§ 7.04.095. Livestock.

A. Livestock Generally.

1. Running at Large—Distance from Habitation. No person, as owner or the one in control of any ox, steer, bull, cow, heifer, calf, horse, mare, filly, gelding, stallion, colt, jack, jenny, mule, sheep, goat, or hog, shall permit the same, of any thereof, to run at large or pasture, herd, stake, tie or stable any thereof in any of the streets, avenues, places, lanes, alleys, parks, or other public places in the City, or tie, stake, pasture, stable, or otherwise keep any thereof upon any private property in the City so as to permit any thereof to approach nearer than one hundred (100) feet to any building used or occupied or designed for use and occupancy as a residence for human habitation other than such building so occupied by the person owning or having the control of any such animal, and other than such building, the occupant of which continues his or her consent to the closer approach of any such animal. The keeping of livestock shall only be permitted in the R1-.5 and DL zoned areas.

2. Driving in Street. No person, as principal, agent, employee or otherwise, shall drive or conduct along any street, avenue, place, lane, alley, park or other public place any ox, steer, bull, cow, heifer, calf, horse, mare, filly, gelding, stallion, colt, jack, jenny, mule, sheep, goat or hog without having such animal or animals enclosed in some conveyance or tied or otherwise attached to some person or vehicle in such manner that such animal or animals cannot run at large or enter upon private property.

3. Herding on Unenclosed Private Property. No person, as principal, agent, employee, or otherwise, shall herd any of the animals mentioned in this chapter on any unenclosed private property.

4. Authority to Apprehend Livestock—Fees.

a. Any livestock other than bovine animals found running at large in the City shall be apprehended by an Animal Control Officer. The owner of any apprehended livestock shall pay apprehension fees and daily board and care fees prior to recovering the livestock from the Animal Control Officer. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and City Council. Unclaimed livestock may be disposed of by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The Animal Control Supervisor shall determine minimum bid amounts. Unclaimed livestock not disposed of by a public sale by sealed bids may be destroyed after seven (7) calendar days.

b. Any bovine animal found running at large in the City shall be apprehended by the Animal Control Officer. Within five (5) days of the apprehension, the owner of any apprehended bovine animal shall pay apprehension fees and daily board and care fees prior to recovering the bovine animal from Animal Care & Control. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and City Council.

c. Within five (5) days from the date of apprehension, the Animal Control Supervisor shall notify the State Director of Food and Agriculture of any unclaimed bovine animal, horse, mule, or burro, and shall turn over to the State Director of Food and Agriculture any bovine animal, pursuant to the provisions of Food and Agricultural Code §§ 17001, et seq.

5. Minimum Distance from Domestic Water Well. All residential land uses, activities and facilities shall comply with the requirement that animals shall be kept a minimum of one hundred (100) feet from any domestic water well.

6. Ranches. Property used for the commercial breeding, grazing, raising and/or training of animals shall be deemed a "commercial ranch" and shall comply with the following:

a. The site shall contain a minimum of five (5) acres.

b. Where the ranch abuts a residentially zoned property, the site shall be screened from view by a six (6) foot high decorative masonry block wall or other similar view obstructing fence or wall, as approved by the Animal Control Supervisor.

7. Violations. A violation of any of the terms or provisions of this section shall be a misdemeanor, and upon conviction shall be punishable by a criminal and/or administrative citation will be issued pursuant to Chapters 1.20 and 7.04 of this Code.

B. Horses.

1. Stabling of Uncastrated Stallions or Jacks. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within fifty feet of any property line, any uncastrated stallions or jacks. Any uncastrated stallions or jacks so kept shall be confined by an enclosure with a minimum height of six (6) feet that is constructed in such a manner as to prevent the animal's escape.

2. Removal of Manure. Manure shall be removed from stables or premises every three (3) days or shall be spread at a place which has an area of twenty thousand (20,000) square feet or more in a sanitary manner approved by the San Bernardino County Director of the Department of Public Health (hereinafter referred to as "Health Officer"), his or her designated deputy, or any City employee designated by the Mayor and approved by the Health Officer, or shall be maintained in an approved moisture and fly-proof manner. It shall not be kept within fifty (50) feet of any adjoining property line.

3. Prohibition of Manure Storage Upon the Premises Where Manure is Produced.

a. No person, firm, corporation, including a CFO, shall store manure in piles, stacks or heaps, for more than one hundred twenty (120) days unless prior written approval is obtained from Animal Care & Control. Requests for time extension shall be made in writing to Animal Care & Control and state why an extended period is necessary and the number of days requested.

b. In responding to such requests, Animal Care & Control shall balance the potential hardship to the public and neighboring properties in granting an extension, with the potential hardship to the petitioner in complying with the one hundred twenty (120) day rule.

4. Registration of Horses. Each person, firm or corporation who stables, pastures or keeps, or causes or permits the stabling, pasturing or keeping of, any equine in the City shall register with the Department of Animal Care & Control, and shall provide data concerning the number of equines, the location of such equines and such other relevant information as said Department may require.

C. Hogs.

1. Maintenance. All places where garbage is fed to hogs shall be maintained in a sanitary condition and in accordance with the provisions hereof.

2. Feeding Floors. All garbage fed to hogs shall be upon feeding floors, which feeding floors must be of concrete and so constructed as to permit controlled drainage; such drainage must be to the outside of the pens and not accessible to hogs and must be disposed of in a manner not to create a nuisance. The surface of all feeding floors must be maintained smooth enough to permit efficient cleaning. All feeding floors must have all refuse, garbage, and manure removed at least once daily, after which they must be flushed with water and drained; except, that feeding floors in open lots where brood sows or young shoats only are kept, will be considered as cleaned when they are entirely dry after sweeping.

3. Storage Bins. No vat, bin, or other receptacle for the storage of garbage shall be maintained unless the entire receptacle is above the level of the ground and watertight and so equipped that the same may be washed, scrubbed and drained and all such receptacles must have all garbage removed and be thoroughly washed and cleaned at least once each day when in use.

4. Garbage in Pens. No garbage shall be left in any hog pen or in the vicinity of any hog pen longer than from the day it is received or fed until the next day. No refuse garbage shall be left in any such pen longer than from the day it is received until the next day.

5. Water Troughs. All water troughs for the watering of hogs must be constructed in such manner and so covered as to permit hogs to drink, but to prevent as far as possible, the entry of other than their heads into the water trough. All water troughs must be kept clean and provided with clean water. All water troughs must be connected with efficient drainage and must not be permitted to overflow, except such water troughs as may be located in open lots, where brood sows or young shoats only are maintained. The surface for a radius of at least six (6) feet from all such water troughs must be of concrete or other mire proof material.

6. Hog Wallows. No hog wallows or mire will be permitted in any hog pen or lot, except drain-equipped concrete walls, upon which must be maintained a floating surface of at least one-half (½) inch heavy oil or water in which must be contained a proper percentage of approved disinfectant. All such concrete wallows must have their contents removed and be cleaned frequently enough to maintain clean material in them. Hogs may have access to running streams of water, provided no wallows are maintained adjacent to such streams; and further provided that such access to streams by hogs will not create a menace to public health.

7. Floors. Floors of all houses where hogs may enter, must be of concrete or watertight boarding and must be maintained in a clean condition. The use of clean bedding upon such floors will be permitted.

8. Dead Animals and Animal Refuse. Dead animals or animal refuse, other than garbage as hereinbefore defined, shall not be fed to hogs unless first sterilized by heat.

D. Fowl.

1. Distance from Dwelling. No person shall keep or maintain any live fowl within the City less than fifty (50) feet from any single-family or two-family dwelling or less than one hundred (100) feet from any hotel or dwelling occupied by, or designed for the occupancy of three (3) or more families. The keeping of fowl shall only be permitted in the R1-.5 and DL zoned areas.

2. Dealers Exempt. Nothing contained in this chapter shall be deemed to prohibit the keeping of fowl by regularly licensed dealers for the purpose of sale at their respective places of business. Such animals shall be kept and maintained in a clean and sanitary condition and such dealers shall conform to and abide by the rules and regulations of the health department with reference to the keeping of such animals on the premises of such dealers.

3. Enclosure Sanitation. Wherever live fowl are permitted to be kept or maintained in the City, no person, so keeping or maintaining such fowl, shall fail at any time to keep the coops, pens or yards wherein such fowl are enclosed in a clean and sanitary condition nor shall fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such fowl in such enclosures.

4. Domestic Fowl at Large. It is unlawful for any person, firm or corporation having custody or control of any domestic bird or fowl to permit such bird or fowl to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

5. Impoundment.

a. Food and Water. No person shall impound any live fowl unless provision is made by such person for the proper feeding and the furnishing of water to such fowl at intervals not longer than twelve (12) hours apart.

b. Coop Size. No person shall impound any live fowl in a coop which is less than twice as large in floor space or standing room as the total size of all live fowl which may be impounded therein, and which is not sufficiently high as to permit each fowl impounded therein to stand in a natural erect position.

6. Wing Locking Prohibited. No person handling live fowl shall lock the wings of such fowl.

7. Artificial Coloring Prohibited.

a. No person, by means of any application to or upon the exterior portion thereof or in any other manner, shall dye, artificially color or alter or otherwise change the natural color of any live fowl.

b. No person shall sell, offer or display for sale, barter or give to any person any live fowl, the natural color of which animal has been changed by dyeing, coloring, or any other artificial manner.

c. No person shall sell, offer for sale, barter or give away any chick, duckling, or other fowl under four (4) weeks of age, as pets, toys, premiums or novelties.

d. This section shall not be construed to prohibit the display or sale of chicks, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

E. Goats.

1. Distance From Dwelling. No person shall keep or maintain any live goat in the City within one hundred (100) feet of any residence or place of habitation. The keeping of goats shall only be permitted in the R1-.5 and DL zoned areas.

2. Enclosure Sanitation. Wherever live goats are permitted to be kept or maintained in the City, no person so keeping or maintaining such goats shall fail at any time to keep the pens, hutches, spaces or other enclosures wherein such goats are enclosed in a clean and sanitary condition or fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such goats in such enclosures.

3. Running at Large Prohibited. It is unlawful for any person, firm or corporation having custody or control of any goat to permit such goat to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

F. Rabbits.

1. Artificial Coloring Prohibited.

a. No person, by means of any application to or upon the exterior portion thereof or in any other manner, shall dye, artificially color or alter or otherwise change the natural color of any live rabbit.

b. No person shall sell, offer or display for sale, barter or give to any person any live rabbit, the natural color of which animal has been changed by dyeing, coloring, or any other artificial manner.

c. No person shall sell, offer for sale, barter or give away any rabbit under two (2) months of age, as pets, toys, premiums or novelties.

d. This section shall not be construed to prohibit the display or sale of rabbits in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

2. Enclosure Sanitation. Wherever live rabbits are permitted to be kept or maintained in the City, no person so keeping or maintaining such rabbits shall fail at any time to keep the pens, hutches, spaces or other enclosures wherein such rabbits are enclosed in a clean and sanitary condition or fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such rabbits in such enclosures.

3. Running at Large Prohibited. No person, firm or corporation having custody or control of any rabbit may permit such rabbit to be present or to run at large upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]