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HomeMy WebLinkAboutMC-1214 Adopted: February 21, 2006 Effective: March 24, 2006 1 ORDINANCE NO. KC-1214 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN MUNICIPAL CODE RELATING TO ANIMALS. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 4 DO ORDAIN AS FOLLOWS: 5 CHAPTER 6.01 Section 6.01.020 CC ofthe San Bernardino Municipal Code is hereby 6 amended to read as follows. 7 CC. "Properly cleaned" means that carcasses, debris, food, waste, and excrement are 8 9 removed from the yard, property, house and primary enclosure with sufficient frequency to minimize the animal's contact with the above-mentioned contaminants; 10 that the primary enclosure is sanitized with sufficient frequency to minimize odors, 11 insects, and the hazards of disease preventing the animals confined therein from 12 being directly or indirectly sprayed with the stream ofwater, or directly or indirectly 13 exposed to hazardous chemicals or disinfectants. 14 15 Section 6.01.020 HH is hereby added to the San Bernardino Municipal Code: 16 HH. "Wild, exotic, dangerous, poisonous or non-domestic animals" means any 17 animals not specifically addressed within this Title. 18 19 Section 6.01.130 of the San Bernardino Municipal Code is hereby amended to read as 20 follows: 21 6.01.130 Administration and Enforcement of Title. 22 A. The Animal Control Division shall administer and enforce this Title 23 and other Titles pertaining to animals or other species; and all 24 provisions ofthe penal laws of the state relating to cruelty to animals. 25 26 B. In the performance of his or her duties, the Animal Control Director, any Animal Control Officer, and any authorized employee of the 27 Animal Control Division, shall have the power and authority to 28 enforce the provisions of this Title and other Titles pertaining to 1 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 animals or other species, including issuance of notices to appear pursuant to Chapters 5C and 5D of Part 2, Title 3 (commencing with S853.5) ofthe Penal Code, for any offense which is a violation of this Title relating to animals and fowl, or any Code of Regulations or penal law of the State of California relating to animals and fowl or cruelty to animals. (Ord. MC-460, 5-13-85; Ord. 3968 S 1,1980; Ord. 3926 SI, 1980; Ord. 3301, 1972; Ord. 821 S515, 1921) (City Attorney Opinion No. 89-1) Section 6.01.140 of the San Bernardino Municipal Code is hereby amended to read as follows: 6.01.140 Abandonment of Animal. No person shall abandon any animal. Nothing in this section shall be construed to prohibit the release of an animal, by its owner, to an animal shelter, humane society, SPCA or other private animal rescue group. Section 6.01.160 is hereby added to the San Bernardino Municipal Code: 6.01.160 Failure to Comply with Mandatory Spay/Neuter. No person shall fail to spay or neuter any dog or cat adopted from the City animal shelter unless the shelter's contract veterinarian authorizes a deferral for medial reasons. In such cases, the surgery must be completed within 60 days of such deferral. CHAPTER 6.03 to read as follows: 6.03.020 Section 6.03.020 of the San Bernardino Municipal Code is hereby amended Bovine, Ratite, Caprine, or Ovine Animals - Not Authorized on Property Less Than One Acre. It is unlawful for any person, firm or corporation to stable, pasture or keep or cause to be stabled, pastured or kept, any bovine (e.g., cow, steer), ratite (e.g., ostrich, 2 MC-1214 1 emu), caprine (e.g., goat), or ovine (e.g., sheep) animal, or like animal at a place 2 which has an area ofless than one acre (43,560 square feet). (Ord. 3465 (part), 1974; 3 Ord. 821 S501(b), 1921) 4 5 Section 6.03.025 is hereby added to the San Bernardino Municipal Code: 6 6.03.025 Bovine, Ratite, Caprine, or Ovine Animals - On Property Greater than 7 One Acre. 8 It is unlawful for any person, firm or corporation to stable, pasture, or keep 9 or cause to be kept, more than four of any combination of ratite, bovine, caprine, or 10 ovine at any place in the City provided that a person, firm or corporation having 11 contiguous land of more than five acres, may keep one additional bovine, caprine, or 12 ovine for each acre in excess of such five acres, but not to exceed eighteen animals 13 at any lot. Said animal(s) shall not be kept within one hundred fifty feet ofa building 14 or structure used or intended for human occupancy and said animal(s) shall not be 15 kept within fifty feet of any neighboring property line or street line. 16 17 CHAPTER 6.05 Section 6.05.050 is hereby deleted from the San Bernardino Municipal Code. 18 Sections 6.05.020, 6.05.030, and 6.05.040 of the San Bernardino Municipal Code are hereby 19 amended to read as follows: 20 6.05.020 Domestic Fowl Not Permitted Within Fifty Feet of Human Dwelling. 21 It is unlawful for any person, firm, or corporation to keep, or cause to be kept, 22 or allow to roam, any domestic fowl within fifty feet of any building or structure used 23 or intended for human occupancy. 24 6.05.030 Domestic Fowl Permitted If Kept More than Fifty Feet Away From 25 Human Dwelling. 26 It is unlawful for any person, firm or corporation to keep, or cause to be kept 27 or allowed to roam, more than two domestic fowls between fifty and one hundred 28 feet of any building or structure used or intended for human occupancy. The 3 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maximum number of domestic fowl on any lot is twenty-four fowl. 6.05.040 Roosters and Peacocks Not Permitted Within 200 feet of Human Dwelling. It is unlawful for any person, firm, or corporation to keep any rooster or peacock within two hundred feet of any building or structure used or intended for human occupancy. No more than one peacock or rooster is permitted per lot. CHAPTER 6.07 Sections 6.07.030 through Sections 6.07.080 are hereby deleted from the San Bernardino Municipal Code. Section 6.07.020 of the San Bernardino Municipal Code is hereby amended to read as follows: 6.07.020 Animals Prohibited. No person shall have, keep, maintain, breed, sell or trade any dangerous or poisonous animal within the City limits. No person shall have, keep, maintain, breed, sell or trade any wild, exotic, or non-domestic animal that is prohibited by applicable state and/or federal law within the City limits. CHAPTER 6.08 Section 6.08.070 is hereby deleted from the San Bernardino Municipal Code. Sections 6.08.040 and 6.08.140 ofthe San Bernardino Municipal Code are hereby amended to read as follows: 6.08.040 License and Tag Required - Fees. A. Each person, firm or corporation owning, harboring or having custody or control of a dog of the age of four months or more within the City shall obtain at least annually a license and tag for the dog. License and tag fees are payable in advance. Ifthe appropriate fee is not paid when due, a delinquency penalty shall be added to the fee. A fee shall be charged for any additional tag issued to replace a lost, stolen, misplaced or damaged tag and shall be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee for a new 4 MC-1214 1 license for the remainder of the licensing period in which the transfer 2 occurs. If a dog has a current license from another licensing 3 jurisdiction and has a current rabies vaccination, said license shall be 4 recognized by the City upon a payment of a transfer fee. 5 B. If any person, firm or corporation acquires the ownership, custody or 6 control of a dog, the new owner shall obtain the license required by 7 this Title within 30 days after acquiring the ownership, custody or 8 control of such dog, if the dog is then of the age of four months or 9 more, or within 30 days after such dog attains the age offour months. 10 The license shall expire the same month as the month the rabies 11 vaccination expires. The first license fee for a dog may be prorated 12 to expire at the same time as the rabies vaccination expires. 13 C. Moneys received during the current year for a license shall be first 14 applied to the payment of delinquent fees, sums and penalties due 15 during the preceding year(s), and any balance remaining thereafter 16 shall be applied to the payment of the current license fees and 17 penalties. A license issued during any prior year to the same owner 18 for license shall be prima facie evidence in any court or 19 administrative proceeding that the dog was continuously owned by 20 the same owner from the prior year to the current year. (Ord. MC-639, 21 9-19-88; Ord. MC-528, 7-7-86; Ord. MC-363, 4-16-84; Ord. MC-50, 1981; Ord. 22 3937 gl, 1980; Ord. 3577, 1976; Ord. 821 g519, 1921) 23 6.08.140 Running at Large. 24 A. Persons owning, having control or custody of any dog or other animal 25 shall, at all times, keep the animal on a leash (except in an authorized 26 off-leash dog park) or secured by the other suitable means of restraint 27 or confined by a fence on their property or the private property of 28 another, with the permission of the owner of that property, so as to 5 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. prevent the animal from being at large, biting or harassing any person engaged in a lawful act, interfering with the use of public property or with the use of another person's private property, or being in violation of any other section of this Title. The provisions of paragraph A of this Section shall not apply to the following: (1) Any dog used by a law enforcement agency. (2) Any dog while participating in a formal dog obedience training program or any dog participating in a dog show or other program expressly permitted or sponsored by the City. (3) Any dog within a posted off-leash area in any City park, as established by Resolution of the Mayor and Common Council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog nor shall this paragraph be construed as relieving such person from any liability for any damages arising out of his or her use of an off-leash area. In order to be subject to the exemption set forth in paragraph B(3) of this Section, all persons must comply with all requirements of law and the following rules and regulations when utilizing any off-leash area: (1) No dog is permitted in an off-leash area except when in the care, custody, and control of a person at least (13) years old. Any person under thirteen (13) years of age must be accompanied by, and be under the C. 6 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) (3) (4) (5) (6) (7) (8) direct supervision of, an adult. No person may have more than two dogs in an off-leash area at anyone time. No dogs are permitted in the off-leash area except during posted hours of operation. All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the City's Animal Control Division. No dog that is sick, in heat, injured, or less than four (4) months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any off-leash area. Any person having care, custody or control of a dog in an off-leash area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. No animals other than dogs are permitted in any off- leash area. The designated hours of use for the off-leash area shall coincide with the regular hours of the park as designated by 912.68.020 of this Code. As a condition of admission to an off-leash area, the owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of dog feces. Any person having care, custody or control of a dog in the off-leash area must have in his or her possession a leash for such dog which shall be worn by the dog at all times the dog is not in the off-leash area. All persons will otherwise comply with all rules 7 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 governmg City parks and all relevant parking regulations. (9) The use of an off-leash area by any dog shall constitute consent of the dog's owner or any person having the care, custody or control of the dog, to strictly follow the rules in 96.08.140 and shall constitute a waiver ofliability to the City, its elected officials, officers and employees, an assumption of all risks, and an agreement and undertaking to protect, indemnify, defend and hold harmless the City, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the off-leash area. D. Any person violating any provisions ofthis section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as set forth in Chapter 1.12 of this Code. E. Civil Remedies Available. The violation of any of the provisions ofthis Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 6.08.145 is hereby added to the San Bernardino Municipal Code: 6.08.145 Methods of Restraint - Improper Restraint. A. Any person walking a dog on a leash on public property including sidewalks, and the private property of others, must keep the dog on a leash and under physical control being able to restrain the 8 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. movement of the dog with the leash at all times. The leash must be kept in good condition; of sufficient strength to prevent breaking under pressure; and of material generally resistant to chewing or gnawing by an animal. The leash must be of a length to control the dog from harassing pedestrians or other animals at all times. Fencing must be adequate in terms of size to the number of dog(s) contained in the fenced area to prevent the dog(s) from escaping, of recognized construction methods, and in compliance with all other sections of the San Bernardino Municipal Code. Gates must be properly secured by a latching or locking mechanism and the height and condition of the fence must be able to prevent the dog(s) from escaping. A fence should be at least two and one-half(2 'li) times the height ofthe dog's shoulder when the dog is standing on four (4) legs and be in compliance with all other sections of the San Bernardino Municipal Code. However, should a dog be able to escape from a fenced yard, either by climbing, jumping or digging, additional fencing height, kennels, or other restraint methods may be required in addition to fencing. Fencing must be maintained in continued good condition. Existing fencing regardless of height will be considered an acceptable means of restraint unless and until a written complaint is filed with the Division of Animal Control and evaluated, or iffencing allows dogs to reach over and harass people on adjacent private property or people on the public right of way. Invisible fencing may be used as an alternative to traditional fencing as long as the system is installed by an authorized dealer of such products and set up and maintained in the following manner: (1) The owner and handler of the dog receive training regarding the use and maintenance of said system. C. 9 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. (2) The owner or handler must post signs visible from the public streets or driveways sufficient to alert the general public upon approaching the property where the fencing is located. (3) Two (2) signs are required stating that the "Dog is confined by electronic device," the name, address and telephone number of the company, any trademark and/or logo of either the company that installed the system or the company that maintains the system. Signs shall be at least six (6) inches by eight (8) inches and be displayed in a prominent and visible location. Dog kennels must be tall enough to prevent the dog(s) from jumping over, or have a secure top, and must be able to prevent dog(s) from digging out. Kennels must have a minimum of 100 square feet for one dog, plus an additional 25 square feet for each additional dog in the same enclosure. Cable runs are authorized as an alternative to fencing or kennel runs. Cable runs must allow the animal freedom of motion to move about at will within a protected area on the property without becoming tangled in obstacles. The cable runs shall be located in the yard area so as to prevent the dog from traversing upon another person's property, public sidewalks or public property, and from charging and harassing persons and pedestrians utilizing these properties. Cables must be sized according to the manufacturer's specifications for the weight of the animal. Tie-outs must be of sufficient length to allow the animal freedom of movement without becoming tangled, but never less than eight (8) E. F. 10 MC-1214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 feet in length, excluding the length of the collar. Tie-outs must be made of a non-rigid material. Tie-outs shall not be the primary means of restraint and no animal shall be kept in this manner for more than 12 hours a day. G. It is unlawful to use a weighted chain collar as a method of restraint. H. No person shall use a dog as a weapon or to threaten or harass other person(s) or animal(s), or keep a dog in such a manner wherein the dog charges a fence, leaps up and reaches across the fence in an assaultive manner to a pedestrian on public property or a neighbor legally on private property. 1. If a dog is found running at large by the City of San Bernardino Animal Control, the incident shall constitute prima facie evidence that current restraint methods are inadequate, and the owner shall be required to correct any conditions that permitted the dog to run-at- large, and provide such additional restraints as are necessary to secure and maintain the future restraint of the dog. Section 6.08.220 is hereby added to the San Bernardino Municipal Code: 6.08.220 Animal Bite. No person shall fail to control or restrain an animal thereby allowing it to bite a person on public property or lawfully on private property. A bite is defined as a puncture wound that breaks the skin. Section 6.09.060 of the San Bernardino Municipal Code is hereby amended CHAPTER 6.09 to read as follows: 6.09.060 Seizure and Impoundment Pending Hearing. If the Animal Control Officer or law enforcement officer determines that probable cause exists to believe the dog in question poses an immediate threat to 11 1 2 3 4 5 6 7 8 9 10 11 III 12 III 13 III 14 III 15 III 16 III 17 18 19 20 21 22 23 24 25 26 27 28 KC-1214 public safety, or if the animal was previously declared potentially dangerous or vicious and the owner is found to be in violation of the hearing order or of any provisions of this chapter and probable cause exists to believe the dog poses an immediate threat, he or she may seize and impound the dog pending the hearings held pursuant to this Chapter. If the dog is later adjudicated potentially dangerous or vicious or ifthe owner is found to be in violation ofthis chapter, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. If the Animal Control Officer determines that the impoundment is not contrary to public safety, he or she shall permit the animal to be confined in a City-approved kennel or veterinary facility, at the owner's expense. 12 MC-1214 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 2 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting there of, held on 5 6 the 21st day of February , 2006, by the following vote, to wit: 7 Council Members: 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 DERRY KELLEY 12 JOHNSON 13 MCCAMMACK 14 AYES NAYS ABSTAIN ABSENT x x X X X X X 15 16 ea-clcp-eJ1 eJMiu f: (1 Rac\1el G. Cler.k, City Cler.k ..L ry )00-11 a/LIL; 'Y'M clJlY!Cu. j),R.1J t1 ~ The foregoing resolution is hereby approved this 22nd day ofebruar ) 20<{6. () Ju ith Valles, Mayor C'ty of San Bernardino 17 18 19 20 21 Approved as to 22 Form and legal content: 23 24 JAMES F. PENMAN, City Attorney 25 26 By: ~/~~ J 27 ~ 28 13