Chapter 4 — ANIMALS

Cross reference— Health, ch. 13; restrictions on operation of animal-drawn vehicles, § 17-4; nuisances, ch. 18; zoning, ch. 30.

Any person violating any such provision or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an infraction, unless the citing official or the prosecuting attorney determines that it would in the interest of justice to prosecute the offense as a misdemeanor.

(Code 1968, § 5-29; Ord. No. 1041, § 1(5-29), 12-3-91; Ord. No. 1614, § 2, 1-27-10)

No person in the city owning or having control of any animal shall permit such animal to stray or run at large upon any public street, sidewalk, schoolground, public park, playground, place of public assembly or any other public place, or any unenclosed private lot or other unenclosed private place, or upon any private place or 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 the purposes of this section.

(1)

Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this chapter may take possession of and hold the animal; provided, however, that he shall notify the animal control officer of the fact that he has such animal in his possession within four hours after securing possession thereof, and give such animal control officer full information in regard to the animal, including a complete description of such animal and license number, if any, and surrender the animal to the animal control officer upon demand.

(2)

No person may lawfully bring his dog out of his premises or property unless:

a.

The dog is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such dog.

b.

The dog is under immediate command control of its owner or some other person competent to restrain such dog.

c.

The dog is properly restrained and enclosed in a car, cage or similar enclosure.

(3)

It shall be the duty of any person owning or having charge, custody or control of any dog to ensure that reasonable care and precautions are taken to prevent the dog leaving, while not on a leash, the real property upon which it is kept and that either it is securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition, which enclosure is securely locked or fastened at any time the dog is left unattended; or it is securely and humanely restrained by a chain with swivel, cable or trolley or other tether of sufficient strength to prevent escape, provided that the dog while so chained or tethered cannot go beyond the boundaries of the real property upon which it is maintained or upon the public right-of-way. Any dog found running at large, running loose, or unrestrained may be impounded by the animal control officer for a period of 72 hours. Any unclaimed dogs shall then be disposed of in accordance with section 4-3.

(4)

There shall be a reclaiming fee for all impounded dogs, as set forth in section 4-68.

(5)

A person having custody of any dog shall not permit, either wilfully or through failure to exercise due care or control, any such dog to defecate or urinate upon a public sidewalk, the floor of any common hall in any apartment house, hotel or other multiple dwelling; upon any entranceway, stairway, or wall immediately abutting on a public sidewalk; or upon the floor of any theatre, shop, store, office building, or other building used by the public.

(6)

It shall be unlawful for any person in the incorporated area of the city to permit any female dog owned, harbored or controlled by him, when the 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.

(7)

All dogs under four months of age and until vaccinated shall be confined to the premises of or kept under physical restraint by the owner, keeper, or harborer. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy younger than four months of age.

(8)

Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

(Code 1968, § 5-1; Ord. No. 1041, § 1(5-1), 12-3-91)

Any animal found within the city in violation of this chapter shall be hereby declared a public nuisance and be subject to impoundment by the safety chief administrator or his representative. Upon impoundment of any such animal, the impounding representative shall furnish all pertinent information regarding impounding such animal to the safety chief administrator, who shall cause a notice to be posted in a conspicuous place in the safety service building, giving the name of the owner, if known, and a general description of the animal. If the name of the owner is known, a duplicate copy of such notice shall be mailed to his last known address. The owner or any other person authorized by the owner may obtain the release of such animal, upon paying the $18.00 reclaiming fee and the sum of $5.00 per day boarding fee for each day the animal was impounded for the first offense. If such animal is not claimed within five days from date of notice, the animal may be disposed of in an appropriate manner.

(Code 1968, § 5-4; Ord. No. 1041, § 1(5-4), 12-3-91)

It is unlawful for any owner to allow any animal to annoy or become offensive to the neighborhood or to persons in the near vicinity, whether on public or private property.

(Code 1968, § 5-5; Ord. No. 1041, § 1(5-5), 12-3-91)

(a)

When any dog or other animal or fowl owned by or in the custody or control of any person or found in any person's private property dies, such person shall, within 24 hours, provide for the burial, incineration, or other disposition of the body of such dead animal or fowl in a safe and sanitary manner.

(b)

It shall be unlawful for any person to dispose of the body of such dead animal or fowl in any public or private property, other than his own, without proper authorization from the animal control office.

(Code 1968, § 5-26; Ord. No. 1041, § 1(5-26), 12-3-91)

(a)

No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, dangerous or nondomestic animal without first applying to and receiving special authorization of the city manager, other duly authorized persons or the designated agency. The keeping or maintenance of such animals shall also conform to the applicable provisions of the city's zoning ordinance, as well as to any applicable laws promulgated by the state or the federal governments.

(b)

Any person owning or keeping a privately owned wild, dangerous or nondomestic animal, including but not limited to birds (predators and scavengers), primates, cats (other than house cats), reptiles, aquatic animals (carnivores) and varmints, shall pay an annual license fee of $10.00, payable in advance at the time of filing an application.

(c)

Any license issued under this section shall expire at the end of the fiscal year in which such license is issued.

(d)

The procedure for renewal of such license is subject to the same conditions as are applicable to the original license. The city manager, other duly authorized persons or the designated agency may revoke his special authorization and any license issued pursuant to this section whenever he shall determine that any licensee has failed to meet the conditions prescribed in this chapter. Such revocation shall be effective until the licensee has complied with the provisions of this chapter to the satisfaction of the city manager, other duly authorized persons or the designated agency whereupon the city manager, other duly authorized persons or the designated agency shall issue a notice of compliance and the licensee shall be deemed reinstated for the remainder of the original term for which it was issued.

(e)

The city manager, other duly authorized persons or the designated agency is privileged to make reasonable entry upon any premises to enforce the provisions of this section.

(f)

The special authorization of the city manager, other duly authorized persons or the designated agency together with any license issued pursuant to this section shall not be transferable.

(Code 1968, § 5-27; Ord. No. 1041, § 1(5-27), 12-3-91)

(a)

It shall be unlawful to graze, pasture or maintain more than four sheep per acre without first having obtained a permit for such purpose.

(b)

A permit for the grazing of sheep shall be issued by the city manager, other duly authorized persons or the designated agency upon application to the city manager. The application shall include verification that:

(1)

The applicant will provide adequate fencing to prevent sheep from entering upon private property and roadways.

(2)

The city police department shall be notified prior to a sheepherder crossing any public street in the city.

A copy of the lease of the property proposed to be grazed by the sheepherder shall be attached to the application. The sheepherder shall have in his possession at all times a copy of the lease and the identification of the owner of the sheep, together with the owner's phone number and address, and identification of the sheepherder himself, including a manner in which to contact the sheep owner 24 hours a day.

(c)

The fee for each such permit shall be $125.00. Such fee may be amended by resolution of the city council.

(d)

Such application to graze sheep shall be filed with the city manager or the designated agency prior to October 1 of each year.

(e)

A $500.00 cash bond shall be posted with the finance department to indemnify the city for the cost and expense in responding to a breach of the conditions upon which the grazing rights were granted. Such cash bond shall be maintained at $500.00 during the grazing period.

(f)

A violation of this section or any other section of this Code shall be grounds for denial of future licenses.

(Code 1968, § 5-30; Ord. No. 1041, § 1(5-30), 12-3-91)

(a)

Mandatory microchipping. All dogs and cats over the age of four months that have been placed into the animal shelter must be implanted with an identifying microchip as a condition of release consistent with this Code. The owner or custodian of the dog or cat is required to maintain the microchip number, and shall notify the Fontana Police Department ("department") of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the other requirements of this chapter or any other licensing requirements of this section.

(b)

Exemptions. The mandatory microchipping requirements shall not apply to any of the following:

(1)

A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of the fact from a California-licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

(2)

A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California-licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

(3)

A dog or cat that is kenneled or trained in the city, but is owned by an individual that does not reside in the city. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

(c)

Transfer or sale of dogs and cats.

(1)

An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the department of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. The new owner's information must also be provided to the appropriate microchip registry. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the department with the name and address of the new owner is in violation of this section and shall be subject to the penalties set forth herein.

(2)

An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip number must appear on a document transferring the cat to the new owner. The new owner's information must also be provided to the appropriate microchip registry. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the department with the name and address of the new owner is in violation of this section and shall be subject to the penalties set forth herein.

(3)

When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the department of the name and address of the new owner or custodian within ten days after the transfer. The new owner's information must also be provided to the appropriate microchip registry. If it is discovered that an owner or custodian has failed to provide the department with the name and address of the new owner, the owner or custodian shall be subject to the penalties set forth herein.

(d)

[Requirements for the release of the animal.] When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this section, the owner or custodian shall also do one of the following:

(1)

Have the dog or cat implanted with a department microchip by a registered veterinarian technician or veterinarian or designated personnel of the department at the expense of the owner or custodian; or

(2)

Have the dog or cat implanted with a department-approved microchip by a California-licensed veterinarian. The owner or custodian may arrange for another California-licensed veterinarian to perform the implant, and shall pay to the department the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on the department's hourly rate established by the San Bernardino County Auditor-Controller. The veterinarian shall complete the implantation, shall return to the department within ten business days a statement confirming that the microchip has been implanted and providing the department with the number, and shall release the dog or cat to the owner or custodian only after the procedure is complete; or

(3)

At the discretion of the Director of the Fontana Animal Services Team, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten business days of the release, signed by a California-licensed veterinarian, confirming that the dog or cat has been so implanted. The department reserves the right, at its sole discretion, to scan the dog or cat for the microchip to verify implantation.

(e)

Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from a city animal shelter. The fee for an identifying microchip device per animal shall be the amount set forth in the amended fee schedule for animal services fees, adopted by resolution of the city council. If an animal has already been implanted with an identifying microchip, the number shall be entered into the department's registry as required by subdivision (a) of this section.

(f)

Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to the department for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by this department.

(Ord. No. 1725, § 2, 3-24-15; Ord. No. 1728, § 2, 4-28-15)

Secs. 4-9—4-35. - Reserved.