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ORDINANCE NO. 750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ANIMAL
REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY
REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE.
A. RECITALS.
(i) Government Code 9 50022, et seq., authorizes the City to adopt codes by
reference.
(ii) It is the intent of the City Council in enacting this Ordinance to adopt, by
reference, certain animal regulations of the County of San Bernardino.
(iii) The City Council has heretofore conducted a public hearing to consider
adoption of the provisions of the San Bernardino Code specified herein.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council hereby ordains as follows:
SECTION 1: The facts set forth in the Recitals, Part A, of this Ordinance are
true and correct.
SECTION 2: Chapter 6.04 of Title 6 of the Rancho Cucarnonga Municipal Code
is hereby repealed provided, however, that such repeal shall not
affect or excuse any violation of said Chapter occurring prior to the
effective date of this Ordinance.
SECTION 3: A new Chapter 6.02 is hereby added to Title 6 of the
Rancho Cucamonga Municipal Code to read as follows:
"Chapter 6.02
ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS.
Section
6.02.010
6.02.020
County regulations adopted.
Establishment of fees.
Ordinance No. 750
Page 2 of 31
6.02.010 County regulations adopted.
A. The following parts of the codified ordinances of the County of
San Bernardino, as the same exist on November 1, 2005, are hereby
adopted by reference in the same manner as if fully set forth herein:
1. Chapter 1 of Division 2 of Title 3 (Health and Sanitation and Animal
Regulations), as the same exists on October 1, 2005, but excluding
Section 32.0120 (Penalties).
2. Chapter 2 of Division 2 of Title 3 (Health and Sanitation and Animal
Regulations), as the same exists on October 1, 2005, but excluding
Section 32.0224 (Penalty Provisions).
3. Chapter 14 of Division 2 of Title 3 (Health and Sanitation and Animal
Regulations), as the same exists on October 1, 2005, but excluding
Section 32.1409 (Criminal Penalties/Injunction).
It is the intent of the City Council in adopting the foregoing County Code
provisions that the same shall be enforced within the corporate limits of
the City of Rancho Cucamonga to the same extent and with the same
authority as would otherwise be applicable to the unincorporated areas of
the County of San Bernardino. In accordance with the foregoing, all
references to the unincorporated area(s) of the County in the County
Code provisions being adopted by reference herein, shall mean and
include the incorporated areas of the City, to the extent the context
requires or permits.
A certified copy of each of the foregoing provisions of the San Bernardino
County Code is on file in the office of the City Clerk.
B. Penalties.
1. Any person, firm, partnership, corporation or other entity violating any
provision of Chapter 1 of Division 2 of Title 3 of the San Bernardino
County Code shall be guilty of an infraction or misdemeanor as
hereinafter specified. Each day or portion thereof such violation is in
existence shall be a new and separate offense. Any violator so
convicted shall be:
(a) Guilty of an infraction and punished by a fine not exceeding one
hundred dollars ($100.00) and not less than fifty dollars ($50.00)
for a first offense.
(b) Guilty of an infraction and punished by a fine not exceeding two
hundred dollars ($200.00) and not less than one hundred dollars
($100.00) for a second offense.
Ordinance No. 750
Page 3 of 31
(c) Guilty of a misdemeanor for the third and any additional offense,
and shall be punishable by fines not exceeding one thousand
dollars ($1,OOO.00) or six (6) months in jail, or both.
(d) Notwithstanding the above, a first or second offense may be
charged and prosecuted as a misdemeanor.
Payment of any fine or service of a jail sentence shall not relieve any
violator from the responsibility of correcting the condition resulting
from the violation. In addition to the foregoing penalties, the court
may order that the guilty party reimburse the City and/or County for all
of its costs of investigating, analyzing, inspecting, abating and
prosecuting the enforcement action against the guilty party. The court
shall fix the amount of any such reimbursement upon submission of
proof of such costs by the City and/or County. The owner, manager,
and operator of every activity or facility subject to this chapter shall be
responsible for any violation of this chapter by an employee or agent
thereof.
2. Any person, firm, partnership or corporation or other entity violating
any of the provisions of Chapter 2 of Division 2 of Title 3 of the
San Bernardino County Code shall be guilty of an infraction and upon
being found guilty thereof shall be punished as set forth in Section
1.12.030 of the Rancho Cucamonga Municipal Code, pertaining to the
penalty for infractions.
3. The penalties for violation of Chapter 14 of Division 2 of Title 3 of the
San Bernardino County Code shall be the same as provided for in
Section 6.02.010 B.1, above.
6.02.020 Establishment of fees.
Fees for dog licenses and other services provided for in this chapter
including, but not limited to, fees for food and care, vaccination, impound
fees, placement fees, spay and neutering fees, and veterinary care and
release fees, shall be as established by resolution of the City Council."
SECTION 4: Civil remedies. The violation of any of the provisions of this
Ordinance or the County Code provisions hereby adopted shall
constitute a nuisance and may be abated by the City and/or
County of San Bernardino acting on behalf of 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.
Ordinance No. 750
Page 4 of 31
SECTION 5: Severabilitv. The City Council declares that, should any
provision, section, paragraph, sentence or word of this Ordinance
or County Code provisions hereby adopted be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words
of this Ordinance and County Code provisions hereby adopted
shall remain in full force and effect.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 750
Page 5 of 31
PASSED, APPROVED, AND ADOPTED this 16th day of November 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 19th day of October 2005, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16th day November 2005.
Executed this 17th day of November 2005, at Rancho Cucamonga, California.
.~
Ordinance No. 750
Page 6 of 31
ANIMAL CONTROL
DIVISION 2. ANIMALS
Chapters:
1. Animal Control.
2. Rabies (Biting and Bitten Animals: Vaccination and Licensing).
3. Dog Kennels.
4. Hogs ---Garbage-Feeding Hog Ranches.
5. Livestock.
6. Cattle Tuberculosis Suppression.
7. Transportation and Movement of Livestock Over Public and Private Lands.
8. Repealed by Ordinance 3105.
9. Apiaries.
10. Commercial Calf Growers.
11. Repealed by Ordinance 3105.
12. Calleries.
13. Animal Food and Food Scraps.
Chapter 1
ANIMAL CONTROL
Section:
32.0101 Definitions.
32.0102 Impoundment of Animals - Persons Charged with Enforcement.
32.0103 Disposition of Impounded Animals.
32.0104 Record of Impounded Animals
32.0105 Disposition of Dead Animals.
32.0106 Deleted by Ordinance 2100.
32.0107 Abandoned Animals.
32.0106 Control of Animals.
32.0109 Female Dogs and Puppies.
32.0110 Wild. Exotic or Nondomestic Animals in Captivity.
32.0111 Licensing of Animal Establishments Other Than Dog Kennels and
Calleries.
32.0112 Application for a License to Operate.
32.0113 General Regulations Relating to Animals.
32.0114 Expiration of License.
32.0115 Renewal of License.
32.0116 Inspection.
32.0117 Revocation of License.
32.0118 License not Transferable.
32.0119 Animals Which Habitually Make Noise.
32.0120 Penalties.
32.0121 injunction.
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Ordinance No. 750
Page 7 of 31
ANIMAL CONTROL
32.0101 Definitions.
(a) The term "animal" as used herein shall mean any mammal, poultry, fowl, reptile,
fish, or any other living creature.
(b) The tenm "abandoned animal" as used herein shall mean any animal left
unattended for a minimum of twenty-four (24) hours without receiving proper care
and/or treatment by its owner or caretaker.
(c) The term "animal control officer" as used herein shall mean any person
duly appointed by the Health Officer and authorized to act on his/her behalf in the
enforcement of the Animal Care and Control Program.
(d) The term "animal menagerie" as used herein shall mean any place where wild
animals are kept or maintained for private or commercial purposes, including places
where wild animals are boarded, trained, or kept for hire.
(e) The term "potentially dangerous animal" as used herein shall mean any of the
following:
(1) Any animal which, unprovoked, on two separate occasions within any thirty-
six month period, engages in any behavior that requires defensive action by any person
to prevent bodily injury, but only if the person and the animal are off the property of the
owner or keeper of the animal when the animal behavior occurs.
(2) Any animal, which, unprovoked, bites a person causing a less than severe
injury, as defined in subsection (y) of this section.
(3) Any animal, which, unprovoked, kills, seriously bites or otherwise inflicts or
causes injury to a domestic animal, but only if such occurs off the property of the owner
or keeper of the attacking animal.
(f) The term "animal shelter" as used herein shall mean all places where impounded
animals are to be confined, whether by the County or by a private person or persons
under contract or agreement with the County.
(g) The term "vicious animal" as used herein shall mean any of the following~
(1) Any animal seized'under section 599aa (fighting animals) of the California
Penal Code and fighting dogs as provided in subdivision (a) of section 597.5 of the
California Penal Code when there has been a conviction of the owner or keeper of the
subject dogs under that subdivision of the Penal Code.
(2) Any animal which, unprovoked, inflicts severe injury on a human being, as
such injury is defined in subsection (y) of this section, or kills a human being.
(3) Any animal previousiy determined and currently listed as a potentially
dangerous animal, which, after its owner or keeper has been notified of this
determination, continues the behavior described in subsection 32.0101(e) or is
maintained in violation of section 32.1405 of this Code.
(h) The tenm "wild animal" as used herein shall mean any wild, exotic, dangerous or
venomous animal, including but not limited to mammals, fowl, fish, or reptile.
(i) The tenm "cat" as used herein shall mean all domesticated felines.
U) The term "chief officer" as used herein shall mean the San Bernardino County
Public Health Program Manager assigned to the Animal Care and Control program or
any other person so designated.
(k) The term "dog" as used herein shall mean any dog of any age, female or male.
(I) The term "altered dog" as used herein shall mean any dog which has been
certified In writing by a veterinarian as being nonreproductive.
(m)The term "guard dog" as used herein shall mean any dog used for the purpose of
guard duty.
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Ordinance No. 750
Page 8 of 31
ANIMAL CONTROL
(n) The term "unlicensed dog" as used herein shall mean any dog for which a current
license has not been paid, or to which the current tag provided for in this Code is not
attached.
(0) The term "enclosure" as used herein shall mean a pen or structure suitable to
confine an animal determined potentially dangerous or vicious. The enclosure shall be
designed to prevent the animal from escaping and to prevent the entry of young children
and other persons.
(p) The term "health officer" as used herein shall mean the San Bernardino County
Health Officer or any other person duly authorized to act on his/her behalf.
(q) The term "impoundment" as used herein shall mean the picking up of an animal
by a duly authorized person and bringing it into an animal shelter for confinement,
custody, and disposition.
(r) The term "leash" as used herein shall mean any rope, leather strap, chain or
other material not exceeding six feet in length being held in the hand of a person
capable of controlling the animal to which it is attached.
(s) The term "license tag" as used herein shall mean a piece of metal or other
durable material inscribed with a date and number which has been issued by the
County or a municipal dog licensing agency.
(t) The term "livestock" as used herein shall mean all domesticated bovine, equine,
caprine, ovine and porcine species.
(u) The terms "owner or keeper' as used herein shall mean any person who owns or
maintains an animal, or who harbors or keeps an animal for fifteen (15) or more
consecutive days, except a veterinarian or an operator of a grooming shop, a kennel or
a pet shop engaged in the regular practice of this business.
(v) The term "perimeter fence" as used herein shall mean a fence which shall guard
and contain the enclosure and shall be totally separate from such enclosure and shall
be a minimum of six (6) feet in height and shall be at least six (6) feet from the
enclosure on all sides to prevent contact between'the animal and the public.
(w) The term "person" as used herein shall mean any person, firm, partnership,
corporation, trust, or any association of persons.
(x) The term "registration" as used herein shall mean that any animal which has
been declared Potentially Dangerous or Vicious shall be registered as such with the
Animal Care and Control Program.
(y) The term "severe injury" as used herein shall mean any physical injury to a
human being, which results in muscle tears or disfiguring lacerations or which requires
multiple sutures or corrective or cosmetic surgery.
(z) The term "shelterkeeper" as used herein shall mean the San Bernardino County
Public Health Animal Shelter Supervisor assigned to the Animal Care and Control
program or any other person so designated by the Health Officer.
(aa)The term "stray" as used herein shall mean any animal with no identification
or with no known owner or keeper.
Adopted Ordinance 962 (1961); Amended Ordinance 1455 (1968); Amended
Ordinance 1603 (1 970); Amended Ordinance 1764 (1972); Amended Ordinance
3804 (2000); Amended Ordinance 3908 (2004);
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Ordinance No. 750
Page 9 of 31
ANIMAL CONTROL
32.0102 Impoundment of Animals - Persons Charged with Enforcement.
(a) The Sheriff and his deputies, Animal Control Officers, every Shelterkeeper and
any person employed or designated for that purpose by the Board of Supervisors are
hereby authorized and empowered to:
(1) Capture, receive, take up and impound:
(A) Any dog or other animal found running at large in violation of this Code or
of any law of the State of California.
(B) Any dog or other animal which is harassing any person.
(C) Any dog, which is harassing an animal upon the premises of any person's
property or public place, including the owner's or keeper's property.
(D) Any animal, including wild animals, being kept or maintained within a
person's property in violation of this Code or of any law of the State of California.
(E) Stray or abandoned animals.
(F) Dogs, which are not licensed or not vaccinated, in violation of this Code.
(G)Any animals delivered for disposition, by its owner, when the owner has
paid the required fee and signed forms releasing all title and interest in the animal.
(H)Any animal which cannot be cared for by its owner or custodian because
of the owner or custodian's imprisonment, illness, bankruptcy, litigation, or other
contingency, or because the owner or custodian cannol be found.
(2) Regularly and adequately provide food, water and otherwise care for all
animals impounded under the provisions of this Code.
(3) Take up and impound any sick or injured animal whose owner is unknown or
unidentified; to humanely destroy any such injured animal, when, in the opinion of the
officer, registered veterinary technician or a licensed veterinarian, such destruction is
necessary and humane; and make proper disposition of such destroyed animal. Should
the owner of an injured or destroyed animal be identified, the owner shall be
immediately notified of its injury or destruction.
(4) Perform any other acts necessary to carry.out the provisions of this Code and
of the laws of the State of California relating to animals.
(b) The officer having custody of any impounded animal may, by humane methods,
summarily destroy the animal if:
(1) the animal is suffering from any incurable or contagious disease as certified to
by a licensed veterinarian or registered veterinary technician and the destruction has
been approved by the Chief Officer, or designee, of the Animal Care and Control
Program;
(2) the animal is in the field and it is too severely ill or injured to move or where a
veterinarian is not available and it would be more humane to dispose of the animal and
the destruction is approved by the Chief Officer, or designee, of the Animal Care and
Control Program;
(3) the animal is in the act of killing, wounding or persistently pursuing a human
being.
(c) Except as provided in Food and Agriculture Code sections 3175 or 31108 for
owner redemption, any officer having in his/her custody any unlicensed, impounded
animal not suffering from any infectious or communicable disease may release the
animal to any adult person who will pay the pound fees and charges as specified in the
San Bernardino County Code Schedule of Fees. If a resident of an unincorporated
area, the person shall also pay rabies vaccination and license fees for a dog.
(d) All the provisions of this Code pertaining to impounded, unlicensed dogs, except
the licensing provisions thereof, shall apply to impounded cats.
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Ordinance No. 750
Page 10 of 31
ANIMAL CONTROL
(e) The Shelterkeeper or any duly authorized person shall have the right to receive
and dispose of animals delivered into his/her possession by their owners and shall
charge a fee for each animal delivered into custody pursuant to San Bernardino County
Code Scheduie of Fees.
(f) Any impounded animal that has not been redeemed or adopted may be disposed
of by euthanasia in accordance with State and County laws.
Adopted Ordinance #962 (1961); Amended Ordinance #1455 (1968); Amended
Ordinance #1603 (1970); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0103 Disposition of Impounded Animals.
(a) An impounded animal may be redeemed by payment of a specified shelter
fee in addition to the daily charges and other charges, if any, for each day the animal
has been impounded, pursuant to the San Bernardino County Code Schedule of Fees.
(b) Any dog over the age of four (4) months that has been impounded shall not be
released from the pound, or from any shelter that is under contract with the County of
San Bernardino, unless it shall first be licensed in accordance with the provisions of this
Code.
(c) Any officer acting under the provisions of this Code and impounding a licensed
dog or otherwise identifiable animal, shall give notice of the impounding of the animal in
person or by first class mail, postage prepaid, to the last known address of the owner. If
the animal is not redeemed and the owner or possessor does not pay the license fee,
obtain a license tag, and pay the fees required as specified in this Code after notice has
been given, the officer shall destroy or dispose of such animal.
(d) In accordance with California Food & Agriculture Code, sections 30503 (c) (dogs:
spay/neuter), 31108 (b) (impounded dog) and 31752 (b) (cats: spay/ neuter) in which
the County is authorized to release any stray dog or cat that is impounded prior to it
being euthanized to an animal rescue group that has entered into an agreement with
the County, the adoption fee. and spay/neuter deposit shall be waived on said animal
and authority is given to the Health Officer to enter into such agreements.
-.-
Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended
Ordinance #1764 (1972); Amended Ordinance #3804 (2000);
32.0104 Record of Impounded Animals.
Each Shelterkeeper, Animal Control Officer, or any other duly authorized person,
shall keep a record of all animals impounded by him/her that shall show:
(a) Date of impoundment.
(b) License tag number, if any.
(c) Complete description of animal.
(d) Date and manner of its disposal, and
(e) If redeemed, sold or rescued, the name and address of the person by whom
redeemed, purchased or rescued, the amount of all fees and other monies received or
collected by him/her and the disposition thereof.
Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended
Ordinance #1764 (1972); Amended Ordinance #3804 (2000);
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Ordinance No. 750
Page 11 of 31
ANIMAL CONTROL
32.0105 Disposition of Dead Animals.
When any dog or other animal owned by or in the custody or control of any person
or found in any person's private property dies, such person shall, within twenty-four (24)
hours, provide for the burial, incineration, or other disposition of the body of such dead
animal in a safe and sanitary manner.
It shall be unlawful for any person to dispose of the body of such dead animal in any
public or private property, other than his own, without proper authorization from the
County Health Department.
Adopted Ordinance #962 (1961); Amended Ordinance #1753 (1972); Amended
Ordinance #1764 (1972); Amended Ordinance #3804 (2000);
32.0106 Deleted by Ordinance 2100 (1976).
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #1767 (1972); Amended Ordinance #1779 (1972); Amended
Ordinance #1821 (1973); Amended Ordinance #3804 (2000);
32.0107 Abandoned Animals.
It shall be unlawful to abandon any animal in the County of San Bernardino.
Adopted Ordinance #962 (1961); Amended Ordinance #1603 (1970); Amended
Ordinance #1753 (1972); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.010BControl of Animals.
(a) No person owning or having control of any animal shall penmit such animal to
stray, to run at large upon any private or public streel, sidewalk, schoolground, public
park, playground, place of public assembly or any other public place or upon any
unenclosed private lot or other unenclosed private place or upon any private property.
without the consent of the owner or person in control thereof. Parkways comprising the
area between the street and sidewalk shall be included as private property for purposes
ofthis section.
(b) Any person who finds any animal which has strayed or is running at large upon
his/her own property or any other place contrary to the provisions of this chapter, may
take possession of and hold same provided, within four (4) hours
after securing possession thereof, helshe shall notify the Health Officer or Animal
Control Officer or the Sheriff of the fact that he/she has such animal in his/her
possession and give the Health Officer, Animal Control Officer, or Sheriff full infonmation
in regard to the animal, includin9 a complete description of the animal and license
number, if any, and shall surrender the animal to the Health Officer, Animal Control
Officer, or Sheriff upon demand.
(c) No person may lawfully bring hislher dog out of hislher property unless:
(1) The dog is restrained by a leash and is in the charge of a person competent
to restrain the dog; or
(2) The dog is properly restrained and enclosed in a vehicle, cage or similar
enclosure.
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Ordinance No. 750
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AN IMAL CONTROL
(d) Any dog found running at large, running loose or unrestrained may be
impounded by the Health Officer, Animal Control Officer, or Sheriff for a period of not
less than ninety-six (96) hours. Any unclaimed dogs shall then be destroyed or disposed
of in accordance with section 32.0103 of this Code.
(e) There shall be a reclaiming fee for all impounded dogs, as set forth in the San
Bernardino County Code Schedule of Fees.
(f) A person having custody of any dog shall not permit, either willfully or through
failure to exercise due care or control, any such dog to defecate or urinate upon a public
street or sidewalk; the floor of any common hall in any apartment house, hotel or other
multiple dwelling; upon any entrance way, stairway, or wall immediately abutting on a
public sidewalk; or upon the floor of any theater, shop, store, office building, or other
building used by the public.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #1767 (1972); Amended Ordinance #1779 (1972); Amended
Ordinance #1821 (1973); Amended Ordinance #3804 (2000);
32.0109 Female Dogs and Puppies.
(a) It shall be unlawful for any person to permit any female dog that is owned,
harbored or controlled by that person, when said female dog is in heat or in season or
breeding condition, to be unconfined and in such a manner that it attracts stray male
dogs.
(b) All dogs under four (4) months of age and until vaccinated shall be confined to
the premises of or kept under physical restraint by the owner or keeper. Nothing in this
chapter shall be construed to prevent the sale or transportation of a puppy younger than
four (4) months of age.
Adopted Ordinance #962 (1961); Amended Ordinance'#1764 (1972); Amended
Ordinance #2100 (1976); Amended Ordinance; Amended Ordinance #3804
(2000);
32.0110Wild, Exotic or Nondomestic Animals in Captivity.
No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild,
exotic, dangerous, or nondomestic animal without first appiying to any receiving special
authorization from the Health Officer. The keeping or maintenance of such animals
shall also conform to the appropriate zoning codes as well as laws and regulations
promulgated by the State of California and the Federal government.
The Health Officer may authorize the keeping or maintaining of any wild, exotic,
dangerous or nondomestic animal when, in his or her opinion, any such animal may be
kept or maintained without endangering the safety of any person, any animal or
property, nor create a nuisance; provided however, that the Health Officer may require
any such animal be properly caged, tethered, or restrained, and may create such
additional requirements as may be necessary and proper under the circumstances. The
Health Officer shall also require that the owner or keeper of any privately owned wild,
exotic, dangerous or nondomestic animal pay a license fee as specified in the County
Scheduie of Fees; the initial fee to be paid at the time of application. The Health Officer
may revoke such authorization when, in his or her opinion, the safety of any person,
other animal or property is endangered, or the keeping of such animal creates a
nuisance.
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Ordinance No. 750
Page 13 of 31
ANIMAL CONTROL
The provisions of this section shall not be applicable to licensed circuses, carnivals,
zoos, or other collections of wild animals under jurisdiction of a city, or the State or
Federal government.
Adopted Ordinance #962 (1961); Amended Ordinance #1512 (1969); Amended
Ordinance #1764 (1972); Amended Ordinance #2995 (1986); Amended
Ordinance #3804 (2000);
32.0111 Licensing of Animal Establishments Other Than Dog Kennels And
Catteries.
No person shall conduct or operate any pet shop, pet grooming parlor, public
aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility. or
animal menagerie. without first obtaining a license from the County Health Officer. Any
such establishment shall also conform to the appropriate zoning codes.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0112Application for a License to Operate.
An application for a license to operate a pet shop, pet grooming parlor, public
aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, or
animal menagerie, shall be made in writin9 to the Health Officer. Not later than ten (10)
days after receipt of the application by the Health Officer, the facilities for which said
license is requested will be examined by the Health Officer. No license shall be issued
or renewed unless and until all general regulations relating to animals, as set forth by
the Health Officer, are complied with, and an annual fee as specified in the County
Schedule of Fees is paid. Any building or structure used in the housing or maintaining
of said animals shall be approved by the County Building Department.
32.0113 General Regulations Relating to Animals.
Every person within the County of San Bernardino who owns. conducts, manages.
or operates any animal establishment for which a license is required by this chapter,
shall comply with each of the following conditions:
(a) Housing facilities for animals shall be structurally sound and shall be maintained
in good repair to protect animals from injury and restrict entrance of other animals.
(b) All animals and all animal buildings or enclosures shall be maintained in a clean
and sanitary condition.
(c) All animals shall be supplied with sufficient good wholesome food and water as
often as the feeding habits of the respective animals require.
(d) Animal buildings and enclosures shall be so constructed and maintained as to
prevent the escape of animals.
(e) All reasonable precautions shall be taken to protect the public from the animals
and animals from the public.
(f) Every building or enclosure wherein animals are maintained shall be properly
ventiiated to prevent drafts and to remove odors. Heating and cooiing shall be provided
as required according to the physical needs of the animals.
(g) All animal rooms, cages, and runs shall be of sufficient size to provide adequate
space for clean water and proper housing for animals kept therein.
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Ordinance No. 750
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ANIMAL CONTROL
(h) All animal runs shall be approved construction and shall be provided with
adequate waste and manure disposal and for drainage into an approved sewer or
individual sewer disposal installation.
(i) All animals shall be taken to a licensed veterinarian for examination and
treatment if so ordered by the Health Officer.
OJ Every precaution shall be taken to avoid the production of nuisances and any
hazard to the public health as a result of the presence of any wild. dangerous andlor
exotic animals.
(k) Every violation of applicable regulation shall be corrected within a reasonable
time to be specified by the Health Officer.
(I) Failure of the applicant for said license to comply with any of the foregoing
conditions shall be deemed just cause for the denial of any license, whether original or
renewal.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0114 Expiration of License.
Any license issued under this chapter shall expire at the end of such fiscal year in
which the license is issued.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0115 Renewal of License.
The procedure for the renewal of any license shall be subject to the same conditions
and shall be done in the same manner as the issuance of an original license.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0116Inspection.
The Health Officer shall have the authority to enter upon any area or premises to
enforce the provisions of this chapter.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0117 Revocation of License.
The Health Officer may revoke any license issued pursuant to this chapter,
whenever he or she shall determine from an inspection that any animal establishment
fails to meet all conditions contained in section 32.0113, or for any other violation of this
chapter.
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Ordinance No. 750
Page 15of31
ANIMAL CONTROL
Any revocation of a license shall be effective until all conditions of section 32.0113
have been met and complied with or such other violation of this chapter has been
remedied, to the satisfaction of the Health Officer and written notice of this fact has
been given to the licensee. Upon receipt of notice of compliance the license shall be
deemed in full force and effect for the remainder of the original term for which issued.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0118 License Not Transferable.
Licenses issued pursuant to this chapter shall not be transferable, except when the
owner of such property sells the original property that included a licensed animal
establishment within such property, and the licensed animal establishment remains
within the confines of the original property.
Adopted Ordinance #962 (1961); Amended Ordinance #1764 (1972); Amended
Ordinance #3804 (2000);
32.0119Animals Which Habitually Make Noise.
(a) Excluding noise from property not zoned for residential purposes (property
without "R" in its zoning classification), it shall be unlawful for any person owning or
having control of one or more of any animal, either willfully or through failure to exercise
proper control, to allow such animal to habitually bark, howl, crow, or make any other
loud noises in such a manner as to at any time, day or night, cause general annoyance
or discomfort to a neighboring inhabitant. The standard of general annoyance or
discomfort is a "reasonable person" standard, i.e., the noise is such that a reasonable
person, under the same or similar circumstances, would suffer annoyance or
discomfort.
(b) Evidence of a violation may be based upon complaints from neighboring
inhabitant(s), hereby defined as persons living within two hundred (200) yards of such
animal owner or keeper's premises, or if said animal wanders outside of said premises,
within two hundred (200) yards of any place where such animal wanders outside of said
premises.
If there is more than one neighboring inhabitant, as defined above, evidence of a
violation requires complaints from at least two (2) neighboring inhabitants living in
separate residences.
If there is only one neighboring inhabitant, evidence of a public nuisance may be
based on a complaint from only one (1) person or persons in that household.
If there is more than one neighboring inhabitant, as defined above, evidence of a
public nuisance may, upon application of a single complaining neighboring inhabitant,
be established by that person by seeking a waiver from the chief officer of the two-
complainant requirement. To obtain such a waiver, a single complainant shall provide
to the Animal Control Officer additional credible evidence of a violation, which may
include, but is not limited to, tape recordings, videotapes, sound monitoring logs,
photographs, maps, or declarations of other persons.
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Page 16 of 31
ANIMAL CONTROL
If the complainant(s) lives in excess of two hundred (200) yards of such animal
owner or keeper's premises, that person or those persons may establish evidence of a
violation by seeking a waiver from the chief officer of the two hundred (200) yard
requirement. To obtain such a waiver, a complainant or complainants living more than
two hundred (200) yards from the noise shall provide to the Animal Control Officer
additional credible evidence that he/she/they are experiencing a level of noise
comparable to a person residing within two hundred (200) yards of the noise, which
evidence may include, but is not limited to, tape recordings, videotapes, sound
monitoring logs, photographs, maps, or declarations of other persons living a similar
distance away from the noise.
(c) The Animal Control Officer will substantially follow the procedures below in
responding to all complaints of noisy animals, however, the procedures and timelines
set forth herein are discretionary and not mandatory. Should a particular stage in the
process take longer than the period set forth, or should exceptional circumstances
require any of the periods be shortened, the process may proceed to the next step
without the necessity of repeating any prior step.
(1) Upon receiving an initial complaint from any person, either orally or in writing,
the owner(s) or keeper(s) of the animal that may be violating this section will 'be sent a
courtesy abatement letter. The letter will notify the owner(s) or keeper(s) that San
Bernardino County Animal Care and Control has received a complaint or complaints
regarding his/her/their animal(s) that may be in violation of this section, describing the
substance of the complaint. The letter will also explain the process and potential
costs/consequences for all parties of the process going to citation, will encourage the
parties to attempt to resolve the complaint themselves, and, if that is unsuccessful, to
seek mediation services, and will provide information on free and low cost mediation
services available. Upon sending out the initial courtesy abatement letter, Animal Care
and Control personnel will enter the date and address of the animal owner or keeper in
the Nuisance Animal Noise Letter Log that is kept on file. 'A'blind copy of the letter will
be sent to the complainant, with a cover memo requesting the complainant contact
Animal Care and Control if the noise has not abated by the end of the two-week period
specified in the letter. At the same time the initial letter is sent, the complainant will be
sent a Nuisance Animal Noise Information Sheet along with two Nuisance Animal Noise
Complaint Forms, with instructions that, if the nuisance has not abated by the end of the
two week period, to complete the form and have at least one neighboring inhabitant in a
separate household complete the second form. The complainants must complete and
sign the fomns under penalty of perjury, and return them to Animal Care and Control.
The letter shall also contain a Waiver Application Form, and advise a single
complainant, or complainants or a complainant that lives further than two hundred (200)
yards from the animal owner(s) or keeper(s), that he/she/they may, by filling it out,
obtain from the chief officer a waiver of the two-complainant requirement. Upon
sending out the Nuisance Animal Noise Information Sheet and Nuisance Animal Noise
Complaint Form, Animal Care and Control personnel will enter the date, complainant's
name and address and the alleged violator's name and address on the Nuisance
Animal Noise Complaint Form Log that is kept on file,
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Ordinance No. 750
Page 17 of 31
ANIMAL CONTROL
(2) If, at the end of the two-week period, the complainant(s) advise(s) Animal
Care and Control that the noise is not abated, the complainant(s) will be advised that
he/she/they may file a formal written complaint by submitting the Nuisance Animal
Noise Complaint Form. At the time of this second contact, in which the complainant(s)
indicate(s) that a nuisance animal noise problem still exists, the Nuisance Animal Noise
Letter Log will be checked to verify that an initial letter has been sent to the animal
owner or keeper.
(3) Upon receipt of two or more completed Nuisance Animal Noise Complaint
Forms, or one if there is only one neighboring inhabitant or a waiver of the two-
complainant rule is granted, an Animal Control Officer will be assigned to serve a Notice
of Violation on the animal owner(s) or keeper(s). The notice shall be served in person,
or sent first class mail, postage prepaid, and shall advise the animal owner or keeper
that he/she will be given two-weeks from the mailing or service of the notice to comply
with the provisions of this section in order to avoid further enforcement action. A file
will be kept on the residential address of the animal owner or keeper. The completed
Nuisance Animal Noise Complaint Form(s) and a copy of the Notice of Violation will be
kept on file. A blind copy of the Notice of Violation will be sent to the complainant(s),
with a cover memo requesting the complainant(s) contact Animal Care and Control if
the noise has not abated by the end of the two-week period specified in the Notice of
Violation.
(4) If, at the end of the two-week period specified in the Notice of Violation, the
complainants or complainant advises Animal Care and Control that the noise is not
abated, a citation will be issued to the violator. The complainants or complainant at that
stage must be willing to have his/her/their name(s) appear on the citation in the area
designated for "arresting officer". An Animal Control Officer will be assigned to issue a
citation to the animal owner or keeper for violation of this section on behalf of the
complainant(s). The Animal Control Officer will sign the citation in the area designated
for "issuing officer".
(5) Each subsequent day, or portion thereof, that an animal owned or kept by a
party receiving a Notice of Violation creates an animal noise nuisance beyond the two-
week period specified in (4) above, shall constitute a separate violation and a separate
citation may be issued. For each citation issued, steps (6) and (7) below shall be
followed.
(6) Once a citation or citations have been issued to the animal owner or keeper,
the issuing Animal Control Officer must complete an Investigation Report. The
immediate supervisor or Supervising Animal Control Officer II will review the court's
copy of the citation or citations and the completed Investigation Report. After the report
has been approved and typed, the following documents will be attached and forwarded
to the appropriate court:
(A) Court's copy of the citation or citations.
'(6) Investigation Report.
(C) Copy of the Notice of Violation.
(D)AII copies of the Nuisance Animal Noise Complaint Form or forms
received from the complainant or complainants, if there is more than one complainant.
(7) A complete copy of the documents that are forwarded to the appropriate court
will be placed in the file kept on the animal owner or keeper.
Adopted Ordinance #3280 (1988); Amended Ordinance #3804 (2000);
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Ordinance No. 750
Page 18 of 31
ANIMAL CONTROL
32.0120 Penalties.
(a) Any person, firm, partnership, corporation or other entity violating any
provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter
specified. Each day or portion thereof such violation is in existence shall be a new and
separate offense. Any person so convicted shall be:
(1) Guilty of an infraction offense and punished by a fine not exceeding one
hundred dollars ($100.00) and not less than fifty dollars ($50.00) for a first offense.
(2) Guilty of an infraction offense and punished by a fine not exceeding two
hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second
offense.
(3) The third and any additional offenses shall constitute misdemeanors and shall
be punishable by fines not exceeding one thousand dollars ($1,000.00) and not less
than five hundred dollars ($500.00) or six (6) months in jail, or both.
(4) Notwithstanding the above, a first or second offense may be charged and
prosecuted as a misdemeanor.
(b) Payment of any fine or service of a jail sentence shall not relieve a person,
firm, partnership, corporation or other entity from the responsibility of correcting the
condition resulting from the violation.
(c) In addition to the above penalties, the court may order that the guilty party
reimburse the County for all of its costs of investigating, analyzing, inspecting, abating
and prosecuting the enforcement action against the guilty party: The court shall fix the
amount of any such reimbursement upon submission of proof of such costs by the
County.
(d) The owner, manager, and operator of every activity or facility subject to this
chapter shall be responsible for any violation of this chapter by an employee.
Adopted Ordinance #3280 (1988); Amended Ordinance #3804 (2000);
.~.
32.0121 Injunction.
Any violation of this chapter is hereby declared to be unlawful and a public nuisance.
Upon request of the Health Officer, an action for injunctive relief may be commenced for
the abatement, removal and enjoinment thereof in the manner provided by law.
Application shall be made to such court that has jurisdiction to grant such relief to abate
or remove such illegal activity and to restrain any person from engaging in such illegal
activity. This remedy shall be in addition to any other civil or criminal relief or penalty.
Adopted Ordinance #3804 (2000);
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RABIES
Sections:
32.021
32.022
32.023
32.024
32.025
32.026
32.027
32.028
32.029
32.0210
32.0211
32.0212
32.0213
32.0214
32.0215
32.0216
32.0217
32.0218
32.0219
32.0220
32.0221
32.0222
32.0223
32.0224
Ordinance No. 750
Page 19 of 31
Chapter 2
RABIES
(BITING AND BITTEN ANIMALS: VACCINATION AND LICENSING)
Duty to Report Animal Bites.
Confinement of Biting Animal.
Reporting and Confinement of Rabid Animals.
Disposition of Animals Bitten by Rabid Animals.
Posting of Quarantine Sign.
Prohibiting the Keeping and Sale of Skunks.
Possession of Unvaccinated Dogs.
Vaccination.
License Responsibility.
License Application.
License Fees.
Exceptions to Vaccination.
Penalty Fee.
Effective Duration of License.
Duplicate License Tag.
Wearing of Tag.
Falsification of License Tag.
Unlawful Use of Tag.
Exemption of Payment of License Fee.
Categories of Dogs Not Requiring License.
Transfer of Ownership.
Renewal of License.
Authority to Enter Any Premises.
Penalty Provisions.
32.021 Duty to Report Animal Bites.
It shali be the duty of any person having knowledge that any animal subject to
rabies, whether or not the animal is suspected of having rabies. has bitten any human
being within the unincorporated areas of the County to immediately report that fact to
the Health Officer or to the Sheriff with full information in regard to the incident.
Amended Ordinance #1764 (1972);
32.022 Confinement of Biting Animal.
Upon receipt of a report that a person has been bitten by an animal subject to rabies
(ail warm-blooded mammals), any person authorized to enforce the provisions of this
chapter, is hereby empowered to enter upon any private property, including the home or
residence where the biting animal is kept or has strayed, to inspect and strictiy isolate,
and to seize and impound if necessary. in a place and manner approved by the County
Health Officer, any such animal fDr a period Df ten (10) days (fDr dogs and cats) and
fDurteen (14) days (for other animals). Excepted are rodents, (members of the order
Rodentia) rabbits and hares (members of the order Lagomorpha).
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RABIES
Notwithstanding the foregoing provIsions, the Health Officer may authorize, with
permission of the owner, if known, and other legal restrictions permitting, the euthanasia
of a biting animal for the purpose of laboratory examination for rabies using the
fluorescent rabies antibody (FRA) test in the County Health Department Laboratory.
It shall be unlawful for any person to remove from any place of isolation or
quarantine, any animal which has been Isolated or quarantined under the provisions of
this chapter, without the consent of the Health Officer.
Amended Ordinance #1764 (1972);
32.023 Reporting and Confinement of Rabid Animals.
It is the duty of any person having knowledge of the whereabouts of an animal
known to have or suspected of having rabies to report the fact immediately to the Health
Officer. If such person is the owner or possessor or has custody of such animal, he shall
immediately confine it and keep said animal strictly confined until it shall be established
to the satisfaction of said official that such animal has or has not rabies.
Where such owner or possessor does not have the proper facility for such
confinement, or where the owner of such rabid or suspected rabid animal is not known,
such animal shall be isolated in strict confinement under proper care and under the
observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate
facility in a manner approved by the County Health Officer, and shall not be killed or
released for at least ten (10) days after the onset of symptoms suggestive of rabies. If
such animal creates a menace to the public health and safety, the Health Officer or his
representative may kill or destroy the animal forthwith and examine it for rabies in the
laboratory using the fluorescent rabies antibody (FRA) test in the County Health
Department Laboratory.
Whenever any such owned biting animal is quarantined in a place other than the
premises of its owner, all expenses incurred in its confinement shall be the liability of the
owner, possessor or custodian of such biting animal.
Amended Ordinance #1764 (1972);
32.024 Disposition of Animals Bitten by Rabid Animals.
Any animal that is subject to rabies which has been exposed to a known rabid
animal or suspected rabid animal shall, upon notification of its owner, possessor or
custodian, be:
(a) immediately securely confined in a place and manner approved by the Health
Officer for a period of six (6) months; or
(b) Immediately destroyed unless the biting animal is determined by laboratory
examination to be negative from rabies; except that in the case of dogs and cats, the
following alternative is permitted:
(1) The dog or cat shall be revaccinated and then quarantined for a period of
thirty (30) days provided such dog or cat bas been vaccinated not less than thirty (30)
days, with a rabies vaccine approved by the California State Department of Public
Health.
The Health Officer may, in his discretion, kill or quarantine the animal so bitten, in
case the owner, possessor or custodian, thereof shall fail to do so immediately, or in
case the owner, possessor or custodian thereof is not readily accessible or is not
known.
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Ordinance No. 750
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RABIES
The carcass of any dead animal exposed to rabies will, upon demand, be
surrendered to the Health Officer. Upon the discretion of the Health Officer, the County
Health Laboratory shall examine for rabies specimens of high-risk or medium-risk
animals involved in a biting incident. Specimens of low-risk animals may be examined
upon payment of reasonable laboratory fees.
Amended Ordinance #1512 (1969); Amended Ordinance #1764 (1972); Amended
Ordinance #2354 (1 979);
32.025 Posting of Quarantine Sign.
It shall be the duty of any person authorized to enforce the provisions of this chapter
to post an appropriate sign in a conspicuous place at a location where a dog or cat or
any biting, vicious or rabid animal is being quarantined or confined to warn the public of
this fact. It shall be unlawful for anyone to obstruct the posting of such a sign or to
remove or destroy such a posted sign without permission of the Health Officer.
Amended Ordinance #1512 (1969); Amended Ordinance #1764 (1972);
32.026 Prohibiting the Keeping and Sale of Skunks.
It shall be unlawful for any person, firm or corporation to (a) trap or capture skunks
for pets; (b) trap, capture or hold skunks in captivity for sale, barter, exchange or gift;
and (c) transport skunks from or into the County, except that the importation or
exportation of skunks may be penmitled by the Health Officer for recognized zoological
gardens or research institutions.
Amended Ordinance #1764 (1972);
32.027 Possession of Unvaccinated Dogs.
It shall be unlawful for any person within the County of San Bernardino, outside
municipal corporations, to own, have an interest in, harbor and feed, or have the care,
charge, custody, or possession of a dog over the age of four (4) months, whether such
dog is confined or not, unless such dog has a current vaccination with the rabies
vaccine approved by the California State Department of Public Health and is officially
tagged as provided for in this chapter. Said vaccine shall be used exclusively to
vaccinate all dogs within the County of San Bernardino. Vaccination with said vaccine
shall be valid for a period not to exceed one (1) year when administered to a dog under
one (1) year of age, or three (3) years when administered to a dog over one (1) year of
age.
Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990);
32.028 Vaccination.
Said rabies vaccination shall be performed only by a veterinarian who is duly
licensed to practice in the State of California. Vaccination for rabies may be done in any
veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the
County or any incorporated city.
Amended Ordinance #1764 (1972);
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Ordinance No. 750
Page 22 of 31
RABIES
32.029 License Responsibility.
(a) Every resident in the unincorporated areas of San Bernardino County who
owns, has an interest in, harbors and feeds, or has the care, charge, custody, or
possession of a dog four (4) months of age or over, and whether such dog is confined
or not, shall obtain a San Bernardino County dog license for such a dog. Each dog shall
have a current rabies vaccination as evidenced by a valid rabies certificate issued by
the veterinarian who performed the vaccination as a requisite to licensing. Provided
further that rabies vaccination certificate shall not be required if the license is obtained
at the time the dog is vaccinated at a County or City low-cost clinic.
(b) While a dog is being used as a guard dog within the unincorporated area of
San Bernardino County, it must have a San Bernardino County dog license and the
license tag must be securely fixed to the dog's collar regardless of where the owner
resides and whether a license has been obtained for that jurisdiction.
Amended Ordinance #1764 (1972); Amended Ordinance #2354 (1979);
32.0210 License Application.
Each application for a license shall be in writing upon a form to be furnished by the
Health Officer, and shall contain such information as the Health Officer, by rule or
regulation, shall require.
Amended Ordinance #1764 (1972);
32.0211 License Fees.
Each application for a dog license shall be accompanied by a license fee as
specified in the County fee schedule, and shall be obtained;
(a) Within a period of thirty (30) days after expiration of a San Bernardino County
dog license;
(b) Within thirty (30) days after said dog attains the age of four (4) months;
(c) Within fifteen (15) days after the purchase or obtaining control, care or custody
of a dog which previously attained the age of four (4) months, and provide further the
proof of recent acquisition as indicated by the date of purchase receipt as shown at the
time of application; or
(d) Within thirty (30) days after the date of establishing residency in the County
provided further that said dog had a current license from another county or a city, and
within fifteen (15) days if said dog has no current license.
Amended Ordinance #1764 (1972); Amended Ordinance #1795 (1973); Amended
Ordinance #2000 (1975); Amended Ordinance #3208.(1988); Amended Ordinance
#3402 (1990);
32.0212 Exceptions to Vaccination.
Notwithstanding the provisions of this chapter, a dog may be exempted from rabies
vaccination if such vaccination would jeopardize the health of such dog due to infirmity
or other disability provided the owner has in his possession a written certification from a
licensed veterinarian attesting to such infirmity or disability. The owner or custodian of
such dog shall, within ten (10) days after the termination of such infirmity or disability,
3 - 84
Ordinance No. 750
Page 23 of 31
RABIES
cause such dog to be vaccinated and licensed. Any such dog with infirmity or disability
shall be securely confined within its owner's or harborer's premises so that it does not
come in contact with any other animal or person.
Amended Ordinance #1764 (1972);
32.0213 Penalty Fee.
Any person who obtains a license not in conformity with any of tile provisions of
Section 32.0211, shall pay a penalty fee as specified in the County Fee Schedule in
addition to the regular license fee.
Amended Ordinance #1764 (1972);
32.0214 Effective Duration of License.
The San Bernardino County dog license shall remain valid for a period not less than
one (1) month and not greater than thiriy-six (36) months.
Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990);
32.0215 Duplicate License Tag.
When the original license tag is lost, a duplicate tag shall be obtained upon
submission to the Health Officer such proof as he may require. The cost of each
duplicate tag shall be as specified in the County Fee Schedule.
Amended Ordinance #1764 (1972);
32.0216 Wearing of Tag.
It shall be the responsibility of every County resident who owns, harbors, cares for,
or has in custody a licensed dog, to securely attach or fasten the license tag to the dog's
collar or harness so that such tag is worn by the dog at all times except while such dog
remains indoors or in any enclosed yard or pen where the dog cannot escape.
Amended Ordinance #1764 (1972);
32.0217 Falsification of License Tag.
It shall be unlawful for any person to place upon or attach to a dog any false,
counterfeit or unauthorized tag for the purpose of evading the provisions of this chapter.
Amended Ordinance #1764 (1972);
32.0218 Unlawful Use of Tag.
It shall be unlawful to attach a license tag on a dog to which said tag was not
originally issued.
It shall be unlawful to attach a license tag to any dog that does not have a current
rabies vaccination.
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Ordinance No. 750
Page 24 of 31
RABIES
It shall be unlawful for an unauthorized person to remove from any dog, any coltar or
harness or other device to which is attached a San Bernardino County license tag for
the current year or remove such tag therefrom.
Amended Ordinance #1764 (1972);
32.0219 Exemption of Payment of License Fee.
(a) The Health Officer may, upon his/her discretion, issue a license without
payment of the required license fee to an owner or custodian of a dog, if such dog
meets the following conditions:
(1) Such dog is a guide dog and the owner is blind or deaf and can submit
proof that such dog has been successfully trained to lead the blind or aid the deaf as a
guide dog.
(2) Such dog is a service dog and the owner is handicapped and can submit
proof that such dog has been successfully trained to aid the handicapped as a service
dog.
Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990);
32.0220 Categories of Dogs Not Requiring License.
San Bernardino County license is not required for the following categories of dogs,
however, they must have a current rabies vaccination: .
(a) Any dog within the unincorporated areas of the County when the owner thereof
resides in any municipality within the County, and such dog is wearing or has attached
to it a license tag for the current year issued by such municipality.
(b) Any dog owned by or in the charge of any person who is a nonresident of the
County and is traveling through the County or temporarily sojourning therein for a period
of not exceeding thirty (30) days.
(c) Any dog brought into the County and kept therein for a period not exceeding
thirty (30) days for the exclusive purpose of entering the same in any bench show or
dog exhibition or field trials or competition.
(d) Any dog brought or sent into the unincorporated territory of the County from any
point outside thereof for the exclusive purpose of receiving veterinary care in any dog
hospital, in the event that such dog is kept at all times strictly confined within such
hospital.
(e) Dogs kept for the sole purpose of being used for research in research
institutions approved by the California State Department of Public Health.
(f) Dogs over four (4) months of age which are offered for sale in a duly licensed
pet shop or dog kennel.
Amended Ordinance #1764 (1972);
32.0221 Transfer of Ownership.
If a currently licensed dog is sold or title to the dog is otherwise transferred to a new
owner, such new owner may apply to the Health Officer for a transfer of such dog's tag
and license and pay a transfer fee as specified in the County Fee Schedule. Upon
receipt of such application fee, the Health Officer shall issue a certificate of transfer of
such tag and the name and addresses of the owner and new owners.
Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990);
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Ordinance No. 750
Page 25 of 31
RABIES
32.0222 Renewal of License.
Each San Bernardino County dog license shall expire on the date recorded on the
license receipt and shall be renewed:
(a) Prior to expiration or within a period of thirty (30) days after expiration.
(b) Within one hundred and twenty (120) days after license expiration, or thirty (30)
days after expiration of the vaccination, whichever date is later if rabies vaccination
expires during the period of July 1, 1990, through October 31, 1990.
Amended Ordinance #1764 (1972); Amended Ordinance #3402 (1990)
32.0223 Authority to Enter Any Premises.
The Health Officer shall have the authority to enter upon any area or premises to
enforce the provisions of this chapter.
Amended Ordinance #1764 (1972);
32.0224 Penally Provisions.
Any person violating any of the provisions of this chapter shall be guilty of an
infraction and upon being found
guilty thereof, shall be punished as set forth in Section 11.021 of this Code, pertaining to
the penalty for infractions.
Amended Ordinance #1795 (1973); Amended Ordinance #2354 (1979)
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Ordinance No. 750
Page 26 of 31
POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
Chapter 14
POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
32.1401 Purpose.
32.1402 Exceptions to Chapter.
32.1403 Determinations and Notice Process.
32.1404 Authority to Seize Animal Posing Immediate Threat to Public Safety.
32.1405 Disposition of Potentially Dangerous or Vicious Animals.
32.1406 Removal of Designation as Potentially Dangerous or Vicious.
32.1407 Conditions for Destroying Animal Found Vicious or Potentially Dangerous.
32.1408 Conditions for Prohibiting Ownership of Vicious Animals.
32.1409 Criminal Penalties/lnjunction.
32.1401 Purpose.
The purpose of this chapter is to provide regulations and procedures related to the
declaration, conditions for release and control, and the disposition and destruction of
potentially dangerous and vicious animals.
Adopted Ordinance #3804 (2000);
32.1402Exceptions to Chapter.
(a) This chapter does not apply to licensed kennels, humane society shelters, animal
control facilities or veterinary clinics.
(b) This chapter shall not apply to any dog utilized by any police department or any
law enforcement officer in the performance of police or law enforcement work.
Adopted Ordinance #3804 (2000);
32.1403 Determinations and Notice Process.
(a) Determination of Potentially Dangerous or Vicious animal: If an Animal Control
Officer, after conducting an investigation, has determined that there exists probable
cause to believe that an animal is potentially dangerous or vicious, he or she shall
report the results of his or her investigation in writing to the Chief Officer, who shall
review said written report for the purpose of determining whether or not the animal in
question is potentially dangerous or vicious.
(b) Complaints and Evidence: If the written report submitted by the Animal Control
Officer is based on a compiaint or complaints received from a member of the public, the
Animal Control Officer shall require the complainant to put the complaint in writing and
sign it under penalty of perjury, so that it may be offered as evidence at the Review
Hearing described below. The Animal control Officer may also include in said report to
the Chief Officer:
(1) If known, the animal's previous history of biting, attacking, or causing injury to
a human being or animal;
(2) the nature and extent of injuries inflicted and the behavior of victims involved;
(3) the place where the bite, attack or injury occurred;
(4) the presence or absence of any provocation for the bite, attack or injury;
(5) the extent to which property has been damaged or destroyed;
(6) the extent to which the animal exhibits characteristics of aggressive or
unpredictable temperament or behavior in the presence of human beings or domestic
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POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
animals; and
(7) the extent to which the animal exhibits any characteristics of being trained for
fighting or attack and any evidence tending to show such training.
(c) Hearing Before and Determination Of Chief Officer:
(1) If the Chief Officer, after examining the written report of the Animal Control
Officer, determines that probable cause exists that the animal is potentially dangerous
or vicious, he or she shall mail a written notice to the owner or keeper of the animal of a
hearing to be presided over by the Chief Officer for the purpose of determining whether
or not the animal should be declared potentially dangerous or vicious, which notice shall
be mailed by first class mail, postage prepaid, not less than fourteen (14) days before
the date set for the hearing, at which time the owner or keeper of the animal shall be
given an opportunity to present evidence as to why the animal should not be declared
potentially dangerous or vicious.
(2) At the hearing, the Chief Officer shall review all relevant evidence,
including the written report of the Animal Control Officer and any evidence submitted by
the owner or keeper. Following the hearing, the Chief Officer shall prepare a written
Notice of Determination as to whether or not the animal is potentially dangerous or
vicious, and make whatever other orders are authorized by this chapter, and shall mail
said Notice of Determination to the owner or keeper by first class mail, postage prepaid.
The Chief Officer shall decide all issues for or against the owner or keeper of the animal
if the owner or keeper fails to appear at a scheduled determination hearing, and such
determination shall be final and conclusive and not subject to further review.
(d) Notice of Determination and Review Hearing:
(1) If a determination is made by the Chief Officer that the animal is potentially
dangerous or vicious, the owner or keeper shall comply with section 32.1405 in
accordance with a time schedule established by the Chief Officer, but in no case more
than thirty (30) days after the date of mailing of the Notice of Determination.
(2) If the owner or keeper of the animal appeared at the hearing and contests the
determination, he or she may request a review hearing of the decision of the Chief
Officer. A written request for review must be actually received in the office of the Chief
officer within ten (10) days of the mailing of the Notice of Determination, or the right to
review shall be deemed waived and the Notice of Determination of the Chief Officer
shall be final for all purposes.
(3) Upon receipt of a request for review, the Chief Officer shall convene an
Administrative Review Panel to review the case. The Chief Officer shall mail a written
notice to the owner or keeper of the animal of a hearing before and Administrative
Review Panel for the purpose of reviewing the Chief Officer's Notice of Determination
that the animal should be declared potentially dangerous or vicious, which notice shall
be mailed by first class mail, postage prepaid, not less than 14 days before the date set
for the hearing, at which time the owner or keeper of the animal shall be given an
opportunity to present evidence as to why the Chief Officer's Notice of Determination
that the animal should be declared potentially dangerous or vicious is erroneous.
At the review hearing, the Panel shall review the Chief Officer's Notice of
Determination, and, if it deems it appropriate, all relevant evidence considered by Chief
Officer at the prior hearing. The Panei shall submit a written recommendation to the
Heaith Officer regarding the appropriateness of the Notice of Determination of the Chief
Officer and/or disposition of the subject animal, and shall mail a copy of said written
recommendation to the owner or keeper by first ciass mail, postage prepaid. The
Administrative Review Panel may issue recommendations for or against the owner or
keeper of the animal if the owner or keeper fails to appear at a scheduled review
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hearing. and such recommendations shail be final and conclusive and not subject to
further review.
(4) The Administrative Review Panel shail consist of three members which shail
be appointed by the Chief Officer: a representative of the Animal Care and Control
Program, but not the investigating officer or an officer with knowledge of the case; a
representative of a private veterinary or animal care provider; and a representative of
another public animal control agency.
(5) If the owner or keeper of the animal appeared at ail hearings, the Health
Officer shail review the Chief Officer's Notice of Determination and the Administrative
Review Panel's recommendations thereon and make a finding as to whether or not the
animal is potentiaily dangerous or vicious, and make such other orders authorized by
this Chapter, and shail mail a copy of said findings and orders to the owner or keeper by
first class mail, postage prepaid.
The findings and orders of the Health Officer shail be final and conclusive upon
all parties. If the Health Officer determines that an animal is potentiaily dangerous or
vicious, the Health Officer may establish a time schedule to ensure compliance with this
Chapter, but in no case more than thirty (30) days subsequent to the date of the mailing
of the Health Officer's findings and orders.
(e) Exceptions:
(1) An animal may be found not potentiaily dangerous or vicious if the Chief
Officer, Administrative Review Panel or Health Officer reasonably determines any of the
following:
(A) any injury or damage was sustained by a person who, at the time the
injury or damage was sustained, was committing a willful trespass upon the premises
occupied by the owner or keeper of the animal or was committing or attempting to
commit a crime upon the premises;
(8) the person who sustained the injury or damage was teasing, tormenting,
abusing or assaulting the animal at the time;
(C) the animal was protecting or defending a person within the immediate
vicinity of the animal from an attack, assault, battery, crime or attempt to commit an
attack, assault, battery or crime by the person who sustained the injury; or
(D) any injury or damage was sustained by a domestic animal, which, at the
time the injury or damage was sustained, was teasing, tormenting, abusing or
assaulting the animal.
(2) No dog may be declared potentially dangerous or vicious if the injury or
damage to a domestic animal was sustained while the dog was working as a hunting,
herding, or a predator control dog and it was on the property of, or under the control of,
its owner or keeper and the damage or injury was to a species or type of domestic
animal appropriate to the work of the dog.
Adopted Ordinance #3804 (2000);
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32.1404Authority to Seize Animal Posing Immediate Threat to Public Safety.
If an Animal Control Officer has investigated and determined there exists probable
cause to believe an animal poses an immediate and serious threat to the safety of the
public, then the Animal Control Officer may seize and impound the animal pending the
hearing to be held pursuant to subsection 32.1403(c). If confinement is not contrary to
public safety, the Chief Officer may require the animal to be confined at the owner's or
keeper's expense in a kennel or veterinary facility approved by the Animal Care and
Control Program.
Adopted Ordinance #3804 (2000);
32.1405 Handling of Potentially Dangerous or Vicious Animals.
(a) Animal to Be Kept Under Control at All Times;
(1) Control Whiie On Owner's or Keeper's Premises; A potentially dangerous or
vicious animal, whiie on the owner's or keeper's property, shall at all times be kept
indoors or in an enclosure which shall secure the yard so that the animal cannot escape
and chiidren cannot trespass. The enclosure shall be approved by the Animal Care and
Control Program and meet the following criteria:
(A) the enclosure shall be constructed to prevent the going in of the public or
other animals and the entrance to the enclosure shall be locked at all times whiie the
animal is contained within the enclosure;
(B) the enclosure shall be six (6) sided, consisting of four (4) walls, a cover or
roof and a permanent floor to prevent the animal from escaping by either climbing or
digging under the wall. If the bottom is not secured to the sides, the sides must be
embedded in the ground no less than two (2) feet; .
(C) the animal shall be housed pursuant to the provisions of section 597t of
the California Penal Code (adequate enciosed area). The minimum dimensions of the
enclosure shall measure five (5) feet by ten (10) feet and be of a height which does not
restrict the animal's natural movements and which allows the owner or keeper into the
enclosure to maintain the animal.
(D) the enclosure shall be surrounded by a perimeter fence which prevents
the entry of the public onto the property of the owner or keeper but which shall not serve
in any part as a primary enclosure for the animal.
(2) Compliance Inspections: As a condition of maintaining a potentially
dangerous or vicious animal, its owner or keeper shall allow access to the Animal Care
and Control Program to inspect the premises to ensure compliance with the provisions
of this chapter between the hours of 9:00 a.m. and 9:00 p.m. daiiy. Prior notification of
the inspection to the owner or keeper of the potentially dangerous or vicious animal
shall not be required.
(3) Control When Off Owner's or Keeper's Premises: At all times, when a
potentially dangerous or vicious animal is not on the premises of the owner or keeper,
the animal shall be securely muzzled and restrained by a leash. The animal shall also
be under the control of a person eighteen (18) years of age or older, who is physically
capable of restraining the animal.
(b) Warning Notice: The owner or keeper of the animal shall display, in a prominent
place upon the premises where the animal is kept or maintained, a sign easily readable
by the public using the words "DANGEROUS ANIMAL", or "VICIOUS ANIMAL", as
ordered by the Chief Officer or Health Officer after a hearing or hearings pursuant to
section 32.1403, in letters at least two (2) inches in height.
(c) Permanent Identification of Animal: The owner or keeper of the animal shall
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POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
provide a permanent identification by means of either a registered tattoo or implanted
microchip that shali be registered with the Animal Care and Control Program. A
photograph of the animal shali be kept on record for identification, in addition to
registration as a Dangerous Animal or Vicious Animal.
(d) Notice of Change of Location or Death of Animal:
(1) If an animal determined to be potentialiy dangerous or vicious dies, is
sold, transferred or permanently removed from the County, the owner or keeper shall
notify the Chief Officer of the changed condition(s) and new location of the animal in
writing within two (2) working days of the changed status.
(2) Animals determined to be potentially dangerous or vicious may be
relocated to other premises within the County only upon written notification to the
Animal Care and Control Program a minimum of five (5) working days in advance of the
animal being physically transferred to new premises. Such physical transfer requires
the inspection and approval by an Animal Control Officer of the new premises'
enclosure and perimeter fencing for compliance with section 32.1405.
(e) Licensing and Vaccination: All potentially dangerous and vicious dogs shall be
licensed and vaccinated in accordance with Chapter 2 of Title III of the County Code.
The potentially dangerous or vicious dog designation shali be included in the license
records of the dog. A potentially dangerous or vicious dog fee shall be charged in
addition to the regular licensing fee to provide for the increased costs of maintaining the
records of the dog pursuant to San Bernardino County Code Schedule of Fees.
(I) Designated Potentially Dangerous and Vicious Animal Listing: AIi animals
designated potentially dangerous or vicious shall be recorded on a listing maintained by
the Animal Care and Control Program. Animals designated potentially dangerous or
vicious shall remain on the listing until the animal dies, is permanently removed from the
County, or is removed from designation pursuant to section 32.1406.
Adopted Ordinance #3804 (2000);
........ ~.
32.1406 Removal of Designation as Potentially Dangerous or Vicious.
If the owner or keeper demonstrates changes that mitigate the risk to public safety to
the satisfaction of the Chief Officer, the designation of potentially dangerous or vicious
shall be removed.
Adopted Ordinance #3804 (2000);
32.1407Conditions for Destroying Animal Found Vicious or Potentially
Dangerous or Vicious.
(a) An animal determined to be a vicious or potentially dangerous animal may be
destroyed by the Animal Care and Control Program when it is found, alter proceedings
conducted under section 32.1403, that the release of the animal would create a
significant threat to the public health, safely and welfare. If it is determined that a
vicious or potentially dangerous animal may be released, the Chief Officer shall impose
conditions upon the ownership of the animal, including, but not limited to, the conditions
set forth in section 32.1405 in order to protect the public health, safety, and welfare.
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(b) An animal previously determined to be a vicious or potentially dangerous animal
may be destroyed by the Animal Care and Control Program when it is found, after
proceedings conducted under section 32.1403, that the owner or keeper of the animal
has failed to comply with the provisions of section 32.1405(a).
Adopted Ordinance #3804 (2000);
32.140BConditions for Prohibiting Ownership of Vicious Animals.
The owner of an animal determined to be vicious or potentially dangerous may be
prohibited by the Health Officer from owning, possessing, controlling or having custody
of any other animals of dangerous propensities for a period of up to three (3) years,
when it is found, after proceedings conducted under section 32.1403, that ownership or
possession of such an animal by that person would create a significant threat to the
public health, safety, and welfare, as determined by the Chief Officer.
Adopted Ordinance #3804 (2000);
32.1409 Criminal Penaltiesllnjunction.
The penalties and remedies for violation of this Chapter shall be the same as
provided for in Sections 32.0120, Penalties and 32.0121, Injunction.
Adopted Ordinance #3804 (2000);
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