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. 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 San Bernardino 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.
A fence should be at least two and one-half (2 ½) times the height of the dog's shoulder when the dog is standing on four (4) legs and be in compliance with all other sections of the San Bernardino 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.
(3) Two (2) 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 (6) inches by eight (8) 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 (8) feet in length, excluding the length of the collar. Tie-outs must be made of a nonrigid material. Tie-outs shall not be the primary means of restraint and no animal shall be kept in this manner for more than 3 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 of San Bernardino 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-1264, 2-19-08; Ord. MC-1214, 2-22-06)