this Title. M. "Direct and immediate threat" means any clear and immediate danger to an animal's health, safety or life. N. "Emergency veterinary treatment" means veterinary treatment to prevent or alleviate suffering, stabilize a life-threatening condition, or to prevent further transmission or progression of disease. o. "Enclosure" means structure used to house or restrict animals from running at large or harming themselves and should be of appropriate size for the age, species and condition of the animal consistent with generally accepted husbandry standards for the species. 3 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 P. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. Q. "Exhibitor" means any person or business who shows or handles any animals for public or private purposes. R. "Groomer" means any person, who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites, an animal. s. "Grooming" means maintaining an animal's coat and body condition in an appropriate state for the age and species of the animal, including such things as cleaning, trimming, thinning, or brushing the coat, manicuring, and removing foreign objects. T. "Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures. u. "Humane" means any action taken in consideration of, and with the intent to provide for, the animal's behavioral and physical health and well being. v. "Kennel" means any establishment in which four or more canines, six or more felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. w. "Livestock" includes all domestic or domesticated: bovine animals (cattle type); equine animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine animals (deer like); caprine animals (goat type); ratite animals ( ostrich type); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. "Owner" means any person who (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal. x. Y. "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. Z. "Pet shop" means an establishment where companion animals are bought, sold, exchanged, 22 or offered for sale or exchange to the general public. 23 AA. "Poultry" includes all domestic fowl and game birds bred in captivity. 24 BB. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. 25 For tethered animals, the term includes the shelter and the area within reach of the tether. 26 CC. "Properly cleaned" means that carcasses, debris, food, waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animal's contact with 27 the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors, insects and the hazards of disease; and the primary enclosure 28 is cleaned so as to prevent the animals confined therein from being directly or indirectly 4 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. DD. "Properly lighted" means sufficient illumination to permit routine inspections, 5 maintenance, cleaning, and housekeeping of the housing facility, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, 6 uniformly diffused throughout the animal facilities; and to promote the well-being of the animals. 7 EE. "Sanitize" means to make physically clean and to remove and destroy, to a practical 8 minimum, agents injurious to health. 9 FF. "Transportation" or "transport" means the responsible handling, moving or shipping of animals in the person's ownership, custody or charge, appropriate for the age, species, 10 condition, size and type of the animal. II GG. "Veterinary treatment" means treatment by, or on the order of, a duly licensed veterinarian. 12 13 6.01.030 Applicability of Title. Every per,,'on, firm, corporation or other business enterprise within the City who owns, 14 conducts, manag"s, or operates any animal establishment for which special authorization and a license is required by this Title shall comply with each of the conditions set forth in this Chapter. 15 The owner, manager, or operator of any activity or facility subject to this Title shall be responsible for any violation of this Title by an employee. (Ord. 3334 (part), 1973; Ord. 821 9507 (part), 1921) 16 (City Attorney Opinion No. 89-1) 17 6.01.040 Fee Schedules. 18 All fees assessed in conjunction with the enforcement of Title 6, Animals, shall be established by Resolution of the Mayor and Common Council. (Ord. MC-815, 12-16-91; Ord. 3334 19 (part), 1973; Ord. 821 9507(a), 1921) (City Attorney Opinion No. 89-1) 20 6.01.050 Construction of Buildings to Prevent Escape. 21 Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. (Ord. 3334 (part), 1973; Ord. 821 9507(b), 1921) 22 23 24 25 26 6.01.060 Care of Animals by Owner. Each owner shall provide for each of his or her companion animals: 28 (I) (2) (3) (4) (5) (6) (7) Adeauate feed; Adequate water; Adequate shelter that is properly cleaned; Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; Adequate exercise; Adequate care, treatment, and transportation; and, Veterinary care when needed or to prevent suffering or disease transmission. 27 5 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 The provisions of this section shall also apply to every animal shelter, dealer, pet shop, exhibitor, kennel, groomer and boarding establishment. 4 5 6.01.070 Protection of Public. All reasonable precautions shall be taken to protect the public from the animals and animals 6 from the public. (Ord.3334 (part), 1973; Ord. 821 9507(b), 1921) 7 6.01.080 Ventilation. 8 Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts 'llld to remove odors. Heating and cooling shall be provided as required according 9 to physical needs of the animals and consistent with generally accepted husbandry practices. (Ord. 3334 (part), 1973; Ord. 821 9507(b), 1921) 10 II 6.01.090 Commercial Animal Runs. Animal runs for commercial operations, such as veterinary clinics or boarding kennels, shall 12 be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation. (Ord. 3334 (part), 13 1973; Ord. 821 9507(i), 1921) 14 6.01.100 Examination and Treatment by Veterinarian. 15 All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the Animal Control Officer. (Ord. 3334 (part), 1973; Ord. 82195070),1921) (City 16 Attorney Opinion No. 89-1) 17 6.01.110 Correction of Violations. 18 Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the Animal Control Officer. (Ord. 3334 (part), 1973; Ord. 821 9507(1), 1921) (City 19 Attorney Opinion No. 89-1) 20 6.01.120 Denia! of License or Permit. 21 Failure of the applicant for a license or permit to comply with any of the conditions enumerated in this Title shall be deemed just cause for the denial or revocation of any license or 22 permit, whether original or renewal. (Ord. 3334 (part), 1973; Ord. 821 9507(m), 1921) (City Attorney Opinion No. 89-1) 23 6.01.130 Administration and Enforcement of Title. 24 A. The Animal Control Division shall administer and enforce this Title and all provisions of the penal laws of the state relating to cruelty to animals. 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, including issuance of notices to appear pursuant to Chapters 5C and 5D of Part 2, Title 3 (commencing with 9853.6) ofthe Penal Code, for any offense which is a violation of this Title relating to animals and fowl, or any 25 26 B. 27 28 6 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 penal law of the State of California relating to cruelty to animals. (Ord. MC-460, 5-13-85; Ord. 3968 91, 1980; Ord. 3926 9 I, 1980; Ord. 3301,1972; Ord. 821 4 9515,1921) (City Attorney Opinion No. 89-1) 5 6.01.140 Abandonment of Animal. 6 No owner 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, or society for the 7 prevention of cruelty to animals. 8 6.01.150 Authority to Apprehend Livestock - Fees. 9 A. 10 II 12 13 14 15 16 17 18 19 20 21 Sections: 22 6.02.010 6.02.020 23 6.02.030 6.02.040 24 6.02.050 Any livestock other than bovine animals found running at large in the City shall be apprehended by the Animal Control Officer. The owner of any apprehended livestock shall pay apprehension fees and daily board and care fees prior to recovering the livestock from the Animal Control Officer. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and Common Council. Unclaimed livestock may be disposed of by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The Director of Animal Control shall determine minimum bid amounts. Unclaimed livestock not disposed of by a public sale by sealed bids may be destroyed after seven calendar days. B. Any bovine animal found running at large in the City shall be apprehended by the Animal Control Officer. Within five days of the apprehensior, the owner of any apprehended bovine ani 1. 'II shall pay apprehension fees and daily board and care fees prior to recovering the bovine animal from the Animal Control Office. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and Common Council. c. Notice to State Director; Delivery of Unclaimed Bovine Animals to State. Within five days from the date of apprehension, the Director of Animal Control shall notify the State Director of Food and Agriculture of any unclaimed bovine animal, horse, mule, or burro, and shall turn over to the State Director of Food and Agriculture any bovine animal, pursuant to the provisions of Food and Agricultural Code 9917001, et seq. (Ord. MC-145, 3-15-82; Ord. MC-21, 1981) Chapter 6.02 NOISY ANIMALS Findings. Declaration of a Noisy Animal as a Public Nuisance. Noisy Animal Warning Notice. Fines and Limits; Appeal. Other Penalties and Violations. 25 6.02.010 Findings. 26 The Mayor and Common Council do hereby find, determine, and declare that the City has become so closely built up with buildings occupied by human beings for business and dwelling 27 purposes, and has become so thickly populated that the keeping therein of noisy animals has become injurious to health, offensive to the senses, and an obstruction to the free use of property 28 III 7 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 so as to interfere with the comfortable enjoyment oflife and property by the entire community and neighborhood, and by a considerable number of persons therein. 4 5 6 7 8 9 10 11 12 13 14 15 6.02.020 Declaration ofa Noisy Animal as a Public Nuisance. A. It is unlawful for any person owning, keeping, harboring or having in his or her care or custody any dog or other animal, to cause, or permit to be made or caused by such dog or other animal, barking or making of any noises or other sounds, so as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person(s) of normal sensitivity residing in the area, unless such noise or sound is made by an official police dog or fire dog while on duty. B. If, in violation of the provisions of subsection A, any dog or other animal persistently emits any noisl,; or sound in such a manner as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept, the Animal Control Division may notify the owner of the dog or other animal, by issuing a written warning notice advising the owner of a possible public nuisance. If, within a period of seven days after the issuance of such notice, the person owning, keeping, harboring, or having in his care or custody said dog or other animal, has not abated the nuisance, such person shall be liable to enforcement of the provisions of this Title. c. It is unlawful for any person, after being informed in writing pursuant to the provisions of subsection B that his or her dog or other animal may be declared a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such dog or other animal does not again disturb residents in the vicinity in which the dog or other animal is kept. 16 17 6.02.030 Noisy Animal Warning Notice. 18 When the City of San Bernardino Animal Control Division is notified or alerted of a possible noisy dog or other animal, the Animal Control Division may issue a Noisy Animal 19 Warning Notice. Such notice shall specify that the dog or other animal is in possible violation of the San Bernardino Municipal Code and that the noisy dog or animal nuisance must be abated to 20 avoid further City action. 21 6.02.040 Fines add Limits; Appeal. 22 Any person who neglects or refuses to abate the condition within the time specified in the Noisy Animal Warning Notice, or fails to Request a Hearing before the Hearing Officer pursuant 23 to the procedure established in 96.14.080, is guilty of an infraction punishable under San Bernardino Municipal Code 91.12.010. 24 Any person aggrieved by the decision of the Hearing Officer may bring an appeal to the 25 Animal Control Commission by filing an appeal pursuant to the procedure established in 96.14.100 herein. The Animal Control Commission's decision shall be made in accordance with, and shall 26 be subject to, all of the provisions of 96.14.110 herein. 27 6.02.050 Other Penalties and Violations. 28 Nothing in the foregoing section shall be deemed to prevent the City Attorney from 8 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 commencing a civil or criminal proceeding to abate a public nuisance under other applicable law. 4 Chapter 6.03 KEEPING OF NON-EQUINE LIVESTOCK 5 Sections: 6 6.03.010 6.03.020 7 6.03.030 6.03.040 Findings. Bovine, Ratite, Caprine, or Ovine Animals. Hogs, Sow, Gilt or Boar. Rabbits and Guinea Pigs. 8 9 6.03.010 Findings. The Mayor and Common Council do hereby find, determine, and declare that the City has 10 become so closely built up with buildings occupied by human beings for business and dwelling purposes, and has become so thickly populated that the keeping therein oflivestock, wild, exotic, II dangerous or non-domestic animals and domestic fowl has become injurious to health, indecent, offensive to the senses, and an obstruction to the free use of property so as to interfere with the 12 comfortable enjoyment of life and property by the entire community and neighborhood, and by a considerable number of persons therein. (Ord. 1003 (part), 1923; Ord. 821 9500, 1921) 13 14 6.03.020 Bovine, Ratite, Caprine, or Ovine Animals. It is unlawful for any person, firm or corporation to stable, pasture or keep or cause to be 15 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 ofless than one 16 acre, and withir one hundred fifty feet of a building or structure used or intended for human occupancy, and within fifty feet of any neighboring property line or street line. (Ord. 3465 (part), 17 1974; Ord. 821 950I(b), 1921) 18 6.03.030 Hogs, Sow, Gilt or Boar. 19 It is unlawful for any person, firm or corporation to keep or cause to be kept, any hog, sow, gilt or boar, at any place in the City. (Ord. MC-462, 5-21-85; Ord. MC-418, 10-15-84; Ord. 3465 20 (part), 1974; Ord. 821 9501(c), 1921) 21 6.03.040 Rabbits and Guinea Pigs. 22 A. 23 It is unlawful for any person, firm or corporation to keep, or cause to be kept, more than twelve rabbits or guinea pigs, or any combination of each totaling twelve, within one hundred feet of any building or structure used or intended for human occupancy. 24 B. It is unlawful for any person, firm or corporation to keep, or cause to be kept, more than four rabbits or guinea pigs within fifty feet of any building or structure used or intended for 25 human occupancy. (Ord. 3465 (part), 1974; Ord. 821 950I(d), (e), (1),1921) 26 \\\ 27 \\\ 28 \\\ 9 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 Sections: 6.04.010 6 6.04.020 6.04.030 7 6.04.040 8 6.04.050 9 6.04.060 6.04.070 10 6.04.080 Chapter 6.04 HORSES Definitions. Equine Stables - Distance from Human Occupancies. Number of Equine Permitted in Stable Within City. Number of Equine Permitted on Area Between Twenty Thousand Square Feet and One Acre. Stabling Equine on Property Less Than Twenty Thousand Square Feet in Size. Stabling of Un castrated Equines. Removal of Manure. Registration of Horses. 11 6.04.010 Definitllms. 12 13 14 A. "Equine" as used in this Chapter, includes any horse-like animal including mules and burros. (Ord. 3465 (part), 1974; Ord. 821 9502(i), 0),1921) 6.04.020 Equine Stables - Distance from Human Occupancies. 16 17 It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be 15 stabled, pastured or kept, within four hundred feet of a building or structure used or intended for human occupancy, any equine. (Ord. 3465 (part), 1974; Ord. 821 9502(a), 1921) 6.04.030 Number of Equine Permitted in Stable Within City. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be 18 stabled, pastured or kept, more than five equines at any place in the City, except at approved riding stables or academies; provided, that a person, firm or corporation having contiguous land of more 19 than five acres may keep one additional equine for each acre in excess of such five acres, but not to exceed eighteen equines at anyone place. (Ord. 3582, 1976; Ord. 3465 (part), 1974; Ord. 821 20 9502(b),1921) 21 6.04.040 Number of Equine Permitted on Area Between Twenty Thousand Square Feet and One Acre. 22 It is unlawfui for any person, firm or corporation to stable, pasture or keep, or cause to be 23 stabled, pastured or kept, more than three equines at a place that has an area less than between twenty thousand square feet and one acre. (Ord. 3465 (part), 1974; Ord 821 9502(c), 1921) 24 25 6.04.050 Stabling Equine on Property Less Than Twenty Thousand Square Feet in Size. 26 27 28 It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, any equine at a place which has an area of less than twenty thousand square feet or within ten feet of any adjoining property not used for grazing, pasturing or stabling, or in any required front yard area or in a side yard area of a corner lot. (Ord. 3465 (part), 1974; Ord. 821 9502(d), 1921) 10 MC-11l4 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.04.060 Stabling of Un castrated Equines.. 4 It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within fifty feet of any property line, any uncastrated equine. Any 5 uncastrated equine so kept shall be confined by an enclosure with a minimum height of six feet that is constructed in such a manner as to prevent the animal's escape. 6 7 6.04.070 Removal of Manure. Manure shall be removed from said place or premises every three days or shall be spread 8 at a place which has an area of twenty thousand square feet or more in a sanitary manner approved by the San Bernardino County Director of the Department of Public Health (hereinafter referred 9 to as "Health Officer"), his or her designated deputy, or any City employee designated by the Mayor and approved by the Health Officer, or shall be maintained in an approved moisture and fly- 10 proof manner. It shall not be kept within fifty feet of any adjoining property line. (Ord. 3465 (part), 1974; Ord. 821 9502(g), 1921) II 12 6.04.080 Registration of Horses. Each person, firm or corporation who stables, pastures or keeps, or causes or permits the 13 stabling, pasturing or keeping of, any equine in the City shall register in the Division of Animal Control, and shall provide data concerning the number of equines, the location of such equines and 14 such other relevant information as said Division may require. (Ord.3465 (part), 1974; Ord.821 9502(h), 1921) 15 16 Chapter 6.05 FOWL 17 Sections: 6.05.010 18 6.05.020 19 6.05.030 6.05.040 20 6.05.050 6.05.060 DtIiilitions. Domestic Fowl Permitted Within One Hundred Feet of Human Dwelling; Exemption. Domestic Fowl Permitted Within Fifty Feet of Human Dwelling. Peacocks and Roosters. Number of Roosters Permitted. Domestic Fowl at Large. 21 22 23 24 6.05.010 Definitions. A. "Domestic Fowl", as used in this Chapter, shall mean any birds ofthe order Galliformes. This shall include chickens, ducks, geese, turkey, pheasants and similar domesticated birds or fowl. 6.05.020 Domestic Fowl Permitted Within One Hundred Feet of Human Dwelling; 25 Exemption. 26 It is unlawful for any person, firm or corporation to keep more than a total of twelve domestic fowl on any residential lot or premises and within one hundred feet of any house occupied 27 by human beings as a dwelling. Any organization that uses domestic fowl for educational purposes may be exempted from this section. All exempted organizations shall maintain compliance with 28 96.01.060 of this Title. Failure of an organization to remain in compliance with 96.01.060 shall 11 MC-I1l4 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 constitute a forfeiture of this exemption. Any organization that desires an exemption shall register their program with the Animal Control Division. (Ord. MC-217, 11-1-82; Ord. 3465 (part), 1974; 4 Ord. 821 9503(a), 1921) 5 6.05.030 Domestic Fowl Permitted Within Fifty Feet of Human Dwelling. 6 It is unlawful for any person, firm or corporation to keep more than two (2) domestic fowl within fifty feet of any house occupied by human beings as a dwelling. (Ord. MC-217, 11-1-82; 7 Ord. 3465 (part), 1974; Ord. 821 9503(b), 1921) 8 6.05.040 Peacocks and Roosters. 9 It is unlawful for any person, firm or corporation to keep any peacock or rooster within two hundred feet of any house occupied by human beings as a dwelling. (Ord. 3465 (part), 1974; Ord. 10 821 9503(c), 1921) II 6.05.050 Number of Roosters Permitted. 12 It is unla\'.iful for any person, firm or corporation to keep or possess more than two roosters on any lot or premises within the City, except as provided in 96.05.020 of this Chapter. 13 14 6.05.060 Domestic Fowl at Large. It is unlawful for any person, firm or corporation having custody or control of any domestic 15 bird or fowl to permit such bird or fowl to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned 16 or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof. 17 18 19 Chapter 6.06 PIGEONS Sections: 6.06.010 6.06.020 6.06.030 Definitions. Conditions. Permit. 20 21 22 23 24 B. 6.06.010 Definitions. A. "Pigeon", as used in this Chapter, means a member of the family Columbidae, and shall include "Racing Pigeons", "Fancy Pigeons", and "Sporting Pigeons." "Racing Pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc., or the International Federation of Racing Pigeon Fanciers. This type of pigeon may also be commonly known as Racing Homer, Homing Pigeon, or Carrier Pigeon. 25 26 27 28 C. "Fancy Pigeon" means a pigeon which, through selective past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and 12 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 II D. accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples include, but are not limited to, Fantails, Pouters, and Trumpeters. "Sporting Pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples include, but are not limited to, Rollers and Tipplers. "Loft" means the structure(s) for the keeping or housing of pigeons permitted by this Chapter. E. F. "Mature Pigeon" means a pigeon aged six months or older. G. "Owner" means the owner of pigeons subject to this Chapter. 6.06.020 Conditions. The keeping, breeding, maintenance and flying of pigeons shall be permitted on the 12 following conditions: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. B. There shall be at least one (I) square foot of floor space for each mature pigeon kept in any loft. C. The construction and location of the loft shall not conflict with the requirements of any building code or zoning code of the City. All feed fc" said pigeons shall be stored in such containers as to protect against intrusion by rodenu and other pests. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the City. D. E. F. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. G. All pigeons shall be fed within the confines ofthe loft. H. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules: (I) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood. 13 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 1. (2) Pigeons which have been fed within the previous four hours will not be released for flying. Pigeons shall be banded and registered with one of the national pigeon associationslregi stries. 6 6.06.030 Permit. 7 On application signed by the owner, on such a form as shall be provided by the City, wherein the owner shall certifY that his loft(s) comply with applicable building and zoning codes, 8 and upon payment of a fee as set by the Mayor and Common Council, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the 9 use of the loft be discontinued for a period of one year. A condition of the permit shall be that the Animal Control Officer shall be granted permission to inspect any property or loft at any 10 reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this Chapter. The Animal Control Officer may report II violators to any local or nationally recognized pigeon club for the purposes of educating and assisting any owner who is in violation of this Chapter. 12 Chapter 6.07 13 WILD, EXOnC, DANGEROUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY 14 Sections: 6.07.010 15 6.07.020 6.07.030 16 6.07.040 6.07.050 17 6.07.060 6.07.070 18 6.07.080 Definitions. Animals Prohibited. Authorization Required. Autborization Granted When - Permit Fee. Permit - Expiration; Revocation. Authorization and License Not Transferable. Vaccination of Wild, Exotic, Dangerous or Non-Domestic Animals. Certificate of Vaccination. 19 6.07.010 Definitions. 20 A. "Wild, exotic, dangerous or non-domestic animals" means any animals not specifically addressed within this Title. 21 22 6.07.020 Animals Prohibited. 24 25 26 27 28 No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic, 23 dangerous or non-domestic animal that is prohibited by applicable state andlor federal law within the City limits. 6.07.030 Authorization Required. No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic, dangerous or non-domestic animal that is permitted by applicable state and federal law, and is not generally recognized as a household pet, without first applying to and receiving special authorization from the Animal Control Division ofthe City. The keeping or maintenance of such animals shall also conform to the applicable provisions of the City's zoning ordinances, as well as to any applicable laws promulgated by the state and the federal government. (Ord.3465 (part), 14 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 1974; Ord. 821 9505(a), 1921) 4 6.07.040 Authorization Granted When - Permit Fee. 5 The Animal Control Director, or his or her designee, may authorize the keeping or maintaining of any non-domestic mammal or wild, exotic, dangerous or non-domestic animal 6 when, in his or her sole discretion, such animal may be kept or maintained without endangering the safety of any person, property or other animal, nor create a nuisance; provided, however, that 7 the Animal Control Director, or his or her designee, may require any such animal to be properly caged, tethered, or restrained, and may create such additional requirements as may be necessary 8 and proper to ensure the protection of life and property. Any person owning or keeping a privately owned wild, exotic, dangerous or non-domestic animal, including, but not limited to, birds 9 (predators and scavengers), primates, cats (other than house cats), reptiles, aquatic animals (carnivore), and non-domestic mammals, shall pay an annual permit fee as set by the Mayor and 10 Common Council, payable in advance at the time of filing an application. Any person owning or keeping multiple animals of the same species shall pay a single fee except that more than three of II said animals of the same species shall be deemed to be a menagerie and shall be subject to permit under 96.07.050. (Ord. 3465 (part), 1974; Ord. 821 9505(b), 1921) 12 13 14 15 16 17 18 19 20 21 6.07.050 Permit - Expiration; Revocation. A. Any permit issued under this Chapter shall expire at the end of the fiscal year in which the permit is issued. The procedure for the renewal of such permit is subject to the same conditions as are applicable to the original permit. B. The Animal Control Division may revoke its special authorization and any permit issued pursuant to this Chapter whenever it determines that any permittee has failed to meet the conditions prescribed in this Title. Such revocation shall be effective until the permittee has complied with the provisions of this Title to the satisfaction of the Animal Control Division whereupon an Animal Control Officer shall issue a notice of compliance and the permittee shall be eligible to be reinstated for the remainder of the original term for which it was issued. Any such revocation may be appealed to the Hearing Officer within fifteen (15) days of the revocation by filing a Request for Hearing with the City Clerk as provided in 96.14.080 of this Code. (Ord. 3465 (part), 1974; Ord. 821 9505(c), 1921) 6.07.060 Authorization and License Not Transferable. The special authorization of the Animal Control Division, together with any license or 22 permit issued pursuant to this Chapter, shall not be transferable. (Ord.3465 (part), 1974; Ord.821 9505( e), 1921) 23 24 6.07.070 Vaccination of Wild, Exotic, Dangerous or Non-Domestic Animals. Any person, firm, corporation or other business enterprise seeking special authorization 25 from the Animal Control Division pursuant to the provisions of Chapter 6.07 shall cause such wild, exotic, dangerous or non-domestic animal to be vaccinated against any disease peculiar to its 26 species by a veterinarian duly licensed by the State. (Ord. 3334 (part), 1973; Ord. 821 9506 (part), 1921) 27 \\\ 28 \\\ ] 5 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.07.080 Certificate of Vaccination. 4 Upon vaccinating any animal pursuant to this Chapter, the veterinarian shall issue a certificate of vaccination, setting forth the date of vaccination, the vaccine( s) used, the dosage( s), 5 the expiration date, and any other information that the veterinarian deems relevant. The certificate of vaccination as prescribed by this Chapter shall be a condition precedent to receiving special 6 authorization as provided in Chapter 6.07. (Ord. 3334 (part), 1973; Ord. 821 9506 (part), 1921) 7 Chapter 6.08 DOGS 8 Sections: 9 6.08.010 6.08.020 10 6.08.030 6.08.040 II 6.08.050 6.08.060 12 6.08.070 6.08.080 13 6.08.090 6.08.100 14 6.08.110 6.08.120 15 6.08.130 6.08.140 16 6.08.150 6.08.160 17 6.08.170 18 6.08.180 19 6.08.190 6.08.200 20 6.08.210 Findings. Number of Dogs Permitted. License Required. License and Tag Required - Fees. License - Application. License-Issuance. Dogs in Outdoor Enclosures. Applicability of Chapter. Ban on the Sale of Research Animals. Rabies Vaccination Required-Certificates. Vaccination Requirement. Exemption from Rabies Vaccination During Illness. Running at Large-Impoundment. Running at Large. Vaccination of Other Animals. Reporting of Animal Bites. Confinement or Destruction of Dogs and Cats Suspected of Having Rabies. Confinement or Destruction of Dogs and Cats Which Have Bitten a Person. Confinement or Destruction of Other Animals. Concealment or Withholding of Animals. Animals and Vehicles. 21 6.08.010 Findings. 22 The Mayor and Common Council find that local governments are required to adopt policies for the protection of the public against rabies pursuant to the California Rabies Control Program 23 and Health and Safety Code 9121690. In order to maintain compliance with relevant State and County requirements, the following Chapter is enacted. 24 25 26 27 28 6.08.020 Number of Dogs Permitted. It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than three dogs which are four or more months of age, except as may be permitted by the provisions ofTitle 19. (Ord. MC-460, 5-13-85; Ord. 3613,1976; Ord. 2926, 1968; Ord. 8219517,1921) \\\ 16 MC-1l14 2 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 3 6.08.030 License Required. 4 It is unlawful for any person, firm or corporation to own or harbor any dog within the City, except as provided in this Chapter, without securing a license therefor, and maintaining a tag 5 thereon, as specified in this Chapter. (Ord. MC-639, 9-19-88) 6 6.08.040 License and Tag Required - Fees. 7 A. 8 9 10 II 12 B. 13 14 15 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 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. 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 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 was issued. 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 16 of delinquent fees, sums and penalties due during the preceding year, and any balance remaining thereafter shall be applied to the payment of the current license fees and 17 penalties. A license issued during any prior fiscal year to the same owner for license shall be prima facie evidence in any court or administrative proceeding that the dog was 18 continuously owned by the same owner from the prior year to the current fiscal year. (Ord. MC-639, 9-19-88; Ord. MC-528, 7-7-86; Ord. MC-363, 4-16-84; Ord. MC-50, 1981; Ord. 19 393791,1980; Ord. 3577,1976; Ord. 8219519,1921) 20 6.08.050 Licensc - Application. 21 No license to own or harbor a dog, as provided in this Chapter, shall be issued except upon an application to authorized employees of the City setting forth the name and address of the owner 22 or possessor of the dog, a brief description of the dog, and proof of the vaccination of the dog to prevent rabies. (Ord. 3452 (part), 1974; Ord. 821 9520,1921) 23 24 6.08.060 License - Issuance. Authorized employees of the City, upon the receipt of such application and the license fee 25 aforesaid, shall issue and deliver to such owner or possessor a license certifying the payment of the license fee, and setting forth the name and address of the applicant and a brief description of the 26 dog, and the number allotted to such dog, and upon receipt of the requisite fees, shall deliver to the applicant a tag which shall set forth the date of the license, and the number allotted to such dog, 27 which tag shall at all times be affixed to the collar, harness or other article worn by such dog; provided, however, that no license for a dog shall be issued unless the owner shall have paid the 28 license fee required therefor and shall have exhibited to authorized employees of the City a 17 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 certificate of the vaccination of the dog to prevent rabies, signed by a duly licensed veterinarian. (Ord. 3307 (part), 1972; Ord.1482 (part), 1931; Ord. 8219521,1921) 4 5 6.08.070 Dogs in Outdoor Enclosures. Dogs housed outdoors shall have access to a minimum of 100 square feet of space for one 6 dog, plus an additional 25 square feet of space for each additional dog in the same enclosure. All dogs housed outside shall be cared for in the manner set forth in 96.01.060 of this Title. 7 8 6.08.080 Applicability of Chapter. This Chapter shall not be applicable to dogs under the age offour months, and which are 9 kept within enclosures and are not permitted to run at large. (Ord. 2561 (part), 1964; Ord. 821 9526, 1921) 10 II 6.08.090 Ban on the Sale of Research Animals. City shall not sell, for research purposes, any animal to any person or organization. (Ord. 12 MC-266, 4-18-83; Ord. MC-145, 3-15-82; Ord. MC-88, 1981; Ord. MC-50, 1981; Ord. 2965 92, 1980; Ord. 3827 92,1979; Ord. 380392,1979; Ord. 3185, 1971; Ord. 8219532,1921) 13 14 15 16 17 18 6.08.100 Rabit., Vllccination Required - Certificates. A. Every person, firm or corporation who owns, harbors, keeps or possesses, or has in his or her care, charge, custody or control any dog over four months of age shall cause such dog to be vaccinated against rabies by or under the direction of any duly licensed veterinarian, with a rabies vaccine approved by the State Department of Health Services for use in dogs. Such vaccinations shall be repeated at intervals specified by the State Department of Health Services in order to maintain adequate immunity. Compliance with the rabies vaccination provisions shall be a condition to the issuance or renewal of a dog license. B. Each duly licensed veterinarian who vaccinates or causes or directs to be vaccinated any 19 animal with a rabies vaccine shall complete and sign a rabies certificate in triplicate. The veterinarian shall keep one copy and shall give one copy to the owner or keeper of the 20 vaccinated animal. The veterinarian shall submit to Animal Control a legible copy of each certificate within five days of the beginning of each month, for any animal so vaccinated 21 during the previous month. (Ord. MC-833, 5-18-92; Ord. MC-639, 9-19-88; Ord. 2561 (part), 1964; Ord. 821 9533 (part), 22 1921) 23 6.08.110 Vaccination Requirement. 24 It is unlawful for any person, firm or corporation to own or harbor any dog that has not been vaccinated as required by, and in the manner set forth in, 96.08.100. (Ord. MC-639, 9-19-88; Ord. 25 MC-460, 5-13-85; Ord. 3465 (part),1974; Ord. 2171,1957; Ord. 821 9533(a), (b) 1921) 26 6.08.120 Exemption From Rabies Vaccination During Illness. 27 Notwithstanding any other provisions of this Chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that 28 such vaccination should be postponed because of a specified illness or condition. Old age, debility, 18 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates are subject to approval of the Animal Control Division and shall be valid only for the duration of 4 the illness. Exemption from vaccination does not exempt the dog from the licensing requirement. (Ord. MC-833, 5-18-92) 5 6 6.08.130 Running at Large - Impoundment. The Animal Control Officer or authorized City employee shall impound, for a period of 7 time as prescribed by state law, any dog found running at large or unrestrained in the City. If any person does not provide proof of the owner's identity or satisfactory proof of ownership and claim 8 the dog and pay ~ny sums due, including outstanding fines or fees for violations of this Title, license fees, or f,~es set by the Mayor and Common Council, prior to the expiration of the period 9 prescribed by state law, the dog shall become the property of the City and may be disposed of by authorized employees of the City. (Ord. MC-625, 5-2-88; Ord. MC-528, 7-7-86; Ord. Me-50, 10 1981; Ord. 3452 (part), 1974; Ord. 8219530,1921) II 6.08.140 Running at Large. 12 A. No person owning or having control of any dog or other animal shall permit such dog or other animal to be present upon any public street, sidewalk, school ground, public park, 13 playground or any other public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the 14 . owner or lawful possessor thereof, unless such animal is secured by a leash no more than six (6) feet in length. A person holding such leash must maintain direct physical control 15 over the dog or other animal. 16 B. The provisions of paragraph A of this Section, and any similar requirement contained in the City's Animal Control Regulations, shall not apply to the following: In order to be subject to the exemption set forth in paragraph B(3) of this Section, all persons must comply with all requirements oflaw and the following rules and regulations when utilizing any off-leash area: 17 18 19 20 (1) (2) (3) 21 22 23 24 C. 25 26 27 28 (I) Any dog used by a law enforcement agency. 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. 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. 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 19 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. E. operation. (2) Ail 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. (3) (4) (5) (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. A!l persons will otherwise comply with all rules governing City parks and all relevant parking regulations. 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. (8) (9) 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 91.12.010 of this Code. 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. 25 6.08.150 Vaccination of Other Animals. 26 A. 27 28 III The same vaccination procedure and exemption shall apply to other animals if the Director of Animal Control or designated officer shall deem this prudent to ensure the safety of the public based on the recommendations of the State Department of Health Services. 20 I MC-l114 I 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 3 B. Animals shall be vaccinated against rabies with a vaccine currently licensed for use in such animal(s) in the United States and approved for use in such animal by the State Department 4 of Health Services. (Ord. MC-833, 5-18-92) 5 6 7 6.08.160 Reporting of Animal Bites. A. Any person having knowledge of an animal bite to a human being shall report such bite to the Animal Control Division immediately. 8 B. An owner or custodian of any dog or cat which is known to have been bitten by or having contact with a rabid animal or by an animal suspected of having rabies shall immediately 9 notify the Animal Control Division. (Ord. MC-833, 5-18-92) 10 11 6.08.170 Confinement or Destruction of Dogs and Cats Suspected of Having Rabies. A. Any dog or cat found within the City reasonably suspected of having rabies, having contact with a rabid or suspected rabid animal, or exhibiting the common symptoms of such disease shall be taken into custody immediately by the Animal Control Officer and confined in the City animal shelter or at a private veterinarian establishment approved by the Director. The animal shall be kept in solitary confinement for such time as recommended by the State Department of Health Services to determine whether the animal is afflicted with rabies. At the time any such animal is impounded, an attempt shall be made to discover whether the animal has been vaccinated previously against rabies. If it is found that such animal has not been vaccinated effectively, then such animal shall be vaccinated by a licensed veterinarian after the last day of the observation period described in paragraph (A) above, unless the animal is humanely destroyed pursuant to paragraph (C) below. The Animal Control Officer may cause to be humanely destroyed any dog or cat which, in the opinion of a veterinarian or animal health technician, has rabies, or is in need of confinement pursuant to paragraph (A) above, but such confinement is impossible or impractical. In such circumstance, the Animal Control Officer shall arrange to have the head of such dog or cat examined for the purpose of confirming rabies. If the opinion of a veterinarian or animal health technician is not reasonably obtainable, the Officer may act on his or hd own opinion. 12 13 14 15 16 17 B. 18 19 c. 20 21 22 D. All expenses incurred with the enforcement of the provisions of this Section shall be borne by the owner or custodian of the dog or cat. 23 (Ord. MC-833; 5-18-92) 24 6.08.180 Confinement or Destruction of Dogs and Cats Which Have Bitten a Person. 25 26 A. Every dog or cat which has bitten a person, or is suspected of having bitten a person, shall be quarantined away from other animals for a period often (10) days from the date of the bite, or other period of time as determined by the State Department of Health Services. The Animal Control Officer may order the animal quarantined at the shelter, at a private veterinarian clinic, or at the home ofthe owner, depending on the conditions of the bite, the severity of the bite, previous bite history, the owner's ability to satisfy quarantine orders, and whether or not local ordinances were in observance at the time of the bite. 27 28 21 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 B. If the animal does not have a current rabies vaccination, it shall not be vaccinated until the end of the quarantine period. The Animal Control Officer may cause to be humanely destroyed any dog or cat when, in the opinion of a veterinarian or animal health technician, such confinement as described in paragraph (A) is impossible or impractical. In such cases, the Animal Control Officer shall arrange to have the head of such dog or cat examined for rabies. If the opinion of a veterinarian or animal health technician is not reasonably obtainable, the Officer may act on his or her own opinion. C. 8 D. All expenses incurred with the enforcement of the provisions of this Section shall be borne by the owner or custodian of the dog or cat. 9 (Ord. MC-833, 5-18-92) 10 6.08.190 Confinement or Destruction of Other Animals. II Any animal, other than a dog or cat, which has bitten a person, has had contact with a rabid or suspected rabid animal, is reasonably suspected of having rabies, or exhibiting the common 12 symptoms of rabies, shall be confined for quarantine purposes or destroyed in accordance with the recommendations of the State Department of Health Services or the local Health Officer. (Ord. 13 MC-833,5-18-92) 14 6.08.200 Concealment or Withholding of Animals. 15 It is unla\1Jlul to conceal, withhold or refuse to surrender any animal that is suspected of being rabid, has been bitten by a rabid or suspected rabid animal, or that has bitten a person to 16 prevent it from bemg confined or destroyed in accordance with this Chapter. (Ord. MC-833, 5-18- 92) 17 18 19 20 6.08.210 Animals and Vehicles. A. No person shall transport or carry, on any public highway or public roadway, any dog(s) or other animal(s) in a motor vehicle, unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device, that is adequately ventilated and that will prevent the dog(s) or other animal(s) from falling from, being thrown from, or jumping from the motor vehicle. No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or welfare. 21 22 23 24 25 26 27 28 B. Chapter 6.09 VICIOUS AND POTENTIALLY DANGEROUS DOGS Sections: 6.09.010 6.09.020 6.09.030 6.09.040 6.09.050 6.09.060 Findings. Definitions. Hearing on Declaration of Dog as Potentially Dangerous or Vicious. Determination and Orders; Notice; Compliance. Appeal. Seizure and Impoundment Pending Hearing. 22 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.09.070 4 6.09.080 6.09.090 5 6.09.100 6.09.110 6 6.09.120 6.09.130 7 6.09.140 6.09.150 8 6.09.160 6.09.170 9 6.09.180 Circumstances Under Which Dogs May Not Be Declared Potentially Dangerous or Vicious. Potentially Dangerous Designation Maintained in Registration Records. Muzzling and Vaccination. Keeping and Controlling Potentially Dangerous Dogs. Death, Sale, Transfer or Permanent Removal; Notice. Posting Property. Removal From List of Potentially Dangerous Dogs. Keeping and Controlling Vicious Dogs. Destruction; Non-Destruction, Conditions; Enclosures. Prohibition of Owning, Possessing, Controlling or Having Custody. Fines and Limits. Severability. 10 6.09.010 Findings. 11 The Mayor and Common Council find that dogs that threaten or injure residents of the City of San Bernardino constitute a public safety threat and shall be controlled by the provisions of this 12 Chapter. 13 6.09.020 Definitions. 14 15 16 17 18 19 20 A. 21 22 "Potentially dangerous dog" means any of the following: (I) 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. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined by vicious dog. Any dog which, when unprovoked, on two separate occasions within the prior 36- month period, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. A..y dog off the property of the owner or keeper of the dog, when unprovoked, has killed a domestic animal. (2) (3) (4) B. "Vicious dog" means any of the following: 23 24 25 26 27 28 (I) Any dog seized under Penal Code9599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code9597.5(a). (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. 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 96.09.020 or is maintained in violation of 996.09.080,6.09.090, or 6.09.100. (3) 23 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 C. "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures, or corrective or cosmetic surgery. 6.09.030 Hearing on Declaration of Dog as Potentially Dangerous or Vicious. 5 If an Animal Control Officer or a law enforcement officer determines that probable cause 6 exists to believe a dog is potentially dangerous or vicious, the officer or his or her immediate supervisor may file a petition with the Hearing Officer for a hearing, as provided in 96.14.080 of 7 this Code, to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be 8 sworn to and verified by the complainant and attached to the petition. 9 The Animal Control Division shall notifY the owner or keeper of the dog that a hearing will be held and that the owner or keeper may present evidence at the hearing. The Animal Control 10 Division shall serve upon the owner or keeper of the dog the notice ofthe hearing and a copy of the petition either personally or by first-class mail with return receipt requested. II The hearing shall be open to the public and held not less than five (5) working days, nor 12 more than fourteen (14) working days, after service of the notice upon the owner or keeper of the dog. The Hearing Officer may admit all relevant evidence, including incident reports and affidavits 13 of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The Hearing Officer may decide all issues even if the owner or keeper fails to appear 14 at the hearing. The Hearing Officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this Chapter. 15 16 6.09.040 Determination and Orders; Notice; Compliance. After the hearing conducted pursuant to 96.09.030, the owner or keeper of the dog shall be 17 notified, either personally or by first-class mail, postage prepaid, in writing of the determination and orders issued. If the Hearing Officer determines that the dog is potentially dangerous or 18 vicious, the owner or keeper shall comply with 996.09.080 through 6.09.140 within ten (10) days after the date of the order or as specified by the Hearing Officer. 19 6.09.050 Appeal. 20 Any person aggrieved by the decision of the Hearing Officer may bring an appeal to the 21 Animal Control Commission by filing an appeal pursuant to the procedure established in 96.14.100 herein. The Animal Control Commission's decision shall be made in accordance with, and shall 22 be subject to, all of the provisions of 96.14.11 0 herein. 23 6.09.060 Seizure and Impoundment Pending Hearing. 24 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, he or she may seize 25 and impound the dog pending the hearings held pursuant to this Chapter. If the dog is later adjudicated potentially dangerous or vicious, the owner or keeper of the dog will be liable for costs 26 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 27 a City-approved kennel or veterinary facility, at the owner's expense. 28 I II 24 MC-l114 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.09.070 Circumstances Under Which Dogs May Not Be Declared Potentially Dangerous or Vicious. 4 A. The Hearing Officer may not declare a dog potentially dangerous or vicious if the dog inflicted injury or damage to a person committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. 5 6 B. The dog may not be declared potentially dangerous or vicious if it was protecting or defending a person within the dog's immediate vicinity from an unjustified attack or assault. 7 8 9 10 II c. A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by a domestic animal that was teasing, tormenting, abusing or assaulting the dog. D. A dog may not be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner or keeper, and the damage or injury was to a type of domestic animal appropriate to the dog's work. 12 13 6.09.080 Potentially Dangerous Designation Maintained in Registration Records. 14 Notwithstanding the provisions of Chapter 6.08 regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be 15 potentially dangerous will be so designated in its registration records. The City may charge a potentially dangerous dog or vicious dog fee in addition to the regular licensing fee to provide for 16 the increased costs of maintaining the records of the dog. Any fees regarding this section shall be set by the Mayor and Common Council. 17 6.09.090 Muzzling and Vaccination. 18 The Hearing Officer may, by order, require the muzzling of any dog owned or harbored 19 within the City that is found to be potentially dangerous or vicious, and may specifY the period of time during which such dog shall be so muzzled. Any dogs running at large which are not 20 vaccinated, or which are not muzzled, pursuant to such order, shall be forthwith put to death by authorized employees of the City. Such muzzling must not cause injury to the dog or interfere with 21 the animal's visiOl., respiration or its ability to drink. 22 6.09.100 Keeping and Controlling Potentially Dangerous Dogs. 23 The owner or keeper of a potentially dangerous dog must keep the dog indoors or in a securely fenced enclosure from which the dog cannot escape and into which children cannot 24 trespass. A potentially dangerous dog may be off the owner or keeper's premises only if it is restrained by a substantial leash, not to exceed six (6) feet in length, and if it is under the direct 25 physical control of a responsible adult. 26 6.09.110 Death, Sale, Transfer or Permanent Removal; Notice. 27 The owner or keeper of a potentially dangerous dog must notifY the Animal Control Division if the potentially dangerous dog dies, is sold, transferred, or permanently removed from 28 the City of San Bernardino. 25 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 6.09.120 Posting Property. 4 The Hearing Officer may order that the owner of a potentially dangerous or vicious dog conspicuously post the property with warning signs where the potentially dangerous or vicious dog 5 is housed. 6 6.09.130 Removal From List of Potentially Dangerous Dogs. 7 Upon receipt of a petition from the dog owner, the Hearing Officer may remove a dog from the list of potentially dangerous dogs ifno additional instances of behavior described in Chapter 8 6.09 occur within a thirty-six month period from the date of designation as a potentially dangerous dog. 9 10 6.09.140 Keeping and Controlling Vicious Dogs. The owner or keeper of a vicious dog shall maintain the dog pursuant to the conditions II imposed by 96.01.060 and the provisions of this Chapter. 12 6.09.150 Destruction; Non-Destruction, Conditions; Enclosures. 13 A vicious dog may be destroyed if the Hearing Officer determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the Hearing Officer 14 determines that the vicious dog should not be destroyed, the Hearing Officer must impose conditions upon the dog's owner or keeper that wil1 protect the public health, safety, and welfare. 15 If one ofthe conditions is to require that the vicious dog be confined in an enclosure, the enclosure must be designed m order to prevent the animal from escaping and include a fence or structure 16 suitable to prevlO, ,t children from entering. 17 6.09.160 Prohibition of Owning, Possessing, Controlling or Having Custody. 18 The City of San Bernardino may prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of any dog for a period of up to three years if the Hearing 19 Officer finds, after proceedings conducted under 996.09.030 through 6.09.050, that such ownership or possession would create a significant threat to the public health, safety and welfare. 20 6.09.170 Fines and Limits. 21 Any violation of this Chapter involving a declared potentially dangerous dog or a declared 22 vicious dog shall be punishable as a misdemeanor. 23 6.09.180 Severability. 24 If any provision of this Title or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Title which can be 25 given effect without the invalid provision or application, and, to this end, the provisions of this Title are severable. 26 III 27 III 28 1/1 26 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 Chapter 6.10 CATS 6.10.010 6.10.020 6.10.030 Findings. Number of Cats Permitted. Cat Fancier Permit. 6.10.010 Findings. The Mayor and Common Council find that cat owners who allow their cat(s) to cause a 8 public nuisance shall be responsible for maintaining their cat( s) in such a manner as to prevent their cat(s) from interfering with the comfortable enjoyment of life and property by the surrounding 9 community. 10 6.10.020 Number of Cats Permitted. II It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than five cats which are four or more months of age, except as may be 12 permitted by the provisions of Title 19 or as may be permitted by this Chapter. 13 6.10.030 Cat Fancier Permit. 14 It is unlawful for any person, firm or corporation to own, harbor or care for more than five cats over the age off our months without obtaining a fancier permit from the Division of Animal 15 Control. The Division of Animal Control may issue a fancier permit under the following conditions: 16 17 18 19 (I) All cats owned, harbored or cared for shall be kept in compliance with 96.01.060 of this Title and any sections of this Title relating to cats. (2) The fee, or fees, for a fancier permit shall be set by Resolution of the Mayor and Common Council and shall be in addition to any other permits, licenses or fees required by this Title. 20 The number of cats permitted per residence shall be based upon the following criteria: (3) 21 22 23 24 (a) Property up to 10,000 square feet: a maximum often (10) cats. (b) 25 Property between 10,001 square feet and 15,000 square feet: a maximum of fifteen (15) cats. Property between 15,001 square feet and 20,000 square feet: a maximum of twenty (20) cats. (d) No property shall exceed twenty cats (20) cats. (c) 26 27 (e) No person residing at the property where the permit is to be issued may have two or more convictions of this Title, any conviction of anti-cruelty laws, or any conviction of animal fighting laws that have occurred in the eighteen (18) month period prior to the application for the permit. 28 27 MC-l114 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Sections: 6.11.010 (4) The Animal Control Officer shall be admitted to enter and inspect any property or premises at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this Title or State animal law. (5) Any violation of this Title or any State animal law shall constitute reasonable grounds for the revocation of a fancier permit. Failure to pay fines associated with any animal violations, failure to pay any associated permit fees, refusal of an inspection by an authorized Animal Control Officer or a conviction of animal cruelty laws shall constitute reasonable grounds for the revocation of a fancier permit. (6) Chapter 6.11 QUARANTINE Skunks. 6.11.010 Skunks. A. Pursuant to Health and Safety Code 99121575 through 121635, and as directed by, and in accordance with 92606.8 of the California Code of Regulations, Title 17, there is established a quarantine prohibiting in the City: (I) (2) Th.~ trapping or capture of skunks for pets; The trapping, capture, holding in captivity, or breeding of skunks for sale, barter, exchange or gift; and, The transportation of all skunks from or into the City is prohibited except by permit from the State Department of Health Services to recognized zoological gardens or research institutions. 17 18 19 20 B. (3) This quarantine shall continue as long as skunk rabies remains a problem in California and until revoked by the County Health Officer. C. The Health Officer of the County is authorized and directed to enforce the provisions of 22 this Chapter. (Ord. MC-460, 5-13-85; Ord. 2968,1969; Ord. 8219540,1921) 21 23 24 25 26 Sections: 6.12.010 Chapter 6.12 POLICE DOGS Interference with Police Dogs. 27 6.12.010 Interference with Police Dogs. It is unlawful for any person, in a manner not otherwise prohibited by Penal Code9597, to 28 tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being 28 MC-l1l4 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 used by any police officer in the performance of his or her official duties. (Ord. MC-388, 6-9-84) 4 Chapter 6.13 ENFORCEMENT-PENALTY 5 Sections: 6 6.13.010 6.13.020 7 8 Penalty for Violation. General Penalties. 6.13.010 Penalty for Violation. Any person, firm or corporation violating, or causing the violation of, any provision of this 9 Title is guilty of an infraction, unless otherwise stated, which, upon conviction thereof, is punishable in accordance with the provisions of 91.12.0 I 0 of this Code.(Ord. MC-460, 5-13-85) 10 II 6.13.020 General Penalties. Each method of enforcement set forth is intended to be mutually exclusive and does not 12 prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violation exists constitutes a separate offense. 13 14 15 16 17 18 A. 19 Sections: 6.14.010 20 6.14.020 6.14.030 21 6.14.040 6.14.050 22 6.14.060 6.14.070 23 6.14.080 6.14.090 24 6.14.100 6.14.110 25 6.14.115 6.14.120 26 27 28 Administrative Citation. If a Police Officer, Animal Control Officer, Animal License Checker, or any person designated by Chapter 9.90 of Title 9 of the Municipal Code to enforce the various provisions of this Title believes that a violation exists, he or she may issue an Administrative Citation under the provisions of Chapter 6.14 of the San Bernardino Municipal Code. Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. CHAPTER 6.14 ADMINISTRATIVE CITATIONS Legislative Findings; Statement of Purpose. Definitions. Use of the Administrative Citation. Viohtion; Authority; Fines. Service Procedures. Contents of Citation. Satisfaction of the Administrative Citation. Request for Hearing on an Administrative Citation. Failure to Pay Fines. Appeal of Hearing Officer's Decision. Animal Control Commission's Decision. Failure to Pay Fine(s) Imposed or Upheld By Animal Control Commission. Severability. 6.14.010 Legislative Findings; Statement of Purpose. A. The Mayor and Common Council hereby find that there is a need for an alternative method of enforcement for certain violations of Title 6 of this Code and applicable state codes. The 29 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 Mayor and Common Council further find that an appropriate alternative method of enforcement for animal control violations is an Administrative Citation Program as authorizer! by Government Code 953069.4, and is consistent with the City of San Bernardino's authority as a Charter City. 5 6 7 The procedures established in this Chapter shall be in addition to criminal, civil, or any other legal remedy established by law, which may be pursued to address violations of Title 6 of the San Bernardino Municipal Code or applicable state codes. It is the desire of the Mayor and Common Council to secure compliance with Title 6 of the San Bernardino Municipal Code. Such compliance is a matter oflocal concern and serves an important public purpose. D. Adoption of an Administrative Citation Program will achieve the following goals: B. C. 8 9 10 11 12 (I) To protect the public health, safety and welfare of the citizens of the City of San Bernardino; (2) To gain compliance with Title 6 of the San Bernardino Municipal Code in a timely and efficient manner; 13 (3) To provide for an administrative procedure to request a hearing on the imposition of administrative citations and fines; and, 14 15 16 17 18 19 (4) To provide an additional method to hold parties responsible when they fail or refuse rc comply with the provisions of Title 6 of the San Bernardino Municipal Code. 6.14.020 Definitions. A. "Responsible person" means any of the following: Any person who causes a violation of Title 6 to occur. (I) (2) Any person who maintains or allows an animal violation to continue by his or her acts or failure to act; or, 20 21 (3) Any person described below whose agent or employee causes or permits a violation to exist or to continue to exist by his or her acts or failure to act: 22 23 24 (a) A person who is the owner and/or a person who is a lessee or sub lessee with the current right of possession of real property where an animal related violation occurs; or, (b) A person who is the on-site manager of a business and is responsible for the activities on such premises. 25 26 "Animal Control Officer, or, other authorized officer" shall mean any officer or employee with the authority to enforce Title 6 of the San Bernardino Municipal Code as provided in Chapter 9.90 of this Code. B. 27 28 C. "Applicant" means any responsible person who requests a hearing pursuant to 96.14.080 30 MC-l114 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 herein. 4 6.14.030 Use of the Administrative Citation. 5 6 7 8 9 A. Use of the administrative citation is limited to violations of Title 6 of the San Bernardino Municipal Code. B. The procedures established in this section shall be in addition to any criminal, civil, or any other legal remedy established by law which may be pursued to address violations of Title 6 of the San Bernardino Municipal Code. The use of the administrative citation in place of other remedies shall be subject to the approval of the Office of the City Attorney. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code. 10 6.14.040 Violatiun; Authority; Fines. II 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Any person violating any provision of Title 6 of the San Bernardino Municipal Code may be issued an administrative citation by an Animal Control Officer, or other authorized officer, as provided in this Chapter. Each and every day a violation of any provision of Title 6 of the San Bernardino Municipal Code exists constitutes a separate and distinct offense. Each section of Title 6 of the San Bernardino Municipal Code violated constitutes a separate and distinct violation. B. c. Any fine assessed by means of an administrative citation issued by the Animal Control Officer, or other authorized officer, shall be payable directly to the City of San Bernardino. D. Any person who receives an administrative citation shall be required to pay a fine in the following amounts: (I) A fine not exceeding One Hundred Dollars ($100.00) for the first administrative citation; (2) A fine not exceeding Two Hundred Dollars ($200.00) for a second administrative citation for violation of the same ordinance if issued within a twelve (12) month peri ad; (3) A fine not exceeding Five Hundred Dollars ($500.00) for any subsequent issued administrative citation for violation of the same ordinance within a twelve (12) month period. 6.14.050 Service Procedures. In any case where an administrative citation is issued, service of the citation shall be made 25 by complying with the following: 26 27 28 A. Personal Service. The Animal Control Officer, or other authorized officer, shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings; or, if the responsible person 31 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 cannot be contacted and personally served after reasonable efforts to do so have failed, service may be effected by certified mail. B. Mail and Posting. The responsible person, shall be served by certified mail, return receipt requested. Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. 7 6.14.060 Contents of Citation. 8 9 10 11 12 13 14 15 16 17 18 19 A. Each administrative citation shall contain the following information: (I) Date, approximate time, and address or definite description of the location where the violation(s) waslwere observed; (2) (3) (4) The Title 6 Code section(s) violated and a description of the violation(s); The amount of the fine for the violation(s); An explanation of how the fine shall be paid and the time period by which it shall be paid; (5) Identification of rights to a hearing, including the time within which the hearing may be requested; (6) 'l'le name and signature ofthe Animal Control Officer, or other authorized officer, issuing the citation; and, (7) A schedule oflate fees. B. If the violation is one which is continuing, a notice to correct the violation and an explanation of the consequences for failing to correct the violation shall be issued concurrently with the citation. 20 6.14.070 Satisfaction of the Administrative Citation. 21 Upon receipt of a citation, the responsible person must: 22 23 24 25 26 27 28 (A) Pay the fine to the City within fifteen (15) days from the issue date of the administrative citation. All fines assessed shall be payable to the City of San Bernardino. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City; or, (B) File a Request for Hearing pursuant to 96.14.080. 6.14.080 Request for Hearing on an Administrative Citation. A. Time to file a Request for Hearing. Any recipient of an administrative citation may contest the citation by completing a Request for Hearing form and returning it to the City Clerk within fifteen (15) days from the date the citation is served or deemed to have been served. A failure to file a timely Request for Hearing shall be deemed a waiver of the right to a 32 MC-1l14 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 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 hearing on the citation and a failure to exhaust administrative remedies. B. Hearing Officer. The Mayor shall designate the Hearing Officer for the administrative citation hearing. C. Hearing procedure: (I) No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a Request for Hearing form has been completed and submitted. (2) After receipt of the Request for Hearing form, a hearing before the Hearing Officer sball be set for a date that is not less than fifteen (15), and not more than sixty (60), days from the date that the request for a hearing is filed in accordance with the provisions of this Chapter. The applicant shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. (3) The applicant shall be given the opportunity to testify and present evidence concerning the administrative citation. (4) Formal rules of evidence shall not apply. D. The administrative citation and any additional documents submitted by the Animal Control Officer, or other authorized officer, shall constitute prima facie evidence of the respective facts contained in those documents. E. If the Animal Control Officer, or other authorized officer, submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least ten (10) days prior to the date of the hearing. F. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the reports and other documents submitted or relied upon by the Animal Control Officer, or other authorized officer. The hearing shall not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally complying with the Administrative Procedure Act, Government Code 9911370, et seg. G. The Hearing Officer may continue the hearing and request additional information from the issuing Animal Control Officer, or other authorized officer, or the recipient of the administrative citation prior to issuing findings of fact and statement of decision. H. Any person who has filed a "Request for Hearing" and has been notified of the time and date for a hearing pursuant to this Chapter who does not appear at said hearing and does not seek a continuance prior to the hearing shall be deemed to have waived the right to be present at the hearing, and the hearing shall proceed in their absence. Hearing Officer's Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer may immediately issue a verbal decision or may issue a written decision within ten (10) working days of the hearing. The decision shall include the reasons therefor and the amount of any fine imposed. Said decision shall also include 1. 33 MC-1l14 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 C. any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections. If a verbal decision is issued at the hearing, a written decision shall be prepared by the Hearing Officer and mailed to the applicant within ten (10) working days of the hearing. The effective date of the decision shall be the mailing date of the written decision to the applicant. 6.14.090 Failure to Pay Fines. A. Failure of any person to pay a fine assessed by administrative citation within the time specified on the citation, or designated by the Hearing Officer as a result of a hearing, shall result in an assessment of an additional late fee in accordance with the following late fee schedule: (I) Failure to pay the administrative citation, if no appeal is filed, within 15 days after the date the citation was issued by an officer shall result in a Twenty-Five Dollar ($25.00) late penalty assessed. (2) Any fines and late fees which remain outstanding, when no appeal is filed, thirty (30) days beyond the date the citation was issued by an officer shall have assessed an additional Twenty-Five Dollar ($25.00) late penalty, for a total of a Fifty Dollar ($50.00) late fee. B. The faik.~ uf any person to pay an administrative fine within the time frames specified on the citation, or upon the hearing as ordered by the Hearing Officer, shall be considered a debt to the City. To enforce that debt, the Director of Animal Control may file a small claims action or pursue any other legal remedy to collect such money. The City may also recover its collection costs, along with fines assessed, as established by proof of the cost of attempts to collect the debt. It shall be unlawful for any person to fail to abide by any decision of the Hearing Officer. 20 6.14.100 Appeal of Hearing Officer's Decision. 21 A. 22 23 24 25 26 27 28 Any decision of the Hearing Officer with regards to this Title may be appealed to the Animal Control Commission in accordance with this Section. (I) The appeal shall be filed with the City Clerk within ten (10) days following the date of the written decision of the Hearing Officer and shall include the payment of all applicable appeal fees. The appeal shall be in writing and set forth (a) the specific action appealed from, (b) the specific grounds for the appeal, and (c) the relief or action sought from the Animal Control Commission. In the event any notice of appeal fails to set forth all information required by this section, the City Clerk shall return the same to the appellant with a statement stating in which respects the appeal application is deficient, and the appellant shall thereafter be allowed ten (10) days after the City Clerk mailed the appeal application in which to re- file the appeal. A hearing before the Animal Control Commission shall be set for a date that is not (2) 34 MC-11l4 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 less than fifteen (15), and not more than sixty (60), days from the date that the request for an appeal is filed in accordance with the provisions of this Section. The person requesting the appeal shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the appeal. (3) The Animal Control Commission shall consider all evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of Title 6 of the San Bernardino Municipal Code on the date(s) specified in the administrative citation. The responsible person contesting the administrative citation shall be given the opportunity to testifY and present evidence concerning the administrative citation. (4) (5) The failure of any recipient of an administrative citation to appear at the appeal hearing without good cause shall constitute a failure of said recipient to exhaust hislher administrative remedies. (6) The administrative citation and any additional documents submitted by the Animal Control Officer, or other authorized officer, shall constitute prima facie evidence of the respective facts contained in those documents. (7) If the Animal Control Officer, or other authorized officer, submits an additional written report concerning the administrative citation to the Animal Control Commission for consideration at the appeal, then a copy of this report also shall be served by mail on the person requesting the hearing at least five (5) days prior to the date of the appeal. (8) (9) Formal rules of evidence shall not apply. The Animal Control Commission may continue the hearing and request additional information from the Animal Control Officer, or other authorized officer, or the recipient of the administrative citation prior to issuing a written Decision. (10) The Mayor and Common Council may, by Resolution, establish a fee for the processing of an appeal. (II) It 1!- ~3ition of any fine ordered by the Hearing Officer shall be held in abeyance, if an appeal is filed, until the written decision of the Animal Control Commission has been served as required in 96.14.110 herein, plus three days for mailing time. 23 6.14.110 Animal Control Commission's Decision. 24 25 26 27 28 A. After considering all of the testimony and evidence submitted at the appeal, the Animal Control Commission shall issue a written decision within ten (10) working days of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the Animal Control Commission shall be final. The recipient of the administrative citation shall be served with a copy of the Animal Control Commission's written decision by certified and regular mail. Any person aggrieved by the decision of the Animal Control Commission may obtain review of such decision by filing an appeal with the Superior Court of the State of B. C. 35 22 III 23 III 24 III 25 I II 26 I II 27 III 28 III MC-1l14 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. California, County of San Bernardino, in accordance with the time lines and provisions set forth in Government Code 953069.4 and Code of Civil Procedure 991094.5 and 1094.6. 6.14.115 Failure to Pay Fine(s) Imposed or Upheld By Animal Control Commission. 5 6 7 8 9 10 II 12 B. A. Failure of any person to pay an administrative fine imposed or upheld by the Animal Control Commission as a result of a hearing shall result in an assessment of an additional late fee in accordance with the following late fee schedule: (I) Any fines which remain outstanding fifteen (15) days after the Decision of the Animal Control Commission was mailed shall have assessed a Twenty-Five Dollar ($25.00) late penalty. (2) Any fines and late penalty which remain outstanding thirty (30) days beyond the date the Animal Control Commission mailed its Decision shall have assessed an additional Twenty-Five Dollar ($25.00) late penalty, for a total of a Fifty Dollar ($50.00) late penalty. The failure of any person to pay the administrative fine within the time frame ordered by the Animal Control Commission shall be considered a debt to the City. To enforce that debt, the Director of Animal Control may file a small claims action or pursue any other legal remedy to collect such money. The City may also recover its collection costs, along with fines assessed, as established by proof of the cost of attempts to collect the debt. It shall be unlawful for any person to fail to abide by any decision ofthe Animal Control Commission. 13 14 15 C. 16 17 6.14.120 Severability. The provisions of this Title are severable, and, if any sentence, section, or other part of this 18 Title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. 19 III 20 III 21 III 36 MC-1l14 I 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 4 Common Council ofthe City of San Bernardino at a it reg. meeting thereof, held on the 7th 5 day of January ,2002, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACI-;, ~ ~ 8 9 10 ~ ~ X X X II 12 13 14 15 16 17 18 19 20 21 22 23 24 By: L 7-. ~ 25 U a~ b.~ CitY-Clerk The foregoing Ordinance is hereby approved this 8th day of January ,2002. Approved as to form and legal content: U-- Ju ith Valles, Mayor C' y of San Bernardino JAMES F. PENMAN, City Attorney 26 27 28 37