San Bernardino Municipal Code Ch. 6.08 Dogs

The Mayor and City Council find that local governments are required to adopt policies for the protection of the public against rabies pursuant to the state rabies control program and Cal. Health and Safety Code, § 121690. In order to maintain compliance with relevant state and county requirements, the following chapter is enacted.

It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than three dogs which are four or more months of age, except as may be permitted by the provisions of Title 19.

(Ord. 821, passed 8-9-1921; Ord. 2926, passed 7-30-1968; Ord. 3613, passed 12-20-1976; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person, firm or corporation to own or harbor any dog within the city, except as provided in this chapter, without securing a license therefor, and maintaining a tag thereon, as specified in this chapter.

(Ord. MC-639, passed 9-22-1988)

(A) Each person, firm or corporation owning, harboring or having custody or control of a dog of the age of four months or more within the city shall obtain at least annually a license and tag for the dog. License and tag fees are payable in advance. If the appropriate fee is not paid when due, a delinquency penalty shall be added to the fee. A fee shall be charged for any additional tag issued to replace a lost, stolen, misplaced or damaged tag and shall be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee for a new license for the remainder of the licensing period in which the transfer occurs. If a dog has a current license from another licensing jurisdiction and has a current rabies vaccination, said license shall be recognized by the city upon a payment of a transfer fee.

(B) If any person, firm or corporation acquires the ownership, custody or control of a dog, the new owner shall obtain the license required by this title within 30 days after acquiring the ownership, custody or control of such dog, if the dog is then of the age of four months or more, or within 30 days after such dog attains the age of four months. The license shall expire the same month as the month the rabies vaccination expires. The first license fee for a dog may be prorated to expire at the same time as the rabies vaccination expires.

(C) Monies received during the current year for a license shall be first applied to the payment of delinquent fees, sums and penalties due during the preceding year(s), and any balance remaining thereafter shall be applied to the payment of the current license fees and penalties. A license issued during any prior year to the same owner for license shall be prima facie evidence in any court or administrative proceeding that the dog was continuously owned by the same owner from the prior year to the current year.

(Ord. 821, passed 8-9-1921; Ord. 3577, passed 6-7-1976; Ord. 3937, passed 5-12-1980; Ord. MC-50, passed 5-7-1981; Ord. MC-363, passed 4-17-1984; Ord. MC-528, passed 7-9-1986; Ord. MC-639, passed 9-22-1988; Ord. MC-1214, passed 2-22-2006)

No license to own or harbor a dog, as provided in this chapter, shall be issued except upon an application to authorized employees of the city setting forth the name and address of the owner or possessor of the dog, a brief description of the dog and proof of the vaccination of the dog to prevent rabies.

(Ord. 821, passed 8-9-1921; Ord. 3452, passed 10-30-1974)

Authorized employees of the city, upon the receipt of such application and the license fee aforesaid, shall issue and deliver to such owner or possessor a license certifying the payment of the license fee, and setting forth the name and address of the applicant and a brief description of the dog, and the number allotted to such dog, and, upon receipt of the requisite fees, shall deliver to the applicant a tag which shall set forth the date of the license, and the number allotted to such dog, which tag shall at all times be affixed to the collar, harness or other article worn by such dog; provided, however, that no license for a dog shall be issued unless the owner shall have paid the license fee required therefor and shall have exhibited to authorized employees of the city a certificate of the vaccination of the dog to prevent rabies, signed by a duly licensed veterinarian.

(Ord. 821, passed 8-9-1921; Ord. 1482, passed 10-20-1931; Ord. 3307, passed 11-9-1972)

[Reserved]

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

This chapter shall not be applicable to dogs under the age of four months, and which are kept within enclosures and are not permitted to run at large.

(Ord. 821, passed 8-9-1921; Ord. 2561, passed 3-3-1964)

The city shall not sell, for research purposes, any animal to any person or organization.

(Ord. 821, passed 8-9-1921; Ord. 3185, passed 7-13-1971; Ord. 3803, passed 2-8-1979; Ord. 3827, passed 5-22-1979; Ord. 3965, passed 9-10-1980; Ord. MC-50, passed 5-7-1981; Ord. MC-88, passed 8-4-1981; Ord. MC-145, passed 3-16-1982; Ord. MC-266, passed 4-21-1983)

(A) Every person, firm or corporation who owns, harbors, keeps or possesses, or has in his or her care, charge, custody or control, any dog over four months of age shall cause such dog to be vaccinated against rabies by or under the direction of any duly licensed veterinarian, with a rabies vaccine approved by the State Department of Health Services for use in dogs. Such vaccinations shall be repeated at intervals specified by the State Department of Health Services in order to maintain adequate immunity. Compliance with the rabies vaccination provisions shall be a condition to the issuance or renewal of a dog license.

(B) Each duly licensed veterinarian who vaccinates or causes or directs to be vaccinated any animal with a rabies vaccine shall complete and sign a rabies certificate in triplicate. The veterinarian shall keep one copy and shall give one copy to the owner or keeper of the vaccinated animal. The veterinarian shall submit to animal control a legible copy of each certificate within five days of the beginning of each month, for any animal so vaccinated during the previous month.

(Ord. 821, passed 8-9-1921; Ord. 2561, passed 3-3-1964; Ord. MC-639, passed 9-22-1988; Ord. MC-833, passed 5-19-1992)

It is unlawful for any person, firm or corporation to own or harbor any dog that has not been vaccinated as required by, and in the manner set forth in, § 6.08.100.

(Ord. 821, passed 8-9-1921; Ord. 2171, passed 5-13-1957; Ord. 3465, passed 12-17-1974; Ord. MC-460, passed 5-15-1985; Ord. MC-639, passed 9-22-1988)

Notwithstanding any other provisions of this chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because of a specified illness or condition. Old age, debility and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates are subject to approval of the Animal Control Division and shall be valid only for the duration of the illness. Exemption from vaccination does not exempt the dog from the licensing requirement.

(Ord. MC-833, passed 5-19-1992)

The animal control officer, or authorized city employee, shall impound, for a period of time as prescribed by state law, any dog found running at large or unrestrained in the city. If any person does not provide proof of the owner’s identity or satisfactory proof of ownership and claim the dog and pay any sums due, including outstanding fines or fees for violations of this title, license fees or fees set by the Mayor and City Council, prior to the expiration of the period prescribed by state law, the dog shall become the property of the city and may be disposed of by authorized employees of the city.

(Ord. 821, passed 8-9-1921; Ord. 3452, passed 10-30-1974; Ord. MC-50, passed 5-7-1981; Ord. MC-528, passed 7-9-1986; Ord. MC-625, passed 5-4-1988)

(A) Persons owning, having control or custody of any dog or other animal shall, at all times, keep the animal on a leash (except in an authorized off-leash dog park) or secured by the other suitable means of restraint or confined by a fence on their property or the private property of another, with the permission of the owner of that property, so as to prevent the animal from being at large, biting or harassing any person engaged in a lawful act, interfering with the use of public property or with the use of another person’s private property or being in violation of any other section of this title.

(B) The provisions of division (A) above shall not apply to the following:

(1) Any dog used by a law enforcement agency;

(2) Any dog while participating in a formal dog obedience training program or any dog participating in a dog show or other program expressly permitted or sponsored by the city; and

(3) Any dog within a posted off-leash area in any city park, as established by resolution of the Mayor and City Council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog nor shall this division (B)(3) be construed as relieving such person from any liability for any damages arising out of his or her use of an off-leash area.

(C) In order to be subject to the exemption set forth in division (B)(3) above, all persons must comply with all requirements of law and the following rules and regulations when utilizing any off-leash area.

(1) No dog is permitted in an off-leash area except when in the care, custody and control of a person at least 13 years old. Any person under 13 years of age must be accompanied by, and be under the direct supervision of, an adult. No person may have more than two dogs in an off-leash area at any one time. No dogs are permitted in the off-leash area except during posted hours of operation.

(2) All dogs must be at least four months of age, vaccinated for rabies and currently licensed by the City Animal Control Division. No dog that is sick, in heat, injured or less than four months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any off-leash area.

(3) Any person having care, custody or control of a dog in an off-leash area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog.

(4) No animals other than dogs are permitted in any off-leash area.

(5) The designated hours of use for the off-leash area shall coincide with the regular hours of the park as designated by § 12.68.020.

(6) As a condition of admission to an off-leash area, the owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of dog feces.

(7) Any person having care, custody or control of a dog in the off-leash area must have, in his or her possession, a leash for such dog which shall be worn by the dog at all times the dog is not in the off-leash area.

(8) All persons will otherwise comply with all rules governing city parks and all relevant parking regulations.

(9) The use of an off-leash area by any dog shall constitute consent of the dog’s owner, or any person having the care, custody or control of the dog, to strictly follow the rules in § 6.08.140 and shall constitute a waiver of liability to the city, its elected officials, officers and employees; an assumption of all risks; and an agreement and undertaking to protect, indemnify, defend and hold harmless the city, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the off-leash area.

(D) Any person violating any provisions of this section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as set forth in Chapter 1.12.

(E) The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by 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.

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

(A) Any person walking a dog on a leash on public property, including sidewalks, and the private property of others, must keep the dog on a leash and under physical control being able to restrain the movement of the dog with the leash at all times. The leash must be kept in good condition, of sufficient strength to prevent breaking under pressure and of material generally resistant to chewing or gnawing by an animal. The leash must be of a length to control the dog from harassing pedestrians or other animals at all times.

(B) (1) Fencing must be adequate in terms of size to the number of dog(s) contained in the fenced area to prevent the dog(s) from escaping, of recognized construction methods and in compliance with all other sections of the municipal code. Gates must be properly secured by a latching or locking mechanism and the height and condition of the fence must be able to prevent the dog(s) from escaping.

(2) A fence should be at least two and one-half times the height of the dog’s shoulder when the dog is standing on four legs and be in compliance with all other sections of the municipal code. However, should a dog be able to escape from a fenced yard, either by climbing, jumping or digging, additional fencing height, kennels or other restraint methods may be required in addition to fencing. Fencing must be maintained in continued good condition. Existing fencing regardless of height will be considered an acceptable means of restraint unless and until a written complaint is filed with the Division of Animal Control and evaluated, or if fencing allows dogs to reach over and harass people on adjacent private property or people on the public right-of-way.

(C) Invisible fencing may be used as an alternative to traditional fencing as long as the system is installed by an authorized dealer of such products and set up and maintained in the following manner:

(1) The owner and handler of the dog receive training regarding the use and maintenance of said system;

(2) The owner or handler must post signs visible from the public streets or driveways sufficient to alert the general public upon approaching the property where the fencing is located; and

(3) Two signs are required stating that the “Dog is confined by electronic device;” the name, address and telephone number of the company; any trademark and/or logo of either the company that installed the system or the company that maintains the system. Signs shall be at least six inches by eight inches and be displayed in a prominent and visible location.

(D) Dog kennels must be tall enough to prevent the dog(s) from jumping over, or have a secure top, and must be able to prevent dog(s) from digging out. Kennels must have a minimum of 100 square feet for one dog, plus an additional 25 square feet for each additional dog in the same enclosure.

(E) Cable runs are authorized as an alternative to fencing or kennel runs. Cable runs must allow the animal freedom of motion to move about at will within a protected area on the property without becoming tangled in obstacles. The cable runs shall be located in the yard area so as to prevent the dog from traversing upon another person’s property, public sidewalks or public property, and from charging and harassing persons and pedestrians utilizing these properties. Cables must be sized according to the manufacturer’s specifications for the weight of the animal.

(F) Tie-outs must be of sufficient length to allow the animal freedom of movement without becoming tangled, but never less than eight feet in length, excluding the length of the collar. Tie-outs must be made of a non-rigid material. Tie-outs shall not be the primary means of restraint and no animal shall be kept in this manner for more than three hours a day.

(G) It is unlawful to use a weighted chain collar as a method of restraint.

(H) No person shall use a dog as a weapon or to threaten or harass other person(s) or animal(s), or keep a dog in such a manner wherein the dog charges a fence, leaps up and reaches across the fence in an assaultive manner to a pedestrian on public property or a neighbor legally on private property.

(I) If a dog is found running at large by the city animal control, the incident shall constitute prima facie evidence that current restraint methods are inadequate, and the owner shall be required to correct any conditions that permitted the dog to run at large, and provide such additional restraints as are necessary to secure and maintain the future restraint of the dog.

(Ord. MC-1214, passed 2-22-2006; Ord. MC-1264, passed 2-19-2008)

(A) The same vaccination procedure and exemption shall apply to other animals if the Director of Animal Control or designated officer shall deem this prudent to ensure the safety of the public based on the recommendations of the State Department of Health Services.

(B) Animals shall be vaccinated against rabies with a vaccine currently licensed for use in such animal(s) in the United States and approved for use in such animal by the State Department of Health Services.

(Ord. MC-833, passed 5-19-1992)

(A) Any person having knowledge of an animal bite to a human being shall report such bite to the Animal Control Division immediately.

(B) An owner or custodian of any dog or cat which is known to have been bitten by or having contact with a rabid animal or by an animal suspected of having rabies shall immediately notify the Animal Control Division.

(Ord. MC-833, passed 5-19-1992)

(A) Any dog or cat found within the city reasonably suspected of having rabies, having contact with a rabid or suspected rabid animal or exhibiting the common symptoms of such disease shall be taken into custody immediately by the animal control officer and confined in the city animal shelter or at a private veterinarian establishment approved by the Director. The animal shall be kept in solitary confinement for such time as recommended by the State Department of Health Services to determine whether the animal is afflicted with rabies.

(B) At the time any such animal is impounded, an attempt shall be made to discover whether the animal has been vaccinated previously against rabies. If it is found that such animal has not been vaccinated effectively, then such animal shall be vaccinated by a licensed veterinarian after the last day of the observation period described in division (A) above, unless the animal is humanely destroyed pursuant to division (C) below.

(C) The animal control officer may cause to be humanely destroyed any dog or cat which, in the opinion of a veterinarian or animal health technician, has rabies, or is in need of confinement pursuant to division (A) above, but such confinement is impossible or impractical. In such circumstance, the animal control officer shall arrange to have the head of such dog or cat examined for the purpose of confirming rabies. If the opinion of a veterinarian or animal health technician is not reasonably obtainable, the officer may act on his or her own opinion.

(D) All expenses incurred with the enforcement of the provisions of this section shall be borne by the owner or custodian of the dog or cat.

(Ord. MC-833, passed 5-19-1992)

(A) Every dog or cat which has bitten a person, or is suspected of having bitten a person, shall be quarantined away from other animals for a period of ten days from the date of the bite, or other period of time as determined by the State Department of Health Services. The animal control officer may order the animal quarantined at the shelter, at a private veterinarian clinic or at the home of the owner, depending on the conditions of the bite, the severity of the bite, previous bite history, the owner’s ability to satisfy quarantine orders and whether or not local ordinances were in observance at the time of the bite.

(B) If the animal does not have a current rabies vaccination, it shall not be vaccinated until the end of the quarantine period.

(C) The animal control officer may cause to be humanely destroyed any dog or cat when, in the opinion of a veterinarian or animal health technician, such confinement as described in division (A) above is impossible or impractical. In such cases, the animal control officer shall arrange to have the head of such dog or cat examined for rabies. If the opinion of a veterinarian or animal health technician is not reasonably obtainable, the officer may act on his or her own opinion.

(D) All expenses incurred with the enforcement of the provisions of this section shall be borne by the owner or custodian of the dog or cat.

(Ord. MC-833, passed 5-19-1992)

Any animal, other than a dog or cat, which has bitten a person, has had contact with a rabid or suspected rabid animal, is reasonably suspected of having rabies or exhibiting the common symptoms of rabies shall be confined for quarantine purposes or destroyed in accordance with the recommendations of the State Department of Health Services or the local health officer.

(Ord. MC-833, passed 5-19-1992)

It is unlawful to conceal, withhold or refuse to surrender any animal that is suspected of being rabid, has been bitten by a rabid or suspected rabid animal or that has bitten a person to prevent it from being confined or destroyed in accordance with this chapter.

(Ord. MC-833, passed 5-19-1992)

(A) No person shall transport or carry, on any public highway or public roadway, any dog(s) or other animal(s) in a motor vehicle, unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device that is adequately ventilated and that will prevent the dog(s) or other animal(s) from falling from, being thrown from or jumping from the motor vehicle.

(B) No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health or welfare.

No person shall fail to control or restrain an animal thereby allowing it to bite a person or domestic animal on public property or lawfully on private property. A BITE is defined as a puncture wound that breaks the skin.

(Ord. MC-1214, passed 2-22-2006; Ord. MC-1264, passed 2-19-2008)