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Home My WebLink About3465 1 2 ORDINANCE NO. ,-311/-;5- ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 821; RECLASSIFYING CERTAIN ORDINANCE VIOLATIONS FROM MIS- DEMEANORS TO INFRACTIONS; AND IMPOSING PENALTIES THEREFOR. 3 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Ordinance No. 821 Section 501 is hereby amended 7 to read as follows: 8 "SECTION 501: ANIMALS. (a) It shall be unlawful for any 9 person, firm or corporation to stable, pasture or keep or cause to 10 be stabled, pastured or kept within 400 feet of a building or 11 structure used or intended for human occupancy., any sheep or bull. 12 (b) It shall be unlawful for any person, firm or corpora- 13 tion to stable, pasture or keep or cause to be stabled, pastured 14 or kept, a cow, steer, any bovine, equine, or caprine animal, 15 (except a horse), a burrow, jack, jenny, mule, sheep, lamb, goat, 16 kid or like animal at a place which has an area of less than one 17 acre, or within 150 feet of a building or structure used or intend d 18 for human occupancy, or within fifty (50) feet of any neighboring 19 property line or street line. 20 (c) It shall be unlawful for any person, firm or corpora- 21 tion to keep or cause to be kept, more than five of the afore- 22 mentioned animals (except cows) or a hog, sow, gilt or boar, at 23 any place in the City. 24 (d) It shall be unlawful for any person, firm or corpora- 25 tion to keep, or cause to be kept, more than twenty-four (24) 26 rabbits within 200 feet of any building or structure used or 27 intended for human occupancy. 28 (e) It shall be unlawful for any person, firm or corpora- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tion to keep, or cause to be kept, more than twelve (12) rabbits or guinea pigs within 100 feet of any building or structure used or intended for human occupancy. (f) It shall be unlawful for any person, firm or corpora- tion to keep, or cause to be kept, any rabbits, or guinea pigs within 50 feet of any building or structure used or intended for human occupancy. (g) The violation of any provision of this section shall constitute an infraction and upon conviction thereof, shall be punishable as provided in Section 2500 (b) of this ordinance. Each and every day such violation shall continue shall constitute a separate infraction." SECTION 2. Ordinance No. 821 Section 502 is hereby amended to read as follows: "SECTION 502: HORSES. (a) It shall be unlawful for any person, firm or corporation to stable, pasture or keep or cause to be stabled, pastured or kept within 400 feet of a building or structure used or intended for human occupancy, any stallion. (b) It shall be unlawful for any person, firm or corpora- tion to stable, pasture or keep or cause to be stabled, pastured or kept more than five horses at any place in the City, except at approved riding stables or academies. (c) It shall be unlawful for any person, firm or corpora- tion to stable, pasture or keep or cause to be stabled, pastured or kept more than three horses at a place which has an area less than between 20,000 square feet and one acre. (d) It shall be unlawful for any person, firm or corpora- tion to stable, pasture or keep or cause to be stabled, pastured -2- 1 or kept, any horse at a place which has an area of less than 2 20,000 square feet or within ten feet of any adjoining property 3 not used for grazing, pasturing or stabling, or in any required 4 front yard area or in a side yard area of a corner lot. 5 (e) It shall be unlawful for any person, firm or corpora- 6 tion to stable or cause to be stabled any horse within 100 feet 7 of, or to pasture or keep or cause to be pastured or kept, any 8 horse within 50 feet of, any building or structure used or intende 9 for human occupancy. 10 (f) The provisions of subsections (b) (c) (d) and (e) of 11 Section 502 became effective on April 19, 1962, EXCEPT that it 12 was not made applicable to any person, firm or corporation who on 13 said effective date and continuously for one year past had been 14 stabling, pasturing or keeping a horse or horses at one place 15 within or immediately without the City, provided said place was 16 not less than 14,000 square feet in area and was enclosed on the 17 area used for stabling, pasturing or keeping on said effective 18 date with a masonry wall not less than six feet in height with 19 a solid self-latching gate; provided, however, that not more 20 than two horses are stabled, pastured or kept at said place at 21 any time or within 50 feet of any building or structure used or 22 intended for human occupancy. 23 (g) Manure shall be removed from said place or premises 24 every three days or shall be spread at a place which has an area 25 of 20,000 square feet or more in a sanitary manner approved by th 26 Health Officer, or shall be maintained in an approved moisture 27 and fly-proof manner. It shall not be kept within ten feet of 28 any adjoining property line. -3- 1 (h) Each person, firm or corporation whO stables, pastures 2 or keeps, or causes or permits the stabling, pasturing or keeping 3 of, a horse or stallion in the City of San Bernardino shall 4 register in the Office of the Supervising Animal Control Officer, 5 and shall provide data concerning the number of horses, the 6 location of such horses and such other relevant information as 7 said Officer may require. 8 (i) The word "horse" as used in this section shall include 9 a filly or colt but not a foal before it is weaned. 10 (j) The words "building or structure" as used in Section 11 501 and 502 shall not mean a building or structure at the place or 12 premises where a horse is stabled, pastured or kept. 13 (k) The violation of any provision of this section shall 14 constitute an infraction and upon conviction thereof, shall be 15 punishable as provided in Section 2500 (b) of this ordinance. 16 Each and every day such violation shall continue shall constitute 17 a separate infraction." 18 SECTION 3. Ordinance No. 821 Section 503 is hereby amended 19 to read as follows: 20 "SECTION 503: FOWLS, ETC. (il) It shall be unlawful for 21 any person, firm or corporation to keep more than twenty-four (24) 22 chickens, ducks,. geese, or turkeys within 100 feet of any house 23 occupied by human beings as a dwelling. 24 (b) It shall be unlawful for any person, firm or corpora- 25 tion to keep any chicken, duck, goose, or turkey within 50 feet 26 of any house occupied by human beings as a dwelling. 27 (e) It shall be unlawful for any firm, person or corpora- 28 tion to keep any peacock within 200 feet of any house occupied by -4- 1 human beings as a dwelling. 2 (d) The violation of any provision of this section shall 3 constitute an infraction and upon conviction thereof, shall be 4 punishable as provided in Section 2500 (b) of this ordinance. 5 Each and every day such violation shall continue shall constitute 6 a separate infraction." 7 SECTION 4. Ordinance No. 821 Section 505 is hereby amende 8 to read as follows: 9 "SECTION 505: NON-DOMESTIC ANIMALS IN CAPTIVITY. (a) No 10 person shall have, keep, maintain, breed, sell, trade or let for 11 hire any wild, exotic, dangerous or non-domestic animal without 12 first applying to and receiving special authorization from the 13 Animal and Parking Control Officer of the City of San Bernardino. 14 The keeping or maintenance of such animals shall also conform to 15 the applicable provisions of the City's Zoning ordinance, as well 16 as to any applicable laws promulgated by the State of California 17 and the Federal Government. 18 (b) The Animal and Parking Control Officer may authorize 19 the keeping or maintaining of any wild, exotic, dangerous or non- 20 domestic animal when, in his sound discretion, such animal may be 21 kept or maintained without endangering the safety of any person, 22 property or other animal, nor create a nuisance, provided, how- 23 ever, that the Animal and Parking Control Officer may require any 24 such animal to be properly caged, tethered, or restrained, and 25 that he may create such additional requirements as may be 26 necessary and proper to ensure the protection of life and propert 27 Any person owning or keeping a privately owned wild, exotic, 28 dangerous or non-domestic animal, including but not limited to, -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 birds (predators and scavengers), primates, cats (other than house cats), reptiles, aquatic animals (carnivore), and varmints, shall pay an annual license fee of five dollars ($5.00), payable in advance at the time of filing an application. Any person owning or keeping multiple animals of the same species shall pay a single fee except that more than three of said animals of the same species shall be deemed to be a menagerie and shall be licensed under section 507 of this ordinance. (c) Any license issued under this section shall expire at the end of the fiscal year in which said license is issued. The procedure for the renewal of such license is subject to the same conditions as are applicable to the original license. The Animal and Parking Control Officer 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 ordinance. Such revocation shall be effective until the licensee has complied with the provisions of this ordinance to the satisfaction of the Animal and Parking Control Officer whereupon said officer 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. (d) The Animal and Parking Control Officer is privileged to make reasonable entry upon any premises to enforce the pro- visions of this ordinance. (e) The special authorization of the Animal and Parking Control Officer together with any license issued pursuant to this section shall not be transferable. (f) The violation of any provision of this section shall -6- 1 constitute an infraction and upon conviction thereof, shall be 2 punishable as provided in Section 2500 (b) of this ordinance. 3 Each and every day such violation shall continue shall constitute 4 a separate infraction." 5 SECTION 5. Ordinance No. 821 Section 517 is hereby amended 6 to read as follows: 7 "SECTION 517: DOGS. (a) It shall be unlawful to own, 8 harbor or keep on or at any lot, premises or place more than 9 three (3) dogs which are four or more months of age, except as may 10 be permitted by the provisions of Ordinance No. 1991. 11 (b) A violation of this section shall constitute an 12 infraction and upon conviction thereof, shall be punishable as 13 provided in Section 2500 (b) of this ordinance. Each and every 14 day such violation shall continue shall constitute a separate 15 infraction." 16 SECTION 6. Ordinance No. 821 section 518 is hereby amended 17 to read as follows: 18 "SECTION 518: (a) It shall be unlawful to own or harbor 19 any dog within the City of San Bernardino, except as herein pro- 20 vided, without securing a license therefor, and maintaining a tag 21 thereon, as herein specified. 22 (b) A violation of this section shall constitute an 23 infraction and upon conviction thereof, shall be punishable as 24 provided in Section 2500 (b) of this ordinance. Each and every 25 day such violation shall continue shall constitute a separate 26 infraction." 27 SECTION 7. Ordinance No. 821 Section 529 is hereby amended 28 to read as follows: -7-' 1 "SECTION 529: (a) It shall be unlawful for any person 2 owning or having charge, custody, control or possession of any dog 3 to permit it to run at large or to run loose and unrestrained in 4 the City of San Bernardino. 5 (b) A violation of this section shall constitute an 6 infraction and upon conviction thereof, shall be punishable as 7 provided in Section 2500 (b) of this ordinance. Each and every 8 day such violation shall continue shall constitute a separate 9 infraction." 10 SECTION 8. Ordinance No. 821 Section 533 is hereby amended 11 by adding thereto subsection (b) to read as follows: 12 "(b) A violation of this section shall constitute an 13 infraction and upon conviction thereof, shall be punishable as 14 provided in Section 2500 (b) of this ordinance. Each and every 15 day such violation shall continue shall constitute a separate 16 infraction." 17 SECTION 9. Ordinance No. 821 Section 703 Subsection (a) 18 is hereby amended to read as follows: 19 "(al Any person, other than a public officer or employee 20 acting within the course and scope of his employment, who enters 21 or remains upon any motor vehicle parking lot, motor vehicle 22 parking structure or facility, "Drive-In" property, shopping 23 center property or any other place or property open to the public, 24 without the implied or express consent of the owner, his agent 25 or person in lawful possession thereof, or with the knowledge 26 that such consent has been withdrawn, is guilty of an infraction 27 and upon conviction thereof, shall be punishable as provided in 28 Section 2500 (b) of this ordinance. Each and every day such -8- 'Y 1 violation shall continue shall constitute a separate infraction." SECTION 10. Ordinance No. 821 Section 2500 is hereby 3 amended to read as follows: 2 4 "SECTION 2500: (a) Any person, firm or corporation who 5 shall violate any of the provisions of this ordinance shall be 6 deemed guilty of a misdemeanor, except those violations of certain 7 provisions herein specified to be infractions, and upon conviction 8 of said misdemeanor, except as otherwise provided herein, shall be 9 punished by a fine not exceeding five hundred dollars ($500.00) or 10 by imprisonment not exceeding six (6) months, or by both such fine 11 and imprisonment, and each such person, firm or corporation shall 12 be deemed guilty of a separate offense for every day such 13 violation shall continue, and shall be subject to the penalty 14 provided for by this section for each and every such separate 15 offense. 16 (b) Any person, firm or corporation who shall violate any 17 of the provisions of this ordinance specified to be infractions 18 shall be deemed guilty of an infraction and upon conviction of 19 said infraction, except as otherwise provided herein, shall be 20 punished by a fine not exceeding fifty dollars ($50.00) for a 21 first violation, a fine not exceeding one hundred dollars 22 ($100.00) for a second violation thereof within one year, and a 23 fine not exceeding two hundred fifty dollars ($250.00) for each 24 additional violation thereof within one year." 25 I HEREBY CERTIFY that the foregoing ordinance was duly 26 adopted by the Mayor and Common Council of the City of San 27 Bernardino at a held on the . //"'~:l , "j J A .. / , (.rYL/r/4i. / ~. " . / d fn,;: II, L. / ay {J- J4~. ../P/./I/,l.J.l:-~/ I meeting thereof, 197~, by the following 28 -9- 11 12 13 14 15 16 17 18 19 o 1 Vote, to Wit: 2 3 AYES: co~nc. iI.eo {;q "71 ",~/j;0 ;/,< ":.' ~;1:., fJ; i ' ' ',""," ;; f: ~2d} Je' i, c1d" R" /i /,' >f(~~'''J > ~~~:.r:',;~;,,/::>;/; ..~ 4 5 6 'NAYS: ABSENT: 7 gC' j ,/ ':"..., -GJ-y... f "7 /f C. V' . . -- ..../.----L /<'~~~t~~~.,..<: . 8 9 ."he foregOing or'Unanee i, hereeby apProved thi Of .f/,,, ~ ,,/4/; c:( l>,;L. . '(. day 10 APPJ:OY~ to fOJ:rn: /""~~ <CJ;ty Att. ney ii 'l Ii .v ___ i...;., L "'.~ ,".. 1:-, _.' . !Lj;E: GOFORTH, C,' ~_ /-/7