HomeMy WebLinkAbout32-Animal Control
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-a-. _ AI _,.. ''''''', .. .... ........ With The 1Qnai. -01 ..........'; '..mnvi~ or taJdnR an' ';1.', \!~\;,;li,<<,;'; "~"~.\"~.-._...:-...' n:..;;,:.... .._..... f:.":',. ....; J _.f
y at.r..w~'IUlIlI, ...UI"....
services at 11 a.m.
i:ternal "pel:', '
aide servlce'2:30 p.m. at
, View Cemetery In San
no.: Rev. ,Don Wataon of
~ ChrlstiaD ~es. ,
."~':;,- "(~,:~I~'.({-.~'~- .> "
IW Deno..,!~,*,;, .., '
-,c' """'-~~:i:lijA(~~.".;
BEAR;' ,,-,,-'-,-Andrew
15, a longtlmuealdent of
City, died Sept. 13, 1988.
as atiakei. electrician at
AIr, Force Base and I 1"&
ilstant manager' of Safe,
"..(:->';J., .'....,i~ 'J<~~',l 7:"
II the honorary mayor of
r City. the prealdent of
IIld POp'5. and'a boIrd
of the Big Bear' HIgh
He' also wu a .volunteer
member'of,tbI!I'water
r four jean, aiiI member
:h'of,J'l!lI~,,~'of,La~
:aJn~...:~-:..;~ -;/~~J\~;t_>'. ~~'" ,'..
IvC!" lnclude'hta wife,
~e"DenOllll of BIg Bear
o IOns, Deibert Andrew
)f .Yucafpa and Alonzo E.
of Sparka. Nev.; two
rs, Janet Julia Holmea of
a and 'Connie Roene CIIf-
lOkane, Wuh.; two al5tera,
.er of Salt Lake City and
, Keeler of Ing1ewood; 20
blldren; and 15 great-
Udren., ; " '.'
ral serviceS wlI1 bil at 2
dnesday at L.D.s. Chapel,
y 18 and Paradise. Big
ty. Interment wlI1 be at
n. Utah. .. , ..' ,
'ibutlollll may gotoa fa-
barlty. Arrangementa by
)lonlalMo~.[','"
;".j}l~.i~"i :~,...-of, "1<", '1!1?ib~~;,~ . " '.
:"'j.',./,,;.,:'_I, ..... ..,;,........."j'
~':.:':-::~:.':;t/9.]~~.....'1.J. ":\.,;;t>' ..
~-';",'r:-....;. (;.i ~ i'J Nr;.\, of," "'~,..
.......-,;...11.'...'.,':..__"\".:.,,.7..,
s~v,orslnClUde ODeD, ,,~IU, "D~J.A5IIJnUUU"nuw"c~...., ,'. ~'..,~I:,I-, --..'~I~.'~'--"":J"",
ter. Shirley Ann Felgen ";:. Survlvora 1ncJ'""'\ her daugh-' ':,.:,:,,\,:,.:,'.~I~.7'OO~,. ',_, :,'
SanFranclsco;twoerand " ';ter. Aleah BlowiMnD of Rlv~ -,.
SUSIUl Feigenbaum of Nej,jXDt,k'slde; five grandchildren, Marc. ...., St...._OIutdl" .'
andJoaephFelgenbaum~~~ ~,Brent'andSh, erIe Blount; all; of '~==},i:~';
Franclso;oneal5ter,Eva~, . ,;Rlveralde,' Debbl~'Shu.ey and:,D,e " "'":,~i,f.'~"'"
Alhambra; nIecea andJlii~' ews. 'De SuWvan;both of ArIzona; four ' ",...'jOi,,..,,.
Recitation of the l\osaryJ . at "great-grandchildren; brother" ; =' ~=
7 p.m. tonight at 0ur'Lli " Ulaymond Dunlvent' of WIl1IamI,' -- .........-.--
RoaaryCathedraL' ~::,,?()re;;'and,Ili5ter;Fern MaurlCe:/)f:,.' , ' .
,_~.'. .. ",;. ";i;~IsaUa;:.m't;\'J.tt_~'bi;t.I"!~~'_';I;.:t~;I:~~'fl{ .'I-;';~ '.,_':',~J -. .,~JIilt.
.'..Funeral Mass wlI1,be,' "'~"!;,'Mem:orlaI~'Vt~iWintie ai 2~' ''l,y'" '.',. '.,."." , .11''4.
WedneadayatOurLadJ. ~'!':C' . esda . t'...-k B.Sha ", ;;,..ll4IGchlnlIoutto_,
sary Cathedral. IntermeD 'be: .m,Wedn yea:..... ,w,~ChiId_Whomay'" '(,
at Mountain View 'c.' ,:;':~. .orIalCha~jt~:t:*:~-"j'J111,'(jB'''E'T' H'LE' "H"E'M' HOUS'
tatl will be 1 to 5 ..,.,.,...,... '"'''''''''C''''APi':~:''''' " ',',', ",. , '
on '~.:::ObItuartee '_brThe ' '.,""4Of!od,_~-
Grove Colonial M " ': :SUn c1..11lIed ildvwlIllng ........ . (7141-7BI. __na a ,
} :, ,mont.lntormatlon ma, bo ob."..-___-1Ilo...."
.~ talMdbJ.__- I ,', " ' .
, \, 'h <t'.'''.l'' ..',oj \~,",:r-ltj() ~"" '( ~" '. ", ..' ,
,
:~I.' W"", .,,',.,,~,"''''., "'...~..,...:;.r
." '. ,''', "P BLtO' HE~RING ' :~ ~\
. ,...I't'~"'fi'Ci....it,~D c......P'.,,~ .i(J,..,
. ".~ !C)1~aR;;UernarDlDo,~~i1tf
". .,,'A' '1rJ''''~< r.C""'.'f'li." ""I~'O- d' 'l""lfM .' ~~
. .c' .",nlma. ~ ORlrO, r nance
, '--''l!~hIi'~ ',,', .."."'..... "...'.~._.........,~.""
':'N9fi9E.i~~EREB~GIVE~i1ata'7pubifChearfng .'
:before]he Mayor and Common'CoUncll will be~.~
. "heldMonday,S.ept~mber22,-J986.'at;~;OO. p,m,i:&
';'fo..'the.purpose.ofamendlngTltte:6 of the San~J .
: Beinllrdln~-Mu!lI~lpalpode re!atlng'to:~nll1'lals..: ")1
r. ' . '~"';'~..' .....,.,. .~.Jj;.,~::,.()Jti;~..'1.' ,K"~~~:\'I'~,~~, ,.,.'>!i~:;,' ...,,~-......,-:~>.. i\\l~ l. ...~.~ ' . , ", ", ....; ,'. ,n
:.S8Id'hearlngwlllbe conductedlnAhe Councll,1'
;Cha!."~%pf,,9,1~ ,,~,~I., 300 ; Northl:.p" ,.Street,t'
.J;!l~ ....~r,nar~lno. ;Ca;;;,where, all, Interested per,';,"
.,sons maY'.be present-:and 'be heard;, Wrltten'i'
comments may be submitted to the City Clerk,'"
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'. 1-oIJm';jft~1''''':: :SHAUNACLARK' ';':'"
t!, ,'.. '~~
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~ftlP' .n'" I", !" ~ :",,' H1'If"~,~r,;)jI!;jl'
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
6 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
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5 SECTION 1. Chapter 6.04 of the San Bernardino Municipal
6 Code is amended to read as follows: /
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7 ::'i'CHAPTER 6.04
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DEFINITIONS
6.04.010 Generally.
For the purposes of carrying out the intent of this title,
the words, phrases and terms set forth in this chapter shall be
deemed to have the meaning ascribed to them.
6.04.020 Animals.
A. 'Animals' unless otherwise stated, include fowl, fish,
reptiles, mammals and amphibians.
B. 'Animals for, the disabled' mean seeing-eye dogs,
hearing dogs for the deaf, or any animal especially trained to
assist a disabled person.
c.
'Bees' mean insects of the species Apis mellifera kept
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20 for honey production or other agr,1.cultural purposes.
21 " ';i.. D. ,; ,'~rous or vicious animals' mean any animal which,
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'. witheut caus'!'j<<1r
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bei....'or whlW;
provocation, attacks other animals or human
pursuant to an appropriate hearing, has
otherwise been determined to be such.
E.
'Exotic animals' mean non-domestic animals usually and
ordinarily found in the wild which are possessed or held as pets
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'Household pets' mean domestic animals, other than
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livestock, including but not limited to dogs, cats, canaries,
parakeets, par~ots and other kindred birds which are usually or
ordinarily kept as household pets.
G. 'Livestock' means equines, bovines, caprines, ovines,
porcines, and all other similar domestic animals which are
usually or ordinarily kept for agricultural purposes.
H. 'Fowl' means chickens, ducks, geese, turkeys, peacocks,
game birds and pigeons kept in captivity.
I. 'Native wildlife animals' mean non-domesticated native
animals that are usually found in the wild.
J. 'Protection dogs' means any dog provided commercially
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by a person or business entity and used to guard, protect, patrol
or defend any premises, area or yard, or any dog trained to
protect, defend or guard any person or property, with or without
the necessity of direct human supervision.
6.04.030 Animal establishments.
Animal establishments mean any animal shelter, apiary,
auction, aviary, circus, grooming shop, commercial kennel,
performing animal exhibition, pet shop, petting zoo, stable, or
zoological park.
A. 'Animal shelter' means a privately-owned facility
where animals are held.
B. 'Apiary' means any place where one or more colonies of
bees are maintained.
C. 'Auction' means any commercial facility where animals
are bought, sold, or traded, except for those commercial
facilities otherwise defined in this chapter.
D. 'Aviary' means any place where birds are confined.
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E. 'Circus' means any commercial variety show featuring
animal acts for public entertainment.
,F. 'Grooming shop' means any commercial establishment'
where animals are bathed, clipped, plucked, or otherwise groomed.
G. 'Commercial kennel' means any premises wherein any
person boards, breeds, buys, lets for hire, trains for a fee, or
sells dogs, eats, or other animals four months of age or older.
H. 'Performing animal exhibition' means any spectacle,
display, act, or event other than circuses, in which performing
animals are used.
r. 'Pet shop' means every place or premises where animals
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are kept and displayed for the purpose of either wholesale or
retail sale as pets. Pet shop does not include any place or
premises where animals are only occasionally sold as pets.
J. 'Petting zoo' means a facility the primary purpose of
which is to permit recreational or educational contact by the
general public with animals.
K. 'Stable' means a house, shed or building where any
horse, pony, mule, donkey, or burro is lodged and fed.
L. 'Zoological facility' means any facility, other than a
pet shop, petting zoo or kennel where animals are maintained
chiefly for purposes of scientific study and educational display
and exhibit1o.r.
6.04.040 Enclosed premises.
'Enclosed premises' means any lot or premises so enclosed as
to prevent any animal confined therein from escaping.
6.04.050 Owner.
'Owner' means any person, firm or corporation owning or havi g
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title to any animal, or a person who has, harbors, or keeps, or
who causes or permits to be harbored or kept, an animal
in his care or control, or who permits an animal to remain
on or about his premises for a period of seven consecutive
days~ '
SECTION 2. Chapter 6.08 of the San Bernardino Municipal
Code is amended to read as follows:
-:JcHAPTER 6.08
CARE AND CONTROL
6.08.010 General regulations.
Every person within the City of San Bernardino who is the
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owner of any animal or who owns, conducts, manages, or operates
any animal establishment for which a license or permit ~s
required by the San Bernardino Municipal Code, shall comply with
each of the conditions contained in this Chapter.
6.08.020 Care and control.
A. Each animal and each building or enclosure used or
maintained for an animal shall be maintained in a clean and
sanitary condition. The building shall be properly ventilated
and each animal room, crate, kennel, and run shall be of
suff1c'ient:slze to provide adequate accommodations for any animal
kept thereia.,"
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B.Wh.n"an animal is left unattended at a commercial
establishment, the telephone number to the Department of Animal
Control and the name, address and telephone number of the owner
and other responsible person shall be posted in a conspicuous
place and manner at the front of the property, so as to be easily
readable from the public sidewalk or street.
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C. Every animal establishment shall at all times isolate
sick animals sufficiently so as not to endanger the health of
other animals or the public.
D. No person shall use any tack, equipment, device,
substance or material that causes injury or undue suffering to
any animal.
E. Each working animal shall be given periodic and proper
rest periods. Any animal which is overheated, weakened,
exhausted, sick, injured, diseased, lame, or otherwise unfit
shall not be worked, used, or rented.
F. No owner shall caus., allow or permit any ani.al to
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constitute or cause a hazard or be a menace to the health, peace,
or safety of any person.-
G.
No owner or responsible person shall abandon or cause,
15 allow or permit the abandonment of any animal within the City.
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No person shall sell or give away any animal in any
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17 public place or on private property open to the public. Properly
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licensed auctions, commercial kennels, pet shops, stables,
aviaries and apiaries are excluded from this provision.
I. No person ahall transport any dog in or on the back or
<"beci~'Of"'_, opJ~truck or other open vehicle while traveling on
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any street. ,'Dds provision shall not apply to any person who
tran.ports a ~g in any open vehicle which is partially enclosed
by stakes, racks or other devices which rise at least two feet,
nine inches above the sides and back of the vehicle.
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J.
Any person having custody of a dog or a horse shall
27 immediately remove and properly dispose of feces deposited by
28 such dog or horse on any sidewalk, parkway, gutter, street, park,
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playground or other place, or on private property open to the
public.
K. Except as otherwise provided in this Title, each dog
and cat over four months of age shall be vaccinated for rabies.
L. No person shall own, harbor or keep on any premises or
place more than three dogs which are four or more months of age
unless and until a commercial permit can be and is obtained
pursuant to this chapter.
H. No person shall own, harbor or keep on any premises
which is zoned for residential use, any livestock or fowl without
a permit issued by the Director ot Animal Control pursuant to
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Chapter 6.12 of this Title.
6.08.030 Animals at large.
It is unlawful for any owner or person having custody or
control of any animal, to cause, permit, or allow such animal to
run at large upon any street or other public place, or upon any
private property or premises, except those of the owner or person
having custody or control of such animal; or upon any unenclosed
or partially unenclosed lot or place in the City unless such
animal is restrained by a substantial chain or leash no more than
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sfx feet in' length and is in the charge or control of a
responsible person who is capable of controlling such animal.
6.08.040 Dangerous dog.
No person or owner having possession of any dangerous
dog shall fail to keep such dog under effective control so as
to preclude an attack, without cause or provocation, upon any
human being or any other animal. The fact that the dog has
attacked a person or animal, including an animal of the same
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owner, and caused injury to the animal, shall be prima facie
evidence that the dog is a vicious and dangerous dog.
6.08.050 Impoundment of animals running at large.
Every animal with the exception of domestic cats found
running at large or not properly restrained shall be impounded
by authorized employees of the City for a period of seventy-two
hours. The reclaiming fee for each such impounded animal shall
be established by resolution.
If the owner of the animal does not claim the
animal and pay any sums due or owing during the seventy-two
hours, the animal shall be disposed of in accordance with
Sections 6.08.070 and 6.08.080 of the San Bernardino Municipal
Code.
6.08.060 Protection dogs - License required.
A. Each commercial establishment providing protection dog
services within the City shall be licensed through the State
Bureau of Collection and Investigative Services, in accordance
with Sections 7521 through 7580.1 of the California Business and
Professions Code, and shall register their name(s) and file a
copy of their state identification card with the Department of
Animal Control.
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B. Each protection dog operator shall register each
protection dog which it handles with the Department of Animal
Control.
C. Each protection dog operator shall notify the
Department of Animal Control, by mail, not more than fifteen days
and not less than two days before a protection dog is sent on
assignment, of the location and duration of such assignment.
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D. Each protection dog operator shall comply with the
regu}ations set forth at Sections 7526.5, 7538.10 through 7538.13
of the California Business and Professions Code.
6.08.070 Disposal of animals.
A. Dogs.
The Director of Animal Control, or his designee, may receive
and dispose of dogs delivered into his possession by the owner.
The fees shall be establi~hed by resolution. The animal control
officer may sell any dog voluntarily placed in his possession.
If two or more persons are interested in the purchase of a
particular dog, the animal control officer shall conduct ayublic
sale by sealed bids. The d~g' shaUbe sold to the highest
bidder, except if one bidder desires to provide a home for such
animal and another wants the animal for research, then in such
event, the animal shall be sold to an individual desiring to
provide a home for such animal rather than for research purposes.
B. Dogs and cats received outside the city.
The Director of Animal Control may receive and dispose of
dogs and cats delivered into his possession by their owners from
the territory of any municipality or county which contracts with
the City for animal control services. The Director shall cha~ge
such fees as a~e agreed upon in the contract with such
municipality or county.
6.08.080 Seizure of rabid animals.
The Director of Animal Control shall have the right to seize
any dog or animal within the City having or suspected of having
rabies and, in the event he determines that such dog or animal is
afflicted with rabies, the dog or animal shall be forthwith
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1 destroyed by said officer; provided, that if such dog or animal
2 is only suspected of having rabies, it may be confined by said
3 officer for such time as is necessary, and if said officer then
4 determines that the dog or animal does not have rabies, it shall
5 be returned to the owner upon payment by the owner of a fee that
6 shall be established by resolution."
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SECTION 3. Chapter 6.12 of the San Bernardino Municipal
8 Code is amended to read as follows:
9 "CHAPTER 6. 12
10 LICENSES AND PERMITS
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6.12.010 Dog license.
Any owner of a dog of the age of four months or more shall
obtain annually a license and tag for said dog within one month
of acquiring the dog or within one month of the dog reaching fou
months of age. Each owner or person possessing a dog shall
obtain a valid dog license within thirty days after moving into
or establishing residence in the City, or thirty days after
acquiring a new dog.
6.12.020 Fees.
The license fees for dogs shall be established by resolutio
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the Hayor'.ud Common Council.
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6.12.0*:Delinquent penalties.
In the event the appropriate license fee is not paid prior
to August first of each year or within thirty days after due and
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owing, a penalty established by resolution of the Mayor and
Common Council shall be added to each license fee and paid before
the license is issued.
28 6 . 12.040 Issuance.
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Each dog license shall state the name of the owner and
address of the premises where the dog is to be kept, the fee
paid, the date when issued, the date of expiration, a description
of the dog and the number of the tag which shall be issued to the
licensee. In the event the ownership of the dog is changed, the
license may be transferred for said dog by the new owner upon
application and payment of a transfer fee as established by
resolution of the Mayor and Common Council, provided; however,
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that no dog license required by this chapter shall be
transferable to another dog. No refunds shall be made on aGY dog
license fee because of the death of the dog for whom ~~. license
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was issued or the departure of the owner from the City before the
expiration of the license period.
6.12.050 Rabies vaccination prerequisite to issuance of a
license.
No dog may be licensed except on presentation of a
Certificate of Rabies Vaccination issued by a licensed
veterinarian evidencing that the period of time elapsing from the
date of vaccination to the date of expiration of the license does
not exceed the maximum duration of immunity accepted by the
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California Department of Health for that type of canine rabies
~.cc~~e_with which the dog was vaccinated.
6.12.060. ,'Tags.
A. Upon payment of the license fee and presentation of a
veterinarian's certificate of rabies vaccination, the Director of
Animal Control, or his designee, shall issue to the owner a
license certificate and one license tag for each dog so licensed
and vaccinated. Each owner shall provide each dog with a collar
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or harness to which the license tag shall be affixed and such
owner shall cause the collar or harness and tag to be constantly
worn on the dog.
B. If a dog tag is lost or destroyed, a duplicate shall be
issued by the Director of Animal Control, or his designee, upon
presentation of a receipt showing the payment of the license fee
for the current year and the payment of one dollar for each such
duplicate. Dog tags shal~ not be transferrable from one dog to
another.
6.12.070 Register of license.
The Director of Animal Control shall keep a register of all
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dog licenses issued under this chapter showing the ri... of the
licensee, the date of issuance, description of the dOl 'and the
number of the license issued.
6.12.080 Exemptions.
A. The owners or operators of licensed kennels and pet
shops shall not be required to license dogs for sale, provided
all dogs are kept on the subject premises solely for the purpose
of sale to the public or for operation of kennel.
B. Applicability of chapter.
'".f The pk'Oviaions of this chapter shall not apply to dogs owne
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by.or in the charge or care of non-residents of the City
traveling through the City or temporarily visiting therein for a
period not exceeding thirty days, nor to dogs temporarily brough
into the City for participation in any dog show or other event.
C. Licenses for animals for the disabled.
A license will be issued free of charge for any animal
especially trained to assist a disabled person.
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1 6.12.090 Nondomestic animals in captivity.
2 A. Permit required.
3 No person shall have, keep, maintain, breed, sell, trade or
4 let for hire any wild, exotic, dangerous, nondomestic animal,
5 including livestock, or bees without first applying to and
6 receiving a permit from the Director of Animal Control. The
7 keeping or maintenance of such animals shall conform to the
8 applicable provisions of ritle 19 of the San Bernardino Municipal
9 Code and any other applicable laws, rules or regulations of the
10 city, state or federal governments. The Department of Animal
11 Control shall' issue permits to any person for the keeping o}'
12 maintaining of any wild, exotIc, dangerous or nondomestic animal,
13 including livestock or bees when, in the opinion of the Director
14 of Animal Control, any such animal, including livestock or bees
15 or reptiles may be kept or maintained without menacing the safety
16 or welfare of any person or property; provided, however, that the
17 Director of Animal Control may require any such animal, including
18 livestock or bees, to be properly'caged or secured or impose
19 additional conditions regulating the keeping or maintaining of
20 any such animal or reptile, ahd may revoke any such permit for
21 any violation of any of the provisions of this Title or of any of
22 the condition&.or rules of the Department, or when, in the
23 opinion of the Director of Animal Control, the safety or welfare
24 of any person or property is menaced by the keeping of any such
25 animal or reptile. The Director of Animal Control is authorized
26 to issue permits for the keeping or maintaining, on a temporary
27 basis, of all types of wild animals or reptiles in connection
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1 ,located in a zone wherein such uses are permitted.
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B.
Existing animals.
3 Every person who is in possession of any animal, livestock
4 or bees on the effective date of this chapter must apply for a
5 permit within ninety days of said date.
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Permit fees.
7 The permit fees shall be established by resolution of the
8 Mayor and Common Council.
9 6.12.100 Commercial permits.
10 A. Permit required.
11 No person, partnership, or corporation shall operate a
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12 commercial animal establishment. animal shelter, or apiary
13 withou~ first obtaining a permit from the Director of Animal
14 Control.
15 B. Fees.
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1. Upon a showing by an applicant of compliance with
17 the regulations promulgated by the Director of Animal Control, a
permit shall be issued for one year or any portion thereof upon
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19 payment of a fee that shall be established by resolution of the
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Mayor and Common Council for the following:
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ANIMAL ESTABLISHMENTS
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Animal Shelter
Apiary
Auction
Aviary
Circus
Grooming Shop
Commercial Kennel
Performing Animal
Pet Shop
Petting Zoo
Stable
Zoological Park
EidiibiUon
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2. The Director of Animal Control shall charge an
additional delinquent fee of ten dollars for failure to renew a
commercial permit within the renewal or application period of
time.
C. Application period.
Each permit shall commence on the first of January of said
calendar year and shall expire at the end of December of said
year. Renewal applications for permits shall be made no earlier
than thirty days before, and no later than sixty days after the
commencement of the calendar year. An application for a permit
to establish a new commercial animal establishment under the
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provisions of this Title may be made at any time.
D. Change of Ownership.
If there is a change of ownership of a commercial animal
establishment, the new owner may have the current permit re-
established in his name upon payment of a permit fee that shall
be established by resolution of the Mayor and Common Council.
6.12.110 Permit and licence revocation.
A. Permit revocation.
The Director of Animal Control may, without a hearing,
revoke any permit or license if the person holding the permit or
license refuses or fails to comply with this Title, the
conditions or r~gulations promulgated by the Director of Animal
Control, or any law governing the protection and keeping of
animals.
B. Condition of issuance.
It shall be a condition of the issuance of any permit that
the Director of Animal Control shall be permitted to inspect all
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1 animals and the premises where animals are kept at any time and
2 shall, if such permission is refused, revoke the permit or
3 license of the refusing owner.
4 C.Withheld or falsified information.
5 If the applicant has withheld or falsified any information
6 on the application, the Director of Animal Control shall refuse
7 to issue a permit or license, and the Director may revoke any
8 such outstanding permit.
9 D. Conviction of cruelty to animals.
10 No person who has been convicted of cruelty to animals shall
11 be issued a permit or license to operate a commercial animal
12 establishment.
13 E. Permit denial.
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Any person having been denied a permit may not reapply for a
period of thirty days. Each reapplication shall be accompanied
by the permit fee established by resolution of the Mayor and
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6.12.120 Right to appeal to Animal Advisory Commission.
A. Right to appeal.
Any applicant aggrieved by the decision of the Director of
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t....nce. or ~nial of a per~it may appeal therefrom by filing a
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writteft"ir'oUee of appeal with the City Clerk directed to the
Animal Advisory Commission.
B. Notice of Appeal.
Any such notice of appeal shall be in writing and shall not
be valid and shall not be acted upon unless filed within fifteen
calendar days after the date of the action or decision which is
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1 being appealed.
2 C. Action by City Clerk.
3 Upon the timely filing of a notice of appeal in proper form,
4 the City Clerk shall schedule the matter promptly upon the Animal
5 Advisory Commission agenda for a hearing at a subsequent meeting
6 and notify the appellant and the Director of Animal Control.
7 D. Consideration by the Animal Advisory Commission.
8 At the time of consideration of the appeal by the Animal
9 Advisory Commission, the appellant shall present evidence limited
10 to the specific ground of appeal. The appellant shall have the
11 burden of establishing cause why the action appealed from should
12 be altered, reversed or modified. The Animal Control Department
13 shall have the opportunity to present evidence, answer arguments
14 made and rebut new evidence offered, if any. The Commission
15 shall review the evidence, findings and record relating to the
16 decision or action and may, in the discretion of the Commission,
17 receive new or additional evidence.
18 E. Notification of the Animal Advisory Commission's decisi n
19 Within ten calendar days after reaching a determination on
20 the appeal, the Animal Advisory Commission shall give written
21 . notice of ita -ocision to the appellant, the City Clerk, and any
22 other peraow specifically requesting such notice.
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6.12.130 Right of appeal to Hayor and Common Council.
The permittee or the Director of Animal Control may appeal
the Animal Advisory Commission's decision under Chapter 2.64 of
the San Bernardino Municipal Code to the Mayor and Common
Council by filing a timely written notice of appeal with the City
Clerk directed to the Mayor and Common Council."
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1 SECTION 4. Chapter 6.16 of the San Bernardino Municipal
2 Code is amended to read as follows:
3 "CHAPTER 6.16
4 ENFORCEMENT - PENALTY
5 6.16.010 General provisions.
6 A. The provisions of this Title shall be administered and
7 enforced by the Director of the Department of Animal Control.
S The Director of Animal Control and other authorized personnel
9 of the Department of Animal Control designated by the Director
10 are authorized and empowered to arrest and issue Notices to
11 Appear pursuant to this Chapter,'ordinanees and laws relating to
12 animals, including those 'enumerated in TitLe .19 of this Code.
13 B. The Director and' Animal Control Officers. of the Departme t
14 of Animal Control shall have the author~ty pursuant to Penal Code
15 Section 836.9 to investigate and enforce any and all of the state
16 statutes pertaining to the welfare of animals.
17 6.16.020 Interference.
18 It is unlawful for any person, to willfully resist, ge1ay,
19 obstruct, or interfere' with'any employee, of the Department of
20 Animal Control in the discharge or attempted discharge of any
21 duty of his employment.
22 6..16.030 Disposition of money and payment of expenses.
23 All money colleced by the Department of Animal Control for
24 licenses, tags, or other fees shall be, deposited into the City
25 Treasury for expenditure by the Animal Control Fund. ,All
26 expenses incurred in carrying out or enforcing the provisions of
27 this Title shall be paid from the Animal Control Fund.
28 6.16.040 Penalty for violation.
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A. Any person, firm or corporation violating or causing the
violation of any provision of this Title is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
B. Any person, firm or corporation, violating or causing
the violation of Section 6.12.100 of this Title is guilty of a
misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code
provided that the penalty shall not be less than two hundred
dollars.
I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
meeting thereof, held
, 1986, by the following
Bernardino at a
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day of
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Council Members
AYES:
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18 NAYS:
19 ABSENT:
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21 City Clerk
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day
The foregoing ordinance is hereby approved this
of
, 1986.
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Mayor of the City of San Bernardino
Approved as to form:
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C ty torney
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