HomeMy WebLinkAboutMC-1241
Adopted: March 5. 2007
Effective: April 5. 2007
1
2
ORDINANCE NO. MC-1241
3
4
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6.01.020 AND ADDING NEW SECTIONS 6.01.160,6.01.170,6.01.180 AND 6.01.190
TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING
MANDATORY SPAY/NEUTER OF DOGS.
5
6
7
WHEREAS, there exists within the City a serious pet overpopulation problem,
created through irresponsible pet ownership that has resulted in a serious threat to the
safety, health and humane treatment of animals; and
8
9
WHEREAS, the impact of these animals includes, but is not limited to the
indiscriminate breeding of unaltered animals, the transmission of disease, the injury of
humans and other animals, the creation of hazards to vehicular traffic, and the drain of
public finances; and
10
11
12
WHEREAS, the majority of animals received by the City Animal Control
Department are pets that citizens voluntarily surrender, many thousands of which are
euthanized because there are not enough homes for all the unwanted animals; and
13
14
WHEREAS, the idea of controlling and reducing the City's pet overpopulation
problem through euthanasia is becoming increasingly problematic. History has shown
that treating the symptoms of societal problem is useless without addressing the root
cause of the problem.
15
16
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARINO DO ORDAIN AS FOLLOWS:
17
18
CHAPTER 6.01 Section 6.01.020 of the San Bernardino Municipal Code is hereby
amended to include the following definitions:
19
20 II.
"Registered Animal" means a purebred dog, recognized by and registered
21 with the American Kennel Club (AKC), United Kennel Club (UKC), or other
22 national registry.
23
24 Section 6.01.160 of the San Bernardino Municipal Code is hereby added and reads as
25 follows:
26
27
28
KC-1241
1 6.01.160 Mandatory Spay or Neutering of Dogs
2
3 A.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
No person may own, keep, harbor, or maintain a dog over the age of four months
which has not been spayed or neutered unless the dog is exempt as follows:
(1) The dog is a registered purebred as defined in Section 6.01.120, and has
competed in at least one dog show or sporting competition sanctioned by a
national registry within the last 365 calendar days or has earned a conformation,
obedience, agility, carting, herding, protection, rally, sporting, working or other
title from a purebred dog registry.
(2) The animal is unable to be spayed or neutered without a high likelihood of
suffering serious bodily harm or death due to age or infirmity. The owner or
custodian must obtain written confirmation to that effect from a licensed
veterinarian. The statement must also include the date by which the animal may
be safely spayed or neutered, if at all possible.
18
19
20
21
22
23
24
25
26
27
28
(3) Dogs used by law enforcement agencies.
B. After the effective date of this ordinance, pet owners will have 60 days to come
into compliance. New pet owners or pet owners new to the city, will have 60
days to come into compliance.
6.01.170
Impoundment of dogs.
A. When a dog is impounded, the owner or custodian may reclaim the animal provided
one of the following occurs:
KC-1241
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
(1) The owner shows proof the animal is spayed or neutered.
(2) The owner shall pay a spay/neuter deposit of $100 and shall then have 30
days to have the animal spayed or neutered. Upon proof of the spaying or
neutering the $100 deposit will be refunded to the pet owner. Failure to
have the animal spayed or neutered in that time frame will result in
forfeiture of the deposit.
(3) Exempt animals whose status was denied or revoked under the provisions
of 6.01.180 will be required to comply with Section A(1) above.
B. Costs for impoundment.
(1) The owner of an unaltered animal shall be responsible for the costs of
impoundment including outstanding fines, fees or any amount set by the
Mayor and Common Council.
(2) If any person does not provide proof of the animal owner's identity or
provide satisfactory proof of ownership, claim the animal and pay any sums
due prior to the expiration of the holding period prescribed by state law, the
animal shall become the property of the City
6.01.180 Denial or Revocation of Unaltered Dog License or Exempt Status
A. The department may deny or revoke an unaltered dog license or exempt status
for one or more of the following reasons:
KC-1241
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
(1) The pet owner is not in compliance with all of the requirements of
Section 6.01.160A(1).
(2) The department has received at least one complaint, in writing, by a
complainant and verified by the department, that the pet owner has
allowed the dog to run loose or escape.
(3) The pet owner was previously cited for violating a state law, county code
or other municipal provision relating to the care and control of animals;
(4) The unaltered dog has been adjudicated by a court or an agency of
appropriate jurisdiction to be potentially dangerous or vicious;
6.01.190 Allocation of Fees Collected
All fines and forfeited deposits collected under Section 6.01.160 shall be paid to
the Spay/Neuter Trust for the purpose of providing assistance to the public in the
spaying and neutering of dogs and cats.
MC-1241
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6
2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
6
thereof, held on the ---5..th day of March
,2007, by the following vote, to wit:
7 Council Mernbers:
8 ESTRADA
9 BAXTER
10
BRINKER
11
DERRY
12
KELLEY
13
JOHNSON
14
MCCAMMACK
15
16
17
18
AYES
NAYS
ABSTAIN
ABSENT
x
-
x
x
-
x
x
-
x
-
x
-
f<~ J:J. flA-Ju
~2:Z~C~~~
19
-rJ!
20 The foregoing resolution is hereby approved this ~ day of March ,2007.
21
%:~~
Patri J. Morris,
I y of San Bernardino
22
23
24
25 Approved as to Form:
26 JAMES F. PENMAN,
City ttorney
28
27