HomeMy WebLinkAbout32-City Attorney
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BERN ARDIN 0 POST OFFICE BOX 131B. SAN BERNAROINO. CALIFORNIA 92402
September 30, 1986
SHAUNA CLARK
CITY CLERK
Dr. Harold Chandler, Chairman
Animal Advisory Commission
5424 No. Prado Court
San Bernardino, California 92407
Dear Dr. Chandler:
At the September 22, 1986 Council Meeting, a public
hearing was held regarding the status of the present
animal control ordinance.
The Mayor and Common Council continued the matter
concerning the amendment of Title 6 of the San Bernar-
dino Municipal Code relating to animals, in order for
the Animal Advisory commissiontb conduct a hearing and
Fepq~t back no later than the regular meeting of the
Mayor and'Common Couhcil to be h~~~_~?~~~er 17, 1~86:
The November 17 Council
the Council Chambers of City
San Bernardino, California.
9:00 a.m.
meeting will be held in
Hall, 300 North "D" Street,
The meeting will begin at
Sincerely,
SHAUNA CLARK
City Clerk
SC:pa
cc: City Attorney
Planning Director
Animal Control
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"''''~', PRIDE IN PRO,' GRESS
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300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418-0121
PHONE (7141 3B3.5002/3B3-5102
J,2.
"C1'l, OF SAN BERNARDI() - REQUl :T FOR COUNCIL AC', ~N
From:
Ralph,H. Prince
Subject: Animal Control Ordinance
Dept: City Attorney
Date: November 7, 1986
Synopsis of Previous Council action:
9/22/86 Animal Control Ordinance was continued to 11/17/86 in
order for the Animal Advisory Commission to conduct a
'hearing and report back.
Recommended motion:
waive further first reading of ordinance an,d layover for
final adoption.
"
. G~~/~/:l~HNP
,
Signature
Contact person: __"
Loren McQueen
Phone:
5235
N/A
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75.0262
Agenda Item No,
CIT(, OF SAN BERNARDI() - REQUr: .T FOR COUNCIL AC~ 'ON
STAFF REPORT
The Animal Advisory Commission, The Humane Society, and the City
Attorney's Office met and discussed th~ proposed animal control
ordinances. Sections 6.08.020(A) and (I) were amended and
Sections 6.08.020(N) and (0) were added.
75.0264
.
1 ORDINANCE NO.
2 ORDINANCE Of THF CITY OF ~AN BERNARDINO AME~r,NG T!TLF
6 OF THE SAN BERNARDINO MUNICIPAL CoDE RELATING Ie ANIMALS.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDA IN AS FOLLOWS:
5 SECTION 1. Title 6 of the San Bernardino Municipal
6 Code is amended to read as follows:
7 "CHAPTER 6.04
8 DEFINITIONS
9 6.04.010 Generally.
10 For the purposes of carrying out the intent of this title,
11 the words, phrases and terms set forth in this chapter shall"-be
12 deemed to have the meaning ascribed to them.
13 6.04.020 Animals.
14 A. 'Animals' unless otherwise stated, include fowl, fish,
15 reptiles, mammals and amphibians.
16
B.
'Animals for the disabled' mean seeing-eye dogs,
17 hearing dogs for the deaf, or any ~nima1 especially trained to
18 assist a disabled person.
19
C.
'Bees' mean insects of the species Apis mellifera kept
20 for honey production or other agricultural purposes.
21
D.
'Dangerous or vicious animals' mean any animal which,
22 without cause or provocation, attacks other animals or human
23 beings or which, pursuant to an appropriate hearing, has
24 otherwise been determined to be such.
25
E.
'Exotic animals' mean non-domestic animals usually and
26 ordinarily found in the wild which are possessed or held as pets
27 or for exhibition.
28
F.
'Household pets' mean domestic animals, other than
.
] livestock, including but not limited to dogs, cats, canaries,
2 parakeets, parrots and other kindred birds which are usually or
3 ordinarily kept as household pets.
4 G. 'Livestock' means equines, bovines, caprines, ovines,
5 ,porcines, and all other similar domestic animals which are
6 usually or ordinarily kept for agricultural purposes.
7 H. 'Fowl' means chickens, ducks, geese, turkeys, peacocks,
8 game birds and pigeons kept in captivity.
9 I. 'Native wildlife animals' mean non-domesticated native
10 animals that are usually found in the wild.
11 J. 'Protection dogs' means ahy dog provided commercially
]2 by a person or business entity and used to guard, protect, patrol
13 or defend any premises, area or yard, or any dog trained to
]4 protect, defend or guard any person or property, with or without
15 the necessity of direct human supervision.
16 6.04.030 Animal establishments.
17 Animal establishments mean any animal shelter, apiary,
18 auction, aviary, circus, grooming shpp, commercial kennel,
19 performing animal exhibition, pet shop, petting zoo, stable, or
20 zoological park.
21 A. 'Animal shelter' means a privately-owned facility
22 where animals are held.
23 B. 'Apiary' means any place where one or more colonies of
24 bees are maintained.
25 C. 'Auction' means any commercial facility where animals
26 are bought, sold, or traded, except for those commercial
27 facilities otherwise defined in this chapter.
28 D. 'Aviary' means any place where birds are confined.
2
1
E.
'Circus' means any commercial variety show featuring
2 animal acts for public entertainmenf.
3
F.
'Grooming shop' means any commercial establishment
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4 where animals are bathed, clipped, plucked, or otherwise groomed.
5
G.
'Commercial kennel' means any premises wherein any
6 person boards, breeds, buys, lets for hire, trains for a fee, or
7 sells dogs, cats, or other animals four months of age or older.
8
H.
'Performing animal exhibition' means any spectacle,
9 display, act, or event other than circuses, in which performing
10
11
animals are used.
T,
~,(! i~' <,;-\':...<.
t..,J: _;1 . . '<*-
where animal8
I. 'Pet shop' means every place or premises
12 are kept and displayed for the purpose of either whQles~leor
13 retail sale as pets. Pet shop does not include anYP\4Ce or
., ,
14 premises where animals are only occasionally sold as pets.
15
'Petting zoo' means a facility the primary purpose of
J.
I
16 which is to permit recreational or educational contact by the
17 general public with animals.
18
K.
'Stable' means a house, shed or building where any
19 horse, pony, mule, donkey, or burro is lodged and fed.
20
L.
'Zoological facility' means any facility, other than a
21 pet shop, petting zoo or kennel where animals are maintained
22 chiefly for purposes of scientific study and educational display
23 and exhibition.
24
6.04.040 Enclosed premises.
25 'Enclosed premises' means any lot or premises so enclosed as
26 to prevent any animal confined therein from escaping.
27
28
6.04.050 Owner.
'Owner' means any person, firm or corporation owning or havi g
3
.
1 title to any animal, or a person who has, harbors, or keeps, or
2 who causes or permits to be harbored or kept, an animal
3 in his care or control, or who permits an animal to remain
4 on or about his premises for a period of seven consecutive
5 days."
6 SECTION 2. Chapter 6.08 of the San Bernardino Municipal
7 Code is amended to read as follows:
8 "CHAPTER 6.08
9 CARE AND CONTROL
10 6.08.010 General regulations.
11 Every person within the City of San Bernardino who is the
12 owner of any animal or who owns, conducts, manages, or operates
13 any animal establishment for which a license or permit is
14 required by the San Bernardino Municipal Code, shall comply with
15 each of the conditions contained in this Chapter.
16 6.08.020 Care and control.
17 A. Every building or enclosure wherein animals are
18 maintained shall be constructed of material easily cleaned and
19 shall be kept in a sanitary condition. The building shall be
20 properly ventilated to prevent drafts and to remove odors.
21 Heating and cooling shall be provided if required, according to
22 the physical need of the animal.
23 B. When an animal is left unattended at a commercial
24 establishment, the telephone number to the Department of Animal
25 Control and the name, address and telephone number of the owner
26 and other responsible person shall be posted in a conspicuous
27 place and manner at the front of the property, so as to be easily
28 readable from the public sidewalk or street.
4
.
1
Every animal establishment shall at all times isolate
C.
2 sick animals sufficiently so as not to endanger the health of
3 other animals or the public.
4
No person shall use any tack, equipment, device,
D.
5 substance or material that causes injury or undue suffering to
6 any animal.
7
Each working animal shall be given periodic and proper
E.
8 rest periods. Any animal which is overheated, weakened,
9 exhausted, sick, injured, diseased, lame, or otherwise unfit
10 shall not be worked, used, or rented.
"
11
12
13
14
No owner shall cause, allow or permit any an'tmal to
F.
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.
16
H.
No person shall sell or give away any animal in any
17 public place or on private property open to the public. Properly
18 licensed auctions, commercial kennels, pet shops, stables,
19 aviaries and apiaries are excluded from this provision.
20
1.
No person, other than an individual actually working a
21 dog for ranching purposes, shall transport or carry, on any
22 public roadway, any dog in a motor vehicle unless the animal is
23 safely enclosed within the vehicle or protected by a cap or
24 container, cage or other device that will prevent the dog from
25 falling from, being thrown from, or jumping from, the motor
26 vehicle.
27
J.
Any person having custody of a dog or a horse shall
28 immediately remove and properly dispose of feces deposited by
5
1 such dog or horse on any sidewalk, parkway, gutter, street, park,
2 playground or other place, or on private property open to the
3 public.
4 K. Except as otherwise provided in this Title, each dog
5 and cat over four months of age shall be vaccinated for rabies.
6 L. No person shall own, harbor or keep on any premises or
7 place more than three dogs which are four or more months of age
8 unless and until a commercial permit can be and is obtained
9 pursuant to this chapter.
10 M. No person shall own, harbor or keep on any premises
11 which is zoned for residential use, any livestock or fowl without
12 a permit issued by the Director of Animal Control pursuant to
13 Chapter 6.12 of this Title.
14 N. No person shall leave a dog or any other animal in an
15 unattended vehicle without adequate ventilation or in such a
16 manner as to subject the animal to extreme temperatures which
17 adversely affect the animal's health or welfare.
18 O. No person shall place two or more animals together that
19 attack each other, causing injury, fear or torment to either
20 animal.
21 6.08.030 Animals at large.
22 It is unlawful for any owner or person having custody or
23 control of any animal, to cause, permit, or allow such animal to
24 run at large upon any street or other public place, or upon any
25 private property or premises, except those of the owner or person
26 having custody or control of such animal; or upon any unenclosed
27 or partially unenclosed lot or place in the City unless such
28 animal is restrained by a substantial chain or leash no more than
6
1 six feet in length and is in the charge or control of a
2 responsible person who is capable of controlling such animal.
3
6.08.040 Dangerous dog.
4 No person or owner having possession of any dangerous
5 dog shall fail to keep such dog under effective control so as
6 to preclude an attack, without cause or provocation, upon any
7 human being or any other animal. The fact that the dog has
8 attacked a person or animal, including an animal of the same
9 owner, and caused injury to the animal, shall be prima facie
10
11
6.08.050
Impoundment of animals running at 1ar&e.
:''''f~; .
. :.~:,~f'J~f
evidence that the dog is a vicious and dangerous dog.~
12 Every animal with the exception of domestic cats found
13 running at large or not properly restrained shall be impounded
14 by authorized employees of the City for a period of seventy-two
15 hours. The reclaiming fee for each such impounded animal shall
16 be established by resolution.
17 If the owner of the animal does not claim the
18 animal and pay any sums due or owing during the seventy-two
19 hours, the animal shall be disposed of in accordance with
20 Sections 6.08.070 and 6.08.080 of the San Bernardino Municipal
21 Code.
22 6.08,060 Protection dogs - License required.
23
A.
Each commercial establishment providing protection dog
24 services within the City shall be licensed through the State
25 Bureau of Collection and Investigative Services, in accordance
26 with Sections 7521 through 7580.1 of the California Business and
27 Professions Code, and shall register their name(s) and file a
28 copy of their state identification card with the Department of
7
1 Animal Control.
2
B.
Each protection dog operator shall register each
3 protection dog which it handles with the Department of Animal
4 Control.
5
6
7
8
9
10
11
12
13
14
15
Each protection dog operator shall notify the
C.
Department of Animal Control, by mail, not more than fifteen days
and not less than two days before a protection dog is sent on on
assignment, of the location and duration of such assignment.
Each protection dog operator shall comply with the
p' "~.. ."(
regulations set forth at Sections 7526.5, 7538.10 t~~~:~~5~3
~ . . . ~.
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D.
of the California Business and Professions Code.
6.08.070
Disposal of animals.
A.
Dogs.
-,,-
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The Director of Animal Control, or his designee, may receive
and dispose of dogs delivered into his possession by the owner.
16 The fees shall be established by resolution. The animal control
17 officer may sell any dog voluntarily placed in his possession.
18 If two br more persons are interested in the purchase of a
19 particular dog, the animal control officer shall conduct a public
20 sale by sealed bids. The dog shall be sold to the highest
21 bidder, except if one bidder desires to provide a home for such
22 animal and another wants the animal for research, then in such
23 event, the animal shall be sold to an individual desiring to
24 provide a home for such animal rather than for research purposes.
25
B.
Dogs and cats received outside the city.
26 The Director of Animal Control may receive and dispose of
27 dogs and cats delivered into his possession by their owners from
28 the territory of any municipality or county which contracts with
8
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1 the City for animal control servic~s. The Director shall charge
2 such fees as are agreed upon in the contract with such
3 municipality or county.
4 6.08.080 Seizure of rabid animals.
5 The Director of Animal Control shall have the right to seize
6 any dog or animal within the City having or suspected of having
7 rabies and, in the event he determines that such dog or animal is
8 afflicted with rabies, the dog or animal shall be forthwith
9 destroyed by said officer; provided, that if such dog or animal
10 is only suspected of having rabies, it may be confined by said
11 officer for such time as is necessary, and if said officer then
12 determines that the dog or animal does not have rabies, it shall
13 be returned to the owner upon payment by the owner of a fee that
14 shall be established by resolution."
15
SECTION 3. Chapter 6.12 of the San Bernardino Municipal
16 Code is amended to read as follows:
17 "CHAPTER 6.12
18 LICENSES AND PERMITS
19
6.12.010 Dog license.
20 Any owner of a dog of the age of four months or more shall
21 obtain annually a license and tag for said dog within one month
22 of acquiring the dog or within one month of the dog reaching four
23 months of age. Each owner or person possessing a dog shall
24 obtain a valid dog license within thirty days after moving into
25 or establishing residence in the City, or thirty days after
26 acquiring a new dog.
27
28
6.12.020 Fees.
The license fees for dogs shall be established by resolution
9
1 of the Mayor and Common Council.
2 6.12.030 Delinquent penalties.
3 In the event the appropriate license fe~ is not paid prior
4 to August first of each year or within thirty days after due and
5 owing, a penalty established by resolution of the Mayor and
6 Common Council shall be added to each license fee and paid before
7 the license is issued.
8 6.12.040 Issuance.
9 Each dog license shall state the name of the owner, and
10 address of the premises where the dog is to be kept, the fee
11 paid, the date when issued, the date of expiration, a description
',-
12 of the dog and the number of the tag which shall be issued to tbe
13 licensee. In the event the ownership of the dog is changep. the
14 license may be transferred for said dog by the new owner upon
15 application and payment of a transfer fee as established by
16 resolution of the Mayor and Common Council, provided; however,
17 that no dog license required by this chapter shall be
18 transferable to another dog. No refunds shall be made on any dog
19 license fee because of the death of the dog for whom the license
20 was issued or the departure of the owner from the City before the
21 expiration of the license period.
22 6.12.050 Rabies vaccination prerequisite to issuance of a
23 license.
24 No dog may be licensed except on presentation of a
25 Certificate of Rabies Vaccination issued by a licensed
26 veterinarian evidencing that the period of time elapsing from the
27 date of vaccination to the date of expiration of the license does
28 not exceed the maximum duration of immunity accepted by the
10
1 California Department of Health for that type of canine rabies
2 vaccine with which the dog was vaccinated.
3 6.12.060 Tags.
4 A. Upon payment of the license 'fee and presentation of a
5 veterinarian's certificate of rabies vaccination, the Director of
6 Animal Control, or his designee, shall issue to the owner a
7 license certificate and one license tag for each dog so licensed
8 and vaccinated. Each owner shall provide each dog with a collar
9 or harness to which the license tag shall be affixed and such
10 owner shall cause the collar or harness and tag to becoas~~~ly
,
11 worn on the dog.
. . ,"
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12 B. If a dog tag is lost or destroyed, a duplicate shall be
,""
13 issued by the Director of Animal Control, or his designee, upon
14 presentation of a receipt showing the payment of the license fee
15 for the current year and the payment of one dollar for each such
16 duplicate. Dog tags shall not be transferrable from one dog to
17 another.
18 6.12.070 Register of license.
19 The Director of Animal Control shall keep a register of all
20 dog licenses issued under this chapter showing the name of the
21 licensee, the date of issuance, description of the dog and the
22 number of the license issued.
23 6.12.080 Exemptions.
24
A.
The owners or operators of licensed kennels and pet
25 shops shall not be required to license dogs for sale, provided
26 all dogs are kept on the subject premises solely for the purpose
27 of sale to the public or for operation of kennel.
28
B.
Applicability of chapter.
1 1
1.
2
6.12.090 Nondomestic animals in captivity.
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
applicable provisions of Title 19 of the San Bernardino Municipal
8
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Code and any other applicable laws, rules or regulatiQns of the
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city, state or federal governments. The Department.-bl.::'j,nllJa1'
''':: ~':-~~;" :;'-': .. -. ~
Control shall issue permits to any person for the keePing or ~,
',"'f
maintaining of any wild, exotic, dangerous or nondomestic animal,
including livestock or bees when, in the opinion of the Director
of Animal Control, any such animal, including livestock or bees
or reptiles may be kept or maintained without menacing the safety
or welfare of any person or property; provided, however, that the
Director of Animal Control may require any such animal, including
livestock or bees, to be properly caged or secured or impose
additional conditions regulating the keeping or maintaining of
any such animal or reptile, and may revoke any such permit for
any violation of any of the provisions of this Title or of any of
the conditions or rules of the Department, or when, in the
opinion of the Director of Animal Control, the safety or welfare
of any person or property is menaced by the keeping of any such
animal or reptile. The Director of Animal Control is authorized
to issue permits for the keeping or maintaining, on a temporary
basis, of all types of wild animals or reptiles in connection
with a circus, amusement enterprise or animal exhibition when
12
I located in a ,zone wherein such uses are permitted.
2
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.
6
C.
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
12 commercial animal establishment,
13
14
15
16
without first obtaining a permit from the Director oi,A,!~,m...i
.
Control.
.,.....
B.
Fees.
1. Upon a showing by an applicant of compliance with
17 the regulations promulgated by the Director of Animal Control, a
18 permit shall be issued for one year or any portion thereof upon
19 payment of a fee that shall be established by resolution of the
20 Mayor and Common Council for the following:
21
22
23
24
25
26
27
28
ANIMAL ESTABLISHMENTS
(,
, : ~ ,
AnimalSh!!lter
Apiary
Auction
Aviary
Circus
Grooming Shop
Commercial Kennel
Performing Animal Exhibition
Pe t Shop
Petting Zeo
Stable
Zoological Park
13
1
2. The Director of Animal Control shall charge an
2.dditional delinquent fee of ten dollars for failure to renew a
3 commercial permit within the renewal or application period of
4 time.
5
C. Application period.
6 Each permit shall commence on the first of January of said
7 calendar year and shall expire at the end of December of said
8 year. Renewal applications for permits shall be made no earlier
9
10
11
12
13
14
15
16
17
18
19
than thirty days before, and no later than sixty days after the
. i,'\ ,', ....
commencement of the calendar year. An application fb~:~~~~tt
to establish a new commercial animal establishment 'uril~>~':
". '~~., ,-~; .
.. 1.: ~' ".'. ~ .
provisions of this Title may be made at any time. jf
D. Change of Ownership. . ,0
',' ~
,. .
If there is a change of ownership of a commercial animal
es tablishmen t, the new owner may have the current permit re-
established in his name upon payment of a pe rm i t fee that shall
be established by resolution of the Mayor and Common Council.
6.12.110
Permit and licence revocation.
A. Permit revocation.
20 The Director of Animal Control may, without a hearing,
21 revoke any permit or license if the person holding the permit or
22 license refuses or fails to comply with this Title, the
23 conditions or regulations promulgated by the Director of Animal
24 Control, or any law governing the protection and keeping of
25 animals.
26 B. Condition of issuance.
27 It shall be a condition of the issuance of any permit that
28 the Director of Animal Control shall be permitted to inspect all
14
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
10
11
D. Conviction of cruelty to animals.
No person who has been convicted of
cruelty to animals.-'SAaIl
~ , :....
a commerc ial'''an'im~Y:,~;
be issued a permit or license to operate
12 establishment.
13
14
E. Permit denial.
Any person having been denied a permit may not reapply for a
15 period of thirty days. Each reapplication shall be accompanied
16 by the permit fee established by resolution of the Mayor and
17 Common Counc i 1 .
18 6.12.120 Right to appeal to Animal Advisory Commission.
19
A.
Right to appeal.
20 Any applicant aggrieved by the decision of the Director of
21 Animal Control with reference to the issuance, conditional
22 issuance, or denial of a permit may appeal therefrom by filing a
23 written notice of appeal with the City Clerk directed to the
24 Animal Advisory Commission.
25
B.
Notice of Appeal.
26 Any such notice of appeal shall be in writing and shall not
27 be valid and shall not be acted upon unless filed within fifteen
28 calendar days after the date of the action or decision which is
15
being appealed.
C. Action by City Clerk.
Upon the timely filing of a notice of appeal in proper form,
the City Clerk shall schedule the matter l,promPtly upon the Animal
Advisory Commission agenda for a hearing at a subsequent meeting
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and notify the appellant and the Director of Animal Control.
D. Consideration by the Animal Advisory Commission.
At the time of consideration of the appeal by the Animal
Advisory Commission, the appellant shall present evidence limited
to the specific ground of appeal. The a~pellant sha'l'l ha'ic!. t"-
',- ~ . . ..
, t.... .'
burden of establishing cause why the action appealed.froms~ould
~":'..S: ~
be altered, reversed or modified. The Animal Control Depa~taent
. .
shall have the opportunity to present evidence, answer arguments
.'
made and rebut new evidence offered, if any. The Commission
shall review the evidence, findings and record relating to the
decision or action and may, in the discretion of the Commission,
receive new or additional evidenc..
E. Notification of the Animal Advisory Commission's decisi n
Within ten calendar days after reaching a determination on
the appeal, the Animal Advisory Commission shall give written
notice of its decision to the appellant, the City Clerk, and any
other person specifically requesting such notice.
6.12.130
,
Right of appeal to Mayor 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 d irec ted to the Mayor and Common Counc i1 ."
16
.
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
6.16.010 General provisions.
A. The provisions of this Title shall qeadministered and
7 enforced by the Director of the Department o~ Animal Control.
I
8 The Director of Animal Control and other aut~orized 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, ordinances 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 authority 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, delay,
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 Contrql 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.
17
1
A. Any person, firm or corporation violating or causing the
2 violation of , any provision of this Title is guilty of an
3 'infraction, which upon conviction thereof is punishable in
4 accordance with the provisions of Section 1.12.010 of this Code.
5
B. Any person, firm or corporation, violating or causing
6 the violation of Section 6.12.100 of this Title is guilty of a
7 misdemeanor, which upon conviction thereof is punishable in
8 accordance with the provisions of Section 1.12.010 of this Code
9 provided that the penalty shall not be less than two hundred
10
11
do llars.
,,6:~ .~".'t ~.
,
. :\ ,...
...... ....,-... l'li: ''::
Waif 'dUlf'~\",
... - ". '"
I HEREBY CERTIFY that the fOregoing ordinance
12 adopted by the Mayor and Common Counc i1 of the City of San , ' "
"
13 Bernardino at a
meeting thereof, held
14 on the
day of
, 1986, by the following
15 vote, to wit:
16
17
18 NA YS:
AYES:
Council Members
19 ABSENT:
20
21
22
23
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1986.
24
25
26
27
28
Mayor of the City of San Bernardino
Approved as to form:
~~~o
~~ ~-/
1 t~~rney
18
'. .,~,~"'M:;"C)~' '<"7",W~~~')~~'f~"",,.!~~,.
/-,;;
1 6.12.090 Wnd l>~.
'\:i:;~ ';'.;-
2
A.
Permit required;
3 No person shall hav!!, ~Up, III II in ,a, tp., tlr:e~(h.sel~" tr;ide 9r
4 let for hire any Wi14~ti\~i_..~..";t~.~,lll'{~~"f
:,. . - >: _;. '. .,:.' ,: ;'_', .. _,',' ': _>'_::'; -'.', '.. ':, ' .... )'~'.'__':::',:'i.>"f<-'.:.:~ ;._n,.':".:",:'.:", 'C' ..". " .. ".. ..,. '.<",,--,.--
5 and receiving a permit from the Directot' of Animal Control. The
6 keeping or maintenance of such animals shall conform to the
7 applicable provisions of Title 19 of the San Bernardino Municipal
8 Code and any other applicable laws, t'Qlesor regulations of the
9 city, state or federal governments. The Department of Animal
10 Control shall issue permits to any person for the keeping ot'
11 maintaining of any wild or exotic animal when, in the opinion of
12 the Director of Animal Control, any such animal may be kept or
13 maintained without menacing the safety or welfBre of any person
14 cr property; provided, however, that the Director of Animal
15 Control may require any.such animal to be properly caged or
16 secured or impose additional conditions regulating the keeping or
17 maintaining of any such animal or reptile,. and may revoke any
18 such permit
19 Ti tie or of
for any viol.~!~8~...~~1,1",~.~f
'::, 'r.';,< _~ ,:~,::-x:.',: ':, '_~:':<'f~~lf:r~~~~,i;t~:-:~~f;",?,
any of the conditions Or rules oftn
'.,9f th is
.~~;.;: .'
.tt:m'ent, or
20 when, in the opinion of the Director of !nimal Control, the
21 safety or welfare of "nYPU'SQn or 't!)~.r~y {ll.~!l\'~l~bY tM
22 'keeping of any such animal or reptih. The Dit'tctot' of Animal
,
23 Control is authorized to issue permits for the keepinS or
24 maintaining, on a temporary basis, of all types of wild animals
25 or reptiles in connection with a cit'cus, amusement entet'prise or
26 animal exhibition when located in a zone wherein such uses are
27 permitted.
28
B.
Existing animals.
12
OPTIONAL PAGES 12-l8
(includes wild or
exotic animal licensing)
1 Every person who is in possession of any wild or exotic
2 animal on the effective Gate of this chapter must apply for a
3 permit within ninety days of said date.
4
c.
Permit fees.
5 The permit fees shall be established by resolution cf the
6 Mayor and Common Council.
7 6.12.100 Commercial permits.
8 A. Permit required.
9 No person, partnership, or corporation shall operate a
10 commercial animal establishment, animal shelter, or apiary
11 without first obtaining a permit from the Director of Animal
12 Control.
13 B. Fees.
14
1. Upon a showing by an applicant of compliance with
15 the regulations promulgated by the Director of Animal Control, a
16 permit shall be issued for one year or any portion thereof upon
17 payment of a fee that shall be established by resolution of the
18 Mayor and Common Council for the following:
19 ANIMAL ESTABLISHME~TS
20
21
22-
23
24
25
26
27
.,
Animal Shelter
Apiary
Auction
Aviary
Circus
Grooming Shop
Commercial Kennel:
Performing Animal Exhibition
Pet Shop
Petting (Zoo
Stable
Zoological Park
'."
..~-: "C."_' .".1.'"
.
. :ti "\
2. The Director of Animal Control shall charge an
28 additional delinquent fee cf ten dollars for failure to renew a
13
OPTIONAL PAGES l2-18
(includes,wild or exotic
animal licensing)
1 commercial permit within the renewal or application period of
2 time.
3 C. Application period.
4 Each permit shall commence on the first of January of said
5 calendar year and shall expire at the end of December of said
6 year. Renewal applications for permits shall be made no earlier
7 than thirty days before, and no later than sixty days after the
8 commencement of the calendar year. An application for a permit
9 to establish a new commercial animal establishment under the
lO provisions of this Title may be made at any time.
11
12
13
14
15
16
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 resclution of the Mayor and Common Council.
6.12.110
Permit and licence revccation.
17 A. Permit revocation.
18
,
The Cirector of Animal Control may, without a hearing,
19 revoke any permit or license if the person holding the pErmit or
, i
20 license refuses or fails to comply with this ,Title, the
21 conditions or regulations promulgated by the Director of Animal
22 Control, or any law governing the protection and keeping of
23 animals.
24 B. Condition of issuance.
25 It shall be a condition of the issuance of any permit that
26 the Director of Animal Control shall be permitted to inspect all
27 animals and the premises where animals are kept at any time and
28 shall, if such permission is refused, revokE the permit or
OPTIONAL PAGES l2-l8
14, (includes wild or exotic
animal licensing)
1 license of the refusing owner.
2 C. Withheld or falsified information.
3 If the applicant has withheld or falsified any information
4 on the application, the Director of Animal Contt'ol shall refuse
5 to issue a permit or license, and the Director may revoke any
6 such outstanding permit.
7 D. Conviction of cruelty to animals.
8 No person who has been convicted of cruelty to animals shall
9 be issued a permit or license to operate a commercial animal
10 establishment.
11 E. Permit denial.
12 Any person having been denied a permit may not reapply for a
13 period of thirty days. Each reapplication shall be accompanied
14 by the permit fee established by resolution of the Mayor and
15 Common Council.
16 6.12.120 Right to appeal to Animal Advisory Commission.
17
A.
Right to appeal.
18 Any applicant aggrieved by the decision of the Director of
19 Animal Control with reference to the issuance, conditional
20 issuance, or denial of a permit may appeal therefrom by filing a
21 written notice of appeal with the City Clerk directed to the
22 'Animal Advisory Commission.
23
B.
Notice of Appeal.
24 Any such notice of appeal shall be in writing and shall not
25 be valid and shall not be acted upon unless filed within fifteen
26 calendar days after the date of th, action or decision which is
27 being appealed.
28
C.
Action by City Clerk.
OPTIONAL PAGES 12~l8
15 (includes wild or exotic
animal licensing)
1 Upon the timely filing of a notice of appeal in proper form,
2 the City Clerk shall schedule the matter promptly upon the Animal
3 Advisory Commission agenda for a hearing at a subsequent meeting
4 and notify the appellant and the Director of Animal Control.
5
D.
Consideration by the Animal Advisory Commission.
6 At the time of consideration of the appeal by the Animal
7 Advisory Commission, the appellant shall present evidence limited
8 to the specific ground of appeal. The appellant shall have the
9 burden of establishing cause why the action appealed from should
10 be altered, reversed or modified. The Animal Control Department
11 shall have the opportunity to present evidence, answer arguments
12 made and rebut new evidence offered, if any. The Commission
13 shall review the evidence, findings and record relating to the
14 decision or action and may, in the discretion of the Commission,
15 receive new or additional evidence.
16
E.
Notification of the Animal Advisory Commission's decisio
17 Within ten calendar days after reaching a determination on
18 the appeal, the Animal Advisory Commission shall give written
19 notice of its decision to the appellant, the City Clerk, and any
20 other person specifically requesting such notice.
21 6.12.130 Right of appeal to Mayor and Common Council.
22'. The permittee or the Director of Animal Control may appeal
23 the Animal Advisory Commission's decision under Chapter 2.64 of
24 the San Bernardino Municipal Code to the Mayor and Common
25 Council by filing a timely written notice of appeal with the City
26 Clerk directed to the Mayor and Common CounciL"
27 SECTION 4. Chapter 6.16 of the San Bernardino Municipal
28 Code is amended to read as follows:
OPTIONAL PAGES l2-l8
16 (includes wild or exotic
animal licensing)
1
2
"CHAPTER 6.16
ENFORCEMENT - PENALTY
3 6.16.010 General provisions.
4 'A. The provisions of this Title shall be administered and
5 enforced by the Director of the Department of Animal Control.
6 The Director of Animal Control and other authorized personnel
7 of the Department of Animal Control designated by the Director
8 are authorized and empowered to arrest and issue Notices to
9 Appear pursuant to this Chapter, ordinances and laws relating to
10 animals, including those enumerated in Title 19 of this Code.
11 B. The Director and Animal Control Officers of the Departmen
12 of Animal Control shall have the authority pursuant to Penal Code
13 Section 836.9 to investigate and enforce any and all of the state
14 statutes pertaining to the welfare of animals.
15 6.16.020 Interference.
16 It is unlawful for any person to willfully resist, delay,
17 obstruct, or interfere with any employee of the Department of
18 Animal Control in the discharge or attempted discharge of any
19 duty of his employment.
20 6.16.030 Disposition of money and payment of expenses.
21
22 'iicenses, tags, or other fees shall be deposited into the City
All money ~olleced by the Department of Animal Control for
.
23 Treasury for expenditure by the Animal Control Fund. All
24 expenses incurred in carrying out or enforcing the provisions of
25 this Title shall be paid from the Animal Control Fund.
26 6.16.040 Penalty for violation.
27 A. Any person, firm or corporation violating or causing the
28 violation of any provision of this Title is guilty of an
OPTIONAL PAGES l2-l8
17 (includes wild or exotic
animal licensing)
,
1 infraction, which upon conviction thereof is punishable in
2 accordance with the provisions of Section 1.12.010 of this Code.
3 B. Any person, firm or corporation, violating or causing
4 the violation of Section 6.12.100 of this Title is guilty of a
5 misdemeanor, which upon conviction thereof is punishable in
6 accordance with the provisions of Section 1.12.010 of this Code
7 provided that the penalty shall not be less than two hundred
8 dollars.
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
11 Bernardino at a
12 on the day of
13 vote, to wit:
meeting thel;.eaf'. held
'(~.:. .
, 1986, by the~following
.~ 1
, >.
",
'.
14
15
16 NAYS:
AYES:
Council Members
17 ABSENT:
18
19
20
21
Df
22
23
24
City Clerk
~~.f~~~~.~ ordinance is he~eby approved this
, 1986.
day
'.
,.~' . -..,1'
.." 7'" ."~~,,!_~
Mayor of the City of San Bernardino
Approved as to form:
25
26 City Attorney
27
28
18
OPTIONAL PAGES 12-18
(includes wild or exotic