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HomeMy WebLinkAbout25-Animal Control C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c c .j.... From: Kenneth Childress Subject: An ordinance of the City of San Bernardino amending sections 6.04.020, 6.08.145, 6.08.220, and 6.09.020 to title 6 of the San Bernardino Municipal Code relating to animals Meeting Date: MCC February 4, 2008 Dept: Animal Control Date: January 24, 2008 Synopsis of Previous Council Action: LRC recommended approval on 1/23/08. Recommended Motion: That said ordinance be laid over for final adoption ~~ CllQI\~ Signature . Contact person: K~nnAth ~hilrlr~.. phnnA.1J;1A Supporting data attached: Staff Report and Ordinance Ward: All FUNDING REQUIREMENTS: None. Source: NA .. Finance: Council Notes: Agenda Item No. ~ J..} J/ I Di CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.04.020,6.08.145,6.08.220, AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS Backl!round: There are several general amendments to this ordinance. One corrects an error in the pasturing requirements of horses and another limits the chaining of a dog to no more than four hours a day, the current State Law requirement. The remaining amendments strengthen the ordinance on classification of dogs as potentially dangerous by eliminating the requireinentthat dogs must attack another animal twice before the classification if the attack is severe. The definition of severe injury is also modified adding a violation provision for bites to another domestic animal. Amended Sections: 6.04.020 Equine Stables - Distance from Human Occupancies It is unlawful for any person, firm or corporation to stable, pasture or keep or cause to be stabled, pastured or kept, within one hundred feet of a building or structure used or intended for human occupancy, anyequme. 6.08.145 Methods of Restraint - Improper Restraint F. Tie-outs must be of sufficient length to allow the animal freedom of movement without becoming tangled, but never less than eight (8) 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!. hours a day. 6.08.220 Animal Bite No person shall fail to control or restrain an animal thereby allowing it to bite a person !!! domestic animal on public property or lawfully on private property. A bite is defined as a puncture wound that breaks the skin. 6.0.9.020 Definitions. A. "Potentially dangerous dog" means any of the following: (3) Anv dOl! which. when unorovoked. attacks and inflicts a severe iniury on another domestic animal when off the orooertv of the owner or keeoer of the dOl!, or any dog fJp~ :tr;L5 when unprovoked, on two separate occasions in a 36 month period, has bitten or injured a domestic animal off the property of the owner or keeper. C. "Severe injury" means any physical injury to a human being or domestic animal that results in muscle tears or lacerations or requires multiple sutures, or corrective surgery. Financial Impact: There is no direct financial impact as a result of these ordinance changes. Recommendation: It is recommended that the ordinance amendments be laid over for final adoption. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO 3 MUNICIPAL CODE RELATING TO ANIMALS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. San Bernardino Municipal Code Section 6.04.020 is amended to now read as 7 follows: 8 "6.04.020 Equine Stables - Distance from Human Occupancies 9 It is unlawful for any person, firm or corporation to stable, pasture or keep or 10 cause to be stabled, pastured or kept, within one hundred feet of a building or structure 11 used or intended for human occupancy, any equine." 12 SECTION 2. San Bernardino Municipal Code Section 6.08.145(F) is amended to now read 13 as follows: 14 "6.08.145 Methods of Restraint - Improper Restraint 15 F. Tie-outs must be of sufficient length to allow the animal freedom of movement 16 without becoming tangled, but never less than eight (8) feet in length, excluding the 17 length of the collar. Tie-outs must be made of a non-rigid material. Tie-outs shall not 18 be the primary means of restraint and no animal shall be kept in this manner for more 19 than 4 hours a day." 20 SECTION 3. San Bernardino Municipal Code Section 6.08.220 is amended to now read as 21 follows: 22 "6.08.220 Animal Bite 23 No person shall fail to control or restrain an animal thereby allowing it to bite 24 a person or domestic animal on public property or lawfully on private property. A bite 25 is defined as a puncture wound that breaks the skin." 26 III 27 III 28 III ~:2-5 P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al 1 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 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. SECTION 4. San Bernardino Municipal Code Section 6.09.020 is amended to now read as follows: "6.09.020 Definitions A. B. 27 28 (3) P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et a1 2 '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. (2) Any dog which, when unprovoked, bites a person causing a less severe (3) injury than as defined by Vicious Dog in Subsection B. Any dog which, when unprovoked, attacks and inflicts a severe injury on another domestic animal when off the property of the owner or keeper of the dog or any dog when unprovoked, on two separate occasions in a 36 month period, has bitten or injured a domestic animal (4) when offthe property of the owner or keeper. Any dog off the property of the owner or keeper of the dog, when unprovoked, has killed a domestic animal. 'Vicious dog' means any of the following: (1) Any dog seized under Penal Code Section 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code Section 597.5(a). (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Any dog previously determined to be, and currently listed as, a 1 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in 5 6 7 8 9 Section 6.09.020 or is maintained in violation of Section 6.09.080, 6.09.090, or 6.09.100. c. 'Severe injury' means any physical injury to a human being or domestic animal that results in muscle tears or lacerations or requires multiple sutures, 10 11 III 12 III 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 or corrective surgery." P:\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et a1 3 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2 6.04.020, 6.08.145, 6.08.220 AND 6.09.020 TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2008, by the following vote, to wit: 7 8 COUNCIL MEMBERS: 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 AYES NAYS ABSTAIN ABSENT City Clerk 18 19 20 21 22 23 Approved as to form: 24 JAMES F. PENMAN 25 City Attorney The foregoing Ordinance is hereby approved this _ day of ,2008. PATRICK J. MORRIS, Mayor City of San Bernardino 26 27 28 :\LUCZAK\ANIMAL CONTROL\Ordinance re Amending Sections 6.04.020 et al 4