The following words and phrases shall, for the purpose of this Chapter, be defined as follows; unless it is clearly apparent form the context that another meaning is intended.

(a)

A "cat" shall mean a feline of either sex, altered or unaltered, that has reached the age of four (4) months.

(b)

A "dog" shall mean a canine of either sex, altered or unaltered, that has reached the age of four (4) months.

(c)

"Code Enforcement Officers" means the City Code Enforcement Officer or his designee.

(d)

"Domestic animal" means dogs, cats, canaries or birds of the psittacine family and fish.

(e)

A "pet," herein defined shall mean any animal that is kept and cared for, which is for companionship, protection, or adornment of a home. Pets shall include, but not be limited to; dogs, cats, ornamental or song birds, fish, or small animals kept in a cage such as hamsters, white mice, reptiles, etc. Pets shall not include poultry or animals, kept for profit or sale, or animals not permitted by the laws of the State of California or the County of San Bernardino.

(f)

As used herein, "residential unit" means a single-family residence, including a manufactured home or unit in a multi-family residential structure, and the surrounding yard or grounds belonging to that unit.

(Ord. 112 §2, 1993)

Pets may be kept in any residential unit; provided, the keeping of said pets does not constitute a nuisance, hazard or other detriment to the health, safety or general welfare of the community by reason of problems, including, but not limited to, noise and odor.

(a)

Dogs And Cats.

(1)

Numbers of dogs and cats that may be kept.

Dogs and/or cats (as defined) may be kept in a residential unit in the following numbers maximum except as set out in subsection (b) of this section or where they create a public nuisance, regardless of their number.

(A)

OSR, Open Space Residential (RCN):

Four (4) dogs and/or four (4) cats.

(B)

E, Estate (Rural Living):

E-1 (Rul-1) - three (3) dogs and/or three (3) cats, or any three (3) in combination;

E-2.5 (Rul-2.5) three (3) dogs and three (3) cats;

E-5 (Rul-5) four (4) dogs and four (4) cats total per lot.

(C)

RS, Single Family Residential:

RS-1 - three (3) dogs and/or three (3) cats;

RS-2 - three (3) dogs or three (3) cats.

RS-3 - two (2) dogs and one (1) cat or two (2) cats and one (1) dog.

RS - two (2) dogs or two (2) cats.

(D)

RM, Multiple Family Residential:

Detached Single Family Residences - two (2) dogs or two (2) cats;

Attached units - one (1) dog or one (1) cat.

(E)

Legal Nonconforming Residences in Non-residential Zones:

Detached Single Family Residences one (1) acre or larger - three (3) dogs and/or three (3) cats.

Other Detached Residential Dwellings - two (2) dogs or two (2) cats.

Attached Units - one (1) dog or one (1) cat.

(2)

Additional Animal Entitlement Permit (AAEP).

(A)

Except in the case where a kennel or a cattery is duly approved, the entitlement of any residence shall not exceed four (4) dogs and four (4) cats. Where the zoning entitlement is less than four (4) dogs and/or four (4) cats an additional animal entitlement up to either four (4) dogs or four (4) cats, not both, may be permitted by the issuance of an Additional Animal Entitlement Permit (AAEP).

(B)

An AAEP Permit may be issued by the Animal Control Officer (ACO) upon receipt of a completed application on forms provided by the City and receipt of a cost recovery fee as established by City Council Resolution.

(C)

A granted AAEP is valid only for the specific animals, property and owner identified in the application. Such an AAEP is neither transferable to another property or owner of the same property, nor applicable to any other animal or other type of animal or animal owner other than the ones identified in the application.

(D)

In granting or denying an AAEP Permit, the ACO shall apply the following criteria:

(i)

There are unusual or extenuating circumstances that warrant the consideration of the permit;

(ii)

The property in question is suitably sized and equipped to accommodate the requested additional animals without creating noise or odor problems;

(iii)

The residences abutting or in close proximity (i.e., within one hundred fifty feet (150′)) are given written notice of the consideration of the request and are given at least five (5) working days to respond in writing expressing any concerns;

(iv)

In no case shall an AAEP for additional animals be granted on property that is registered as a location for a dangerous or vicious animal, or for any party that has a history of violations of City Ordinances;

(v)

In granting an AAEP, the ACO may set a time limit provided that the permit shall be valid for at least six (6) months;

(vi)

If at any time after the issuance of an AAEP, the ACO determines through the receipt of sufficient evidence, that the additional animals have become a nuisance or a problem to the area, the ACO may suspend or revoke the Permit, subject to the applicants right of appeal.

(E)

The ACO shall render a decision on the granting or denial of an AAEP within fifteen (15) working days after finding the application complete. Written notice of the decision shall be given to the applicant and any person who has responded to the proposal in writing. The applicant, in the case of denial, revocation or suspension, or any of the notified neighbors, in the case of approval, may file an appeal of the decision of the ACO. The appeal shall be in writing, be filed with the City within ten (10) days of the date of decision and be accompanied by the appropriate fee for appeals set by the City Council. The appeal must state the reason for the appeal and where, in the opinion of the appellant, the ACO erred in the decision. In the case that an appeal is duly filed, a noticed public hearing shall be conducted by the Planning Commission, said notice given not less than ten (10) days prior to the hearing date. Notice shall be published in a newspaper of general circulation and mailed to the applicant, the appellant (if different) and any person who responded to the consideration in writing. After conducting the public hearing, the Planning Commission shall render a decision. The Planning Commission's decision shall be final and conclusive.

(b)

Ornamental And Song Birds. Twenty-five (25), unless an aviary is permitted by the applicable Zoning or Land Use District Regulations. No AAEP is required or available for larger numbers.

(c)

Other Small Rodents And Reptiles. Twenty-five (25), if kept indoors in cages. No AAEP is required or available for larger numbers.

(d)

Fish. No specified limit.

(e)

Poultry.

(1)

Except for the OSR (RCN) and the E (Rul) Zones, no poultry shall be permitted on a property except where both, the property is at least one (1) acre in size and the ACO has issued an AAEP pursuant to subsection (a) of this section.

(2)

Subject to subsection (e)(1) of this section, the following ratios apply to the keeping of poultry:

(A)

OSR (RCN): one hundred (100) per acre;

(B)

E (Rul): fifty (50) per acre, maximum two hundred (200);

(C)

All other zones: twenty-five (25) per acre, maximum one hundred (100).

(f)

Unlawful to Exceed Limits. It is unlawful to keep a number of dogs, cats, birds or poultry exceeding the numbers set out in subsections (a) through (e) of this section, except as may be otherwise approved by kennel license or use permit.

(Ord. 112 §3, 1993)

Except as otherwise approved by kennel license or use permit, pens, coops, stables, barns, kennels, corrals or similar structures used for the keeping of poultry or animals may be erected, placed or maintained only as follows:

(a)

Dwelling Unit. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within twenty feet (20′) (6.10m) of any dwelling on the same lot or parcel of land.

(b)

Front Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within seventy-five feet (75′) (22.86m) of any front lot line.

(c)

Side Street. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within seventy-five feet (75′) (22.86m) of any side street or closer to any side street line than a distance equal to one-half (½) of the width of the lot or building site abutting such side street, whichever distance is lesser.

(d)

Interior Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within fifteen feet (15′) (4.57m) of any interior side lot line.

(e)

Rear Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within ten feet (10′) (3.05m) of any rear lot line; provided, however, where the rear lot line is parallel with and contiguous to any alley, such structures may be erected, placed or maintained up to such rear lot line, except that this provision shall not authorize the erection, placement or maintenance of any accessory building or structure in the rear yard of any agricultural use.

(Ord. 112 §4, 1993)

No pet or group of pets, regardless of the number permitted, shall be kept or maintained in any manner so as to constitute a nuisance, hazard or other detriment to the public health, safety or general welfare of the community or neighborhood wherein the pet or pets are kept or maintained, including, but not limited to any condition resulting in breeding flies, mosquitos, gnats or rodents, or other pests, the failure to remove animal waste; or allowing excessive disturbing or offensive noise, such as barking, whining, growling or bleating.

(Ord. 112 §5, 1993)

The City Manager shall assign an Administrative Hearing Officer; who may be any City employee other than a Planning Commissioner, Councilmember or an employee of the Animal Control Department; to conduct an administrative hearing to consider evidence as to whether any pet or pets constitute a nuisance, hazard or detriment to the community or neighborhood. Such hearings may be initiated by either:

(a)

Submittal of a petition signed by twenty-five percent (25%) of the neighbors within three hundred feet (300′) (91.44m) of the property on which the pet or pets are kept or maintained, stating the basis of the nuisance allegation; provided, that there is a minimum of five (5) valid signatures; or

(b)

By the recommendation of duly authorized investigating officer employed by, or contracted by, the City of Twentynine Palms Animal Control Department or any duly established police agency; based upon the officer's findings during the investigation of the situation.

(Ord. 112 §6, 1993)

If the person having charge, care, custody and control of the pet, takes necessary corrective measures in advance of the hearing and so notifies the Code Enforcement Officer or develops a plan to correct the problems which is acceptable to the Code Enforcement Officer, the hearing may be canceled or postponed based upon the determination of the Code Enforcement Officer.

(Ord. 112 §7, 1993)

(a)

Administrative Hearing. Upon proper initiation of a Nuisance Hearing the Code Enforcement Officer shall schedule an administrative hearing and notify, by mail, all property owners within three hundred feet (300′) (91.44m) of the subject property of the time and place of said hearing. Said notice shall be given not less than ten (10) days after receipt of the petition or administrative initiation.

(1)

During the conduct of the hearing, the Administrative Hearing Officer shall take testimony or receive evidence pertaining to the alleged nuisance violation. This testimony shall be that on which reasonable people would rely.

(2)

Upon completion of the hearing the Administrative Hearing Officer shall determine:

(A)

Whether the evidence placed on the record is sufficient to support findings that a nuisance exist; and

(B)

If findings, based upon evidence presented at the hearing, indicate that a nuisance does in fact exist, determine the manner in which said nuisance shall be abated and the date by which said nuisance shall be abated. After service of an Order of the decision of the Hearing Officer, abatement measures may include but are not limited to the following actions: seizure of the animals in question, in severe cases; the City contracting for the cleaning and removal of any physical nuisance and billing the property owner for such costs, including legal and administrative costs; the City placing a cloud on the title of the property designating that it is under violation of City Code, until such time as the nuisance is abated; and, notifying the County Tax Collector to place a lien on the tax bill of the property to cover any unpaid bills imposed upon the property owner for public costs to correct deficiencies or abate nuisances.

(b)

Appeal of Hearing Officer's Decision Procedure. Any party aggrieved by the decision of the Administrative Hearing Officer may appeal such decision to the Planning Commission who shall set a date for an appeal hearing and notice said hearing in accordance with the procedures established in Section 8.01.090.

(Ord. 112 §8, 1993)

(a)

The Hearing Officer shall within ten (10) days of the close of the hearing give written notice of the decision to the person having care, custody, charge or control of the pet and any other person requesting the same in writing. The notice shall contain an order of abatement, if a nuisance has been determined to exist, directed to the person having custody, care, charge or control of the pet, and shall set forth the nature of the nuisance, its location and time and manner of its abatement.

(b)

Abatement measures may include a requirement that the number of pets at a residence be reduced; that animal wastes be removed or that noisy pets be silenced or removed.

(c)

Where an appeal is filed as provided in Section 8.01.090, the order of abatement shall be suspended pending the review of the determination in the manner set forth in the ordinance codified in this Chapter.

(Ord. 112 §9, 1993)

(a)

The person having care, custody, charge or control of the pet shall have the right of the appeal to the Planning Commission.

(b)

The appeal shall be filed with the Secretary to the Planning Commission within five (5) working days following receipt of the written decision of the Hearing Officer. The appeal shall be in writing and shall state the grounds for the appeal. The appropriate appeal fee must be paid at the time of submission to the City.

(c)

The Secretary to the Planning Commission shall set the matter for a de novo hearing before the Planning Commission at a date and time not less than fifteen (15) nor more than thirty (30) calendar days following the filing of the appeal. The ACO shall then notify the appellant and the person having custody, care, charge or control of the pet by mail of the date and time of hearing.

(d)

The fee for the processing of an appeal shall be established or changed by the City Council resolution.

(e)

The Hearing Officer shall provide its files regarding the matter to the Secretary to the Planning Commission at the time notice of the hearing is given.

(Ord. 112 §10, 1993)

(a)

At the time and place for such hearing, the Planning Commission shall hear from staff and shall receive all relevant oral and written evidence on the alleged violation. The Planning Commission may continue the hearing from time to time.

(b)

If the Planning Commission finds from the evidence presented at its hearing that the action taken was in conformity with the provisions of this Chapter, it shall require compliance with the order of abatement within thirty (30) calendar days after the mailing of a copy of its order to the person having care, custody, charge or control of the pet unless a period of time in excess of thirty (30) calendar days is specifically authorized within which to abate the nuisance.

(c)

If the nuisance is not abated within the thirty (30) day period or within such longer period as the Commission may provide, the Code Enforcement Officer expressly is authorized and directed to enter upon the premises for the purpose of abating the nuisance.

(Ord. 112 §11, 1993)

A copy of the Commission's order shall be mailed to the appellant, the person having charge, care, custody and control of the pet and to any other person requesting the same, by the ACO within five (5) working days after conclusion of the hearing and decision. The Commission's decision shall be final and conclusive. Pursuant to the Code of Civil Procedure Section 1094.6, any action to review the decision of the Commission shall be commenced not later than the ninetieth (90th) day after the date the Commission's order is adopted, and the statement of decision shall so provide.

(Ord. 112 §12, 1993)

Where the Code Enforcement Officer is required to cause the abatement of a public nuisance pursuant to the provisions of this Chapter, an accounting of the costs shall be kept including incidental expenses of abatement. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the City in the preparation of notices, including legal, inspection, animal control or related costs. Upon conclusion of the abatement, the Code Enforcement Officer shall submit an itemized statement of costs to the City and set the same for a hearing before the Planning Commission. The Code Enforcement Officer shall cause notice of the time and place of the hearing to be given to the person having care, custody, charge or control of the pet, the owner of the residential unit (where different) and to any other interested person requesting the same, by United States mail, first class, postage prepaid, to the person at his last-known address at least five (5) calendar days in advance of the hearing.

(Ord. 112 §13, 1993)

At the time and place fixed for receiving and considering the report, the Planning Commission shall hear and pass upon the report of the Code Enforcement Officer together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon the Planning Commission shall make such revision, correction and modification as it deems just, after which the report is submitted, and as revised, corrected or modified, may be confirmed. The hearing may be continued from time to time. The decision of the Planning Commission shall be subject to appeal to the City Council in the time and manner set forth in Sections 8.01.090 and 8.01.100.

(Ord. 112 §14, 1993)

The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessments against the respective lot or parcel of land to which it relates; and, after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the costs, a copy thereof shall be transmitted to the tax collector for the City, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 112 §15, 1993)

Nothing in this Chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter, or to it from pursuing any and all other remedies legally available.

(Ord. 112 §16, 1993)

(a)

Penalty. The person having custody, care, charge or control of any such pets who maintains any public nuisance as defined in this Chapter, or who violates an order of abatement made pursuant to Section 8.01.080, or is in violation of any other provision of this Chapter is guilty of an infraction, punishable as set out in the City Ordinance No. 88-21.

(b)

Warning Required. Notwithstanding subsection (a) of this section, no citation shall be given for such an infraction without twenty-one (21) calendar days prior written notice to the owner or occupant of the residential unit in violation of the requirements of this Chapter and a request to comply therewith.

(Ord. 112 §17, 1993)

San Bernardino County Code Section 32.018, as adopted by reference by the City, and City of Twentynine Palms Ordinance No. 67 are repealed in their entirety.

(Ord. 111 §2, 1993)

(a)

No person owning or having control, care, charge, custody, or possession of any animal, shall permit such animal to stray or run at large upon any public street, sidewalk, school ground, 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.

(b)

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 same; provided, however, that he shall notify the Animal Control Officer of the fact that he has such animal in his possession, within four (4) hours after securing possession thereof, and give such Animal Control or Shelter personnel a full description of such animal and license number if any.

(c)

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

(1)

Said dog is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such dog in any areas where dogs are permitted; or

(2)

Is properly restrained and enclosed; or

(3)

In private areas, said dog is under immediate command control of its owner or some other person competent to restrain such dog in that manner. In any public place as defined in subsection (a) of this section, dogs must be restrained by a substantial leash not to exceed six feet (6′) in length and is in the charge of a person competent to restrain such dog.

(d)

Any animal found running at large, running loose, or unrestrained may be impounded by the Animal Control Officer for a period of seventy-two (72) hours. Any unclaimed animal shall then be disposed of in accordance with Section 32.013 of Title 3, Division 2, Chapter 1, of the San Bernardino County code as adopted by reference by the City.

(e)

There shall be a reclaiming fee for all impounded animals, as set forth in a Resolution of the City Council.

(f)

A person having control, care, charge, custody or possession of any animal shall not permit, either willfully or through failure to exercise due care or control, any such animal 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 entryway, stairway, or wall immediately abutting on a public sidewalk; or upon the floor of any theatre, shop, office building, or other building used by the public of upon any occupied property not owned or occupied by the owner of the animal.

(g)

Where any animal defecates on such occupied property, the person having custody, care, possession, or control of such animal shall clean up or otherwise remove or dispose of the excrement in a manner appropriate under local ordinances.

(h)

Dogs Prohibited in Parks and Recreation Areas. Notwithstanding any other section to the contrary, no person owning, having control, care, charge, custody, or possession of any dog shall bring such dog (except a Seeing Eye or Hearing Dog leading a blind or hearing impaired person) into or upon a public park or public recreation area; nor shall any such person otherwise suffer or permit such dog to enter or remain in a public park or public recreation area. However, this section shall not apply to public parks or public recreation areas that allow camping or to any person participating in a dog training class, dog show, or other activity in such public park or public recreation area necessarily involving the attendance of the dog or dogs, being conducted under the sponsorship of, or pursuant to written permission of the City Department of Park and Recreation Services.

(Ord. 111 §3, 1993)

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Potentially dangerous animal or behavior" means any of the following:

(1)

Any animal which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury;

(2)

Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in subsection (c) herein; or

(3)

Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

(b)

"Vicious dog" means any of the following:

(1)

Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;

(2)

Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

(3)

Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the potentially dangerous behavior or maintained in violation of this Chapter.

(c)

"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(d)

"Enclosure" means a fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top which protects the animal from the elements. All sides must be embedded into the ground no less than two feet (2′) unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet × ten feet (5′ × 10′) and not less than six feet (6′) high and shall be kept in a clean and sanitary condition.

(e)

"Animal Control Department or Director" means the City Animal Control Department or the Director or his or her designee.

(f)

"Impounded" means taken into the custody of the Animal Control Department where the potentially dangerous or vicious dog is found.

(g)

"Mitigations" shall be a factor in consideration of whether an animal is potentially dangerous or vicious, but will be weighed with other circumstances in the making of that determination, including, but not limited to, circumstances such as the nature of the trespass, the age of the trespasser or teaser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner which would violate any other provision of law.

The following circumstances shall be deemed to be "mitigations."

(1)

If threat, injury, or damage is sustained by a person who, at the time was:

(A)

Willfully trespassing upon the premises occupied by the owner or custodian of the animal;

(B)

Teasing, provoking, tormenting, abusing, or assaulting the animal or has in the past, teased, tormented, abused, or assaulted the animal; or

(C)

Engaged in the commission of a crime.

(2)

If the animal acts to defend an attack from a person or other animal.

(h)

"Owner" means a person who possesses, harbors or keeps or has in his custody, care, charge or control any "potentially dangerous animal" or "vicious dog" as those terms are defined in this Chapter.

(89-68 §2)

(a)

This Chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians.

(b)

This Chapter does not apply to dogs while utilized by any Police Department or any Law Enforcement Officer in the performance of police work.

(89-68 §3)

An animal may be determined to be a potentially dangerous animal in the following way:

(a)

Upon observation or independent investigation of a potentially dangerous animal or behavior or upon receipt of a complaint(s) signed by a person(s) who actually observed the animal's potentially dangerous behavior, the Director shall determine any mitigations and whether such behavior by the animal constitutes potentially dangerous behavior.

(b)

If the Director determines that such behavior is potentially dangerous, he shall schedule a hearing on that determination and shall provide notice to the owner of such behavior and of the hearing date. The hearing shall be held within fifteen (15) days of the date of the notice.

If the Director has been required to seize the animal because its behavior constitutes a threat to public health and safety, as set out in Section 8.08.070, the hearing shall be noticed and held as soon as possible thereafter.

(c)

The Director shall deliver the notice personally or by first-class mail, postage prepaid, return receipt requested. The notice shall advise the owner of the consequences of identification of the animal as "potentially dangerous."

(d)

The Director may designate a Hearing Officer who shall be a Code Enforcement Officer or city official not involved in this complaint.

(e)

At least one of the complainants in the matter must appear and testify at the hearing or the complaint shall be dismissed.

(f)

The Hearing Officer shall consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation and the record of any prior violations by the owner.

(g)

The Hearing Officer shall issue a written determination within seven (7) days after the hearing is completed.

(h)

The decision of the Hearing Officer may be appealed to the Planning Commission in writing within ten (10) days after the hearing officer's determination.

(i)

The Planning Commission shall conduct a public hearing within thirty (30) days of receipt of the appeal and shall notify the Appellant as set out in Subsection (c) herein fifteen (15) days before the hearing. The Planning Commission hearing shall follow the same procedures as set out in Subsections (f) and (g) herein. The decision of the Planning Commission shall be final.

(j)

The owner may waive his or her right to a hearing in writing and may agree to comply with the requirements of this Chapter.

(89-68 §4)

(a)

A potentially dangerous animal shall be so designated in City animal control records.

(b)

Where the owner of the animal has no additional violations of these Sections within a twelve (12) month period from the date of designation as a "Potentially Dangerous" animal, as indicated on the records of any appropriate agency, the Director shall remove the animal from the list of "Potentially Dangerous" animals, upon written application of the owner and upon proof of the successful completion of at least eight (8) weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts.

(c)

All potentially dangerous animals shall be properly licensed and vaccinated. The licensing authority shall include the "Potentially Dangerous" designation in the registration records of the animal. The owner shall pay an annual "Potentially Dangerous Animal Registration Fee" in addition to the regular licensing fee in an amount to be determined by resolution of the City Council.

(d)

A potentially dangerous animal, while on the owner's property shall, at all times, be kept indoors, or in a securely fenced, locked yard from which the animal cannot escape, and into which children cannot enter. A potentially dangerous animal may be off the owner's premises only if it is restrained by a substantial chain or leash, and under the control of a responsible adult.

(e)

The owner of a "Potentially Dangerous" animal shall notify the Director, in writing, if the animal dies or is sold, transferred, or permanently removed from the City.

(89-68 §5)

An animal may be identified as "vicious" in the following manner:

(a)

The Director may determine, based on his or her observation or investigation, or a verified complaint from persons who have observed the animal and consideration of any applicable mitigations, that the animal is vicious. Where the animal has been identified as potentially dangerous, and the owner has failed to meet any of the requirements of this Chapter, the Director shall determine that the animal is vicious upon a subsequent complaint or his or her observation.

(b)

Where the Director makes such a determination, he or she shall set a hearing on such determination and on the seizure and impoundment of the animal pending or based upon such determination.

(c)

The owner shall be given written notice by first class mail, return receipt requested or personal service of the facts which are the basis of the complaint and of the restrictions which will apply to the animal including possible euthanasia if it is classified as a vicious animal.

(d)

If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

(e)

The hearing shall be set not less than fifteen (15) days after the notice was mailed to the owner or the owner was personally served.

Where the Director has been required to seize the animal due to behavior which constitutes a threat to the public health or safety as set out under Section 8.08.070, the hearing shall be noticed and held as soon as possible after the seizure.

(f)

The public hearing shall be conducted before the Planning Commission, which shall consider all relevant responsible evidence presented at the hearing. The formal rules of evidence shall not apply. The Planning Commission also shall consider circumstances of mitigation, as well as the owner's and animal's history. If the hearing is held as a result of a complaint, at least one of the complainants shall appear and testify at the hearing or the action shall be dismissed.

(g)

The Planning Commission shall make a written determination within fifteen (15) days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made immediately. The decision of the Planning Commission shall be final.

(89-68 §6)

(a)

Where an animal is designated "vicious," the following requirements shall apply:

(1)

All vicious animals shall be properly licensed and vaccinated. In addition, the licensing authority shall include a designation of vicious in the registration records of such animal. The owner shall pay an annual "Vicious Animal Registration Fee," in addition to the regular license fee as determined by Resolution of the City Council.

(2)

The owner shall, at his or her own expense, have the vicious animal registration number assigned to the animal permanently tattooed upon the animal's left ear or, if the left ear is not available, in the left inner thigh, by a licensed veterinarian or person trained and authorized to do business as a tattooist. In addition, a conspicuously colored tag, provided by the City Animal Control Services shall be securely affixed to the animal.

(3)

An owner of a vicious animal shall, within ten (10) days of such determination, present said animal at the City Animal Care and Control Services and allow photographs and measurements of the animal to be taken for purposes of identification.

(4)

A vicious animal shall be securely confined in an enclosure as defined in this Chapter or in the dwelling while on the owner's or custodian's property. The owner shall conspicuously display signs with words or symbol warning of the presence of a vicious animal as approved by the Director.

(5)

While off of the owner's premises, a vicious animal shall at all times be restrained by a substantial metal or leather chain or leash not exceeding six feet (6′) in length, held by and under the control of a responsible adult, and the animal shall wear a muzzle approved by the City Animal Control Services.

(6)

A vicious dog also shall be spayed or neutered, at the owner's expense, within thirty (30) days of such determination.

(b)

Inspection. The Director is authorized to make inspections he/she deems reasonably necessary to ensure compliance with these provisions.

(c)

Notification of Change of Status. The owner of a vicious animal shall notify the City immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died. A vicious animal shall not be sold, bartered, or given away, or placed in a new home without prior notification of and approval by the City Animal Control Services. Any new owner must comply with the requirements of this Section.

(d)

Time Limit to Meet Requirements; Euthanasia. All requirements for owners of vicious animals must be satisfied within thirty (30) days of the identification and satisfactory proof of compliance provided to the City Animal Control Services. If all requirements for vicious animals are not satisfied within sixty (60) days of the finding, or within an extension of such time granted by the Director in writing, or the owner is unwilling to implement them, the animal shall be humanely euthanized either by the City Animal Control Services or by a licensed veterinarian. Proof of euthanasia shall be provided to the Director within three (3) days of its occurrence.

(89-68 §7)

(a)

If the Director has probable cause to believe a dog may be designated as "potentially dangerous" or "vicious" under this Chapter, and the owner is unwilling or unable to correct the situation immediately, and the animal poses an imminent threat to the health or safety of persons or domestic animals, the animal may be seized before a hearing.

Pending the outcome of the hearing or appeal set out in this Chapter or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at an appropriate animal shelter, designated by the City or at the owner's expense. Notwithstanding, the owner may show at the hearing to the satisfaction of the Director that the animal can be humanely and securely confined at home or with a veterinarian designated by the owner.

(b)

Any registered vicious animal shall be immediately impounded by the City Animal Control if:

(1)

The animal's registration is not properly maintained;

(2)

Inspection by the Director reveals that the animal is not maintained in the required enclosure;

(3)

The animal is outside of the dwelling of the owner or the defined enclosure and not under the physical restraint control of a responsible adult; or

(4)

Even if the owner is in compliance with the regulations for keeping such a dangerous animal, if the animal again attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal then, thereafter, the animal may be impounded and shall be kept at an appropriate facility designated by the City at owner's expense pending the outcome of a hearing and appeal, conducted in accordance with Section 8.08.050 hereof to determine whether the animal is a threat to the public health and safety and must be humanely euthanized or whether the animal can be returned to the owner under certain conditions.

(c)

A keeping charge set by Resolution may be assessed against the owner of any animal for each day during which the animal is impounded or held by the Director under the provisions of this Section. An animal held under the provisions of this Section shall not be released until the owner pays all charges due. If the owner refuses to pay such charges, the animal shall be treated as unredeemed by the owner, and disposed of. Disposal of the animal does not release the owner from his/her responsibility to pay the keeping charges.

(89-68 §8)

The City Council may by resolution determine and set the fees imposed under this Chapter.

(89-68 §9)

Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.

(89-68 §10)

The provisions of Section 32.0110 are repealed in their entirety.

(89-68 §11)

The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Cat" means a domestic cat of the species felis domestica, including its young or kittens.

(b)

"Cattery" means a place where five (5) or more cats are kept. The term cattery shall not apply to animal shelters operated by governmental agencies nor shall it apply to veterinary hospitals.

Any cattery shall be in the proper A-1, A-2, DL, or M-1 zone. In the A-1, DL and M-1 zones, a Location and Development Application involving a public hearing before the County Planning Commission must first be filed and approved by said Commission. In A-2 zone, the cattery is considered as a permitted use, not requiring the approval of a Location and Development Application.

A cattery is subdefined as follows:

(1)

"Breeding Cattery" means a cattery in which more than four (4) cats are kept for the primary purpose of breeding.

(2)

"Boarding Cattery" means a cattery in which cats owned by persons other than the cattery owner/operator are being care for.

(3)

"Boarding and Breeding Cattery" means a cattery in which cats are kept for boarding, breeding, marketing or other purposes.

(4)

"Private Cattery" means a place wherein more than four (4) but not exceeding five (5) cats, three (3) months of age or older, all belonging to the same owner, and kept or maintained as pets within the premises or residence of the owner for his pleasure and enjoyment. No breeding in which the kittens are intended for sale or other commercial purpose must be done.

(c)

"Kennel" means a place where five (5) or more dogs over four (4) months of age are kept. The term "kennel" shall not apply to animal shelters operated by governmental agencies, non-profit societies for the care of stray dogs or veterinary hospitals.

A kennel is subdefined as follows:

(1)

"Breeding Kennel" means a kennel in which dogs are kept for the primary purpose of breeding.

(2)

"Boarding Kennel" means a kennel in which dogs owned by persons other than the kennel owner/operator are being cared for.

(3)

"Boarding and Breeding Kennel" means a kennel in which dogs are kept for boarding, breeding, training, marketing, or other purposes.

(89-69 §1)

(a)

Requirement of a License. Every person, firm, or corporation engaged in the operation, control, or management of a kennel or cattery as herein defined shall obtain a license from the City Animal Care and Control Services, and shall pay an annual license fee as determined by resolution of the City Council.

(b)

Regulation. All dogs or cats owned by, under the control of, or in possession of a kennel or cattery operator shall be subject to the provisions of this Chapter. The City Animal Care and Control Services shall have the power, upon the giving of ten (10) days notice by united States mail or by personal delivery to any licensee under this Section, and an opportunity to be heard, to revoke any license granted to a kennel or cattery operator for violations of this Chapter.

(c)

Any person convicted of any crimes against animals within the past ten (10) years will not be permitted to operate, control or manage a kennel or cattery within the City.

(d)

Renewal. The license must be renewed annually.

(89-69 §2; as amd by 91-98 §2)

The following general standards shall apply to facilities under this Chapter:

(a)

Housing. The facilities shall be structurally sound and maintained in good repair to prevent injury to animals, to contain the animals, and to restrict the entrance of other animals.

(b)

Water and Electric Power. Reliable and adequate potable water shall be available.

(c)

Isolation. Facilities for isolating animals under quarantine or treatment for disease shall be in a room that is separated from healthy animals.

(d)

Storage. Facilities shall be provided for the storage of food and bedding in covered containers, protected against infestation or contamination by vermin. Refrigeration shall be provided for perishable items of the diet normally requiring refrigeration.

(e)

Waste Disposal. Provisions shall be made for the removal and disposal of excretion, bedding, dead animals, and debris. Disposal facilities shall be so constructed and operated as to minimize vermin infestation, offensive odors, and disease hazards.

(f)

Washrooms and Sinks. Facilities such as washrooms, basins, sinks, and showers shall be provided to maintain cleanliness of personnel.

(g)

Heating. Facilities shall be heated when necessary to protect the animals from cold and to provide for their health and comfort.

(h)

Ventilation. Facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. All rooms shall be provided with fresh air by air conditioning. They shall be ventilated so as to minimize drafts, offensive odors, and moisture condensation.

(i)

Lighting. Facilities shall have ample light by natural or artificial means, or both, of good quality and well distributed during a minimum of eight (8) hours in each twenty-four (24) hour period. Animal enclosures shall be placed as to prevent discomfort to animals.

(j)

Interior Surfaces. The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized.

(k)

Drainage. A suitable method shall be provided to rapidly eliminate excess water. Rooms shall be provided with drains and sloped for adequate flushing. If closed drainage systems are used, they shall be equipped with traps.

(l)

Daily Needs. The needs of dogs and cats shall be attended to daily at least once.

(m)

Identification. The facility operator or his or her designee shall be able to identify each animal, except for kittens and dogs under four (4) months of age which may be identified by litter.

(89-69 §3)

(a)

Construction.

(1)

All kennels must be constructed to keep animals dry and clean. Runs shall be constructed of concrete or other suitable non-porous material. The floors shall slope one quarter inch (¼″) per foot to a drain or to a drain way. All such drains shall be properly plumbed, trapped and vented and shall be connected to an approved underground disposal system which shall consist of a septic tank and seepage pit or leaching line as required by the Health Department. Adequate ventilation must be provided for kennels.

(2)

Kennels shall not be constructed closer than three hundred feet (300′) away from any structure on adjacent property used for human habitation nor closer than forty feet (40′) to any dwelling on the premises, except that of the owner/operator's home.

(3)

Provisions shall be made in boarding and breeding kennels for the separation of kennel owned dogs from those owned by other persons.

(4)

A perimeter fence six feet (6′) high made of chain link or other suitable sturdy fencing is required around the kennel.

(5)

Runs of chain link or block walls are required.

(6)

Access to clean food and water is available.

(7)

Floors shall be constructed to prevent injuries to animals; wire and mesh which allow animals' feet to pass through shall not be used.

(8)

If dogs are housed in rooms, pens, or runs, a minimum of eight (8) square feet of floor space shall be provided for each dog measuring two feet (2′) or less in length; a minimum of twelve (12) square feet of floor space for each dog measuring more than two feet (2′) in length. No more than five (5) dogs may be housed in one (1) pen or run.

(9)

A dog shall not be housed in a cage unless the interior height of such cage is six inches (6″) or more in excess of the height of the dog as measured from the floor to the apex of its shoulders while in a standing position, and the width and depth are six inches (6″) or more in excess of the length of the dog as measured from the end of its nose to the base of its tail. No more than one (1) dog or five (5) puppies shall be housed in any one (1) cage.

(b)

Operation.

(1)

All dogs eight (8) weeks of age must receive a series of puppy vaccinations as directed by the local veterinarian. All adult dogs must receive all annual boosters required for prevention of contagious disease.

(2)

All dogs four (4) months of age or older shall be currently vaccinated against rabies with chick embryo modified live virus rabies vaccine. State requires that a licensed veterinarian give all rabies vaccinations.

(3)

All dogs shall be individually vaccinated and have a current City dog license attached to their collar.

(4)

Records of all dogs and their vaccinations must be kept and made available to the Animal Care and Control Services upon request.

(5)

All kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding kennels shall disinfect all facilities used in the care of dogs between each separate usage.

(6)

All droppings shall be removed from the kennel daily. Soiled papers and bedding materials shall be removed from the kennel as frequently as necessary to maintain the kennel in a clean, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to the Animal Care and Control Services.

(7)

When any dog is sold, the purchaser shall be provided with a copy of the "Certificate of Vaccination" issued by the veterinarian and shall be advised to secure a dog license or have the license transferred to their name within thirty (30) days from the date of purchase.

(8)

Dead animals shall be disposed of under San Bernardino Code Section 32.015, as adopted by reference.

(89-69 §4)

(a)

Construction and Maintenance.

(1)

Enclosures shall be constructed and maintained so as to provide sufficient space for the animal to make normal postural adjustments with adequate freedom of movements and to remain dry and clean. Interior height of cages shall be at least two feet (2′) and a minimum of three (3) square feet of floor space shall be provided for each adult cat. No more than two (2) adult cats shall be housed in any cage. If cats are housed in pens or runs, a minimum of three (3) square feet shall be provided for each cat. The maximum cats housed in a pen shall not exceed five (5).

(2)

All cats shall be confined and not allowed to run at large.

(3)

Adequate housing shall be provided for the protection of cats from the elements.

(4)

The building within which cats are to be housed shall be provided with adequate ventilation and lights, and shall be constructed so as to be easily kept clean and sanitary at all times. Adequate ventilation shall be that which minimizes drafts, avoids offensive odors, and prevents moisture condensation. Cat odors shall not be allowed to persist inside the building.

(5)

Adequate heating shall be provided for in the winter.

(6)

Cat cages shall be within an enclosed building and shall be of suitable construction, e.g., fiberglass or stainless steel or other material that will prevent the escape of the animal through destruction of material of which the cage is made of, and at the same time permits easy cleaning. The minimum floor space of each cage shall be three (3) square feet for each adult cat. Each cage shall be at least two feet (2′) in height. No more than two (2) adult cats used for breeding shall be placed inside each cage.

(7)

Inside runs shall be so constructed that a minimum space of three (3) square feet is provided per cat, and that the maximum number of cats to be housed in each pen shall not exceed five (5). Wire netting used between pens shall be such that the cats cannot put their feet through the wire netting spaces. If dividers are of solid construction, this shall be of uniform material and make. Enclosures shall be constructed so as to enable the animals to remain dry and clean.

(8)

Each pen shall be provided with a cat scratching post.

(9)

Cat resting or sleeping shelves shall be provided and shall be of uniform and approved construction.

(10)

All cats shall be provided with sufficient clean litter to contain excreta and these shall be disposed of daily in a manner approved by the Health Officer. Adequate provision shall be made for the disposal of dead animals which shall be satisfactory to the Health Officer.

(11)

Boarded cats shall be caged or penned individually and separated by a floor to ceiling solid partition, unless they belong to the same owner, in which case they may stay together provided there is adequate space.

(b)

Operation.

(1)

The operator of every cattery shall be responsible to take the appropriate preventive measures to preclude outbreaks of infectious and contagious diseases, as well as external parasites, among the cats.

(2)

Adequate disinfection shall be provided. Beddings shall be cleaned and laundered at the end of each boarding period prior to use by another cat.

(3)

Provisions shall be made for convenient access to clean food and water. Food and water containers shall be kept clean and sanitary. Animal feed shall be properly stored and protected from contamination and vermin infestation.

(4)

All cats are required to have annual vaccinations against all infectious diseases, including rabies. Kittens must have a series of vaccinations. Proof of vaccinations must be made available upon request of the Animal Control Officer.

(89-69 §5)

The license fees for kennels and catteries shall be determined by the City Council by Resolution.

(89-69 §6)

This Chapter shall be effective thirty (30) days from the date of the adoption of the ordinance codified in this Chapter. For kennels or catteries already licensed, these requirements will be effective upon the renewal date of the license; provided, however, that the operator may be granted a reasonable time by the Community Development Director to meet additional requirements imposed by this Chapter. This Chapter shall apply to all new applications or to requests for expansions or additions.

(89-69 §7)

The provisions of San Bernardino County Code Sections 32.031-32.036 and 32.121-32.127 are hereby repealed in their entirety.

(89-69 §8)

The following paragraphs are added to the San Bernardino County Development Code, Division 3; Section 83.0250(c)(2), Horse Raising; to read as follows:

(A) EXCEPTION: (1) EQUESTRIAN AREAS;

A greater number of horses may be kept on a property under the following circumstances:

Not more than four (4) horses per acre or, fraction thereof (i.e., one horse per quarter acre), with no upward limit, may be kept on any lot or parcel of land when the property in question has been designated an equestrian area as approved by the City Council by Resolution. In considering adoption of such a Resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the State Government Code. The City may impose a fee for the processing of requests to have property designated an equestrian area; said procedure to be the same as that for a Special Use Permit; however, in the case that a petition for including an area in said "equestrian area" is signed by at least five contiguous property owners, no application fee will be required. Notwithstanding the foregoing, if an excess of ten (10) horses is requested or kept, a Site Development Plan shall also be required prior to the establishment of the additional horses.

EXCEPTION (2) NON-EQUESTRIAN AREAS;

No horses may be kept in any area designated as a "non equestrian area" and any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a non-equestrian area by City Council Resolution. In considering adoption of such a Resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the State Government Code. The City may impose a fee for the processing of requests to have property designated a non equestrian area; said procedure to be the same as that for a Special Use Permit; however, in the case that a petition for including an area in said "non equestrian area" is signed by at least five contiguous property owners, no application fee will be required.

(B) SPECIAL PROVISIONS

Wherever the keeping of horses is legally permitted, including legal nonconforming situations, the following Special Provisions apply:

(a)

The permitted number of horses shall not include horses less than twelve (12) months old;

(b)

All facilities housing or boarding horses shall at all times during daylight hours provide a shaded area or areas accessible to all of the horses kept on the property. Shaded areas shall be under a constructed shelter that has been inspected and approved by the Animal Control Officer or be under the shade of mature trees or other sun screening feature as may be approved by the Animal Control Officer. Such facilities shall meet all requirements of State and Local laws; and

(c)

Any property that contains, boards or houses a horse or horses that no longer comply with the numerical conditions of this Chapter after the designation of an equestrian or non-equestrian area shall enjoy the rights of a legal nonconforming use provided that the horse or horses were legally established pursuant to the Code in effect at the time they were established on the lot in question. However, all existing property that boards a horse or horses shall comply with the provisions of paragraph (b) within one-hundred and eighty (180) days of the date of adoption of the Ordinance codified in this Chapter.

(92-100 §2)