San Bernardino Municipal Code Ch. 6.01 General Provisions

The Mayor and City Council find that, in order to protect the residents of the city, and in order to protect the welfare of the animals within the city, the following minimum standards of care for animals within the city shall be established and enforced to encourage responsible animal ownership.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDON. To desert, forsake or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care, as set forth in § 6.01.060, for a period of 48 hours or more.

ADEQUATE CARE or CARE. The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, grooming, the provision of veterinary care when needed to prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal.

ADEQUATE EXERCISE or EXERCISE. The opportunity for the animal to sufficiently move to maintain normal muscle tone and mass for the age, species, size and condition of the animal.

ADEQUATE FEED. Access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

ADEQUATE SHELTER or SHELTER. Provision of, and access to, shelter that is suitable for the species, age, condition, size and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, hail, direct sunlight, standing water, the adverse effects of heat or cold, physical suffering and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this title, kennels whose wire grid or slat floors do not protect the animal’s feet or toes from injury are not ADEQUATE SHELTER.

ADEQUATE SPACE.

(1) Means sufficient space to allow each animal to:

(a) Easily stand, sit, lie, turn about and make all other normal body movements in a comfortable, normal position for the animal; and

(b) Interact safely with other animals in the enclosure.

(2) When an animal is tethered, ADEQUATE SPACE means a tether that permits the actions in divisions (1)(a) and (1)(b) above and is appropriate to the age and size of the animal according to professionally accepted standards for the species; is attached to the animal by a properly applied collar, halter or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least eight feet in length, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of ADEQUATE SPACE.

ADEQUATE WATER. Provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

AMBIENT TEMPERATURE. The temperature surrounding the animal.

ANIMAL. Any non-human vertebrate species including fish, except those fish captured and killed or disposed of in a manner consistent with contemporary practices.

ANIMAL SHELTER. A facility operated by any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town or incorporated humane society or society for the prevention of cruelty to animals.

COLLAR. A well-fitted device, appropriate to the age and size of the animal, attached to the animal’s neck in such a way as to prevent trauma or injury to the animal. A chain is not considered an acceptable COLLAR, except during training sessions under the direct supervision of an owner or handler.

COMPANION ANIMAL. Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird or any animal under the care, custody or ownership of a person or any animal which is bought, sold, traded or bartered by any person. Agricultural animals, game species or any animals regulated under federal law as research animals shall not be considered COMPANION ANIMALS for the purposes of this title.

DIRECT AND IMMEDIATE THREAT. Any clear and immediate danger to an animal’s health, safety or life.

EMERGENCY VETERINARY TREATMENT. Veterinary treatment to prevent or alleviate suffering, to stabilize a life-threatening condition or to prevent further transmission or progression of disease.

ENCLOSURE. Structure used to house or restrict animals from running at large or harming themselves and should be of appropriate size for the age, species and condition of the animal consistent with generally accepted husbandry standards for the species.

EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness and death during such loss of consciousness.

EXHIBITOR. Any person or business who shows or handles any animals for public or private purposes.

GROOMER. Any person who, for a fee, cleans, trims, brushes, makes neat, manicures or treats for external parasites an animal.

GROOMING. Maintaining an animal’s coat and body condition in an appropriate state for the age and species of the animal, including such things as cleaning, trimming, thinning or brushing the coat, manicuring and removing foreign objects.

HOUSING FACILITY. Any room, building or area used to contain a primary enclosure or enclosures.

HUMANE. Any action taken in consideration of, and with the intent to provide for, the animal’s behavioral and physical health and well-being.

KENNEL. Any establishment in which four or more canines, six or more felines or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling or showing.

LIVESTOCK. All domestic or domesticated: bovine animals (cattle type); equine animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine animals (deer like); caprine animals (goat type); ratite animals (ostrich type); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

OWNER. Any person who:

(1) Has a right of property in an animal;

(2) Keeps or harbors an animal;

(3) Has an animal in his or her care; or

(4) Acts as a custodian of an animal.

PERSON. Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate or other legal entity.

PET SHOP. An establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public.

POULTRY. All domestic fowl and game birds bred in captivity.

PRIMARY ENCLOSURE. Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

PROPERLY CLEANED. Carcasses, debris, food, waste and excrement are removed from the yard, property, house and primary enclosure with sufficient frequency to minimize the animal’s contact with the above-mentioned contaminants; that the primary enclosure is sanitized with sufficient frequency to minimize odors, insects and the hazards of disease preventing the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

PROPERLY LIGHTED. Sufficient illumination to permit routine inspections, maintenance, cleaning and housekeeping of the housing facility, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals.

SANITIZE. To make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

TRANSPORTATION or TRANSPORT. The responsible handling, moving or shipping of animals in the person’s ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.

VETERINARY TREATMENT. Treatment by, or on the order of, a duly licensed veterinarian.

WILD, EXOTIC, DANGEROUS, POISONOUS or NON-DOMESTIC ANIMALS. Any animals not specifically addressed within this title.

REGISTERED ANIMAL. A purebred dog recognized by and registered with the American Kennel Club (“AKC”), United Kennel Club (“UKC”) or other national registry.

(Ord. MC-1214, passed 2-22-2006; Ord. MC-1241, passed 3-6-2007)

(A) Every person, firm, corporation or other business enterprise within the city who owns, conducts, manages or operates any animal establishment for which special authorization and a license is required by this title shall comply with each of the conditions set forth in this chapter.

(B) The owner, manager or operator of any activity or facility subject to this title shall be responsible for any violation of this title by an employee.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

All fees assessed in conjunction with the enforcement of Title 6, “Animals,” shall be established by resolution of the Mayor and City Council.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973; Ord. MC-815, passed 12-17-1991)

Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

(A) Each owner shall provide for each of his or her companion animals:

(1) Adequate feed;

(2) Adequate water;

(3) Adequate shelter that is properly cleaned;

(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species and weight;

(5) Adequate exercise;

(6) Adequate care, treatment and transportation; and

(7) Veterinary care when needed or to prevent suffering or disease transmission.

(B) The provisions of this section shall also apply to every animal shelter, dealer, pet shop, exhibitor, kennel, groomer and boarding establishment.

All reasonable precautions shall be taken to protect the public from the animals and animals from the public.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to physical needs of the animals and consistent with generally accepted husbandry practices.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

Animal runs for commercial operations, such as veterinary clinics or boarding kennels, shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the animal control officer.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the animal control officer.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

Failure of the applicant for a license or permit to comply with any of the conditions enumerated in this title shall be deemed just cause for the denial or revocation of any license or permit, whether original or renewal.

(Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973)

(A) The Animal Control Division shall administer and enforce this title and other titles pertaining to animals or other species; and all provisions of the penal laws of the state relating to cruelty to animals.

(B) In the performance of his or her duties, the Animal Control Director, any animal control officer and any authorized employee of the Animal Control Division shall have the power and authority to enforce the provisions of this title and other titles pertaining to animals or other species, including issuance of notices to appear pursuant to Cal. Penal Code, Part 2, Title 3, Chapters 5C and 5D (commencing with § 853.5), for any offense which is a violation of this title relating to animals and fowl, or any Code of Regulations or penal law of the state relating to animals and fowl or cruelty to animals.

(Ord. 821, passed 8-9-1921; Ord. 3301, passed 10-24-1972; Ord. 3926, passed 4-14-1980; Ord. 3968, passed 9-23-1980; Ord. MC-460, passed 5-15-1985; Ord. MC-1214, passed 2-22-2006)

No person shall abandon any animal. Nothing in this section shall be construed to prohibit the release of an animal, by its owner, to an animal shelter, humane society, SPCA or other private animal rescue group.

(Ord. MC-1214, passed 2-22-2006)

(A) Any livestock, other than bovine animals, found running at large in the city shall be apprehended by the animal control officer. The owner of any apprehended livestock shall pay apprehension fees and daily board and care fees prior to recovering the livestock from the animal control officer. Apprehension fees and board and care fees shall be set by resolution of the Mayor and City Council. Unclaimed livestock may be disposed of by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The Director of Animal Control shall determine minimum bid amounts. Unclaimed livestock not disposed of by a public sale by sealed bids may be destroyed after seven calendar days.

(B) Any bovine animal found running at large in the city shall be apprehended by the animal control officer. Within five days of the apprehension, the owner of any apprehended bovine animal shall pay apprehension fees and daily board and care fees prior to recovering the bovine animal from the Animal Control Office. Apprehension fees and board and care fees shall be set by resolution of the Mayor and City Council.

(C) Within five days from the date of apprehension, the Director of Animal Control shall notify the State Director of Food and Agriculture of any unclaimed bovine animal, horse, mule or burro, and shall turn over to the State Director of Food and Agriculture any bovine animal, pursuant to the provisions of Cal. Food and Agricultural Code, §§ 17001 et seq.

(Ord. MC-21, passed 1-7-1981; Ord. MC-145, passed 3-16-1982)

(A) No person may own, keep, harbor or maintain a dog over the age of four months which has not been spayed or neutered unless the dog is exempt as follows:

(1) The dog is a registered purebred, as defined in § 6.01.020, and has competed in at least one dog show or sporting competition sanctioned by a national registry within the last 365 calendar days or has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from a purebred dog registry;

(2) The animal is unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity. The owner or custodian must obtain written confirmation to that effect from a licensed veterinarian. The statement must also include the date by which the animal may be safely spayed or neutered, if at all possible; or

(3) Dogs used by law enforcement agencies.

(B) After the effective date of this chapter, pet owners will have 60 days to come into compliance. New pet owners or pet owners new to the city will have 60 days to come into compliance.

(A) When a dog is impounded, the owner or custodian may reclaim the animal; provided one of the following occurs.

(1) The owner shows proof the animal is spayed or neutered.

(2) The owner shall pay a spay/neuter deposit of $100 and shall then have 30 days to have the animal spayed or neutered. Upon proof of the spaying or neutering, the $100 deposit will be refunded to the pet owner. Failure to have the animal spayed or neutered in that time frame will result in forfeiture of the deposit.

(3) Exempt animals whose status was denied or revoked under the provisions of § 6.01.180 will be required to comply with division (A)(1) above.

(B) Costs for impoundment.

(1) The owner of an unaltered animal shall be responsible for the costs of impoundment, including outstanding fines, fees or any amount set by the Mayor and City Council.

(2) If any person does not provide proof of the animal owner’s identity or provide satisfactory proof of ownership, claim the animal and pay any sums due prior to the expiration of the holding period prescribed by state law, the animal shall become the property of the city.

The Department may deny or revoke an unaltered dog license or exempt status for one or more of the following reasons.

(A) The pet owner is not in compliance with all of the requirements of § 6.01.160(A)(1).

(B) The Department has received at least one complaint, in writing, by a complainant and verified by the Department, that the pet owner has allowed the dog to run loose or escape.

(C) The pet owner was previously cited for violating a state law, county code or other municipal provision relating to the care and control of animals.

(D) The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous or vicious.

All fines and forfeited deposits collected under § 6.01.160 shall be paid to the Spay/Neuter Trust for the purpose of providing assistance to the public in the spaying and neutering of dogs and cats.

(Ord. MC-1214, passed 2-22-2006; Ord. MC-1241, passed 3-6-2007)