HomeMy WebLinkAboutMC-418
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ORDINANCE NO. HC--4l8
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT COWS,
SOWS, GILTS AND BOARS RAISED IN SUPERVISED AGRICULTURE EDUCATIONAL
PROGRAMS MAY BE PERMITTED WITHIN THE CITY LIMITS, PROVIDING THAT
RANCHES OR FARMS USED FOR KEEPING, GRAZING, BREEDING OR RAISING OF
HORSES, CATTLE OR SHEEP SHALL HAVE LEGAL NONCONFORMING USE AND
SHALL NOT LOSE SUCH NONCONFORMING USE DURING TEMPORARY PERIODS OF
TIME WHEN HORSES, CATTLE OR SHEEP ARE MOVED ELSEWHERE DURING THE
ABSENCE OF OWNERS OR OCCUPANTS OF THE RANCH, AMENDING SECTION
6.08.050 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING SECTION
6.08.055 OF THE SAN BERNARDINO MUNICIPAL CODE TO ACCOMPLISH SUCH
PURPOSES, AND REPEALING ORDINANCE NO. MC-405.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The Mayor and Common Council hereby
jfind that, in seeking to annex territories known generally as the
Highland area, Arrowhead Suburban Farms, and various islands of
property within the boundaries of the City of San Bernardino which
have not previously been included within the City limits of the
City of San Bernardino, existing County ordinances are in many
cases less strict on the keeping of animals within unincorporated
areas of the County than are existing City ordinances within the
City. The City has no desire to impose greater restrictions on
undeveloped lands. One exception is that the keeping of hogs,
sows, gilts and boars, except those raised in supervised
agriculture educational programs such as 4-H programs and Future
Farmers of America programs, or other programs supervised by the
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MC-418
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Agricultural Cooperative Extension Service of the County of San
2 Bernardino, within the City limits, is still objectionable, and
3 that the present provisions of the San Bernardino Municipal Code
4 relating to hogs, sows, gilts and boars except those raised in
5 supervised agriculture educational programs should be enforced
6 even in the territory proposed to be annexed after a two-year
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Imoratorium.
SECTION 2. The provisions of Title 6 of the San Bernardino
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9 Municipal Code shall not apply within those areas identified as
]0 Annexation Parcels 1 through 12 by Resolution No. 84-279 of the
]] City of San Bernardino, with the following exceptions: Section
]2 6.08.055, adopted herein, which shall not apply for two years
]3 after the effective date of any such annexation, within such
14 annexed territory; Sections 6.24.020 through 6.24.180, inclusive,
]5 and Chapters 6.04, 6.20, 6.28, 6.32, 6.34 and 6.38. All excepted
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sections and chapters, other than Section 6.08.055, shall be
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permanently inapplicable within any property included within the
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annexation areas identified as Annexation Parcels 1 through 12,
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I inclusive, by Resolution No. 84-279 of the City of San Bernardino,
I except as otherwise specified herein, and shall not be enforced
ilwithin any such area by personnel of the Animal Control Department
Ii or by any other City employee. The City shall, however, prior to
II the effective date of any such annexation, adopt an ordinance
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~ covering such property imposing restrictions on the keeping of
~ animals identical with those now in effect under ordinances of the
~ County of San Bernardino.
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SECTION 3.
Any provision of Title 19 relating to zoning
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. which establishes controls or limitations on the keeping of
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animals shall not apply to any area identified as Annexation
Parcels 1 through 12, inclusive, by Resolution No. 84-279 of the
City of San Bernardino. Any ranch or farm in the annexation area
described above used for keeping, grazing, breeding or raising of
horses, cattle or sheep in any such area at the time of its
annexation shall be deemed a legal nonconforming use and shall
maintain such nonconforming status during any temporary periods of
time when the horses, cattle or sheep are moved elsewhere during
the absence of the owners or occupants of the ranch or farm and
are subsequently returned to the area. If the temporary period of
non-use shall exceed one hundred eighty days, the nonconforming
status may be preserved if the owner, occupant or tenant of such
property files with the Planning Director a notice prior to the
expiration of the one hundred eighty day period that the period of
non-use will exceed one hundred eighty days but will not exceed
two years, which notice shall specify the anticipated date by
which the use will be reactivated.
SECTION 4. Section 6.08.050 of the San Bernardino Municipal
Code is amended to read:
"6.08.050 Keeping of more than five animals.
Except in those areas identified as Annexation Parcels 1
through 12 by Resolution No. 84-279 of the City of San Bernardino,
it is unlawful for any person, firm or corporation to keep or
cause to be kept, more than five of the animals described in
Section 6.08.040 {except cows)."
SECTION 5. Section 6.08.055 is added to the San Bernardino
Municipal Code to read as follows:
"6.08.055 Hogs, sows, gilts or boars.
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It is unlawful for any person, firm or corporation to keep or
cause to be kept a hog, sow, gilt or boar at any place in the
City, except that hogs, sows, gilts and boars raised in supervised
agriculture educational programs
iauthorized 4-H or Future Farmers
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under supervision of a duly
of America program, or any other
educational program directly supervised by the Agricultural
,Cooperative Extension Service of the County of San Bernardino
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lishall be permitted."
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I' SECTION 6. Exemptions created hereunder from the existing
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Iprovisions of the San Bernardino Municipal Code will cease to
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iexist as to any property or use which has been abandoned for a
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Iperiod in excess of one hundred eighty days after the annexation
of such property to the City of San Bernardino, except for ranches
and farms, as provided in Section 3 above.
SECTION 7. Upon the effective date of this ordinance,
lordinance No. MC-405 is hereby repealed.
I I HEREBY CERTIFY that the foregoing ordinance was duly
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iadopted by the Mayor and Common Council of the City of San
I Bernardino at a reqular meeting thereof, held
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lion the 15th day of October , 1984, by the following
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I! vote, to wi t:
ii AYES: Council Members Castaneda, Reilly, Marks, Quiel,
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II Frazier, Strickler
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NAYS: Council Member Hernandez
ABSENT: None
~&fi'i?~'0
/ City C erk
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III
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The foregoing ordinance is hereby approved this 16th day
2 of October
, 1984.
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Approved as to form:
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/ZL~~~
City Attorney
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