Mayor and City Council
August 20, 2025

Nothing in the foregoing section shall be deemed
to prevent the City Attorney from commencing a civil
or criminal proceeding to abate a public nuisance
under other applicable law.

CHAPTER 6.03: KEEPING OF NON-EQUINE LIVESTOCK
Section

6.03.010 Findings

6.03.020 Bovine, ratite, caprine or ovine
animals - not authorized on
property less than one acre

6.03.025 Bovine, ratite, caprine or ovine
animals - on property greater
than one acre

6.03.030 Hogs, sow, gilt or boar

6.03.040 Rabbits and guinea pigs
§ 6.03.010 FINDINGS.

The Mayor and Common
City Council do find,
determine and declare that the city has become so
closely built up with buildings occupied by human
beings for business and dwelling purposes, and has
become so thickly populated that the keeping therein
of livestock, wild, exotic, dangerous or non-domestic
animals and domestic fowl has become injurious to
health, indecent, offensive to the senses and an
obstruction to the free use of property so as to
interfere with the comfortable enjoyment of life and
property by the entire community and neighborhood,
and by a considerable number of persons therein.
(Ord. 821, passed 8-9-1921; Ord. 1003, passed
11-14-1923)
§ 6.03.020 BOVINE, RATITE, CAPRINE OR

OVINE ANIMALS - NOT AUTHORIZED ON
PROPERTY LESS THAN ONE ACRE.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, any bovine (e.g., cow, steer), ratite (e.g., ostrich, emu), caprine (e.g., goat) or ovine
(e.g., sheep) animal or like animal at a place which
has an area of less than one acre (43,560 square feet). (Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-1214, passed 2-22-2006)
§ 6.03.025 BOVINE, RATITE, CAPRINE OR

OVINE ANIMALS - ON PROPERTY
GREATER THAN ONE ACRE.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be kept, more
than four of any combination of ratite, bovine, caprine or ovine at any place in the city; provided that a
person, firm or corporation having contiguous land of
more than five acres may keep one additional bovine,
caprine or ovine for each acre in excess of such five
acres, but not to exceed 18 animals at any lot. Said
animal(s) shall not be kept within 150 feet of a
building or structure used or intended for human
occupancy and said animal(s) shall not be kept within
50 feet of any neighboring property line or street line. (Ord. MC-1214, passed 2-22-2006)
§ 6.03.030 HOGS, SOW, GILT OR BOAR.

It is unlawful for any person, firm or corporation
to keep or cause to be kept any hog, sow, gilt or boar
at any place in the city.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-418, passed 10-16-1984; Ord.

MC-462, passed 5-21-1985)
§ 6.03.040 RABBITS AND GUINEA PIGS.
(A) It is unlawful for any person, firm or
corporation to keep or cause to be kept more than 12
rabbits or guinea pigs, or any combination of each
totaling 12, within 150 feet of any building or
structure used or intended for human occupancy.
13 San Bernardino - Animals14
(B) It is unlawful for any person, firm or
corporation to keep or cause to be kept more than four
rabbits or guinea pigs within 50 feet of any building or structure used or intended for human occupancy.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
CHAPTER 6.04: HORSES
Section

6.04.010 Definition

6.04.020 Equine stables - distance from
human occupancies

6.04.030 Number of equine permitted in
stable within city

6.04.040 Number of equine permitted on
area between 20,000 square feet
and one acre

6.04.050 Stabling equine on property less
than 20,000 square feet in size

6.04.060 Stabling of uncastrated equines

6.04.070 Removal of manure

6.04.080 Registration of horses
§ 6.04.010 DEFINITION.

For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.

EQUINE. Any horse-like animal, including
mules and burros.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
§ 6.04.020 EQUINE STABLES - DISTANCE
FROM HUMAN OCCUPANCIES.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, within 100 feet of a building or
structure used or intended for human occupancy any
equine.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-1264, passed 2-19-2008)
§ 6.04.030 NUMBER OF EQUINE
PERMITTED IN STABLE WITHIN CITY.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, more than five equines at any place
in the city, except at approved riding stables or
academies; provided that a person, firm or corporation
having contiguous land of more than five acres may
keep one additional equine for each acre in excess of
such five acres, but not to exceed 18 equines at any
one place.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. 3582, passed 6-21-1976)
§ 6.04.040 NUMBER OF EQUINE
PERMITTED ON AREA BETWEEN 20,000
SQUARE FEET AND ONE ACRE.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, more than three equines at a place
that has an area less than between 20,000 square feet
and one acre.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
15 San Bernardino - Animals16
§ 6.04.050 STABLING EQUINE ON
PROPERTY LESS THAN 20,000 SQUARE
FEET IN SIZE.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, any equine at a place which has an
area of less than 20,000 square feet or within ten feet of any adjoining property not used for grazing,
pasturing or stabling, or in any required front yard
area or in a side yard area of a corner lot.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
§ 6.04.060 STABLING OF UNCASTRATED
EQUINES.

It is unlawful for any person, firm or corporation
to stable, pasture or keep, or cause to be stabled,
pastured or kept, within 50 feet of any property line
any uncastrated equine. Any uncastrated equine so
kept shall be confined by an enclosure with a
minimum height of six feet that is constructed in such
a manner as to prevent the animal’s escape.
§ 6.04.070 REMOVAL OF MANURE.

Manure shall be removed from said place or
premises every three days or shall be spread at a place which has an area of 20,000 square feet or more in a
sanitary manner approved by the 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 50 feet of any adjoining property
line.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
§ 6.04.080 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 in the Division of Animal Control, and shall
provide data concerning the number of equines, the
location of such equines and such other relevant
information as said Division may require.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974)
CHAPTER 6.05: FOWL
Section

6.05.010 Definition

6.05.020 Domestic fowl not permitted
within 50 feet of human dwelling

6.05.030 Domestic fowl permitted if kept
more than 50 feet away from
human dwelling

6.05.040 Roosters and peacocks not
permitted within 200 feet of
human dwelling

6.05.050 Reserved

6.05.060 Domestic fowl at large
§ 6.05.010 DEFINITION.

For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.

DOMESTIC FOWL. Any birds of the order
Galliformes. This shall include chickens, ducks, geese, turkey, pheasants and similar domesticated birds or
fowl.
§ 6.05.020 DOMESTIC FOWL NOT

PERMITTED WITHIN FIFTY FEET OF
HUMAN DWELLING.

It is unlawful for any person, firm or corporation
to keep, or cause to be ke pt, or allow to roam any
domestic fowl within 50 feet of any building or
structure used or intended for human occupancy.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-217, passed 11-2-1982; Ord.

MC-1214, passed 2-22-2006)
§ 6.05.030 DOMESTIC FOWL PERMITTED IF
KEPT MORE THAN 50 FEET AWAY FROM
HUMAN DWELLING.

It is unlawful for any person, firm or corporation
to keep, or cause to be kept, or allowed to roam, more
than two domestic fowls between 50 and 100 feet of
any building or structure used or intended for human
occupancy. The maximum number of domestic fowl
on any lot is 24 fowl.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-217, passed 11-2-1982; Ord.

MC-1214, passed 2-22-2006)
§ 6.05.040 ROOSTERS AND PEACOCKS NOT
PERMITTED WITHIN 200 FEET OF HUMAN
DWELLING.

It is unlawful for any person, firm or corporation
to keep any rooster or peacock within 200 feet of any
building or structure used or intended for human
occupancy. No more than one peacock or rooster is
permitted per lot.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-1214, passed 2-22-2006)
17 San Bernardino - Animals18
§ 6.05.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.05.060 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.

CHAPTER 6.06: PIGEONS
Section

6.06.010 Definitions

6.06.020 Conditions

6.06.030 Permit
§ 6.06.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

FANCY PIGEON. A pigeon which, through
selective past breeding, has developed certain
distinctive physical and performing characteristics as
to be clearly identified and accepted as such by the
National Pigeon Association, the American Pigeon
Club or the Rare Breeds Pigeon Club. Examples
include, but are not limited to, fantails, pouters and
trumpeters.

LOFT. The structure(s) for the keeping or
housing of pigeons permitted by this chapter.

MATURE PIGEON. A pigeon aged six months
or older.

OWNER. The owner of pigeons subject to this
chapter.

PIGEON. A member of the family Columbidae,
and shall include “racing pigeons,” “fancy pigeons”
and “sporting pigeons.”
RACING PIGEON. A pigeon which, through
selective past breeding, has developed the distinctive
physical and mental characteristics as to enable it to
return to its home after having been released a
considerable distance therefrom, and which is accepted
as such by the American Racing Pigeon Union, Inc. or
the International Federation of Racing Pigeon
Fanciers. This type of pigeon may also be commonly
known as RACING HOMER, HOMING PIGEON or
CARRIER PIGEON.

SPORTING PIGEON. A pigeon which, through
selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or
endurance flying. Examples include, but are not
limited to, rollers and tipplers.
§ 6.06.020 CONDITIONS.

The keeping, breeding, maintenance and flying of
pigeons shall be permitted on the following conditions. (A) The loft shall be of such sufficient size and
design, and constructed of such material, that it can be maintained in a clean and sanitary condition.
(B) There shall be at least one square foot of
floor space for each mature pigeon kept in any loft.
(C) The construction and location of the loft shall
not conflict with the requirements of any building code or zoning code of the city.
(D) All feed for said pigeons shall be stored in
such containers as to protect against intrusion by
rodents and other pests.
(E) The loft shall be maintained in a sanitary
condition and in compliance with all applicable health
regulations of the city.
(F) All pigeons shall be confined to the loft,
except for limited periods necessary for exercise,
training and competition; and at no time shall pigeons
be allowed to perch or linger on the buildings or
property of others.
19 San Bernardino - Animals20
(G) All pigeons shall be fed within the confines
of the loft.
(H) No one shall release pigeons to fly for
exercise, training or competition except in compliance
with the following rules.
(1) The owner of the pigeons must be a
member in good standing of an organized pigeon club,
such as the American Racing Pigeon Union, Inc.; the
International Federation of Racing Pigeon Fanciers;
the National Pigeon Association; the American Tippler
Society; the International Roller Association; the Rare Breeds Pigeon Club; or a local club which has rules
that will help preserve the peace and tranquility of the neighborhood.
(2) Pigeons which have been fed within the
previous four hours will not be released for flying.
(I) Pigeons shall be banded and registered with
one of the national pigeon associations/registries.
§ 6.06.030 PERMIT.

On application signed by the owner, on such a
form as shall be provided by the city, wherein the
owner shall certify that his or her loft(s) comply with applicable building and zoning codes, and upon
payment of a fee as set by the Mayor and
Common
City Council, a permit shall be issued to the
owner, which shall remain in full force and effect
unless suspended or revoked, or unless the use of the
loft is discontinued for a period of one year. A
condition of the permit shall be that the animal control officer shall be granted permission to inspect any
property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or non-compliance with this
chapter. The animal control officer may report
violators to any local or nationally recognized pigeon
club for the purposes of educating and assisting any
owner who is in violation of this chapter.

CHAPTER 6.07: WILD, EXOTIC, DANGEROUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY Section

6.07.010 Definition

6.07.020 Animals prohibited

6.07.030 Reserved

6.07.040 Reserved

6.07.050 Reserved

6.07.060 Reserved

6.07.070 Reserved

6.07.080 Reserved
§ 6.07.010 DEFINITION.

For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.

WILD , EXOTIC , DANGEROUS or
NON-DOMESTIC ANIMALS. Any animals not
specifically addressed within this title.
§ 6.07.020 ANIMALS PROHIBITED.

No person shall have, keep, maintain, breed, sell
or trade any dangerous or poisonous animal within the
city limits. No person shall have, keep, maintain,
breed, sell or trade any wild, exotic or non-domestic
animal that is prohibited by applicable state and/or
federal law within the city limits.
(Ord. MC-1214, passed 2-22-2006)
§ 6.07.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.07.040 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.07.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.07.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.07.070 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.07.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
21 San Bernardino - Animals22
CHAPTER 6.08: DOGS
Section

6.08.010 Findings

6.08.020 Number of dogs permitted

6.08.030 License required

6.08.040 License and tag required - fees

6.08.050 License - application

6.08.060 License - issuance

6.08.070 Reserved

6.08.080 Applicability of chapter

6.08.090 Ban on the sale of research
animals

6.08.100 Rabies vaccination required -
certificates

6.08.110 Vaccination requirement

6.08.120 Exemption from rabies
vaccination during illness

6.08.130 Running at large - impoundment

6.08.140 Running at large

6.08.145 Methods of restraint - improper
restraint

6.08.150 Vaccination of other animals

6.08.160 Reporting of animal bites

6.08.170 Confinement or destruction of
dogs and cats suspected of having
rabies

6.08.180 Confinement or destruction of
dogs and cats which have bitten a
person

6.08.190 Confinement or destruction of
other animals

6.08.200 Concealment or withholding of
animals

6.08.210 Animals and vehicles

6.08.220 Animal bite
§ 6.08.010 FINDINGS.

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

It is unlawful for any person, firm or corporation
to own, harbor or keep on or at any lot, premises or
place more than three dogs which are four or more
months of age, except as may be permitted by the
provisions of Title 19.
(Ord. 821, passed 8-9-1921; Ord. 2926, passed
7-30-1968; Ord. 3613, passed 12-20-1976; Ord.

MC-460, passed 5-15-1985)
§ 6.08.030 LICENSE REQUIRED.

It is unlawful for any person, firm or corporation
to own or harbor any dog within the city, except as
provided in this chapter, without securing a license
therefor, and maintaining a tag thereon, as specified in this chapter.
(Ord. MC-639, passed 9-22-1988)
§ 6.08.040 LICENSE AND TAG REQUIRED -
FEES.
(A) Each person, firm or corporation owning,
harboring or having custody or control of a dog of the
age of four months or more within the city shall obtain at least annually a license and tag for the dog. License 23 San Bernardino - Animals24
and tag fees are payable in advance. If the appropriate fee is not paid when due, a delinquency penalty shall
be added to the fee. A fee shall be charged for any
additional tag issued to replace a lost, stolen,
misplaced or damaged tag and shall be charged for the
transfer of ownership of a licensed dog to a new owner
in lieu of a fee for a new license for the remainder of the licensing period in which the transfer occurs. If a dog has a current license from another licensing
jurisdiction and has a current rabies vaccination, said license shall be recognized by the city upon a payment
of a transfer fee.
(B) If any person, firm or corporation acquires
the ownership, custody or control of a dog, the new
owner shall obtain the license required by this title
within 30 days after acquiring the ownership, custody
or control of such dog, if the dog is then of the age of four months or more, or within 30 days after such dog
attains the age of four months. The license shall expire the same month as the month the rabies vaccination
expires. The first license fee for a dog may be
prorated to expire at the same time as the rabies
vaccination expires.
(C) Monies received during the current year for
a license shall be first applied to the payment of
delinquent fees, sums and penalties due during the
preceding year(s), and any balance remaining
thereafter shall be applied to the payment of the
current license fees and penalties. A license issued
during any prior year to the same owner for license
shall be prima facie evidence in any court or
administrative proceeding that the dog was
continuously owned by the same owner from the prior
year to the current year.
(Ord. 821, passed 8-9-1921; Ord. 3577, passed
6-7-1976; Ord. 3937, passed 5-12-1980; Ord. MC-50,
passed 5-7-1981; Ord. MC-363, passed 4-17-1984;
Ord. MC-528, passed 7-9-1986; Ord. MC-639, passed
9-22-1988; Ord. MC-1214, passed 2-22-2006)
§ 6.08.050 LICENSE - APPLICATION.

No license to own or harbor a dog, as provided in
this chapter, shall be issued except upon an application to authorized employees of the city setting forth the
name and address of the owner or possessor of the
dog, a brief description of the dog and proof of the
vaccination of the dog to prevent rabies.
(Ord. 821, passed 8-9-1921; Ord. 3452, passed
10-30-1974)
§ 6.08.060 LICENSE - ISSUANCE.

Authorized employees of the city, upon the
receipt of such application and the license fee
aforesaid, shall issue and deliver to such owner or
possessor a license certifying the payment of the
license fee, and setting forth the name and address of
the applicant and a brief description of the dog, and
the number allotted to such dog, and, upon receipt of
the requisite fees, shall deliver to the applicant a tag which shall set forth the date of the license, and the
number allotted to such dog, which tag shall at all
times be affixed to the collar, harness or other article worn by such dog; provided, however, that no license
for a dog shall be issued unless the owner shall have
paid the license fee required therefor and shall have
exhibited to authorized employees of the city a
certificate of the vaccination of the dog to prevent
rabies, signed by a duly licensed veterinarian.
(Ord. 821, passed 8-9-1921; Ord. 1482, passed
10-20-1931; Ord. 3307, passed 11-9-1972)
§ 6.08.070 RESERVED.
[Reserved]
(Repealed by Ord. MC-1214, passed 2-22-2006)
§ 6.08.080 APPLICABILITY OF CHAPTER.

This chapter shall not be applicable to dogs under
the age of four months, and which are kept within
enclosures and are not permitted to run at large.
(Ord. 821, passed 8-9-1921; Ord. 2561, passed
3-3-1964)
§ 6.08.090 BAN ON THE SALE OF
RESEARCH ANIMALS.

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

Dogs 25
(Ord. 821, passed 8-9-1921; Ord. 3185, passed
7-13-1971; Ord. 3803, passed 2-8-1979; Ord. 3827,
passed 5-22-1979; Ord. 3965, passed 9-10-1980; Ord.

MC-50, passed 5-7-1981; Ord. MC-88, passed
8-4-1981; Ord. MC-145, passed 3-16-1982; Ord.

MC-266, passed 4-21-1983)
§ 6.08.100 RABIES VACCINATION
REQUIRED - CERTIFICATES.
(A) Every person, firm or corporation who
owns, harbors, keeps or possesses, or has in his or her care, charge, custody or control, any dog over four
months of age shall cause such dog to be vaccinated
against rabies by or under the direction of any duly
licensed veterinarian, with a rabies vaccine approved
by the State Department of Health Services for use in
dogs. Such vaccinations shall be repeated at intervals
specified by the State Department of Health Services
in order to maintain adequate immunity. Compliance
with the rabies vaccination provisions shall be a
condition to the issuance or renewal of a dog license.
(B) Each duly licensed veterinarian who
vaccinates or causes or directs to be vaccinated any
animal with a rabies vaccine shall complete and sign a
rabies certificate in triplicate. The veterinarian shall keep one copy and shall give one copy to the owner or
keeper of the vaccinated animal. The veterinarian shall submit to animal control a legible copy of each
certificate within five days of the beginning of each
month, for any animal so vaccinated during the
previous month.
(Ord. 821, passed 8-9-1921; Ord. 2561, passed
3-3-1964; Ord. MC-639, passed 9-22-1988; Ord.

MC-833, passed 5-19-1992)
§ 6.08.110 VACCINATION REQUIREMENT.

It is unlawful for any person, firm or corporation
to own or harbor any dog that has not been vaccinated
as required by, and in the manner set forth in,
§ 6.08.100.
(Ord. 821, passed 8-9-1921; Ord. 2171, passed
5-13-1957; Ord. 3465, passed 12-17-1974; Ord.

MC-460, passed 5-15-1985; Ord. MC-639, passed
9-22-1988)
§ 6.08.120 EXEMPTION FROM RABIES
VACCINATION DURING ILLNESS.

Notwithstanding any other provisions of this
chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the
dog and certified in writing that such vaccination
should be postponed because of a specified illness or
condition. Old age, debility and pregnancy are not
considered contraindications to rabies vaccination.

Exemption certificates are subject to approval of the
Animal Control Division and shall be valid only for
the duration of the illness. Exemption from vaccination does not exempt the dog from the licensing
requirement.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.130 RUNNING AT LARGE -
IMPOUNDMENT.

The animal control officer, or authorized city
employee, shall impound, for a period of time as
prescribed by state law, any dog found running at
large or unrestrained in the city. If any person does not provide proof of the owner’s identity or satisfactory
proof of ownership and claim the dog and pay any
sums due, including outstanding fines or fees for
violations of this title, license fees or fees set by the Mayor and Common
City Council, prior to the
expiration of the period prescribed by state law, the
dog shall become the property of the city and may be
disposed of by authorized employees of the city.
(Ord. 821, passed 8-9-1921; Ord. 3452, passed
10-30-1974; Ord. MC-50, passed 5-7-1981; Ord.

MC-528, passed 7-9-1986; Ord. MC-625, passed
5-4-1988)
§ 6.08.140 RUNNING AT LARGE.
(A) Persons owning, having control or custody
of any dog or other animal shall, at all times, keep the animal on a leash (except in an authorized off-leash
dog park) or secured by the other suitable means of
restraint or confined by a fence on their property or
the private property of another, with the permission of the owner of that property, so as to prevent the animal San Bernardino - Animals26
from being at large, biting or harassing any person
engaged in a lawful act, interfering with the use of
public property or with the use of another person’s
private property or being in violation of any other
section of this title.
(B) The provisions of division (A) above shall
not apply to the following:
(1) Any dog used by a law enforcement
agency;
(2) Any dog while participating in a formal
dog obedience training program or any dog
participating in a dog show or other program expressly
permitted or sponsored by the city; and
(3) Any dog within a posted off-leash area
in any city park, as established by resolution of the
Mayor and Common
City Council; provided, however,
that nothing herein shall relieve the owner or person
having charge, custody, care and/or control of such
dog from the responsibility to maintain proper control
over the dog nor shall this division (B)(3) be construed as relieving such person from any liability for any
damages arising out of his or her use of an off-leash
area.
(C) In order to be subject to the exemption set
forth in division (B)(3) above, all persons must comply with all requirements of law and the following rules
and regulations when utilizing any off-leash area.
(1) No dog is permitted in an off-leash area
except when in the care, custody and control of a
person at least 13 years old. Any person under 13
years of age must be accompanied by, and be under
the direct supervision of, an adult. No person may
have more than two dogs in an off-leash area at any
one time. No dogs are permitted in the off-leash area
except during posted hours of operation.
(2) All dogs must be at least four months of
age, vaccinated for rabies and currently licensed by the City Animal Control Division. No dog that is sick, in
heat, injured or less than four months of age, or which displays aggressive behavior towards other dogs or
humans is permitted in any off-leash area.
(3) Any person having care, custody or
control of a dog in an off-leash area shall quiet or
remove the dog if it barks and shall promptly remove
and properly dispose of any waste deposited by such
dog.
(4) No animals other than dogs are
permitted in any off-leash area.
(5) The designated hours of use for the
off-leash area shall coincide with the regular hours of the park as designated by § 12.68.020.
(6) As a condition of admission to an
off-leash area, the owner or person in custody of the
dog shall carry a suitable container or instrument for
the removal and disposal of dog feces.
(7) Any person having care, custody or
control of a dog in the off-leash area must have, in his or her possession, a leash for such dog which shall be
worn by the dog at all times the dog is not in the
off-leash area.
(8) All persons will otherwise comply with
all rules governing city parks and all relevant parking regulations.
(9) The use of an off-leash area by any dog
shall constitute consent of the dog’s owner, or any
person having the care, custody or control of the dog,
to strictly follow the rules in § 6.08.140 and shall
constitute a waiver of liability to the city, its elected officials, officers and employees; an assumption of all risks; and an agreement and undertaking to protect,
indemnify, defend and hold harmless the city, its
elected officials, officers and employees, for any
injury or damage to persons or property during any
time that the dog is in the off-leash area.
(D) Any person violating any provisions of this
section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be
guilty of an infraction, punishable as set forth in
Chapter 1.12.
(E) The violation of any of the provisions of this
chapter shall constitute a nuisance and may be abated
by the city through civil process by means of
Dogs 27
restraining order, preliminary or permanent injunction
or in any other manner provided by law for the
abatement of such nuisances.
(Ord. MC-1214, passed 2-22-2006)
§ 6.08.145 METHODS OF RESTRAINT -
IMPROPER RESTRAINT.
(A) Any person walking a dog on a leash on
public property, including sidewalks, and the private
property of others, must keep the dog on a leash and
under physical control being able to restrain the
movement of the dog with the leash at all times. The
leash must be kept in good condition, of sufficient
strength to prevent breaking under pressure and of
material generally resistant to chewing or gnawing by
an animal. The leash must be of a length to control the dog from harassing pedestrians or other animals at all
times.
(B) (1) Fencing must be adequate in terms of
size to the number of dog(s) contained in the fenced
area to prevent the dog(s) from escaping, of
recognized construction methods and in compliance
with all other sections of the municipal code. Gates
must be properly secured by a latching or locking
mechanism and the height and condition of the fence
must be able to prevent the dog(s) from escaping.
(2) A fence should be at least two and
one-half times the height of the dog’s shoulder when
the dog is standing on four legs and be in compliance
with all other sections of the municipal code.

However, should a dog be able to escape from a
fenced yard, either by climbing, jumping or digging,
additional fencing height, kennels or other restraint
methods may be required in addition to fencing.

Fencing must be maintained in continued good
condition. Existing fencing regardless of height will be considered an acceptable means of restraint unless and
until a written complaint is filed with the Division of Animal Control and evaluated, or if fencing allows
dogs to reach over and harass people on adjacent
private property or people on the public right-of-way.
(C) Invisible fencing may be used as an
alternative to traditional fencing as long as the system is installed by an authorized dealer of such products
and set up and maintained in the following manner:
(1) The owner and handler of the dog
receive training regarding the use and maintenance of
said system;
(2) The owner or handler must post signs
visible from the public streets or driveways sufficient to alert the general public upon approaching the
property where the fencing is located; and
(3) Two signs are required stating that the
“Dog is confined by electronic device;” the name,
address and telephone number of the company; any
trademark and/or logo of either the company that
installed the system or the company that maintains the
system. Signs shall be at least six inches by eight
inches and be displayed in a prominent and visible
location.
(D) Dog kennels must be tall enough to prevent
the dog(s) from jumping over, or have a secure top,
and must be able to prevent dog(s) from digging out.

Kennels must have a minimum of 100 square feet for
one dog, plus an additional 25 square feet for each
additional dog in the same enclosure.
(E) Cable runs are authorized as an alternative to
fencing or kennel runs. Cable runs must allow the
animal freedom of motion to move about at will within
a protected area on the property without becoming
tangled in obstacles. The cable runs shall be located in the yard area so as to prevent the dog from traversing
upon another person’s property, public sidewalks or
public property, and from charging and harassing
persons and pedestrians utilizing these properties.

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

San Bernardino - Animals28
(G) It is unlawful to use a weighted chain collar
as a method of restraint.
(H) No person shall use a dog as a weapon or to
threaten or harass other person(s) or animal(s), or keep a dog in such a manner wherein the dog charges a
fence, leaps up and reaches across the fence in an
assaultive manner to a pedestrian on public property or a neighbor legally on private property.
(I) If a dog is found running at large by the city
animal control, the incident shall constitute prima facie evidence that current restraint methods are inadequate, and the owner shall be required to correct any
conditions that permitted the dog to run at large, and
provide such additional restraints as are necessary to
secure and maintain the future restraint of the dog.
(Ord. MC-1214, passed 2-22-2006; Ord. MC-1264,
passed 2-19-2008)
§ 6.08.150 VACCINATION OF OTHER
ANIMALS.
(A) The same vaccination procedure and
exemption shall apply to other animals if the Director
of Animal Control or designated officer shall deem
this prudent to ensure the safety of the public based on the recommendations of the State Department of
Health Services.
(B) Animals shall be vaccinated against rabies
with a vaccine currently licensed for use in such
animal(s) in the United States and approved for use in
such animal by the State Department of Health
Services.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.160 REPORTING OF ANIMAL BITES.
(A) Any person having knowledge of an animal
bite to a human being shall report such bite to the
Animal Control Division immediately.
(B) An owner or custodian of any dog or cat
which is known to have been bitten by or having
contact with a rabid animal or by an animal suspected
of having rabies shall immediately notify the Animal
Control Division.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.170 CONFINEMENT OR

DESTRUCTION OF DOGS AND CATS
SUSPECTED OF HAVING RABIES.
(A) Any dog or cat found within the city
reasonably suspected of having rabies, having contact
with a rabid or suspected rabid animal or exhibiting
the common symptoms of such disease shall be taken
into custody immediately by the animal control officer
and confined in the city animal shelter or at a private veterinarian establishment approved by the Director.

The animal shall be kept in solitary confinement for
such time as recommended by the State Department of
Health Services to determine whether the animal is
afflicted with rabies.
(B) At the time any such animal is impounded,
an attempt shall be made to discover whether the
animal has been vaccinated previously against rabies.

If it is found that such animal has not been vaccinated effectively, then such animal shall be vaccinated by a
licensed veterinarian after the last day of the
observation period described in division (A) above,
unless the animal is humanely destroyed pursuant to
division (C) below.
(C) The animal control officer may cause to be
humanely destroyed any dog or cat which, in the
opinion of a veterinarian or animal health technician,
has rabies, or is in need of confinement pursuant to
division (A) above, but such confinement is impossible
or impractical. In such circumstance, the animal
control officer shall arrange to have the head of such
dog or cat examined for the purpose of confirming
rabies. If the opinion of a veterinarian or animal health Dogs 29
technician is not reasonably obtainable, the officer
may act on his or her own opinion.
(D) All expenses incurred with the enforcement
of the provisions of this section shall be borne by the owner or custodian of the dog or cat.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.180 CONFINEMENT OR

DESTRUCTION OF DOGS AND CATS WHICH
HAVE BITTEN A PERSON.
(A) Every dog or cat which has bitten a person,
or is suspected of having bitten a person, shall be
quarantined away from other animals for a period of
ten days from the date of the bite, or other period of
time as determined by the State Department of Health
Services. The animal control officer may order the
animal quarantined at the shelter, at a private
veterinarian clinic or at the home of the owner,
depending on the conditions of the bite, the severity of the bite, previous bite history, the owner’s ability to satisfy quarantine orders and whether or not local
ordinances were in observance at the time of the bite.
(B) If the animal does not have a current rabies
vaccination, it shall not be vaccinated until the end of the quarantine period.
(C) The animal control officer may cause to be
humanely destroyed any dog or cat when, in the
opinion of a veterinarian or animal health technician,
such confinement as described in division (A) above is
impossible or impractical. In such cases, the animal
control officer shall arrange to have the head of such
dog or cat examined for rabies. If the opinion of a
veterinarian or animal health technician is not
reasonably obtainable, the officer may act on his or
her own opinion.
(D) All expenses incurred with the enforcement
of the provisions of this section shall be borne by the owner or custodian of the dog or cat.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.190 CONFINEMENT OR
DESTRUCTION OF OTHER ANIMALS.

Any animal, other than a dog or cat, which has
bitten a person, has had contact with a rabid or
suspected rabid animal, is reasonably suspected of
having rabies or exhibiting the common symptoms of
rabies shall be confined for quarantine purposes or
destroyed in accordance with the recommendations of
the State Department of Health Services or the local
health officer.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.200 CONCEALMENT OR
WITHHOLDING OF ANIMALS.

It is unlawful to conceal, withhold or refuse to
surrender any animal that is suspected of being rabid,
has been bitten by a rabid or suspected rabid animal or that has bitten a person to prevent it from being
confined or destroyed in accordance with this chapter.
(Ord. MC-833, passed 5-19-1992)
§ 6.08.210 ANIMALS AND VEHICLES.
(A) No person shall transport or carry, on any
public highway or public roadway, any dog(s) or other
animal(s) in a motor vehicle, unless the animal is
safely enclosed within the vehicle or protected by a
cap or container, cage or other device that is
adequately ventilated and that will prevent the dog(s)
or other animal(s) from falling from, being thrown
from or jumping from the motor vehicle.
(B) No person shall leave a dog or any other
animal in an unattended vehicle without adequate
ventilation, or in such a manner as to subject the
animal to extreme temperatures which adversely affect
the animal’s health or welfare.

San Bernardino - Animals30
§ 6.08.220 ANIMAL BITE.

No person shall fail to control or restrain an
animal thereby allowing it to bite a person or domestic animal on public property or lawfully on private
property. A BITE is defined as a puncture wound that
breaks the skin.
(Ord. MC-1214, passed 2-22-2006; Ord. MC-1264,
passed 2-19-2008)
CHAPTER 6.09: VICIOUS AND POTENTIALLY DANGEROUS DOGS
Section

6.09.010 Findings

6.09.020 Definitions

6.09.030 Hearing on declaration of dog as
potentially dangerous or vicious

6.09.040 Determination and orders; notice;
compliance

6.09.050 hearing officer’s decision final -
notice

6.09.060 Seizure and impoundment
pending hearing

6.09.070 Circumstances under which dogs
may not be declared potentially
dangerous or vicious

6.09.080 Potentially dangerous designation
maintained in registration records

6.09.090 Muzzling and vaccination

6.09.100 Keeping and controlling
potentially dangerous dogs

6.09.110 Death, sale, transfer or
permanent removal; notice

6.09.120 Posting property

6.09.130 Removal from list of potentially
dangerous dogs

6.09.140 Keeping and controlling vicious
dogs

6.09.150 Destruction; non-destruction,
conditions; enclosures

6.09.160 Prohibition of owning,
possessing, controlling or having
custody

6.09.170 Fines and limits

6.09.180 Severability
§ 6.09.010 FINDINGS.

The Mayor and City Council find that dogs that
threaten or injure residents of the city constitute a
public safety threat and shall be controlled by the
provisions of this chapter.
(Ord. MC-1470, passed 3-7-2018)
§ 6.09.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

POTENTIALLY DANGEROUS DOG. Any of
the following:
(1) Any dog which, when unprovoked, on
two separate occasions within the prior 36-month
period, engages in any behavior that requires a
defensive action by any person to prevent bodily injury when the person and the dog are off the property of
the owner or keeper of the dog;
(2) Any dog which, when unprovoked, bites
a person causing a less severe injury than as defined
by “vicious dog” below;
(3) Any dog which, when unprovoked,
attacks and inflicts a severe injury on another domestic animal when off the property of the owner or keeper
of the dog or any dog when unprovoked, on two
separate occasions in a 36-month period, has bitten or
injured a domestic animal when off the property of the
owner or keeper; and/or
(4) Any dog off the property of the owner
or keeper of the dog, when unprovoked, has killed a
domestic animal.

SEVERE INJURY. Any physical injury to a
human being that results in muscle tears or lacerations or requires multiple sutures or corrective surgery.

VICIOUS DOG. Any of the following:
31 San Bernardino - Animals32
(1) Any dog seized under Cal. Penal Code,
§ 599aa and upon the sustaining of a conviction of the
owner or keeper under Cal. Penal Code, § 597.5(a);
(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 behavior described in § 6.09.020 or is maintained in violation of
§§ 6.09.080, 6.09.090 or 6.09.100.
(Ord. MC-1264, passed 2-19-2008)
§ 6.09.030 HEARING ON DECLARATION OF

DOG AS POTENTIALLY DANGEROUS OR
VICIOUS.

If an animal control officer or a law enforcement
officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the officer or his or her immediate supervisor may file a petition
with the hearing officer for a hearing, as provided in
§ 6.14.080, to determine whether or not the dog in
question should be declared potentially dangerous or
vicious. Whenever possible, any complaint received
from a member of the public shall be sworn to and
verified by the complainant and attached to the
petition. The Animal Control Division shall notify the
owner or keeper of the dog that a hearing will be held
and that the owner or keeper may present evidence at
the hearing. The Animal Control Division shall serve
upon the owner or keeper of the dog the notice of the
hearing and a copy of the petition either personally or by first class mail with return receipt requested. The
hearing shall be open to the public and held not less
than five working days, nor more than 14 working
days, after service of the notice upon the owner or
keeper of the dog. The hearing officer may admit all
relevant evidence, including incident reports and
affidavits of witnesses, limit the scope of discovery
and may shorten the time to produce records or
witnesses. The hearing officer may decide all issues
even if the owner or keeper fails to appear at the
hearing. The hearing officer may find, upon a
preponderance of the evidence, that the dog is
potentially dangerous or vicious and make other orders
authorized by this chapter.
§ 6.09.040 DETERMINATION AND ORDERS;
NOTICE; COMPLIANCE.

After the hearing conducted pursuant to
§ 6.09.030, the owner or keeper of the dog shall be
notified, either personally or by first class mail,
postage prepaid, in writing of the determination and
orders issued. If the hearing officer determines that the dog is potentially dangerous or vicious, the owner or
keeper shall comply with §§ 6.09.080 through

6.09.140 within ten days after the date of the order or as specified by the hearing officer.
§ 6.09.050 HEARING OFFICER’S DECISION
FINAL - NOTICE.

The written decision of the hearing officer shall
be final, subject to the right to judicial review of any aggrieved party pursuant to Cal. Food and Agriculture
Code, § 31622. The city shall cause notice of the
hearing officer’s decision to be served upon the owner
of the dog either personally or by first class mail,
postage prepaid, forthwith upon issuance.
(Ord. MC-1470, passed 3-7-2018)
§ 6.09.060 SEIZURE AND IMPOUNDMENT
PENDING HEARING.

If the animal control officer or law enforcement
officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, or if the animal was previously declared
potentially dangerous or vicious and the owner is
found to be in violation of the hearing order or of any provisions of this chapter and probable cause exists to believe the dog poses an immediate threat, he or she
may seize and impound the dog pending the hearings
held pursuant to this chapter. If the dog is later
adjudicated potentially dangerous or vicious or if the
owner is found to be in violation of this chapter, the
owner or keeper of the dog will be liable for costs and expenses of impounding the dog. If the animal control
officer determines that the impoundment is not
Vicious and Potentially Dangerous Dogs 33
contrary to public safety, he or she shall permit the
animal to be confined in a city approved kennel or
veterinary facility at the owner’s expense.
(Ord. MC-1214, passed 2-22-2006)
§ 6.09.070 CIRCUMSTANCES UNDER WHICH

DOGS MAY NOT BE DECLARED
POTENTIALLY DANGEROUS OR VICIOUS.
(A) The hearing officer may not declare a dog
potentially dangerous or vicious if the dog inflicted
injury or damage to a person committing a willful
trespass or other tort upon the premises occupied by
the owner or keeper of the dog, or was teasing,
tormenting, abusing or assaulting the dog, or was
committing or attempting to commit a crime.
(B) The dog may not be declared potentially
dangerous or vicious if it was protecting or defending
a person within the dog’s immediate vicinity from an
unjustified attack or assault.
(C) A dog may not be declared potentially
dangerous or vicious if the injury or damage was
sustained by a domestic animal that was teasing,
tormenting, abusing or assaulting the dog.
(D) A dog may not be declared potentially
dangerous or vicious if the injury or damage to a
domestic animal was sustained while the dog was
working as a hunting dog, herding dog or predator
control dog on the property of or under the control of
its owner or keeper, and the damage or injury was to
a type of domestic animal appropriate to the dog’s
work.
§ 6.09.080 POTENTIALLY DANGEROUS

DESIGNATION MAINTAINED IN
REGISTRATION RECORDS.

Notwithstanding the provisions of Chapter 6.08
regarding licensing and vaccination, all potentially
dangerous dogs shall be properly licensed and
vaccinated. A dog determined to be potentially
dangerous will be so designated in its registration
records. The city may charge a potentially dangerous
dog or vicious dog fee in addition to the regular
licensing fee to provide for the increased costs of
maintaining the records of the dog. Any fees regarding
this section shall be set by resolution of the Mayor and City Council.
(Ord. MC-1470, passed 3-7-2018)
§ 6.09.090 MUZZLING AND VACCINATION.

The hearing officer may, by order, require the
muzzling of any dog owned or harbored within the city
that is found to be potentially dangerous or vicious,
and may specify the period of time during which such
dog shall be so muzzled. Any dogs running at large
which are not vaccinated, or which are not muzzled,
pursuant to such order, shall be forthwith put to death by authorized employees of the city. Such muzzling
must not cause injury to the dog or interfere with the
animal’s vision, respiration or its ability to drink.
§ 6.09.100 KEEPING AND CONTROLLING
POTENTIALLY DANGEROUS DOGS.

The owner or keeper of a potentially dangerous
dog must keep the dog indoors or in a securely fenced
enclosure from which the dog cannot escape and into
which children cannot trespass. A potentially
dangerous dog may be off the owner or keeper’s
premises only if it is restrained by a substantial leash, not to exceed six feet in length, and if it is under the direct physical control of a responsible adult.
§ 6.09.110 DEATH, SALE, TRANSFER OR
PERMANENT REMOVAL; NOTICE.

The owner or keeper of a potentially dangerous
dog must notify the Animal Control Division if the
potentially dangerous dog dies, is sold, transferred or permanently removed from the city.
§ 6.09.120 POSTING PROPERTY.

The hearing officer may order that the owner of
a potentially dangerous or vicious dog conspicuously
post the property with warning signs where the
potentially dangerous or vicious dog is housed.

San Bernardino - Animals34
§ 6.09.130 REMOVAL FROM LIST OF
POTENTIALLY DANGEROUS DOGS.

Upon receipt of a petition from the dog owner,
the hearing officer may remove a dog from the list of
potentially dangerous dogs if no additional instances of behavior described in this chapter occur within a 36-
month period from the date of designation as a
potentially dangerous dog.
§ 6.09.140 KEEPING AND CONTROLLING
VICIOUS DOGS.

The owner or keeper of a vicious dog shall
maintain the dog pursuant to the conditions imposed by
§ 6.01.060 and the provisions of this chapter.
§ 6.09.150 DESTRUCTION;
NON-DESTRUCTION, CONDITIONS;
ENCLOSURES.

A vicious dog may be destroyed if the hearing
officer determines that the release of the dog would
create a significant threat to the public health, safety and welfare. If the hearing officer determines that the vicious dog should not be destroyed, the hearing
officer must impose conditions upon the dog’s owner
or keeper that will protect the public health, safety and welfare. If one of the conditions is to require that the vicious dog be confined in an enclosure, the enclosure
must be designed in order to prevent the animal from
escaping and include a fence or structure suitable to
prevent children from entering.
§ 6.09.160 PROHIBITION OF OWNING,

POSSESSING, CONTROLLING OR HAVING
CUSTODY.

The city may prohibit the owner of a vicious dog
from owning, possessing, controlling or having
custody of any dog for a period of up to three years if the hearing officer finds, after proceedings conducted
under §§ 6.09.030 through 6.09.050, that such
ownership or possession would create a significant
threat to the public health, safety and welfare.
§ 6.09.170 FINES AND LIMITS.

Any violation of this chapter involving a declared
potentially dangerous dog or a declared vicious dog
shall be punishable as a misdemeanor.
§ 6.09.180 SEVERABILITY.

If any provision of this title or the application
thereof to any person or circumstance is held invalid,
that invalidity shall not affect other provisions or
applications of the title which can be given effect
without the invalid provision or application, and, to
this end, the provisions of this title are severable.

CHAPTER 6.10: CATS
Section

6.10.010 Findings

6.10.020 Number of cats permitted

6.10.030 Cat fancier permit
§ 6.10.010 FINDINGS.

The Mayor and Common
City Council find that
cat owners who allow their cat(s) to cause a public
nuisance shall be responsible for maintaining their
cat(s) in such a manner as to prevent their cat(s) from interfering with the comfortable enjoyment of life and
property by the surrounding community.
§ 6.10.020 NUMBER OF CATS PERMITTED.

It is unlawful for any person, firm or corporation
to own, harbor or keep on or at any lot, premises or
place more than five cats which are four or more
months of age, except as may be permitted by the
provisions of Title 19 or as may be permitted by this
chapter.
§ 6.10.030 CAT FANCIER PERMIT.
(A) It is unlawful for any person, firm or
corporation to own, harbor or care for more than five
cats over the age of four months without obtaining a
fancier permit from the Division of Animal Control.
(B) The Division of Animal Control may issue a
fancier permit under the following conditions:
(1) All cats owned, harbored or cared for
shall be kept in compliance with § 6.01.060 and any
sections of this title relating to cats;
(2) The fee, or fees, for a fancier permit
shall be set by resolution of the Mayor and
Common
City Council and shall be in addition to any
other permits, licenses or fees required by this title; (3) The number of cats permitted per
residence shall be based upon the following criteria:
(a) Property up to 10,000 square feet:
a maximum of ten cats;
(b) Property between 10,001 square
feet and 15,000 square feet: a maximum of 15 cats;
(c) Property between 15,001 square
feet and 20,000 square feet: a maximum of 20 cats;
(d) No property shall exceed 20 cats;
and
(e) No person residing at the property
where the permit is to be issued may have two or more
convictions of this title, any conviction of anti-cruelty laws or any conviction of animal fighting laws that
have occurred in the 18-month period prior to the
application for the permit.
(4) The animal control officer shall be
admitted to enter and inspect any property or
premises, at any reasonable time, for the purpose of
investigating either an actual or suspected violation or to ascertain compliance or non-compliance with this
title or state animal law;
(5) Any violation of this title or any state
animal law shall constitute reasonable grounds for the
35 San Bernardino - Animals36
revocation of a fancier permit; and
(6) Failure to pay fines associated with any
animal violations, failure to pay any associated permit fees, refusal of an inspection by an authorized animal
control officer or a conviction of animal cruelty laws
shall constitute reasonable grounds for the revocation
of a fancier permit.

CHAPTER 6.11: QUARANTINE
Section

6.11.010 Skunks
§ 6.11.010 SKUNKS.
(A) Pursuant to Cal. H ealth and Safety Code,
§§ 121575 through 121635, and as directed by, and in
accordance with, the Cal. Code of Regulations, Title
17, § 2606.8, there is established a quarantine
prohibiting in the city:
(1) The trapping or capture of skunks for
pets;
(2) The trapping, capture, holding in
captivity or breeding of skunks for sale, barter,
exchange or gift; and
(3) The transportation of all skunks from or
into the city is prohibited except by permit from the
State Department of Health Services to recognized
zoological gardens or research institutions.
(B) This quarantine shall continue as long as
skunk rabies remains a problem in the state and until
revoked by the county health officer.
(C) The county health officer is authorized and
directed to enforce the provisions of this chapter.
(Ord. 821, passed 8-9-1921; Ord. 2968, passed
1-21-1969; Ord. MC-460, passed 5-15-1985)
37 San Bernardino - Animals38
CHAPTER 6.12: POLICE DOGS
Section

6.12.010 Interference with police dogs
§ 6.12.010 INTERFERENCE WITH POLICE
DOGS.

It is unlawful for any person, in a manner not
otherwise prohibited by Cal. Penal Code, § 597, to
tease, harass, agitate, provoke, beat, kick, strike,
injure or in any way interfere with any dog being used
by any police officer in the performance of his or her
official duties.
(Ord. MC-388, passed 7-11-1984)
39 San Bernardino - Animals40
CHAPTER 6.13: ENFORCEMENT - PENALTY
Section

6.13.010 Penalty for violation

6.13.020 General penalties
§ 6.13.010 PENALTY FOR VIOLATION.

Any person, firm or corporation violating or
causing the violation of any provision of this title is guilty of an infraction, unless otherwise stated, which, upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. MC-460, passed 5-15-1985)
§ 6.13.020 GENERAL PENALTIES.
(A) Violations generally. Each method of
enforcement set forth is intended to be mutually
exclusive and does not prevent concurrent or
consecutive methods being used to achieve compliance
against continuing violations. Each and every day any
such violation exists constitutes a separate offense.
(A
B) Administrative citation. If a police
officer, animal control officer, animal license checker or any person designated by Chapter 9.90 to enforce
the various provisions of this title believes that a
violation exists, he or she may issue an administrative citation under the provisions of Chapter 6.14. Payment
of any fine or service of a jail sentence shall not
relieve a person, firm, partnership, corporation or
other entity from the responsibility of correcting the
condition resulting from the violation.
41 San Bernardino - Animals42
CHAPTER 6.14: ADMINISTRATIVE CITATIONS
Section

6.14.010 Legislative findings; statement of
purpose

6.14.020 Definitions

6.14.030 Use of the administrative citation

6.14.040 Violation; authority; fines

6.14.050 Service procedures

6.14.060 Contents of citation

6.14.070 Satisfaction of the administrative
citation

6.14.080 Request for hearing on an
administrative citation

6.14.090 Failure to pay fines

6.14.100 Hearing officer’s decision final -
notice

6.14.110 Severability

6.14.115 Reserved

6.14.120 Severability
§ 6.14.010 LEGISLATIVE FINDINGS;
STATEMENT OF PURPOSE.
(A) The Mayor and City Council find that there
is a need for an alternative method of enforcement for
certain violations of Title 6 and applicable state codes.

The Mayor and City Council further find that an
appropriate alternative method of enforcement for
animal control violations is an administrative citation program, as authorized by Cal. Gov’t Code,
§ 53069.4, which is consistent with the city’s authority as a charter city.
(B) The procedures established in this chapter
shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to
address violations of Title 6 or applicable state codes. (C) It is the desire of the Mayor and City
Council to secure compliance with Title 6. Such
compliance is a matter of local concern and serves an
important public purpose.
(D) Adoption of an administrative citation
program will achieve the following goals:
(1) To protect the public health, safety and
welfare of the citizens of the city;
(2) To gain compliance with Title 6 in a
timely and efficient manner;
(3) To provide for an administrative
procedure to request a hearing on the imposition of
administrative citations and fines; and
(4) To provide an additional method to hold
parties responsible when they fail or refuse to comply
with the provisions of Title 6.
(Ord. MC-1469, passed 3-7-2018)
§ 6.14.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

ANIMAL CONTROL OFFICER or OTHER
AUTHORIZED OFFICER. Any officer or employee
with the authority to enforce Title 6 of the municipal
code as provided in Chapter 9.90.

APPLICANT. Any responsible person who
requests a hearing pursuant to § 6.14.080 herein.

RESPONSIBLE PERSON. Any of the following:
(1) Any person who causes a violation of
Title 6 to occur;
43 San Bernardino - Animals44
(2) Any person who maintains or allows an
animal violation to continue by his or her acts or
failure to act; and/or
(3) Any person described below whose
agent or employee causes or permits a violation to
exist or to continue to exist by his or her acts or failure to act:
(a) A person who is the owner and/or
a person who is a lessee or sub-lessee with the current right of possession of real property where an animal
related violation occurs; or
(b) A person who is the on-site
manager of a business and is responsible for the
activities on such premises.
§ 6.14.030 USE OF THE ADMINISTRATIVE
CITATION.
(A) Use of the administrative citation is limited
to violations of Title 6.
(B) The procedures established in this section
shall be in addition to any criminal, civil or any other legal remedy established by law which may be pursued
to address violations of Title 6. The use of the
administrative citation in place of other remedies shall be subject to the approval of the office of the City
Attorney. Issuance of an administrative citation shall
not be deemed a waiver of any other enforcement
remedies found within this code.
§ 6.14.040 VIOLATION; AUTHORITY; FINES.
(A) Any person violating any provision of Title
6 may be issued an administrative citation by an
animal control officer, or other authorized officer, as provided in this chapter.
(B) Each and every day a violation of any
provision of Title 6 exists constitutes a separate and
distinct offense. Each section of Title 6 violated
constitutes a separate and distinct violation.
(C) Any fine assessed by means of an
administrative citation issued by the animal control
officer, or other authorized officer, shall be payable
directly to the city.
(D) Any person who receives an administrative
citation shall be required to pay a fine in the following amounts:
(1) A fine not exceeding $100 for the first
administrative citation;
(2) A fine not exceeding $200 for a second
administrative citation for violation of the same
ordinance if issued within a 12-month period; and
(3) A fine not exceeding $500 for any
subsequent issued administrative citation for violation of the same ordinance within a 12-month period.
§ 6.14.050 SERVICE PROCEDURES.

In any case where an administrative citation is
issued, service of the citation shall be made by
complying with the following.
(A) Personal service. The animal control officer,
or other authorized officer, shall attempt to locate and personally serve the responsible person and obtain the
signature of the responsible person on the
administrative citation. If the responsible person
refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent
proceedings; or if the responsible person cannot be
contacted and personally served after reasonable
efforts to do so have failed, service may be effected by certified mail.
(B) Mail and posting. The responsible person
shall be served by certified mail, return receipt
requested. Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed
effective pursuant to first class mail; provided the
citation sent by first class mail is not returned.
§ 6.14.060 CONTENTS OF CITATION.

Administrative Citations 45
(A) Each administrative citation shall contain the
following information:
(1) Date, approximate time and address or
definite description of the location where the
violation(s) was/were observed;
(2) The Title 6 code section(s) violated and
a description of the violation(s);
(3) The amount of the fine for the
violation(s);
(4) An explanation of how the fine shall be
paid and the time period by which it shall be paid;
(5) Identification of rights to a hearing,
including the time within which the hearing may be
requested;
(6) The name and signature of the animal
control officer, or other authorized officer, issuing the citation; and
(7) A schedule of late fees.
(B) If the violation is one which is continuing, a
notice to correct the violation and an explanation of the consequences for failing to correct the violation shall be issued concurrently with the citation.
§ 6.14.070 SATISFACTION OF THE
ADMINISTRATIVE CITATION.

Upon receipt of a citation, the responsible person
must:
(A) Pay the fine to the city within 15 days from
the issue date of the administrative citation. All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; or
(B) File a request for hearing pursuant to
§ 6.14.080.
§ 6.14.080 REQUEST FOR HEARING ON AN
ADMINISTRATIVE CITATION.
(A) Time to file a request for hearing. Any
recipient of an administrative citation may contest the citation by completing a request for hearing form and
returning it to the City Clerk within 15 days from the
date the citation is served or deemed to have been
served. A failure to file a timely request for hearing
shall be deemed a waiver of the right to a hearing on
the citation and a failure to exhaust administrative
remedies.
(B) Hearing officer. The hearing officer shall be
a neutral contracted by the city to hear such matters.
(C) Hearing procedure.
(1) No hearing to contest an administrative
citation before a hearing officer shall be held unless
and until a request for hearing form has been
completed and submitted within the time limits set
forth above.
(2) After receipt of the request for hearing
form, a hearing before the hearing officer shall be set for a date that is not less than 15, and not more than
60, days from the date that the request for a hearing is filed in accordance with the provisions of this chapter.

The applicant shall be notified of the time and place
set for the hearing at least ten days prior to the date of the hearing.
(3) The applicant shall be given the
opportunity to testify and present evidence concerning
the administrative citation.
(4) Formal rules of evidence shall not
apply.
(D) The administrative citation and any
additional documents submitted by the animal control
officer, or other authori zed officer, shall constitute prima facie evidence of the respective facts contained
in those documents.
(E) If the animal control officer, or other
authorized officer, submits an additional written report concerning the administrative citation to the hearing
San Bernardino - Animals46
officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person
requesting the hearing at least ten days prior to the
date of the hearing.
(F) At least ten days prior to the hearing, the
recipient of an administrative citation shall be provided with copies of the reports and other documents
submitted or relied upon by the animal control officer, or other authorized officer. The hearing shall not be
conducted according to formal rules of evidence or
procedure, but shall be conducted in a manner
generally consistent with the Administrative Procedure
Act, Cal. Gov’t Code, §§ 11370 et seq.
(G) The hearing officer may continue the hearing
and request additional information from the issuing
animal control officer, or other authorized officer, or the recipient of the administrative citation, prior to
issuing findings of fact and statement of decision.
(H) Any person who has filed a “request for
hearing” and has been notified of the time and date for a hearing pursuant to this chapter who does not appear
at said hearing and does not seek a continuance prior
to the hearing shall be deemed to have waived the
right to be present at the hearing, and the hearing shall proceed in their absence.
(I) After considering all of the testimony and
evidence submitted at the hearing, the hearing officer
may immediately issue a verbal decision or may issue
a written decision within ten working days of the
hearing. The decision shall include the reasons
therefor and the amount of any fine imposed. Said
decision shall also include any conditions pertaining to the correction of the violation(s) and any time limits
set for said corrections. If a verbal decision is issued at the hearing, a written decision shall be prepared by the hearing officer and mailed to the applicant within
ten working days of the hearing. The effective date of
the decision shall be the mailing date of the written
decision to the applicant.
(Ord. MC-1469, passed 3-7-2018)
§ 6.14.090 FAILURE TO PAY FINES.
(A) Failure of any person to pay a fine assessed
by administrative citation within the time specified on the citation, or designated by the hearing officer as a result of a hearing, shall result in an assessment of an additional late fee in accordance with the following
late fee schedule.
(1) Failure to pay the administrative
citation, if no appeal is filed, within 15 days after the date the citation was issued by an officer shall result in a $25 late penalty assessed.
(2) Any fines and late fees which remain
outstanding, when no appeal is filed, 30 days beyond
the date the citation was issued by an officer shall have assessed an additional $25 late penalty, for a total of a $50 late fee.
(B) The failure of any person to pay an
administrative fine within the time frames specified on the citation, or upon the hearing as ordered by the
hearing officer, shall be considered a debt to the city.

To enforce that debt, the Director of Animal Control
may file a small claims action or pursue any other
legal remedy to collect such money. The city may also
recover its collection costs, along with fines assessed, as established by proof of the cost of attempts to
collect the debt.
(C) It shall be unlawful for any person to fail to
abide by any decision of the hearing officer.
§ 6.14.100 HEARING OFFICER’S DECISION
FINAL - NOTICE.

The decision of the hearing officer shall be issued
in writing and shall be final, subject to the right to
judicial review of any aggrieved party pursuant to, by
filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance
with the time lines and provisions set forth in Cal.

Gov’t Code, § 53069.4.
(Ord. MC-1469, passed 3-7-2018)
§ 6.14.110 SEVERABILITY.

The provisions of this chapter are severable, and,
if any sentence, section, phrase, word or other part of Administrative Citations 47
the title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the
remaining provisions shall continue in full force and
effect.
(Ord. MC-1469, passed 3-7-2018)
§ 6.14.115 RESERVED.
[Reserved]
(Repealed by Ord. MC-1469, passed 3-7-2018)
§ 6.14.120 SEVERABILITY.

The provisions of this title are severable, and, if
any sentence, section or other part of the title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions
shall continue in full force and effect.
(Ord. MC-1114, passed 1-8-2002)
San Bernardino - Animals48
TITLE 7: RESERVED
[Reserved]
1 San Bernardino - Reserved2
TITLE 8: HEALTH AND SAFETY
Chapter

8.01. ENVIRONMENTAL HEALTH CODE (“EHC”)

8.02. INSPECTION GRADING OF FOOD ESTABLISHMENTS

8.03. APIARIES

8.05. COLLECTION OF RENT FOR BUILDINGS ORDERED

VACATED

8.06. DISTRIBUTION OF MEDICINE, PILLS OR DRUGS

8.07. RESERVED

8.09. TREATMENT OF WOUNDED PERSONS

8.12. RESERVED

8.14. YARD SALES

8.15. LITTER

8.18. ACCUMULATION OF COMBUSTIBLE AND

NON-COMBUSTIBLE MATERIALS

8.19. ABATEMENT OF FIRE HAZARDS AND HAZARDOUS
TREES

8.21. RESERVED

8.24. SOLID WASTE COLLECTION, REMOVAL, DISPOSAL,

PROCESSING AND RECYCLING

8.24.5. CONSTRUCTION AND DEMOLITION WASTE

RECYCLING PROGRAM

8.25. SCRAP TIRES

8.27. NUISANCES

8.30. PUBLIC NUISANCES

8.33. RESERVED
1 San Bernardino - Health and Safety2

8.35. RESERVED

8.36. ABANDONED VEHICLES

8.38. SIGNS ON VACANT PROPERTIES

8.39. SEIZURE AND FORFEITURE OF NUISANCE VEHICLES

8.42. RESERVED

8.45. RESERVED

8.48. HOTELS AND LODGING HOUSES

8.50. VENEREAL DISEASES

8.51. MUFFLERS

8.54. NOISE CONTROL

8.57. SOUND VEHICLES

8.60. FIREWORKS

8.61. PROHIBITED FIREWORKS

8.63. EXPLOSIVES AND FIRES

8.65. DESTRUCTION OF WEAPONS

8.66. MOVING OF BUILDINGS AND OVERSIZE LOADS

8.68. ETCHING CREAM, AEROSOL CONTAINERS AND

CERTAIN MARKER PENS

8.69. GRAFFITI

8.72. RESERVED

8.73. NO SMOKING IN PARKS

8.75. RESERVED

8.78. AUTOMATIC DIALING AND TAPED MESSAGE ALARM

SYSTEMS
3 8.79. FLOODPLAIN MANAGEMENT

8.80. STORM WATER DRAINAGE SYSTEM

8.81. SECURITY ALARM SYSTEMS

8.82. ESTABLISHMENT OF EXTRAORDINARY LAW

ENFORCEMENT SERVICES

8.83. SOCIAL HOST ACCOUNTABILITY

8.84. CASTOR BEAN PLANTS

8.87. RAILROAD COMPANIES

8.90. MOBILE HOME RENTS

8.93. BICYCLES PROHIBITED IN CERTAIN PUBLIC

BUILDINGS

8.95. ANIMALS PROHIBITED IN CITY BUILDINGS

8.97. SMOKING CANNABIS IN PUBLIC PLACES

8.99. PERSONAL CULTIVATION OF CANNABIS
Cross-reference:

For Charter provisions authorizing the Common Council to make and enforce all such local, police, sanitary and regulations as pertain to municipal affairs, see City Charter, § 40(b).

San Bernardino - Health and Safety4
CHAPTER 8.01: ENVIRONMENTAL HEALTH CODE (“EHC”)
Section

8.01.010 Purpose

8.01.020 Exceptions to adopted code

8.01.030 Remedies/penalties
§ 8.01.010 PURPOSE.

Pursuant to Cal. Health and Safety Code, §§ 480
et seq., 500 et seq. and 1155.5 §§ 101025 et seq.,
101275 et seq., 101310, 101375 et seq., 101450 et
seq. and 120125 et seq.; Cal. Public Resources Code,
§§ 21050 et seq. (Environmental Quality Act of 1970);
Title 17 of the Cal. Administrative Code (now
California Code of Regulations) ; and other relevant
state law, for the protection of the environmental
public health, the issuance of permits and collection of fees and providing penalties and remedies for the
violation of such regulations, there is adopted by the
city, as its Environmental Health Code, that certain
code known as the Uniform Environmental Health
Code, being Chapters 1 through 11, Division 3, Title
III of the San Bernardino County Code, except as
provided in § 8.01.020. This code also specifically
adopts Title III, Division 8, Chapters 1 through 11,
inclusive, of the San Bernardino County Code, entitled
“Underground Storage of Hazardous Substances.”the
“Regulatory References for Underground Storage
Tanks,” including Cal. Code of Regulations, Title 23,
Division 3, Chapter 16, Article 7, §§ 2670 through
2671; Cal. Health and Safety Code, § 25298; and San
Bernardino County Code, Title 2, Division 3, Article
2, §§ 23.07210 through 23.07213. The city designates
both the city, and any employee thereof, and the
County Department of Environmental Health Services
(“DEHS”) as the enforcement agencies for the purpose
of this Environmental Health Code and all state law
pertaining to environmental health. Pursuant to Cal.

Gov’t Code, § 50022.6, a copy of said code is on file
in the office of the City Clerk and the same is adopted and incorporated as fully as if set out at length herein. (Ord. MC-613, passed 12-21-1987; Ord. MC-1545,
passed 10-7-2020)
§ 8.01.020 EXCEPTIONS TO ADOPTED CODE.

The Environmental Health Code is amended,
changed or deleted as follows.
(A) Chapter 8 - Article 1 - “Refuse Storage” is
deleted.
(B) Chapter 8 - Article 2 - “Refuse Collection”
is deleted.
(C) Chapter 8 - Article 6 - “Designated
Maintenance Areas” is deleted.
(Ord. MC-613, passed 12-21-1987)
§ 8.01.030 REMEDIES/PENALTIES.
(A) It shall be unlawful for any person or entity
to deny access, interfere with, prevent, restrict,
obstruct or hinder either the city or the Department of Environmental Health Services’ (“DEHS”) employees
or agents acting within the scope of their duty or
agency. It shall be unlawful for any person to fail to
identify oneself upon lawful request by either the city or the Department of Environmental Health Services
(“DEHS”) employees or agents acting within the scope
of their duty or agency. Offering physical resistance or bodily attack upon authorized representative of the city or DEHS acting within the scope of his or her duty or
agency is a misdemeanor, punishable by imprisonment
in the county jail for not less than ten days, without
the alternative of a fine.
5 San Bernardino - Health and Safety6
(B) In addition to criminal prosecution, civil
action and every other remedy or penalty provided by
law, public nuisance may be abated or enjoined in an
action brought by either the city or DEHS, or under
circumstances immediately dangerous to public health
or safety, may be summarily abated by either the city
or DEHS enforcement officers as provided herein or
otherwise in the manner provided by law for the
summary abatement of public nuisances.
(C) Except where punishable as a misdemeanor
or felony under state law or herein, any person or
entity who violates any provision of this
Environmental Health Code (“EHC”) shall be guilty
of an infraction and, upon conviction thereof, shall be punished by a fine of not less than $25 but not
exceeding $100 for a first violation, a fine not
exceeding $200 for a second conviction within one
year and a fine not exceeding $500 for the third
conviction within one year, the fourth and additional
convictions within one year shall be punishable as
misdemeanors and shall be punished by a fine not less
than $250 nor more than $1,000, or by imprisonment
in the county jail for a term not exceeding six months, or both, and such convicted person or entity may, in
the discretion of the court, be adjudged in addition to the above pena lties, to be liable to the city and/or
DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up and other
actual costs incurred by the city and/or DEHS or its
agents pertaining to the violation.
(D) Each day or portion thereof in violation shall
be considered a separate and distinct offense. The
owner, manager and operator of every activity or
facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any
of its provisions. Payment of any penalty or serving
any term of imprisonment herein provided shall not
relieve any person or entity from the responsibility of correcting the condition constituting the violation.
(E) Unless otherwise stated in this chapter, any
violation of this chapter may be prosecuted by the City Attorney and be punishable as an infraction or a
misdemeanor in accordance with Chapter 1.12.
(Ord. MC-613, passed 12-21-1987; Ord. MC-1545,
passed 10-7-2020)
CHAPTER 8.02: INSPECTION GRADING OF FOOD ESTABLISHMENTS Section

8.02.010 Adoption of the San Bernardino
County Code

8.02.020 Administering agency designated

8.02.030 Schedule and collection of fees

8.02.040 Violations - penalty
Appendix A: Figures
§ 8.02.010 ADOPTION OF THE SAN
BERNARDINO COUNTY CODE.
(A) The city adopts by reference, and makes a
part of this chapter, San Bernardino County Code,
Chapter 14 of Division 3 of Title 3, entitled
“Inspection Grading of Food Establishments”
(attached and incorporated herein as Exhibit A), with
the following exceptions (shown with additions
underlined and deletions lined-out):
(1) Section 33.1403, “Grading,” division
(c) is amended to read as follows:
(c) Any food establishment that fails to
attain at least a “B” grade, as defined
herein, shall be issued written notice,
through an OIR, by the health official. The
food establishment must correct the
deficiencies listed in the OIR and must file a
written request for a re-score inspection with
the health official within 30 days of the OIR.

A re-score inspection shall be conducted by
the health official and be subject to a
re-score inspection fee as provided in the
Code, Schedule of Fees. The health official
will complete the re-score inspection within
ten (10) County business days of food
establishment’s filing of a written request for
a re-score inspection. A food establishment
failing to comply with the OIR, or failing to
attain at least a “B” grade on the re-score
inspection, may be immediately closed by
the health official pursuant to State law and
remain closed until at least a “B” grade is
achieved on a re-score inspection. Nothing
in this provision shall prohibit the health
official from immediately closing any food
establishment if, at his discretion, immediate
closure is necessary to protect the public
health pursuant to State law.
(2) Section 33.1404, “Notice of Closure,”
is amended to read as follows:
“Notice of Closure” means a public notice
that shall be posted by the health official at
a food establishment upon suspension or
revocation of the food establishment’s public
health permit and that results in the closure
of the food establishment and the
discontinuance of all operations of the food
establishment, by order of the health official,
because of violations of applicable federal,
state, and local laws and regulations relating
to the protection of public health. The
Notice of Closure shall remain posted until
removed by the health official. Removal of
the Notice of Closure by any person other
than the health official or the refusal of a
food establishment to close upon issuance of
the written notice of suspension of the public
health permit is a violation of this Chapter
and may result in the revocation of the food
establishment’s public health permit and
shall be prosecuted by the City Attorney and
be punishable as a misdemeanor as specified
in section 33.0112 of this Code Chapter 1.12
of the San Bernardino Municipal Code.
(3) Section 33.1406, “Posting Requirements
- Penalty for Non-Compliance - Documents Available
7 San Bernardino - Health and Safety8
for Public Review,” division (c) is amended to read as
follows:
(c) The Letter Grade Card shall not be
defaced, marred, camouflaged, hidden or
removed. It shall be unlawful to operate a
food establishment unless the Letter Grade
Card is posted. Removal of the Letter Grade
Card or any other signs posted by the health
official, is a violation of this Chapter and
may result in the suspension or revocation of
the public health permit and shall be
prosecuted by the City Attorney and be
punishable as an infraction or a
misdemeanor as specified in section 33.0112
of this Code Chapter 1.12 of the San
Bernardino Municipal Code.
(B) The aforementioned sections of the San
Bernardino County Code, as amended herein, are
adopted as the inspection grading of food
establishments program for the city.
§ 8.02.020 ADMINISTERING AGENCY
DESIGNATED.

The County Department of Public Health is
designated as the administering agency for the city and is authorized to provide the qualified personnel
necessary to implement the provisions of this chapter.
§ 8.02.030 SCHEDULE AND COLLECTION
OF FEES.

The schedule of fees contained within the
provisions of the County Code, adopted herein, and as
which may be modified in the future by the county, is
adopted as the fees in effect in the city, and shall be applicable within the city to provide for the
administration of this chapter. The county shall
administer and collect these fees for deposit with the
County Treasurer to offset the costs assumed by the
county in administering this program.
§ 8.02.040 VIOLATIONS - PENALTY.

Unless otherwise stated in this chapter, any
violation of this chapter may be punishable as an
infraction or a misdemeanor in accordance with
Chapter 1.12.
(Ord. MC-1271, passed 5-21-2008)
Inspection Grading of Food Establishments 9
San Bernardino - Health and Safety10
APPENDIX A: FIGURES
Figure 1.

Inspection Grading of Food Establishments 11
Figure 2.

San Bernardino - Health and Safety12
Figure 3.

CHAPTER 8.03: APIARIES
Section

8.03.010 Nuisance

8.03.020 Maintenance of more than two
swarms unlawful

8.03.030 Violation - penalty
Statutory reference:

For provisions on bees, see Cal. Food and
Agricultural Code, §§ 29000 et seq.
§ 8.03.010 NUISANCE.

The Mayor and Common
City Council do
determine and declare that the maintenance of apiaries
and the keeping of bees in larger numbers than two
stands or swarms within the city has become and is
dangerous to the inhabitants of the city, and become
and is an obstruction to the free use of property in the city, so as to interfere with and prevent the
comfortable enjoyment of life and property of a
considerable number of persons, residents of the city;
and the maintenance of apiaries and the keeping of
bees in larger numbers than two stands or swarms at
any one place within the city is a public nuisance.
(Ord. 421, passed 9-13-1909)
§ 8.03.020 MAINTENANCE OF MORE THAN
TWO SWARMS UNLAWFUL.

It is unlawful for any person, firm or corporation
to keep or maintain an apiary or keep or maintain
more than two stands or swarms of bees at any one
place within the corporate limits of the city.
(Ord. 421, passed 9-13-1909)
§ 8.03.030 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of infraction, which, upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. 421, passed 9-13-1909; Ord. MC-460, passed
5-15-1985)
13 San Bernardino - Health and Safety14
CHAPTER 8.05: COLLECTION OF RENT FOR BUILDINGS ORDERED VACATED Section

8.05.010 Collection of rent
§ 8.05.010 COLLECTION OF RENT.

It shall be unlawful for any property owner,
landlord, manager or agent to demand, accept, receive
or retain any payment of rent if the building or portion thereof for which the rent is paid has been ordered
vacated by the Building Official due to the existence of unsafe or dangerous building conditions, unless a lease or rental agreement executed before the effective date
of the ordinance incorporated in this chapter provides
otherwise, until a new certificate of occupancy is
issued.
(Ord. MC-804, passed 8-20-1991)
15 San Bernardino - Health and Safety16
CHAPTER 8.06: DISTRIBUTION OF MEDICINE, PILLS OR DRUGS Section

8.06.010 Unlawful distribution

8.06.020 Violation - penalty
§ 8.06.010 UNLAWFUL DISTRIBUTION.

It is unlawful for any person, persons, association
or corporation, whether as principal, officer, clerk,
agent or employee, either for themselves or any other
person, persons, association or corporation or
otherwise, to distribute or place in any private place, or at or near any residence, or upon any private
doorstep, except in the hand of some adult person, any
samples or patent medicine, pills or drugs, either in
bottle or boxes, or otherwise.
(Ord. 294, passed 11-17-1903)
§ 8.06.020 VIOLATION - PENALTY.

Every person, association or corporation violating
any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 294, passed 11-17-1903; Ord. MC-460, passed
5-15-1985)
17 San Bernardino - Health and Safety18
CHAPTER 8.07: RESERVED
(Repealed by Ord. MC-460, passed 5-15-1985)
19 San Bernardino - Health and Safety20
CHAPTER 8.09: TREATMENT OF WOUNDED PERSONS
Section

8.09.010 Notice to Chief of Police when

8.09.020 Failure to notify an infraction
§ 8.09.010 NOTICE TO CHIEF OF POLICE
WHEN.

Every physician, surgeon, osteopath or other
person within the corporate limits of the city who
dresses or treats or prescribes for any wound of any
human being or human beings who has been wounded,
which such wound may have been caused or made by
a sharp or blunt instrument or by a bullet or bullets
from a gun or pistol, shall immediately notify the
Chief of Police or other police officer of the city that he or she has so dressed, treated or prescribed for such wound of a human being.
(Ord. 625, passed
12-21-16)
§ 8.09.020 FAILURE TO NOTIFY AN
INFRACTION.

Every such physician, surgeon, osteopath or other
person who fails to so notify the Chief of Police or
other police officer of the city that he or she has so
dressed, treated or prescribed for such wound of a
human being is gu ilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 625, passed
12-21-16; Ord. MC-460, passed
5-15-1985)
21 San Bernardino - Health and Safety22
CHAPTER 8.12: RESERVED
(Repealed by Ord. MC-460, passed 5-15-1985)
23 San Bernardino - Health and Safety24
CHAPTER 8.14: YARD SALES
Section

8.14.010 Definitions

8.14.020 Frequency, duration, hours and
permissible dates

8.14.030 Display of personal property

8.14.040 Signs

8.14.050 Estate sale exemption

8.14.060 Non-profit organization
exemption

8.14.070 Violation - penalty
§ 8.14.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

DEPARTMENT. The Department of Community
Development and Housing of the City of San
Bernardino.

ESTATE SALE or ESTATE LIQUIDATION. A
type of yard sale or auction to dispose of a substantial portion of the materials owned by a person who is
recently deceased, or who must dispose of his or her
personal property to facilitate a move necessitated by
the relocation of the owner due to advanced age or
disability and which sale is conducted by a person or
entity that has legal authority to make such sale.

PERSONAL PROPERTY. Property which is
owned, utilized or maintained by an individual or
members of a residence or family and acquired in the
normal course of living in or maintaining a residence.

It does not include new merchandise or merchandise
which was purchased for resale or obtained on
consignment.

RESIDENTIAL ZONE. Any residentially zoned
property, as defined by the city’s zoning ordinances,
or property used for residential purposes as permitted
by the city’s Development Code, or premises zoned
for another use, providing the actual and principal
current use of such premises is for residential
purposes. The definition includes both single-family
and multiple-family residential.

SELLER. Any of the following:
(1) The person authorized by the premises
owner to sell the personal property at the yard sale;
(2) The tenant of the premises where the
yard sale is conducted; or
(3) The owner of the premises where the
yard sale is conducted.

YARD SALE. The offer of sale of personal
property, open to the public, conducted from or on a
premises in any residential or commercial zone. The
term YARD SALE includes, but is not limited to, all
sales entitled, advertised or called “garage sale,”
“lawn sale,” “yard sale,” “porch sale,” “patio sale,”
“estate sale,” “moving sale,” “flea market” or
“rummage sale.”
(Ord. MC-1625, passed 2-21-2024)
§ 8.14.020 FREQUENCY, DURATION, HOURS
AND PERMISSIBLE DATES.
(A) (1) Subject to the additional limitations
imposed by division (B) and (C) below, no yard sale
shall be conducted by any seller or at any location
more frequently than 12 times in any calendar year.
(2) For purposes of this section,
CALENDAR YEAR means the 12-month period from
January through December, inclusive.
25 San Bernardino - Health and Safety26
(B) Yard sales may be conducted up to a
maximum period of three consecutive days.
(C) Yard sales may be conducted only during
daylight hours.
(D) (1) Yard sales shall only be conducted on
the third weekend of each month.
(2) For purposes of this division (D), the
term WEEKEND means Friday, Saturday and Sunday.
§ 8.14.030 DISPLAY OF PERSONAL
PROPERTY.

No items other than personal property may be
sold at any yard sale. Personal property may not be
displayed in the public right-of-way, and all personal
property shall be arranged so that fire safety service
and other officials may have access for inspection at
all times during the sale. Personal property may only
be displayed on the days of and between the hours of
yard sales as provided in this chapter.
§ 8.14.040 SIGNS.
(A) Three unlighted signs shall be permitted not
exceeding four square feet in area advertising such
yard sale. Such signs shall be displayed only during
the period of the yard sale. The signs shall be
permitted only on the property where such yard sale is
located. Such signs may be posted 24 hours prior to
the yard sale and must be removed immediately
following the yard sale.
(B) Directional signs not larger than two square
feet may be placed on private property, provided the
person conducting the yard sale has obtained the prior
consent from the owner or occupant of the premises
where the directional sign is placed. There shall be no more than four such directional signs erected for any
yard sale permitted pursuant to this chapter.
(C) Any signage allowed by this section is
prohibited on the public rights-of-way.
§ 8.14.050 ESTATE SALE EXEMPTION.

The child, survivor or heir of the owner of
personal property, or a person with legal authority
over the personal property of another, who is the seller at an estate sale of such personal property, and who
attests that the estate sale is necessitated by the
relocation of the owner due to advanced age or
disability, or is necessitated by the death of the owner, shall not be subject to the limitations of § 8.14.020(A) and (D) regarding the permissible dates on which such
yard sale may be conducted. The person(s) conducting
such an estate sale shall be required to obtain a permit and shall be subject to all other regulations established herein.
§ 8.14.060 NON-PROFIT ORGANIZATION
EXEMPTION.

Non-profit organizations shall not be subject to
the limitations of § 8.14.020(A) and (D) regarding the
permissible dates on which such yard sale may be
conducted provided that the sale is conducted on
property owned or leased by said non-profit
organization.
§ 8.14.070 VIOLATION - PENALTY.
(A) Any person who violates or causes violation
of any provision of this chapter shall be deemed guilty of an infraction or misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) A violation of this chapter may be enforced
or punished in any manner prescribed by law or
through any other process or procedure established or
allowed by this code or applicable law.
(Ord. MC-1339, passed 11-16-2010; Ord. MC-1344,
passed 1-11-2011)
Yard Sales 27
San Bernardino - Health and Safety28
CHAPTER 8.15: LITTER
Section

8.15.010 Short title

8.15.020 Definitions

8.15.030 Litter in public places

8.15.040 Placement of litter in receptacles
so as to prevent scattering

8.15.050 Sweeping litter into gutters
prohibited

8.15.060 Litter in parks

8.15.070 Throwing or distributing
handbills in public places

8.15.080 Placing commercial and
non-commercial handbills on
vehicles

8.15.090 Depositing commercial and
non-commercial handbills on
uninhabited or vacant premises

8.15.100 Prohibiting distribution of
handbills where properly posted

8.15.110 Distributing commercial and
non-commercial handbills at
inhabited private premises

8.15.120 Dropping litter from aircraft

8.15.130 Posting notices prohibited

8.15.140 Litter on occupied private
property

8.15.150 Owner to maintain premises free
of litter

8.15.160 Litter on vacant lots

8.15.170 Violation - penalty
Statutory reference:

For provisions on littering, see Cal. Penal Code,
§§ 374 through 374.b.5
, 374.3 and 374.4
§ 8.15.010 SHORT TITLE.

The ordinance codified in this chapter shall be
known and may be cited as the “Anti-Litter
Ordinance.”
(Ord. 2732, passed 4-5-1966)
§ 8.15.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning. When not
inconsistent with the context, words used in the
present tense include the future, words used in the
plural number include the singular number and words
used in the singular number include the plural number.

The word “shall” is always mandatory and not merely
directory.

AIRCRAFT. Any contrivance now known or
hereafter invented, used or designed for navigation or
for flight in the air. AIRCRAFT shall include
helicopters, lighter-than-air powered craft and
balloons.

CITY. The City of San Bernardino.

COMMERCIAL HANDBILL. Any printed or
written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any
matter of literature:
(1) Which advertises for sale any
merchandise, product, commodity or thing;
(2) Which directs attention to any business
or mercantile or commercial establishment, or other
activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) Which directs attention to or advertises
any meeting, theatrical performance, exhibition or
event of any kind, for which an admission fee is
charged for the purpose of private gain or profit; but
the terms of this clause shall not apply where an
29 San Bernardino - Health and Safety30
admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such
meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or has taken place in connection with the dissemination of
information which is not restricted under the ordinary
rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license,
where such license is or may be required by any law
of this state, or under any ordinance of this city; or
(4) Which, while containing reading matter
other than advertising matter, is predominately and
essentially an advertisement, and is distributed or
circulated for advertising purposes, or for the private benefit and gain of any person so engaged as
advertiser or distributor.

GARBAGE. Table refuse, swill and offal, and
every accumulation of animal, vegetable and other
matter that attends the preparation, consumption,
decay or dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse from
kitchens and all household waste that has been
prepared from or intended to be used as food, or has
resulted from the preparation of food and also includes all vegetable trimmings from markets or stores.

Articles and things not hereinbefore enumerated are
not included in the term GARBAGE: dead animals
over five pounds in weight, dish or wastewater, paper
and other combustible or inflammable material,
crockery, glass, cans, tins, ashes, wire and sweepings
and like materials.

LITTER. Garbage, refuse and rubbish, as defined
in this section, and including, but not limited to,
animal excrement, and in addition, all other waste
material, if thrown or deposited as prohibited in this
chapter, which tends to create a public nuisance.

NEWSPAPER. Any newspaper of general
circulation, as defined by general law, any newspaper
duly entered with the Post Office Department of the
United States in accordance with federal statute or
regulation, and any newspaper filed and recorded with
any recording officer as provided by general law; and,
in addition thereto, means and includes any periodical
or current magazine regularly published with not less
than four issues per year, and sold to the public, and
any current periodical or newspaper which has not
been adjudicated as a newspaper of general circulation
pursuant to Cal. Gov’t Code, Title 1, Division 7,
Chapter 1, but which is nevertheless printed, published and circulated at regular daily, weekly or monthly
periods and which devotes at least 15% of its printed
matter to news subjects.

NON-COMMERCIAL HANDBILL. Any printed
or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine,
paper, booklet or any other printed or otherwise
reproduced original or copies of any matter of
literature not included in the aforesaid definitions of a commercial handbill or newspaper.

PARK. Any public area, owned or used by the
city, devoted to active or passive recreation, including, but not limited to, a reservation, playground,
recreation center or any other public area in the city.

PERSON. Any person, firm, partnership,
association, corporation, company or organization of
any kind.

PRIVATE PREMISES. Any dwelling, house,
building or other structure, designed or used, either
wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps, vestibule or
mailbox belonging or appurtenant to such dwelling,
house, building or other structure.

REFUSE. All putrescible and non-putrescible
solid wastes, except body wastes, including, but not
limited to, garbage, rubbish, ashes, residue from street cleaning, dead animals, abandoned automobiles and
solid market and industrial wastes.

RUBBISH. Non-putrescible solid wastes
consisting of both combustible and non-combustible
wastes, including, but not limited to, paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, wood,
glass, plastic, cloth, bedding, crockery and similar
materials.

Litter 31
(Ord. 2732, passed 4-5-1966; Ord. 2747, passed
5-24-1966; Ord. MC-1194, passed 5-3-2005)
§ 8.15.030 LITTER IN PUBLIC PLACES.

It is unlawful for any person to throw or deposit
litter in or upon any street, sidewalk or other public
place within the city, except in public receptacles or in authorized private receptacles for collection, or in
official city dumps.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
Statutory reference:

Definition of rubbish, see In re Pedrosian (1932)
124 Cal. App. 692, 694, 698.
§ 8.15.040 PLACEMENT OF LITTER IN

RECEPTACLES SO AS TO PREVENT
SCATTERING.

Persons placing litter in public receptacles or in
authorized private receptacles shall do so in such a
manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or
other public place.
(Ord. 2732, passed 4-5-1966)
§ 8.15.050 SWEEPING LITTER INTO
GUTTERS PROHIBITED.

It is unlawful for any person to sweep into or
deposit in any gutter, street or other public place
within the city the accumulation of litter from any
building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.060 LITTER IN PARKS.

It is unlawful for any person to throw or deposit
litter in any park within the city except in public
receptacles and in such a manner that the litter will be prevented from being carried or deposited by the
elements upon any part of the park or upon any street
or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and
properly disposed of elsewhere.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.070 THROWING OR DISTRIBUTING
HANDBILLS IN PUBLIC PLACES.

It is unlawful for any person to throw or deposit
any commercial or non-commercial handbill in or
upon any sidewalk, street or other public place within
the city. It is unlawful for any person to hand out or
distribute or sell any commercial handbill in any
public place; provided, however, that it is not unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute without
charge to the receiver thereof any non-commercial
handbill to any person willing to accept it.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.080 PLACING COMMERCIAL AND

NON-COMMERCIAL HANDBILLS ON
VEHICLES.

It is unlawful for any person to throw or deposit
any commercial or non-commercial handbill in or
upon any vehicle; provided, however, that it is lawful
in any public place for a person to hand out or
distribute without charge to the receiver thereof a
non-commercial handbill to any occupant of a vehicle
who is willing to accept it.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.090 DEPOSITING COMMERCIAL AND

NON-COMMERCIAL HANDBILLS ON
UNINHABITED OR VACANT PREMISES.

It is unlawful for any person to throw or deposit
any commercial or non-commercial handbill in or
upon any private premises which are temporarily or
San Bernardino - Health and Safety32
continuously uninhabited or vacant.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.100 PROHIBITING DISTRIBUTION OF
HANDBILLS WHERE PROPERLY POSTED.

It is unlawful for any person to throw, deposit or
distribute any commercial or non-commercial handbill
upon any private premises, if required by anyone
thereon not to do so, or if there is placed on the
premises in a conspicuous position near the entrance
thereof, a sign bearing the words “no trespassing,”
“no peddlers or agents,” “no advertisement” or any
similar notice, indicating in any manner that the
occupants of the premises do not desire to be molested
or have their right of privacy disturbed, or to have any such handbills left upon such premises.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.110 DISTRIBUTING COMMERCIAL

AND NON-COMMERCIAL HANDBILLS AT
INHABITED PRIVATE PREMISES.

It is unlawful for any person to throw, deposit or
distribute any commercial or non-commercial handbill
in or upon private premises which are inhabited,
except by handing or transmitting any such handbill
directly to the owner, occupant or other person then
present in or upon such private premises; provided,
however, that in case of inhabited private premises
which are not posted, as provided in this chapter, such person, unless requested by anyone upon such
premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited
private premises, if such handbill is so placed or
deposited as to secure or prevent such handbill from
being blown or drifted about such premises or
sidewalks, streets or other public places, and except
that mailboxes may not be so used when so prohibited
by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.120 DROPPING LITTER FROM
AIRCRAFT.

It is unlawful for any person in an aircraft to
throw out, drop or deposit any object within the city.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.130 POSTING NOTICES PROHIBITED.
[Reserved]
(Repealed by Ord. MC-1343, passed 12-20-2010)
§ 8.15.140 LITTER ON OCCUPIED PRIVATE
PROPERTY.

It is unlawful for any person to throw or deposit
litter on any occupied private property within the city, whether owned by such person or not, except that the
owner or person in control of private property may
maintain authorized private receptacles for collection
in such a manner that litter will be prevented from
being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private
property.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
§ 8.15.150 OWNER TO MAINTAIN PREMISES
FREE OF LITTER.

The owner or person in control of any private
property shall, at all times, maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized receptacles for collection.
(Ord. 2732, passed 4-5-1966)
§ 8.15.160 LITTER ON VACANT LOTS.

It is unlawful for any person to throw or deposit
litter on any open or vacant private property within the city whether owned by such person or not.
(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed
5-15-1985)
Litter 33
§ 8.15.170 VIOLATION - PENALTY.
(A) Any person, firm or corporation violating or
causing or permitting the violation of any provision of this chapter is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) Any officer authorized by law to enforce the
municipal code and any person authorized by Chapter

9.90 may enforce this chapter.
(Ord. 2732, passed 4-5-1966; Ord. 3703, passed
2-9-1978; Ord. MC-254, passed 3-9-1983; Ord.

MC-460, passed 5-15-1985; Ord. MC-1194, passed
5-3-2005)
San Bernardino - Health and Safety34
CHAPTER 8.18: ACCUMULATION OF COMBUSTIBLE AND

NON-COMBUSTIBLE MATERIALS
Section

8.18.010 Nuisance determined - right of
entry

8.18.020 Definitions

8.18.030 Notice to property owner -
refusal of owner to comply -
violation a misdemeanor or an
infraction

8.18.040 Contents of notice - appeal

8.18.050 Abatement of nuisance

8.18.060 Report of abatement costs

8.18.061 Recovery of attorneys’ fees and
report of attorneys’ fees

8.18.062 Treble damages

8.18.063 Protest of abatement costs

8.18.065 Council action

8.18.066 Imposition of special assessment
lien and notice

8.18.067 Record of nuisance abatement
lien

8.18.068 Collection of costs and attorneys’
fees prior to hearing

8.18.070 Inventory of salvageable matter

8.18.080 Urgent public nuisance - notice to
property owner

8.18.082 Summary abatement of nuisance
per se without notice

8.18.090 Penalty for violation
Editor’s note:

This chapter is amended by Ord. MC-1449,
passed 11-1-2017.

Statutory reference:

For provisions authorizing cities to compel
property owners or occupants to remove weeds
and rubbish, see Cal. Gov’t Code, §§ 39501
et seq.
§ 8.18.010 NUISANCE DETERMINED - RIGHT
OF ENTRY.
(A) The accumulation of any of the following in
any yard, lot or upon any premises within the city
except within buildings or in containers or receptacles designed for such storage and accumulation is
unlawful and a public nuisance and dangerous to
public health and safety of the inhabitants of the city:
rubbish, refuse, debris, waste material and other
matter, including, but not limited to, rocks; bricks;
scrap metal and other pieces of metal, ferrous and
nonferrous; furniture or parts thereof; vegetation;
cans; boxes; barrels; bottles; stores of commercial
supplies, and other matter whether usable or not;
straw; shavings; sacks; bags; litter; weeds; dry grass, dead trees or shrubs or branches thereof; used lumber
or wood; combustible waste; fragments of any nature
or kind; sawdust; excelsior; printed matter; paper;
pasteboard; cardboard; cardboard boxes; or crockery.

No person, firm or corporation shall allow or permit
the aforesaid matter to accumulate or be upon his, her
or its premises or upon premises controlled by him,
her or it except within bu ildings or in appropriate
containers or receptacles.
(B) The Fire Chief, or his or her authorized
representative, hereinafter called “Fire Chief,” or the Director of Community Development and Housing,
and his or her authorized representative, hereinafter
called “Director,” shall have the right to enter upon
private property to determine whether such a public
nuisance exists.
(Ord. 3367, passed 8-22-1973; Ord. 3701, passed
1-24-1978; Ord. MC-241, passed 12-21-1982; Ord.

MC-1449, passed 11-1-2017; Ord. MC-1625, passed
2-21-2024)
35 San Bernardino - Health and Safety36
§ 8.18.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

DIRECTOR. The Director of Community
Development and Housing, and his or her designated
representatives.

FIRE CHIEF. The Fire Chief of the San
Bernardino County Fire Protection District, and his or
her designated representatives, within the San
Bernardino County Fire Protection District.

NEGLECTED OR ABANDONED ORCHARD.

An orchard, or part thereof, where trees, or a
substantial portion thereof, are in such a condition that the limbs are moribund, with the leaves or branches of
the limbs being dead and where the individual in
charge of the orchard is not taking such ordinary care
of the orchard as is required for a harvested orchard
and is not or has not been watering, discing or
spraying such trees for a period of at least six months.

The six-month period of time need not be continuous.

NEGLECTED OR ABANDONED ORCHARDS in
the city are places where the trees constitute a fire
hazard, or where vagrants or dissolute persons can
dwell, and which constitute ugly and unsightly
conditions which adversely affect the neighboring
properties, and are places from which agricultural
pests develop and spread. Such orchards are public
nuisances and dangerous to public health and safety,
and shall be abated as a public nuisance utilizing the
methods and procedures hereinafter set forth in this
chapter.

ORCHARD. Any ten or more trees that are of the
type that bear stone fruits, citrus fruits or pome fruits, situated together in a grove.
(Ord. 3367, passed 8-22-1973; Ord. 3518, passed
8-19-1975; Ord. MC-1449, passed 11-1-2017; Ord.

MC-1625, passed 2-21-2024)
§ 8.18.030 NOTICE TO PROPERTY OWNER -

REFUSAL OF OWNER TO COMPLY -

VIOLATION A MISDEMEANOR OR AN
INFRACTION.
(A) The Fire Chief or Director shall notify the
owner, occupant or agent thereof, or person in charge
or control of the property, each hereinafter referred to as “owner,” personally or by certified mail, of such
accumulation and shall conspicuously post such notice
in writing on any lot or premises upon which the Fire
Chief or Director determines after investigation that
such public nuisance exists. Such notice shall bear a
title with the words “notice to clean premises” in
letters not less than one inch in height, and it shall
direct the abatement of the nuisance and refer to this
chapter for particulars. Such notice shall require the
owner to commence the abatement within five days
and to complete such abatement within ten days from
the date of the notice. Notices which are served by
certified mail shall be addressed to the owner of the
property at the address ascertained from title company
records or as otherwise known. Service by certified
mail shall be deemed complete upon deposit in a
public receptacle for United States mail. The notices
shall specify that a failure to comply with the notice is a misdemeanor or an infraction.
(B) Any firm, corporation, owner, agent,
occupant or person in charge or control of real
property who refuses or neglects to remove and abate
any accumulation of matter described in § 8.18.010
within the ten-day period set forth in any “notice to
clean premises” served upon them shall be guilty of a
misdemeanor or an infraction. Each succeeding day
that a person, firm or corporation refuses or neglects
to remove and abate the matters determined to be a
nuisance shall constitute a separate misdemeanor or
infraction under this section. In the case of an appeal filed pursuant to § 8.18.040, the time period for
required removal and abatement shall be extended as
set forth in § 8.18.040.

Accumulation of Combustible and Non-Combustible Materials 37 (C) The Fire Chief or Director shall enforce the
provisions of this chapter and are authorized to make
arrests and issue notices pursuant to the Cal. Penal
Code, Title 3,
Part 2, Title 3, Chapter 5C.
(D) Any person, firm or corporation violating
any provision of this chapter is guilty of a
misdemeanor or an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(E) The conviction of a misdemeanor or an
infraction under this chapter shall have no effect on
any abatement process or procedure followed by the
city.
(Ord. 3367, passed 8-22-1973; Ord. 3701, passed
1-24-1978; Ord. MC-241, passed 12-21-1982; Ord.

MC-460, passed 5-15-1985; Ord. MC-1449, passed
11-1-2017)
§ 8.18.040 CONTENTS OF NOTICE - APPEAL.
(A) Any notice issued by the Director (i.e., city)
shall state that, any time within ten days from the date of posting and service of such notice, any person may
appeal the decision of the Director by filing written
objections thereto with the City Clerk. The Director
shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such
matters.
(B) Notice of the date of hearing shall be given
in writing. The date of the hearing shall be no sooner
than 15 days from the date when notice of the hearing
is given to the appellant and to the Director.
(C) At the time fixed in the notice, the
administrative hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance.
(D) At the conclusion of the hearing, the hearing
officer shall determine whether or not a nuisance
exists, and if the hearing officer so concludes, he or
she may declare the conditions existing to be a
nuisance and direct the person owning the property
upon which the nuisance exists to abate it within ten
days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may amend time to abate the nuisance, if, in his or her
opinion, there exists good cause for the amendment of
time to abate.
(E) The decision of the hearing officer on the
determination of nuisance is final. Any appeal of the
hearing officer’s decision shall be governed by Cal.

Code of Civil Procedure, § 1094.6 or such section as
may be amended from time to time.
(F) Any notice issued by the Fire Chief (i.e.,
county) shall be appealable pursuant to the appeal
procedure set forth under Chapter 23.310.
(Ord. 3367, passed 8-22-1973; Ord. 3701, passed
1-24-1978; Ord. 3838, passed 6-19-1979; Ord.

MC-344, passed 2-22-1984; Ord. MC-1449, passed
11-1-2017)
§ 8.18.050 ABATEMENT OF NUISANCE.

In the event the nuisance is not abated by the
owner, the Fire Chief or Director is authorized to
cause such nuisance to be abated by removing the
rubbish, refuse, debris, waste material and other
matter, including, but not limited to, rocks; bricks;
scrap metal and other pieces of metal, both ferrous and non-ferrous; furniture or parts thereof; vegetation;
cans; boxes; barrels; bottles; stores of commercial
supplies and other matter, whether usable or not;
straw; shavings; sacks; bags; litter; weeds; dry grass; dead trees or shrubs or branches thereof; used lumber
or wood; combustible waste; fragments of any nature
or kind; sawdust; excelsior; printed matter; paper;
pasteboard; cardboard; cardboard boxes; or crockery.

The Fire Chief or Director and any contractor hired by
the city for such purpose shall have the right to enter San Bernardino - Health and Safety38
upon private property to abate the public nuisance.
(Ord. 3367, passed 8-22-1973; Ord. 3701, passed
1-24-1978; Ord. 3838, passed 6-19-1979; Ord.

MC-344, passed 2-22-1984; Ord. MC-1449, passed
11-1-2017)
§ 8.18.060 REPORT OF ABATEMENT COSTS.
(A) The Fire Chief or Director shall thereafter
cause a report of the action and an accurate account of the costs to be filed with the City Clerk.
(B) The statement shall be accompanied by a
notice to the owner that the cost of abatement may be
protested as set forth in § 8.18.063.
(Ord. 3367, passed 8-22-1973; Ord. MC-178, passed
7-7-1982; Ord. MC-344, passed 2-22-1984; Ord.

MC-1418, passed 10-5-2015; Ord. MC-1449, passed
11-1-2017)
§ 8.18.061 RECOVERY OF ATTORNEYS’
FEES AND REPORT OF ATTORNEYS’ FEES.
(A) In any action, administrative proceeding or
special proceeding to abate a nuisance, the prevailing
party shall be entitled to recovery of attorneys’ fees.

The recovery of attorneys’ fees by the prevailing party shall be limited to those individual actions or
proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery
of its own attorneys’ fees.
(B) In no action, administrative proceeding or
special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable
attorneys’ fees incurred by the city in the action or
proceeding. The City Attorney’s office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.062 TREBLE DAMAGES.

Upon entry of a second or subsequent civil or
criminal judgment within a two-year period finding
that an owner of property is responsible for a condition that may be abated in accordance with this ordinance,
except for conditions abated pursuant to the Cal.

Health and Safety Code, § 17980, related to
substandard buildings, the court may order the owner
to pay treble the costs of the abatement.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.063 PROTEST OF ABATEMENT COSTS.
(A) The property owner may protest the cost of
abatement by filing a written request for a hearing on
the abatement costs with the Fire Chief or Director,
whoever caused the nuisance to be abated, and the Fire
Chief or Director shall cause a hearing to be set before the administrative hearing officer. At the time fixed
for the hearing on the statement of abatement costs,
the administrative hearing officer shall consider the
statement and protests or objections raised by the
person liable to be assessed for the cost of the
abatement.
(B) The hearing officer may revise, correct or
modify the statement as the hearing officer considers
just and thereafter shall confirm the cost.
(C) The decision of the hearing officer shall be
in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be
final.
(D) Any appeal of the hearing officer’s decision
shall be governed by Cal. Code of Civil Procedure,
§ 1094.6 or such section as may be amended from
time to time.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.065 COUNCIL ACTION.
(A) If the property owner does not pay the cost
of abating the nuisance within 30 calendar days after
the cost becomes final or the hearing officer confirms
the costs of abatement, the cost shall become a special assessment against the real property upon which the
nuisance was abated. The assessment shall continue
until it is paid, together with interest at the legal
maximum rate computed from the date of confirmation
of the statement until payment. The assessment may be
Accumulation of Combustible and Non-Combustible Materials 39 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
and sale in case of delinquency as provided for
ordinary municipal taxes.
(B) The Director shall notify the property owner
in writing of the property owner’s right to be publicly heard by City Council prior to City Council adopting
a resolution assessing such unpaid costs of abatement
as liens upon the respective parcels of land. The notice shall include the date, time and location of the public hearing.
(C) The City Council shall adopt a resolution at
a public hearing assessing such unpaid costs of
abatement as liens upon the respective parcels of land
as they are shown upon the last available assessment
roll.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.066 IMPOSITION OF SPECIAL
ASSESSMENT LIEN AND NOTICE.
(A) The City Clerk shall prepare and file with
the County Auditor a certified copy of the resolution
of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to § 8.18.065.
(B) Notice of lien shall be mailed by certified
mail to the property owner, if the property owner’s
identity can be determined from the County Assessor’s
or County Recorder’s records. The notice shall be
given at the time of imposing the assessment and shall
specify that the property may be sold after three years by the Tax Collector for unpaid delinquent
assessments. The Tax Collector’s power of sale shall
not be affected by the failure of the property owner to receive notice.
(C) The County Auditor shall enter each
assessment on the county tax roll upon the parcel of
land. The assessment 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 procedure and sale in case of
delinquency as is provided for ordinary municipal
taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to
the special assessment. However, if any real property
to which the cost of abatement relates has been
transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for
value has been created and attaches thereon, prior to
the date on which the first installment of the taxes
would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for
collection. The tax collector’s power of sale shall not be affected by the failure of the property owner to
receive notice.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.067 RECORD OF NUISANCE
ABATEMENT LIEN.

As an additional remedy, the Director may cause
a nuisance abatement lien for costs related to
abatements, other than dangerous building abatements,
to be recorded with the County Recorder’s
officerAssessor-Recorder-County Clerk, pursuant to
the provisions of Cal. Gov’t Code, § 38773.1.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.068 COLLECTION OF COSTS AND
ATTORNEYS’ FEES PRIOR TO HEARING.

The city may accept payment of any amount due
at any time prior to the filing of a certified copy of the City Council resolution assessing the abatement costs
with the County Auditor.
(Ord. MC-1449, passed 11-1-2017)
§ 8.18.070 INVENTORY OF SALVAGEABLE
MATTER.
(A) When any of the matter referred to in
§ 8.18.010 or other materials have been removed from
the yard, lot or premises pursuant to the abatement
procedures set forth in §§ 8.18.050 and 8.18.060 and
have been determined by the Director to be
salvageable, the matter and materials shall be
inventoried and held and retained by the Director for
a period of at least 30 days after written notice that the San Bernardino - Health and Safety40
matter and materials are being held at a specified place for delivery to the owner thereof and a copy of the
inventory has been served, by certified mail, to the last address of record, postage prepaid, or by personal
delivery, upon the owner.
(B) In the event the owner does not take
possession of and remove at his or her own expense
the matter and materials from the place where stored
by the Director within 30 days after the service upon
him or her, the city shall have a lien against the matter and materials for storage charges for the 30-day
period, and the matter and materials shall thereafter be appropriated for the use of the city or disposed of or
sold at public auction as follows.
(1) Notice of such sale describing the matter
and material in sufficient detail for its identification shall be published once by the Director at least five
days before the time fixed for the sale in a regularly
published newspaper of general circulation in the city. (2) The matter and materials offered for
sale shall be sold to the highest bidder for cash;
provided that the Director may, at his or her
discretion, fix a minimum sale price and may refuse to
sell unless the minimum price is offered.
(3) Proceeds of the auction sale or sales
shall be applied towards the cost of abatement of the
nuisance and the remainder, if any, shall be deposited
with the Department of Finance and Management
Services, to be placed in the General Fund thereof;
provided that in the event the costs of conducting the
auction sale or sales and the storage charges,
combined with the costs of abatement, are less than the proceeds, then the balance or difference between the
costs and the total proceeds shall be refunded to the
owner.
(Ord. 3367, passed 8-22-1973; Ord. MC-344, passed
2-22-1984; Ord. MC-1449, passed 11-1-2017; Ord.

MC-1625, passed 2-21-2024)
§ 8.18.080 URGENT PUBLIC NUISANCE -
NOTICE TO PROPERTY OWNER.
(A) If the Fire Chief or Director determines that
a nuisance consisting of any or all matter referred to in § 8.18.010 constitutes an urgent public nuisance, he or she shall notify the owner or occupant of the lot or
premises to abate the same, and if the nuisance is not
abated within 48 hours after service or posting of
notice and no appeal to the Fire Chief or Director is
pending, then the Fire Chief or Director shall cause
the lot or premises to be cleared of all such matter and the nuisance to be abated, and the expense of such
clearing shall be a lien on the lot.
(B) The notice given shall state that the finding
of an urgent nuisance may be appealed to the City
Clerk within 48 hours of receipt. If abatement is
ordered upon appeal to the Fire Chief or Director, the
abatement shall be completed within 48 hours of the
decision.
(C) In any case, the Fire Chief or Director may
extend the time within which the nuisance is to be
abated if abatement cannot be completed within 48
hours. The notice required under this section shall be
in writing and shall be deliv ered to the owner at the
address appearing in records of a title company or as
may be known, except if the owner cannot be located
after a reasonable, good faith effort, then notice may
be delivered to the occupant of the premises or
conspicuously posted on such lot or premises. If the
owner does not reside within the city, the notice of
nuisance may be sent by special delivery mail, and
shall be effective 24 hours after mailing. Actual notice by telephone, supplemented by mailing, shall be
effective as of the time of the telephoned notice.
(D) The procedures to be followed with respect
to the assessment of the expenses of abatement shall be the same as those set forth in § 8.18.060 and Chapter

8.30. (E) URGENT PUBLIC NUISANCE , as
employed in this section, means a condition of
property which is a menace to public health or safety
or constitutes a fire hazard under conditions which
would be judicially determined to be a nuisance per se
or a nuisance in fact, or where the destruction or
removal of the objectionable items is reasonably
necessary under the circumstances to prevent
immediate harm to the public.
(Ord. 3367, passed 8-22-1973; Ord. MC-178, passed
7-7-1982; Ord. MC-241, passed 12-21-1982; Ord.

Accumulation of Combustible and Non-Combustible Materials 41 MC-279, passed 6-21-1983; Ord. MC-1418, passed
10-5-2015; Ord. MC-1449, passed 11-1-2017)
§ 8.18.082 SUMMARY ABATEMENT OF
NUISANCE PER SE WITHOUT NOTICE.
(A) In cases where the Fire Chief of the Director
finds the existence of a public emergency or
threatening public calamity or where immediate action
is essential, he or she may order the abatement of any
or all matter referred to in § 8.18.010 without notice
or hearing, and the expense of such abatement shall be
a lien on the lot.
(B) The matter referred to in § 8.18.010 which
may be abated pursuant to this section shall be those
things which are by the common or statute law
declared to be nuisances per se, or which are in their
very nature palpably and indisputably such.
(C) The procedures to be followed with respect
to the assessment of the expense of abatement shall be
the same as those set forth in § 8.18.060 and Chapter

8.30. (Ord. MC-280, passed 6-21-1983; Ord. MC-1418,
passed 10-5-2015; Ord. MC-1449, passed 11-1-2017)
§ 8.18.090 PENALTY FOR VIOLATION.

Any person, partnership, firm or corporation,
whether as principal, agent, employee or otherwise,
interfering, obstructing or preventing or causing the
interference, obstruction or prevention of or with the
enforcement or performance of any of the provisions
of this chapter by the Fire Chief, Director or other
authorized person is guilty of a misdemeanor or an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 3367, passed 8-22-1973; Ord. MC-460, passed
5-15-1985; Ord. MC-1449, passed 11-1-2017)
San Bernardino - Health and Safety42
CHAPTER 8.19: ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Section

8.19.010 Adoption by reference

8.19.020 Interpretation of County Weed
Abatement Code as applied to
city

8.19.030 Amendments, additions and
deletions to County Weed
Abatement Code

8.19.040 Remedies and penalties
Editor’s note:

This chapter is added by Ord. MC-1445, passed
5-15-2017.
§ 8.19.010 ADOPTION BY REFERENCE.

Chapter 3 of Division 3 of Title 2 of the San
Bernardino County Code, entitled “Abatement of Fire
Hazards and Hazardous Trees” (§§ 23.0301 through

23.0319) (“County Weed Abatement Code”), is
adopted by reference under the authority of Cal. Gov’t
Code, §§ 50020 to 50022.9.
(Ord. MC-1445, passed 5-15-2017)
§ 8.19.020 INTERPRETATION OF COUNTY

WEED ABATEMENT CODE AS APPLIED TO
CITY.

Whenever “county,” “County of San Bernardino”
or “unincorporated area of the County of San
Bernardino” is used, it shall mean the City of San
Bernardino unless a different geographical area is
clearly indicated by the context.
(Ord. MC-1445, passed 5-15-2017)
§ 8.19.030 AMENDMENTS, ADDITIONS AND

DELETIONS TO COUNTY WEED ABATEMENT
CODE.

The County Weed Abatement Code, as adopted
by § 8.19.010, is effective with the changes, additions and deletions as set forth in this section: § 23.0307 is amended to read as follows:

For the purpose of enforcing this Chapter,
the County Fire Chief/Fire Warden may
designate any person as his or her deputy in
the performance of the duties enjoined upon
him or her by this Chapter. In addition, each
of the following officers is hereby designated
to perform the same duties within the City of
San Bernardino. Whenever the term County
Fire Chief/Fire Warden is used in this
Chapter, the following officers are included
in the meaning of such phrase, except that
the County Fire Chief/Fire Warden shall
coordinate all such officers in the
performance of these duties:
(a) The City of San Bernardino Code
Enforcement Division Manager and
their designees.
(b) Other officers hereafter designated by
the Mayor and City Council or the
County Fire Chief/Fire Warden.
(Ord. MC-1445, passed 5-15-2017)
§ 8.19.040 REMEDIES AND PENALTIES.
(A) All remedies and penalties provided for in
this chapter shall be cumulative and discretionary, and not exclusive, in accordance with this section and in
the same manner as provided by § 11.0202 of the San
43 San Bernardino - Health and Safety44
Bernardino County Code.
(B) All persons authorized to enforce the
provisions of this chapter are authorized to conduct
investigations and inspections in accordance with this
section and in the same manner as provided by
§ 11.0203 of the San Bernardino County Code.
(C) Each and every day, and any portion of
which, any violation of this chapter is committed,
continued or permitted shall be deemed a new and
separate offense and shall be punishable or actionable
as set forth in this section.
(D) Whenever in this chapter any act or omission
is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.
(E) (1) It is unlawful for any person, firm,
partnership, corporation or other entity (hereafter
“person”) to violate any provision of this chapter
constituting a public offense. Any person violating any such provision, unless as otherwise specified for
certain sections, shall be deemed guilty of an
infraction or misdemeanor as hereinafter specified.
(2) To any person so convicted, the
following shall apply.
(a) A first offense shall constitute an
infraction offense and punished by a base fine not
exceeding $100 and not less than $50.
(b) A second offense within one year
shall constitute an infraction offense and punished by
a base fine not exceeding $200 and not less than $100.
(c) The third and any additional
offense within one year shall constitute either an
infraction or a misdemeanor offense, and if it is an
infraction offense, shall be punishable by a base fine
not exceeding $500, or if a misdemeanor offense,
punishable by up to six months in jail, and/or base fine not exceeding $1,000.
(d) Any court costs that the court may
otherwise be required to impose pursuant to applicable
state law or local ordinance shall be imposed in
addition to the base fine (Cal. Gov’t Code, § 25132).
(e) Notwithstanding the above, a first or
second offense may be charged and prosecuted as a
misdemeanor, punishable by up to six months in jail,
and/or base fine not exceeding $1,000.
(f) Payment of any fine or service of a jail
sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of
correcting the condition resulting from the violation.
(F) Criminal citations shall be issued in the same
manner and under the same authority as provided by
§ 11.0206(b) of the San Bernardino County Code.
(G) All violations of this chapter may be subject
to enforcement through the initiation of a civil action in accordance with this section and in the same manner
and under the same authority as provided at § 11.0207
of the San Bernardino County Code.
(H) As an alternative to the criminal or civil
enforcement of this chapter, all violations of this
chapter may be subject to enforcement through the use
of administrative citations in accordance with Cal.

Gov’t Code, § 53069.4 and this section, and in the
same manner and under the same authority as provided
at § 11.0208 of the San Bernardino County Code.
(Ord. MC-1445, passed 5-15-2017)
Abatement of Fire Hazards and Hazardous Trees 45
San Bernardino - Health and Safety46
CHAPTER 8.21: RESERVED
(Repealed by Ord. MC-1232, passed 10-3-2006)
47 San Bernardino - Health and Safety48
CHAPTER 8.24: SOLID WASTE COLLECTION, REMOVAL, DISPOSAL,

PROCESSING AND RECYCLING
Section

8.24.010 Definitions

8.24.020 Authority of City Manager to
make rules and regulations

8.24.030 Applicability

8.24.040 General provisions

8.24.050 Failure to pay

8.24.060 Storage and ownership

8.24.070 Nuisance

8.24.080 Scrap tires

8.24.090 Mandatory residential,
commercial and multi-family
recycling and organic recycling

8.24.095 Mandatory commercial edible
food recovery

8.24.100 Construction and demolition
debris recycling program

8.24.110 Containers

8.24.120 Illegal dumping

8.24.130 Enforcement

8.24.140 Forms, regulations and guidelines
§ 8.24.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

ADC or ALTERNATIVE DAILY COVER. Cover
material used to cover compacted solid waste in a
disposal site, other than at least six inches of earthen material, placed on the surface of the active face of the solid waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter and
scavenging, as defined in § 20164 of Title 27 of the
California Code of Regulations, as may be amended
from time to time.

APPLICANT. Any individual, firm, limited
liability company, association partnership, political
subdivision, government agency, municipality,
industry, public or private corporation or any other
entity whatsoever who applies, or is required to apply, to the city for permit(s) to undertake a construction,
demolition or renovation project within the city.

BIN or BINS. Those two, three, four and six
cubic yard containers provided by franchised hauler
for the collection of solid waste.

BULKY WASTE. Large and small household
appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, automobile tires and oversized
yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items, or any other solid waste item
requiring special handling, discarded by residential
customers. BULKY WASTE is a form of solid waste
when discarded by the generator into the waste stream.

The term BULKY WASTE does not include consumer
electronics, such as televisions, radios, computers,
monitors and the like, which are regarded as universal
waste electronic devices, the disposal of which is
governed by regulation of the Department of Toxic
Substances Control.

BYPRODUCTS.
(1) All materials produced, developed or
generated incidental to the operation of any business,
which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery or sale;
(2) All material which, due to its nature,
can be sold by the producer thereof, at the point of
49 San Bernardino - Health and Safety50
production, for valuable consideration; and
(3) All such material as the City Manager
designates as byproducts.

CITY. The City of San Bernardino.

CITY MANAGER. The City Manager of the City
of San Bernardino, or his or her designee, including
city employees or entities hired by the city to
implement the requirements of this chapter.

CITY PROJECT CONSTRUCTION AND
DEMOLITION (C&D) WASTE POLICY. The city’s
standards for recycling C&D waste from landfills for
city contracted projects, set forth in a resolution of the Mayor and Common
City Council.

COMMERCIAL. Premises in the city, other than
residential and city prem ises, where solid waste is
generated or accumulated. The term COMMERCIAL
includes, but is not limited to, stores; offices;
restaurants; rooming houses; hotels; motels; industrial and manufacturing processing or assembly shops or
plants; hospitals, clinics, convalescent centers and
nursing homes (non-medical waste).

COMMERCIAL FACILITY. All retail,
professional, office, wholesale and industrial facilities and other commercial enterprises offering goods or
services and multi-family dwelling units located within the boundaries of the city.

COMMERCIAL GENERATOR. A commercial
facility or business which generates garbage, organic
waste or recyclable materials as a result of its
business, commercial facility or property activity.

COMMERCIAL GENERATOR also means any
multi-family residential property of four or more units and multi-family residential properties under four units that share solid waste collection services.

COMMERCIAL GENERATOR may also include
tenants, property managers for facilities with leased
space, employees and contractors of commercial
generator. COMMERCIAL GENERATOR also
includes the city, its facilities and its non-residential properties.

CONSTRUCTION. The act of assembly,
erection, demolition, addition, alteration or remodel
and similar and related activities, of any facility,
structure, improvement or any portion thereof or
appurtenance thereto.

CONSTRUCTION AND DEMOLITION
DEBRIS or C&D WASTE or C&D. Commonly used
or discarded materials removed from construction,
remodeling, repair, demolition or renovation
operations on any pavement, house, commercial
building or other structure, or from landscaping. Such
materials include, but are not limited to, byproducts,
dirt, sand, rock, gravel, bricks, plaster, gypsum
wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks,
concrete, copper, electrical wire, fiberglass, formica, granite, iron, lead, linoleum, marble, plaster, plant
debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new
materials, including paper, plastic, carpet scraps,
wood scraps, scrap metal, building materials,
packaging and rubble resulting from construction,
remodeling, renovation, repair and demolition
operations on pavement, houses, commercial buildings
and other structures. CONSTRUCTION AND
DEMOLITION DEBRIS does not include exempt
waste.

CONSTRUCTION AND DEMOLITION (C&D)
DIVERSION REQUIREMENT. The minimum
percentage of C&D for each project to be diverted
from landfills, as set forth in a resolution of the Mayor and Common
City Council.

CONSTRUCTION AND DEMOLITION (C&D)

WASTE RECYCLING AND DISPOSAL REPORT
SUMMARY. A form submitted by the applicant or any
covered project after completion of a project. The
documentation shall include actual data of tonnage of
materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling
companies, contractors and/or landfill and disposal
companies.

CONSTRUCTION CONTRACTOR. Any state
licensed construction contractor performing
construction at a job site. CONSTRUCTION
CONTRACTOR includes the general contractor and
Solid Waste Collection, Removal, Disposal, Processing and Recycling 51 any subcontractors at the site. A person or company
employed, whether for a fee or otherwise, to haul
recyclable materials and C&D waste generated by a
CONSTRUCTION CONTRACTOR is not a
CONSTRUCTION CONTRACTOR for purposes of
this chapter.

COUNTY HEALTH OFFICER. The San
Bernardino County Health Department’s designee who
serves to advise and lead a team of professionals on
matters of public health importance.

COVERED PROJECT. Any project that meets or
exceeds the COVERED PROJECT threshold set forth
by resolution of the Mayor and Common
City Council.

CONTAINER. Any heavy plastic or galvanized
metal box, can, cart, barrel, bin, hopper, roll off,
compactor or similar type container used for the
accumulation of garbage, recyclable materials, organic
waste or C&D.

CUSTOMER. The owner and/or occupant of any
property within the city that is required to participate in the city’s solid waste collection programs.

DEMOLITION. The decimating, razing, ruining,
tearing down or wrecking of any facility, structure,
pavement or building, whether in whole or in part,
whether interior or exterior.

DIVERT or DIVERSION. A reduction of the
amount of waste being disposed in landfills by any of
the following methods:
(1) On-site re-use of the materials/waste;
(2) Delivery of the waste from the site to a
recycling facility; or
(3) Other methods as approved by the City
Manager.

DUMP. To throw or deposit litter and other solid
waste items in or upon any street, sidewalk or other
place within the city, except the placement of litter and other solid waste items in proper containers for
collection.

E-WASTE. Any electronic product nearing the
end of its useful life and includes, but is not limited to, computers and their components, televisions, VCRs,
stereos, copiers and fax machines.

ENFORCEMENT OFFICER. Any individual
appointed by City Manager of the City of San
Bernardino, or his or her designee, who has authority
to issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93.

EXEMPT WASTE. Hazardous waste, sludge,
automobiles, automobile parts, boats, boat parts, boat
trailers, internal combustion engines and those wastes
under the control of the Nuclear Regulatory
Commission.

FOOD WASTE. Food scraps and trimmings from
food preparation, including, but not limited to: meat,
fish and dairy waste; fruit and vegetable waste; grain
waste; incidental food packaging; and incidental food
soiled paper products.

FRANCHISED HAULER. A hauler holding a
franchise, contract, license or permit issued by the city which authorizes the exclusive or non-exclusive right
to provide solid waste handling services within all or
part of the jurisdictional boundaries of the city.

GARBAGE. All solid waste that is not otherwise
recyclable material or organic waste and to normal
activities of a solid waste generator. GARBAGE must
be generated by and at the premises wherein the
GARBAGE is collected. GARBAGE does not include
recyclable materials, organic waste, construction and
demolition debris, bulky waste, E-waste, universal
waste, hazardous waste, household hazardous waste or
exempt waste.

GENERATOR. Any commercial generator or
residential generator of solid waste.

HAZARDOUS WASTE. Any material which is
defined as a hazardous waste under California or
United States law or any regulations promulgated
pursuant to such law, as such as local, state or federal law or regulations may be amended from time to time.

HEARING OFFICER. Any individual appointed
San Bernardino - Health and Safety52
by the City Manager of the City of San Bernardino, or
his or her designee, to hear the appeal on a
determination of a nuisance.

HOUSEHOLD HAZARDOUS WASTE. Dry cell
household batteries, cell phones and PDAs; used
motor oil; used oil filters when contained in a sealed
plastic bag; cooking oil; compact fluorescent light
bulbs contained in a sealed plastic bag; E-waste;
cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strips and adhesives; auto batteries; and universal waste.

JOB SITE. A location at which solid waste and
C&D waste are generated by a construction contractor.

OCCUPANT. Every owner of, and every tenant
or person who is in possession of, is the inhabitant of or has care and control of a residence or commercial
building. For the purpose of this definition, a
residence or commercial building shall be presumed to
be inhabited if gas, electric, telephone and water utility service is being furnished thereto.

OCCUPIED PREMISES are occupied when a
person or persons take or hold possession of the
premises for permanent or temporary use. For the
purposes of determining whether a premises is
occupied during periods when solid waste collection
service is made available to such premises, occupancy
shall be presumed unless evidence is presented that
electric services were not being provided to the
premises during such periods.

ORGANIC WASTE. Organic waste and food
waste. ORGANIC WASTE is a form of solid waste
when discarded into the waste stream. ORGANIC
WASTE includes, but is not limited to, the following:
(1) Plant material (branches, grass
clippings, natural Christmas trees, palm fronds,
leaves, shrubbery, tree trimmings, weeds);
(2) Wood (non-toxic wood products without
paint and foreign objects of appropriate size for the
container);
(3) Food waste (cooked and uncooked food
matter, incidental food packaging and incidental food
soiled paper products for commercial customers); and
(4) Byproducts.

PERSON. Any natural person, individual, firm,
limited liability company, partnership, public or
private corporation or association or any other entity
whatsoever.

PROJECT. Any activity that requires an
application for a building or demolition permit from
the city.

RECYCLABLE C&D. All C&D waste that is
used within any of the following categories:
(1) Masonry building materials, including,
but not limited to, asphalt, concrete, rock, stone and
brick;
(2) Wood materials, including any and all
dimensional lumber, fencing or construction wood that
is not chemically treated, creosoted, CCA pressure
treated, contaminated or painted;
(3) Vegetable materials, including trees,
tree parts, shrubs, stumps, logs, brush or any other
type of plants that are cleared from a site as part of the project;
(4) Metals, including all metal scrap, such
as, but not limited to, pipes, siding, window frames,
door frames and fences;
(5) Roofing materials, including wood
shingles as well as asphalt, stone and slate based
roofing material;
(6) Salvageable materials includes all
salvageable materials and structures, including, but not limited to, wallboard, doors, windows, fixtures,
toilets, sinks, bath tubs and appliances; and
(7) Any other C&D waste that is
non-hazardous and available for recycling or reuse.

RECYCLABLE MATERIALS. A part of the
waste stream that can be reused or processed into a
form suitable for reuse through reprocessing or
Solid Waste Collection, Removal, Disposal, Processing and Recycling 53 remanufacture, consistent with the requirements of AB
1989 Assembly Bill 939, being codified in part at Cal.

Public Resources Code, Division 30, commencing
with § 40000. RECYCLABLE MATERIALS includes,
but is not limited to, the following:
(1) Plastics (all numbered plastics);
(2) Metals (aluminum cans, aluminum foil,
empty aerosol cans, pie tins, tin cans);
(3) Fiber materials (cardboard, cereal
boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper,
newspaper, telephone books, white paper);
(4) Glass (all colors of glass jars and
bottles, except light bulbs, mirror and window glass);
and
(5) Byproducts.

RECYCLING. The process of collecting, sorting,
cleansing, treating and reconstituting divertible solid waste and returning them for use or reuse in the form
of raw materials for new, used or reconstituted
products which meet the quality standard necessary to
be used in the market place. RECYCLING does not
include transformation, as defined in Cal. Public
Resources Code, § 40201.

RECYCLING FACILITY. A recycling,
composting, materials recovery or reuse facility that
has obtained all applicable federal, state and local
licensing, certification and permitting and that is
operating in full compliance with all applicable
regulations. The City Manager shall maintain a list of
approved facilities for reference by the applicant. The applicant may use an unlisted facility of his or her
choice if the applicant, prior to beginning a project,
provides documentation demonstrating that the unlisted
facility qualifies as a RECYCLING FACILITY under
this definition.

RENOVATION. Any change, addition or
modification in an existing structure.

RESIDENCE or RESIDENTIAL. Any and all
dwelling units, as defined in the Land Use Zoning
Ordinance of the City of San Bernardino, and other
buildings used for residential or dwelling purposes.

RESIDENTIAL GENERATOR. An owner,
tenant or resident of any residential property which
generates garbage, organic waste or recyclable
materials as a result of occupancy or property activity, including all generators not otherwise meeting the
definition of commercial generator.

RESPONSIBLE PARTY. The individual or entity
responsible for the generator’s management of solid
waste at the generator’s commercial facility, business
or non-residential property.

ROLL-OFF. A metal container that is normally
loaded onto a motor vehicle and transported to an
appropriate facility.

SALVAGE. The controlled removal of C&D
waste from a project site for the purpose of recycling, reuse or storage for later recycling or reuse.

SECURITY DEPOSIT. The cash or cash
equivalent deposit required as security for all covered projects. The amount of the SECURITY DEPOSIT
shall be set forth in a resolution of the Mayor and
Common
City Council.

SELF-HAUL. When a responsible party collects
recyclable materials and/or organic waste materials at
their place of business for the purpose of hauling those materials in their own vehicles to a permitted recycling or organic waste processing facility in compliance with the requirements of this chapter.

SELLER. Any person, business, corporation,
partnership or any other business entity that engages in the sale and/or exchange of new and/or used tires as a
regular part of their business, including, but not
limited to, wholesale and retail tire dealers,
automotive service centers, automotive repair centers,
new and used automotive dealers, new and used
automotive parts vendors and automotive dismantlers.

SHARPS. Needles, scalpels, blades, broken
medical glass, broken capillary tubes and ends of
dental wires.

San Bernardino - Health and Safety54
SLUDGE. The accumulated solids, residues and
precipitates generated as a result of waste treatment or processing, including wastewater treatment, water
supply treatment or operation of an air pollution
control facility, and mixed liquids and solids pumped
from septic tanks, grease tr aps, privies or similar
disposal appurtenances or any other such waste having
similar characteristics or effects.

SPECIAL SERVICES. Any solid waste or solid
waste related services that are not provided in the
city’s normal course of solid waste related services,
including, but not limited to, pick-up service for bulky waste, container repair, container exchange and/or
replacement, roll-out service and additional
unscheduled collection.

SOLID WASTE. Any materials defined as
SOLID WASTE by Cal. Public Resources Code,
§ 40191, and specifically includes, without limitation, C&D waste, recyclable materials, organic waste,
bulky waste, byproducts and all other non-hazardous
materials, excluding universal waste, that are
discarded into the waste stream by the generator, or
collected in exchange for a fee or any other
consideration, regardless of form or amount.

SOLID WASTE COLLECTION SERVICES.

The collection, transportation, processing, recycling,
composting, conversion, retention and disposal of all
garbage, organic waste (including commercial organic
waste, food waste and organic waste), recyclable
materials, construction and demolition debris, bulky
waste, household hazardous waste and universal waste,
produced, generated and/or accumulated within the
city.

TENANT. Any person or persons, other than the
owner, occupying or in possession of a premises.

UNIVERSAL WASTE. Includes, but is not
limited to, “universal waste electronic devices” or
“UWEDs,” (i.e., electronic devices subject to the
regulation of the Department of Toxic Substances
Control, 23
22 CCR §§ 66273.1 et seq.), and other
universal wastes, including, but not limited to,
non-empty aerosol cans, fluorescent tubes, high
intensity discharge lamps, sodium vapor lamps and
any other lamp exhibiting a characteristic of a
hazardous waste, batteries (rechargeable
nickel-cadmium batteries, silver button batteries,
mercury batteries, small sealed lead acid batteries
(burglar alarm and emergency light batteries) alkaline
batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers and mercury containing
switches.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.020 AUTHORITY OF CITY MANAGER
TO MAKE RULES AND REGULATIONS.

The City Manager shall have the authority to
make reasonable rules and regulations concerning the
storage, collection, transportation and disposal of solid waste by persons as he or she shall find necessary and
to place additional limitations not specifically
addressed herein on types and quantities of waste
which may be placed in containers when the City
Manager determines that such rules and regulations are
necessary to protect the health and safety of the
general public or city employees, or to comply with
state or federal law or regulations.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.030 APPLICABILITY.

The chapter shall apply to all users of the city’s
solid waste services within the city and to users
outside the city who are, by permit, contract or
agreement with the city, users of the city’s solid waste collection services or are conducting business or
activities within the city which fall under the
provisions of this chapter.
(Ord. MC-1431, passed 11-10-2016)
Solid Waste Collection, Removal, Disposal, Processing and Recycling 55 § 8.24.040 GENERAL PROVISIONS.
(A) Provision of solid waste services.
(1) Solid waste related activities within the
city shall be performed under the direction of the City Manager, and for such purposes, the city may use city
personnel, enter into contract agreements with private
hauling firms or approve franchise agreements to
perform such activities. Solid waste enterprises
operating pursuant to such a contract or franchise
agreement shall meet the terms, rates, standards and
services specified in the contract or franchise
agreement. However, the City Manager may authorize
any person to collect, remove and disperse garbage,
recyclable materials and organic waste under such
terms, conditions and limitations deemed necessary in
the interests of the public health, safety and welfare. (2) No person, solid waste enterprise or the
agents, servants or employees thereof shall provide
solid waste collection services within the city without approval, which shall be issued only on a vote of the
Common
City Council. All recycling, organic waste
and garbage collections shall be made as quietly as
possible, and the City Manager may fix and determine
the hours for collection.
(3) Except as expressly called out in the
franchise agreement, the franchised hauler is granted
the exclusive franchise, duty, right and privilege to
collect, transfer, transpor t, recycle, process and
dispose of garbage, organic waste and recyclable
materials generated within the boundaries of city
subject to the terms and conditions set forth in the
franchise agreement.
(B) Subscription required. The property owner
or tenant of each occupied premises shall have at least the minimum level of solid waste collection service
made available to that premises by the franchised
hauler, as specified in the franchise agreement between the city and the franchised hauler. At its discretion, the city may require a higher level of solid waste
collection service if the current level of service is
deemed insufficient. The charges for solid waste
collection service rendered or made available shall be
paid for all periods of time during which the premises
are occupied, regardless of whether or not the owner
or tenant has any solid waste to be collected on any
particular collection date during such occupancy.

Nothing in this chapter is intended to prevent an
arrangement, or the continuance of an arrangement,
under which payments for solid waste collection
service are made by a tenant or tenants, or any agent
or other person, on behalf of the owner. However, any
such arrangement will not affect the property owner’s
obligation to pay for solid waste collection service as provided herein.
(C) Commencement of solid waste collection
service. The property owner or tenant shall commence
solid waste collection service within seven days after
occupancy of a premises, or portion thereof. In the
event service is not initiated within such period of
time, the City Manager may give written notice to the
owner or tenant that solid waste collection service is
required. If service is not initiated by the property
owner or tenant within seven days after the date of
mailing the notice, the City Manager shall authorize
the franchised hauler to begin and continue providing
the minimum level of solid waste collection service to
such premises and the service shall be deemed to have
been made available as of the date of such
authorization.
(D) Charge for solid waste collection service.

Any and all charges for solid waste collection service
shall be set forth in the franchise agreement, contract or the collection service agreement between the city
and its franchised hauler.
(E) Special services. Customers requiring special
services shall contact the franchised hauler to arrange for such service. Charges for such special services
shall be set forth in the franchise agreement.
(F) Exemption from service. Any customer may
make an application for exemption from solid waste
collection services on the basis that a developed
San Bernardino - Health and Safety56
property is unoccupied, and that no garbage, organic
waste or recyclable materials shall be placed or offered for collection by the city or its authorized franchised hauler from such property. The City Manager may
temporarily exempt such pr operty from participation
in the city’s solid waste collection program for the
limited period while the property is unoccupied;
provided that any such statement or representation
shall be made in affidavit form, fully sworn to by the
person making such statement or representation and
filed with the City Manager. An exemption shall be
valid only for the time that the statements made in the affidavit continue to be true. Any violation of
provisions of the exemption shall result in termination of the exemption and shall require the customer to
subscribe to the solid waste collection services in
accordance with this chapter.
(G) City Manager may restrict self-haul. Nothing
in this chapter is intended to prevent residents, that
subscribe and pay for solid waste collection services
with the franchised hauler, from self-hauling garbage,
recyclable materials or organic waste to permitted
solid waste facilities, and other solid wastes (excluding garbage, recyclable materials and organic waste) in
excess of their normal subscription level to facilities that accept and responsibly process those materials, as may be necessary from time to time. However, the
City Manager may restrict or prohibit self-hauling by
individual generators if the City Manager determines,
after providing notice and an opportunity for a
hearing, that the generator’s self-hauling activities
violate the provisions of this chapter or any other
applicable law or regulation.
(H) Organics prohibited from use as alternative
daily cover. Pursuant to the provisions of 2014
Assembly Bill 1594 (AB 1594 , which amended the
Cal. Public Resources Code, §§ 40507 and 41781.3),
the franchised hauler, and any generators who
self-haul organic waste, may not direct their organic
waste for use as ADC. If the City Manager determines
that the franchised hauler or any other generator has
directed any organic waste for use as ADC, the City
Manager will notify the franchised hauler or generator
of the requirements of this provision. Repeated
instances of directing organic waste for use as ADC
may result in enforcement action as per § 8.24.130.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.050 FAILURE TO PAY.
(A) Failure to pay for solid waste collection
service. The franchised hauler shall be entitled to
payment from the property owner, tenant or any other
subscribing person on behalf of the property owner for
any services rendered or to be rendered. Solid waste
collection service shall not be discontinued for
residential customers by reason of any failure to pay
the charges for such service. The franchised hauler
may temporarily suspend services if a commercial
customer has been delinquent in payment for a period
of at least 45 days in accordance with the terms of the franchise agreement.
(B) Notification of delinquency.
(1) Customers (owners or tenants) who
have not remitted required payment within 45 days
after the date of billing shall be notified by the
franchised hauler on forms that contain a statement
that if payment is not received within 15 days from the date of the notice, the delinquent and unpaid charges,
including a 10% penalty and 1.5% monthly interest,
may be placed on the county annual secured property
tax rolls and that any amount owing would then
become a lien on the property. Contractor shall
provide such notice to customers via U.S. mail to the
current billing address on file.
(2) All notices pursuant to this division (B)
shall be made to the property owner, if the property
owner is the subscriber, or else to the property owner
and tenant or any other subscribing person on behalf
of the property owner. The form of delinquency notice
shall be approved by the City Manager.
(C) Assignment of delinquent account. In the
event the bill for solid waste collection service,
together with any late charge thereon, is not paid in
full within 30 days after the date of mailing the notice of delinquency to the property owner and tenant
pursuant to division (B) below, the franchised hauler
may assign such bill to the city for collection through the initiation of lien and special assessment
Solid Waste Collection, Removal, Disposal, Processing and Recycling 57 proceedings. The assignment shall include the name
and address of the property owner and tenant, the
assessor’s parcel number of the premises, the period of solid waste collection service covered by the bill, the amount owed for such service, the amount of any late
charge and such other information as requested by the
City Manager, together with a copy of the notices of
delinquency mailed or otherwise delivered to the
property owner and tenant with proof of service.
(D) Initiation of special assessment and lien.

Upon the city’s receipt of the assignment from the
franchised hauler, the City Manager shall prepare a
report of delinquent solid waste collection service
charges and initiate proceedings to create a special
assessment and lien on the premises to which the solid
waste collection service was provided. The City
Manager shall fix a time, date and place for an
administrative hearing by the City Manager to
consider any objections or protests to his or her report. (E) Notice of administrative hearing on special
assessment and lien. The City Manager shall send
written notice of the administrative hearing to the
property owner and tenant of the premises against
which the special assessment and lien will be imposed
at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises
is assessed in the latest equalized assessment roll
available on the date the notice is mailed, at the
address shown on said assessment roll or as known to
the City Manager. A copy of the notice shall also be
mailed to the franchised hauler. Said notice shall set
forth the amount of delinquent solid waste collection
service charges, the amount of any late charge thereon
and shall inform the recipient of the possible levy of a special assessment and lien on the premises and
administrative charges as provided in this division.

Said notice shall also inform the property owner and
tenant of the time, date and place of the administrative hearing and the subsequent public hearing to be
conducted by the Common
City Council, include a link
to the webpage on which the administrative hearing
order and final report in division (F) below will be
posted and advise the property owner and tenant of his
or her right to appear at both the administrative
hearing and the public hearing to state his or her
objections to the report or the proposed special
assessment and lien.
(F) Administrative hearing on special assessment
and lien. At the time and place fixed for the
administrative hearing, the City Manager shall hear
and consider any objections or protests to his or her
report. The City Manager may correct or modify the
report as he or she deems appropriate, based upon the
evidence presented at the hearing, and shall post a
copy of the decision on the city website. The City
Manager shall thereupon submit a final report to the
Common
City Council for confirmation and shall post
a copy of such final report on the city website.
(G) Public hearing on special assessment and
lien. The CommonCity Council shall conduct a public
hearing to consider the City Manager’s final report at
the time and place set forth in notice described in
division (E) above. At such hearing, any interested
person shall be afforded the opportunity to appear and
present evidence as to why the final report, or any
portion thereof, should not be confirmed. The
Common
City Council’s review shall be limited to the
administrative record and evidence presented at the
City Manager’s administrative hearing. The
Common
City Council may adopt, revise, reduce or
modify any charge shown in the final report or
overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If
the Common
City Council is satisfied with the final
report as rendered or modified, the Common City
Council shall confirm such final report by resolution.

The decision by the Common
City Council on the final
report and any objections or protests thereto shall be
final and conclusive.
(H) Recording of lien. Upon confirmation by the
Common
City Council of the final report, the City
Manager shall cause to be recorded in the office of the Recorder for the County of San Bernardino, a lien
against each premises described in the final report for the amount of delinquent solid waste collection service charges and late charges as confirmed by the
Common
City Council by resolution. The lien shall
also include such additional administrative charges as
established by resolution of the Common
City Council.

All affected property owners shall be notified by the
City Manager that the delinquent solid waste collection service charges, late charges and administrative
charges are due and payable to the city and that said
lien has been recorded.

San Bernardino - Health and Safety58
(I) Levy of special assessment. Upon
confirmation by the CommonCity Council of the City
Manager’s final report, as rendered or modified, the
delinquent solid waste collection service charges, late charges and administrative charges contained therein
shall constitute a special assessment levied upon the
premises against which such charges have been
imposed. The City Manager shall file a copy of the
final report, together with a certified copy of the
resolution by the Common
City Council confirming the
same, with the tax collector for the county with
instructions to enter the delinquent solid waste
collection service charges, late charges and
administrative charges as special assessments against
the respective premises described in the City
Manager’s lien report. The tax collector shall include
such special assessment on the next regular bill for
secured property taxes sent to the property owner.
(J) Collection of special assessment. The special
assessment shall be collected at the same time in the
same manner and frequency and by the same persons
as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of
sale as provided for delinquent ordinary municipal
taxes. The special assessment shall be subordinate to
all existing special assessment liens previously
imposed upon the premises and paramount to all other
liens except those for state, county and municipal
taxes, with which it shall be upon parity. Each special assessment shall continue until all of the delinquent
solid waste collection service charges, late charges and administrative charges due and payable thereon are
paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable
to such special assessment.
(Ord. MC-1431, passed 11-10-2016; Ord. MC-1612,
passed 3-15-2023)
§ 8.24.060 STORAGE AND OWNERSHIP.
(A) Sufficient container capacity and storage of
containers. All persons occupying or maintaining any
premises within the city where garbage, organic waste
and recyclable materials are created, produced or
accumulated shall maintain sufficient standard
containers for receiving and holding all garbage,
organic waste and/or recyclable materials which are
produced, created or accumulated on such premises.

No containers shall be allowed to be stored in the
public streets or rights-of-way. Except on days
established for collection, all solid waste containers
shall be placed out of sight of the public right-of-way, except for temporary containers, as described below.

Containers may be stored in alleys but must not cause
obstruction for emergency, solid waste collection or
other vehicles. Containers may be temporarily stored
in public streets or rights-of-way. In commercial areas of the city that have limited space for the placement of containers, upon written request of the property owner
or occupant, the city may allow the bins or carts as
provided by the franchised hauler to be placed in
public parking lots expressively for the purpose of
normal weekly collection by the franchised hauler.
(B) Design review. The design of any new,
substantially remodeled or expanded building or other
facility shall provide for proper storage of garbage,
organic waste and recyclable materials and which will
allow for efficient and safe waste removal or
collection. The design shall be submitted for approval
to the Development Environmental Review Committee
and shall meet all applicable regulations.
(C) Ownership of solid waste materials. All solid
waste placed in containers provided by any franchised
hauler for collection shall be considered owned by and
be the responsibility of the franchised hauler. All
materials placed in containers provided or owned by
the generator shall be considered owned by and be the
responsibility of that generator until the material is
placed at a franchised hauler’s designated point of
collection and in containers described in § 8.24.010.

The occupant, business owner, or his or her authorized
agent, may retrieve or remove any materials from the
container, prior to collection.
(D) Unlawful collection. It shall be unlawful for
any person to engage in the business of collecting,
removing or transporting, or otherwise organize or
direct the collection, removal or transportation, of
recyclable materials without being a franchised hauler.

Nothing in this chapter limits the right of any person
to donate or sell his or her recyclable materials,
including to recognized non-profit charitable
organizations conducting fundraising events for a
public purpose. No cost or fees of any sort, including
Solid Waste Collection, Removal, Disposal, Processing and Recycling 59 those for hauling services or use of containers, may be charged. Additionally, containers provided by the
franchised hauler may not be used for the storage of
recyclable materials that the occupant intends to
donate, sell or otherwise dispose of through a party
other than the franchised hauler.
(E) Posting of signs. Signs which state, in both
English and Spanish, that removal of recyclable
materials from containers is illegal and punishable by
a fine of up to $1,000 or up to six months in jail, or
both, shall be posted at each of the following
locations:
(1) On all commercial recycling bins;
(2) At the entrance to buy-back centers; and
(3) Vending machine-type containers
located within the city.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.070 NUISANCE.
(A) Nuisance prohibited. N o p e r s o n s h a l l
accumulate solid waste in any amount that creates a
nuisance. If accumulation of solid waste creates a
nuisance, the City Manager may require a more
frequent collection schedule and/or removal of the
accumulated solid waste. Furthermore, the following
apply.
(1) Putrescible solid waste, including
garbage and organic waste, shall not be allowed to
remain on the premises for more than seven days.
(2) The occupant of any property may not
dispose of solid waste on his or her property (with the exception of organic wastes that are composted on-site
via backyard composting).
(3) No person shall throw or deposit or
cause to be thrown or deposited any solid waste upon
any premises whatsoever except at permitted solid
waste facilities (for garbage and organic waste) or
facilities that accept and responsibly process other
solid wastes (excluding garbage and organic waste).
(4) It is unlawful for any person to burn, or
cause to be burned, any solid waste within the city.
(5) It is unlawful for any person to dispose
of any burning ash or embers in solid waste
containers.
(6) It is unlawful for any person to place in
any container identified for recyclable materials or
organic waste any material that would inhibit its ability to be recycled or composted. Containers set aside for
recyclable materials or organic waste shall be used
only for recyclable materials or organic waste and no
other materials.
(7) No person shall place or deposit in any
garbage, recycling or organic waste container for
collection pursuant to the provisions of this chapter
any unbroken and exposed hypodermic needles,
medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human
injury or harm.
(8) No person shall place or deposit in any
garbage, recycling or organic waste container for
collection pursuant to the provisions of this chapter
wearing apparel, bedding or other articles from any
home or place where any infectious or contagious
disease has prevailed. The occupant of any premises
where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and
shall dispose of such articles in accordance with his or her directions.
(9) No person shall place or deposit in or
upon any container or container within the city any
E-waste, but shall deposit such E-waste with an
authorized recycler of E-waste products.
(B) Containers must be covered and kept clean.

All solid waste set out by generators on the street or
other designated location for collection by the
franchised hauler shall be placed in covered
containers. No container shall be loaded beyond its
capacity. It shall be the responsible parties’
responsibility to keep the containers used for the
storage and collection of solid waste material
generated on the premises in a clean and sanitary
condition. No material or containers shall be kept or
San Bernardino - Health and Safety60
handled in such a manner as to become a nuisance. No
solid waste shall be allowed to become odoriferous or
a producer of vermin. Lids on containers shall remain
closed at all times while stored or placed for
collection.
(C) Damage to or removal of containers. It is
unlawful for any person to mar, injure, damage or
destroy, or to take or remove any container furnished
or provided pursuant to this chapter.
(D) Hauling and transport. No generator,
self-hauler or franchised hauler shall transport solid
waste over any public street, alley, right-of-way or
parking plaza unless solid waste is contained and
covered in such a manner as to prevent the dropping or
spilling of any solid wast e, litter or liquid upon the public street, alley, right-of-way or parking plaza.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.080 SCRAP TIRES.
(A) Disposal of scrap tires.
(1) Every seller of new or used tires within
the city upon request by an authorized agent or
employee of the city must demonstrate that each such
tire has been disposed of properly by one of the
following methods:
(a) Manifest provided by a
state-permitted waste tire hauler company; and
(b) Any alternative methods formally
approved by CalRecycle.
(2) The city shall provide copies of manifest
forms to any seller of new or used tires within the city upon request from the seller to the city. Any seller of new or used tires within the city who cannot
adequately demonstrate to City Manager that each
whole tire was disposed of properly by one of the
above methods shall be in violation of this chapter and subject to civil and/or criminal prosecution by the city. (B) Penalty for unlawful disposal of whole tires.
(1) It shall be unlawful to dispose of whole
tires in any of the following manners within the city:
(a) Placement of whole tires in or
around any regular commercial, industrial or
residential container within the city. A residential
customer may contact the franchised hauler to arrange
for on-call collection of up to two whole tires twice
per calendar year, with a maximum of four tires per
calendar year; and
(b) Placement of whole tires on any
public or private property within the city, unless said property is a registered waste tire facility as set forth in Cal. Public Resources Code, §§ 42800 to 42859 et
seq.42855.
(2) Any seller of new or used tires within
the city who willfully and knowingly places whole
tires in or around any regular commercial, industrial
or residential solid waste container within the city or along any public or private property, or who allows or
directs another party to willfully and knowingly place
whole tires in any regular commercial, industrial or
residential container within the city or along any
public or private property, shall be guilty of a
violation of this chapter, and subject to civil and/or
criminal prosecution by the city.
(C) Posting of notice. Every seller of new or
used tires within the city must post the following
notice:
“NOTICE: Every tire left with this facility
for disposal is assessed a surcharge
established by California Public Resources
Code 42885. This surcharge is for the costs
of disposal and for development of new uses
for scrap tires. Other charges may also be
imposed by this operator to cover actual
disposal or recycling costs.

In order to prevent the illegal disposal of
used tires within the City of San Bernardino,
if you elect to keep your used tires for
private use or disposal, you will be required
to sign a Certificate of Removal stating the
number of tires that you removed, your
name, address and California Driver’s
License Number. This information will be
Solid Waste Collection, Removal, Disposal, Processing and Recycling 61 furnished to the City of San Bernardino.

Illegal disposal of whole tires is a violation
of Chapter 8.24.080 of the City of San
Bernardino Municipal Code, and may result
in fines and penalties.”
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.090 MANDATORY RESIDENTIAL,

COMMERCIAL AND MULTI-FAMILY
RECYCLING AND ORGANIC RECYCLING.
(A) All solid waste generators responsible for
compliance. Each generator shall be responsible for
ensuring and demonstrating its compliance with the
requirements of this chapter.
(B) Recycling and organics collection required.

Each generator shall subscribe to a level of service
with the franchised hauler that is sufficient to handle the volume of recyclable materials and organic waste
generated or accumulated on the premises.

Additionally, each generator shall ensure the proper
separation of solid waste, as established by the
franchised hauler, by placing each type of material in
designated containers or containers, and ensure that
employees, contractors, volunteers, customers, visitors and other persons on site conduct proper separation of
solid waste.
(C) Implementation.
(1) Each generator shall use containers
provided by the franchised hauler to collect and store
recyclable materials and organic waste, and shall
designate areas to collect and/or store these materials.

Each generator shall prominently post and maintain
one or more signs in maintenance or work areas or
common areas where recyclable materials and organic
waste are collected and/or stored that specify the
materials to be recycled and how to recycle such
material. The city shall notify and instruct generators in writing of applicable recycling and organic waste
requirements. Upon request by generators, the city
will also provide outreach and training to commercial
generator employees and tenants regarding what
materials are required to be recycled and how to
recycle such material.
(2) Additionally, the following apply.
(a) The City Manager shall annually
work with the franchised hauler to identify generators
subject to the requirements in this chapter.
(b) The City Manager shall review
franchised hauler data to confirm whether all
commercial generators are compliant with the
requirements of this chapter by reviewing subscription
levels of garbage, organic waste and recycling
collection services. Those generators who do not
subscribe to the required collection services with the
franchised hauler will be notified of the requirement to subscribe organic waste and recyclable materials.
(c) The City Manager shall work with
the franchised hauler to conduct site visits with select commercial generators each year, covering all
commercial generators every five years, in order to
document whether generators participate in the
required recycling and organic waste collection
programs (not just subscribe) and are, therefore, in
compliance with the requirements of this chapter.
(d) The City Manager shall annually
work with any non-compliant generators in order to
bring them into compliance with the requirements of
this chapter by providing outreach, education and
technical assistance to facilitate compliance.
(e) All generators shall be responsible
for ensuring and demonstrating compliance with the
requirements of this chapter within 30 days of
notification of non-compliance. Failure to demonstrate
compliance with the requirements of this chapter shall
be cause for enforcement.
(Ord. MC-1431, passed 11-10-2016; Ord. MC-1566,
passed 12-1-2021)
§ 8.24.095 MANDATORY COMMERCIAL
EDIBLE FOOD RECOVERY.
(A) Definitions. For the purpose of this section,
the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL EDIBLE FOOD
San Bernardino - Health and Safety62
GENERATOR. Includes a tier one or a tier two
commercial edible food generator, as defined below.

DESIGNEE. An entity that the city contracts
with or otherwise arranges to carry out any
responsibilities of this chapter. A DESIGNEE may be
a government entity, a hauler, a private entity or a
combination of those entities.

EDIBLE FOOD. Unsold or unserved food
that is fit for human consumption, even though the
food may not be readily marketable due to appearance,
age, freshness, grade, size, surplus or other
conditions. For the purposes of this section, EDIBLE
FOOD is not solid waste if it is recovered and not
discarded.

FOOD. Has the same meaning as in the Cal.

Health and Safety Code, § 113781.

FOOD FACILITY. Has the same meaning as
in the Cal. Health and Safety Code, § 113789.

FOOD RECOVERY. Actions to collect and
distribute food for human consumption which
otherwise would be disposed.

FOOD RECOVERY ORGANIZATION. An
entity that primarily enga ges in the collection or
receipt of excess edible food from edible food
generators and distributes that edible food to the public for consumption, including, but not limited to:
(a) A food bank, as defined in the Cal.

Health and Safety Code, § 113783;
(b) A non-profit charitable
organization, as defined in the Cal. Health and Safety
Code, § 113841; and
(c) A non-profit charitable temporary
food facility, as defined in the Cal. Health and Safety Code, § 113842.

FOOD RECOVERY SERVICE. A person or
entity that collects and transports edible food from an edible food generator to a food recovery organization
or other entities for food recovery.

FOOD SERVICE DISTRIBUTOR. An
entity primarily engaged in providing food services to
institutional, governmental, commercial or industrial
locations of others based on contractual arrangements
with these types of organizations.

GROCERY STORE. A store primarily
engaged in the retail sale of canned food; dry goods;
fresh fruits and vegetables; fresh meats, fish and
poultry; and any area that is not separately owned
within the store where the food is prepared and served, including a bakery, deli and meat and seafood
departments. GROCERY STORE includes
convenience stores.

HEALTH FACILITY. Has the same
meaning as in the Cal. Health and Safety Code,
§ 1250.

HOTEL. Has the same meaning as in the
Cal. Business and Professions Code, § 17210.

LARGE EVENT. An event, including, but
not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local
agency, and serves an average of more than 2,000
individuals per day of operation of the event, at a
location that includes, but not limited to, a public,
non-profit or privately owned park, parking lot, golf
course, street system or other open space when being
used for an event.

LARGE VENUE. A permanent venue
facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes of this section, a venue facility includes, but is not limited to, a public, non-profit or privately
owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo,
aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater or other
public attraction facility. For purposes of this section, a site under common ownership or control that
includes more than one LARGE VENUE that is
Solid Waste Collection, Removal, Disposal, Processing and Recycling 63 contiguous with other LARGE VENUES in the site is
a single LARGE VENUE.

LOCAL EDUCATION AGENCY. A school
district, charter school or county office of education
that is not subject to the control of city or county
regulations related to solid waste.

RESTAURANT. An establishment primarily
engaged in the retail sale of food and drinks for on
premises or immediate consumption.

SUPERMARKET. A full-line, self-service
retail store with gross annual sales of $2,000,000 or
more, and which sells a line of dry grocery, canned
goods or non-food items and some perishable items.

TIER ONE COMMERCIAL EDIBLE
FOOD GENERATOR. A commercial edible food
generator that is one of the following:
(a) Supermarket;
(b) Grocery store with a total facility
size equal to or greater than 7,500 square feet;
(c) Food service distributor; and
(d) Wholesale food market.

TIER TWO COMMERCIAL EDIBLE
FOOD GENERATOR. A commercial edible food
generator that is one of the following:
(a) Restaurant with 250 or more seats,
or a total facility size equa l to or greater than 5,000 square feet;
(b) Hotel with an on-site food facility
and 200 or more rooms;
(c) Health facility with an on-site food
facility and 100 or more beds;
(d) Large venue;
(e) Large event;
(f) A state agency with a cafeteria with
250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; and
(g) A local education agency facility
with an on-site food facility.

WHOLESALE FOOD MARKET. A food
establishment in which food (including fruits and
vegetables) is received, shipped, stored, prepared for
distribution to a retailer, warehouse, distributor or
other destination.
(B) Commercial edible food generators
responsible for compliance.
(1) Tier one commercial edible food
generators must comply with the requirements of this
chapter commencing January 1, 2022, and tier two
commercial edible food generators must comply
commencing January 1, 2024, pursuant to 14 CCR
§ 18991.3.
(2) Large venue or large event operators not
providing food services, but allowing for food to be
provided by others, shall require food facilities
operating at the large venue or large event to comply
with the requirements of this section, commencing
January 1, 2024.
(C) Commercial edible food generators
requirements. Commercial edible food generators shall
comply with the following requirements:
(1) Arrange to recover the maximum
amount of edible food that would otherwise be
disposed;
(2) Contract with or enter into a written
agreement with food recovery organizations or food
recovery services for:
(a) The collection of edible food for
food recovery; or
San Bernardino - Health and Safety64
(b) Acceptance of the edible food that
the commercial edible food generator self-hauls to the
food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food
that is capable of being recovered by a food recovery
organization or a food recovery service;
(4) Allow city’s designated enforcement
entity or designated third party enforcement entity to
access the premises and review records pursuant to 14
CCR § 18991.4; and
(5) Keep records that include the following
information or as otherwise specified in 14 CCR
§ 18991.4:
(a) A list of each food recovery service
or organization that collects or receives its edible food, pursuant to a contract or written agreement established under 14 CCR § 18991.3(b);
(b) A copy of all contracts or written
agreements established under 14 CCR § 18991.3(b);
and
(c) A record of the following
information for each of those food recovery services or food recovery organizations:

1. The name, address and contact
information of the food recovery service or food
recovery organization;

2. The types of food that will be
collected by or self-hauled to the food recovery service or food recovery organization;

3. The established frequency that
food will be collected or self-hauled; and

4. The quantity of food,
measured in pounds recovered per month, collected or
self-hauled to a food recovery service or food recovery organization for food recovery.
(D) Requirements for food recovery organizations
and services.
(1) Food recovery services collecting or
receiving edible food directly from commercial edible
food generators, via a cont ract or writte n agreement
established under 14 CCR § 18991.3(b), shall maintain
the following records, or as otherwise specified by 14
CCR § 18991.5(a)(1):
(a) The name, address and contact
information for each commercial edible food generator
from which the service collects edible food;
(b) The quantity in pounds of edible
food collected from each commercial edible food
generator per month;
(c) The quantity in pounds of edible
food transported to each food recovery organization
per month; and
(d) The name, address and contact
information for each food recovery organization that
the food recovery service transports edible food to for food recovery.
(2) Food recovery organizations collecting
or receiving edible food directly from commercial
edible food generators, via a contract or written
agreement established under 14 CCR § 18991.3(b),
shall maintain the following records, or as otherwise
specified by 14 CCR § 18991.5(a)(2):
(a) The name, address and contact
information for each commercial edible food generator
from which the organization collects edible food;
(b) The quantity in pounds of edible
food collected from each commercial edible food
generator per month; and
(c) The name, address and contact
information for each food recovery service that the
organization transports edible food to for food
recovery.

Solid Waste Collection, Removal, Disposal, Processing and Recycling 65 (3) Food recovery organizations and food
recovery services that have their primary address
physically located in the city and contract with or have written agreements with one or more commercial
edible food generators pursuant to 14 CCR
§ 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year
from the tier one and tier two commercial edible food
generators they have established a contract or written
agreement with pursuant to 14 CCR § 18991.3(b) no
later than March 31 of every calendar year.
(4) In order to support edible food recovery
capacity planning assessments or other studies
conducted by the county, city or other regional
agencies that provide solid waste collection services,
or its designated entity, food recovery services and
food recovery organizations operating in the city shall provide information and consultation to the city, upon
request, regarding existing, or proposed new or
expanded, food recovery capacity that could be
accessed by the city and its commercial edible food
generators. A food recovery service or food recovery
organization contacted by the city or its franchise
hauler shall respond to such request for information
within 60 days, unless a shorter time frame is
otherwise specified by the city.
(Ord. MC-1566, passed 12-1-2021)
§ 8.24.100 CONSTRUCTION AND

DEMOLITION DEBRIS RECYCLING
PROGRAM.
(A) Covered and non-covered projects. Covered
projects are required to divert recyclable C&D from
landfills. The minimum C&D diversion requirement is
established by resolution of the Mayor and
Common
City Council. Applicants for construction,
demolition, addition, alteration and remodel projects
within the city that are not covered projects are
encouraged to divert the minimum C&D diversion
requirement.
(B) City projects. City-contracted construction
shall adhere to the city project C&D waste policy
established by resolution of the Mayor and
Common
City Council.
(C) Security deposit required. Except as
otherwise specified in this chapter, each applicant for a building or demolition permit for a covered project
shall remit a security deposit in the amount established by resolution of the Mayor and Common
City Council.

The security deposit shall be remitted prior to permit
issuance.
(D) Exemptions.
(1) Neither a C&D waste recycling and
disposal report summary nor a security deposit shall be required for the following:
(a) Work for which only a plumbing
permit, electrical, mechanical permit or a combination
thereof is required;
(b) Seismic tie-down projects;
(c) Installation of a patio or awning;
(d) Installation of pre-fabricated
accessories such as signs or antennas;
(e) Residential pools and spas;
(f) Re-roof projects, block walls and
retaining walls;
(g) City owned projects; and
(h) Other work that the City Manager
determines will not produce significant quantities of
construction or demolition waste.
(2) An applicant for projects may submit an
application for exemption on the grounds that the
project will not generate more than 35 gallons of C&D
waste. The application shall be submitted to the City
Manager who shall determine if the exemption is in
compliance with this chapter.

San Bernardino - Health and Safety66
(E) Refund of security deposit. The City
Manager may authorize the refund of any security
deposit that was erroneously paid or collected. The
City Manager may authorize the refund of any security
deposit when the building permit application is
withdrawn or cancelled before any work has begun.

The City Manager may authorize the refund of a
security deposit when the applicant has satisfactorily
submitted the C&D waste recycling and disposal
report summary, and at least the minimum C&D
diversion requirement is met. lf the minimum C&D
diversion requirement is not realized, the amount of
the refund shall correspond to the percentage of C&D
waste recycled, reused or diverted from the landfill. If the applicant fails to submit the documentation
required by this section within the required time
period, the security deposit shall be forfeited to the
city.
(F) Administrative fee. As a part of any
application for, and prior to the issuance of, any
building or demolition permit, every applicant for a
covered project, unless otherwise exempt, shall pay an
administrative fee sufficient to compensate the city for all expenses incurred in reviewing the project and
reviewing performance. The amount of this fee shall
be set forth in a resolution of the Mayor and
Common
City Council.
(G) Reporting. Within 60 days following the
completion of a demolition project and/or a covered
project, the applicant shall, as a condition precedent to release of the security deposit, submit a C&D waste
recycling disposal report summary to the City
Manager.
(H) Appeal. Any appellant aggrieved by the
decision of the City Manager relating to a security
deposit under division (D) or (E) above may appeal the
decision to the hearing officer in the manner provided
in Chapter 9.94.
(I) Construction debris self-hauling.
(1) A construction contractor may self-haul
recyclable materials or C&D waste generated by the
construction contractor at the job site. When acting as a general contractor, the construction contractor may
haul these same materials for any construction
contractor acting as a subcontractor at the same job
site.
(2) The right of a construction contractor to
self-haul or haul hereunder is subject to the following conditions:
(a) All construction contractors
generating any of the recyclable materials or C&D
waste to be self-hauled or hauled shall have a valid
city business registration certificate;
(b) The construction contractor owns
or leases the self-hauling or hauling equipment
(excluding containers) and the equipment is clearly
marked with the identity of the construction contractor including, as a minimum threshold requirement, the
company name, address and phone number;
(c) The construction contractor must
be performing construction and demolition work on
the permitted job site;
(d) The construction contractor cannot
serve solely as a hauler of debris from the job site;
(e) The construction contractor
provides proof of insurance for said vehicle;
(f) The construction contractor’s
equipment shall be operated by an employee of the
construction contractor at all times during any
self-haul or haul to a disposal or processing facility in a manner consistent with all appropriate laws and
regulations;
(g) The construction contractor
performing the self-haul or haul holds a current
building and demolition permit which covers all
recyclable materials or construction and demolition
debris for which the construction contractor will be
performing self-hauling or hauling, and the
Solid Waste Collection, Removal, Disposal, Processing and Recycling 67 construction contractor complies with the construction
and demolition provisions of the city;
(h) The construction contractor shall hold
for a self-hauling permit fee as set by the Mayor and
Common
City Council; and
(i) Regardless of the valuation of the
project, the construction contractor performing the
haul or self-haul must comp ly with this article and
shall submit an application fee, security deposit as set by the Mayor and Common
City Council and obtain a
C&D permit for projects, as defined in § 8.24.010.
(Ord. MC-1431, passed 11-10-2016; Ord. MC-1521,
passed 9-18-2019)
§ 8.24.110 CONTAINERS.
(A) Containers - franchise required. The
franchised hauler is the exclusive provider of
containers for the collection of C&D, garbage,
recyclable materials, organic waste and large items.

This includes any and all containers placed in the
public right-of-way, on city property, private property or elsewhere in the service area, for collection of
C&D, garbage, recyclable materials, organic waste
and large items and subsequent delivery to a permitted
solid waste facility. Collection utilizing containers may be on a temporary or permanent basis, in accordance
with the terms of the franchise agreement between the
city and the franchised hauler. Any containers left on
the public right-of-way, public property or private
property by a company or person without a contract or
franchise agreement with the city to provide such
services shall be deemed illegal and subject to removal pursuant to these provisions.
(B) Notice to remove.
(1) Upon determination that a container is
illegal, the owner of the container will be called and
notified of such violation, if it is marked, and the
owner will be given 24 hours to remove the container.

A “notice to remove container” shall be posted on the
container and mailed to the owner, if the owner’s
address is known or easily ascertainable. If the
container is unmarked and the owner is unknown, a
24-hour posting of the notice to remove the illegal
container shall be deemed sufficient notice.
(2) The notice shall be in substantially the
following form:
“NOTICE IS HEREBY GIVEN pursuant to
Chapter 8.24.110 of the San Bernardino
Municipal Code that the City Manager, or
his or her designee, has determined that this
container was placed in the City of San
Bernardino without the necessary contract or
franchise agreement and is hereby deemed
illegal and that the removal of the container
is required. This container must be removed
from the City of San Bernardino within
twenty-four (24) hours of the date and time
of this Notice. Failure to remove this
container will result in the seizure of the bin
by the City of San Bernardino or the
franchised hauler. A hearing may be
requested within fifteen (15) days of the
seizure to reclaim the container. If no
hearing is requested within fifteen (15) days,
the container will become the property of the
City of San Bernardino. The owner may
waive a hearing by paying the costs for
removal, storage, and disposal, if any, of the
container. The total amount of costs to be
paid may be obtained from the City.”
(C) Notice to remove - exemptions. The city may
waive the 24-hour notice to remove a container in the
event that the owner of the illegally placed containers can be identified and the city possesses documentation
of at least two prior instances of issuing notices to
remove and subsequent removal of containers owned
by the same owner in the prior 12 months.
(D) Cost of removal of containers. The cost of
removal of an illegally placed container, including all San Bernardino - Health and Safety68
costs for removal, storage and disposal of the
container and its contents, will be set by the city via resolution. Payment of those costs will be the
responsibility of th e owner of the illegally placed
container.
(E) Removal hearing and appeal process.
(1) Any illegal container that has been
removed by the city or franchised hauler shall be
stored pending a hearing before the City Manager.

Said hearing must be requested within 15 days and
scheduled within 30 days following the removal of the
container.
(2) The owner of the container may waive
the hearing and pay the city’s costs for removal,
storage and disposal of the container and claim the
container. The amount of costs will be determined by
the City Manager.
(3) If the container is not claimed and no
hearing is requested within 15 days of removal of the
container, the container will become the property of
the city and the city may dispose of or use the
container as the city may deem appropriate.
(4) If a hearing is timely requested, the City
Manager shall determine whether the owner of the
container had a contract or franchise agreement with
the city. If the City Manager determines that the
owner of the container did not have the requisite
contract or franchise agreement with the city, the City Manager may order the container returned to the
owner after payment of the costs for removal, storage
and disposal of the container. If the City Manager
determines that the owner did have the requisite
contract or franchise agreement with the city, the
container shall be returned to the owner at no cost to
the owner.
(5) The owner of a container that is the
subject of a timely hearing may appeal the City
Manager’s decision to the hearing officer within ten
days of the City Manager’s decision. The hearing
officer’s decision shall be final. Any person aggrieved by the decision of the hearing officer may obtain
review of such decision by filing an appeal with the
Superior Court of the State of California, County of
San Bernardino, in accordance with the time lines and
provisions set forth in Cal. Gov’t Code, § 53069.4 and
Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.120 ILLEGAL DUMPING.
(A) Accumulations.
(1) Every person owning or occupying any
building, lot or premises in the city shall keep such
property in a clean and sanitary condition; this
includes keeping the area around a container free of
excessive solid waste and preventing the placement of
material in the container that requires special handling, such as furniture and electronic appliances, E-waste or hazardous materials. The occupant shall not cause or
permit combustible or putrescible solid waste to collect or accumulate for more than one week, or cause or
permit any other non-combustible solid waste to
accumulate for a period in excess of one month;
provided, however, the provisions of this chapter shall not be construed to interfere with any occupant
keeping building materials upon premises during
construction, reconstruction or repair of a building or structure thereon under a valid building permit, nor
with the keeping of wood neatly piled upon such
premises for household use.
(2) Any violation of this chapter may be
reported to the City Code Enforcement Department or
Public Works Department. If a designated employee of
the city who has the authority to issue criminal or
administrative citations pursuant to Chapters 9.90,

9.92 and 9.93 determines that a violation of this
chapter exists, the designated employee will post a
notice of violation (“NOV”) requiring the property
owner or occupant to bring the property into
compliance. If the occupant does not respond to or
comply with the notice of violation, the city will take the necessary steps to bring the property into
compliance, including, if necessary, cleaning and
sanitizing the container area. The occupant shall be
held responsible for all fees and costs incurred as a
Solid Waste Collection, Removal, Disposal, Processing and Recycling 69 result of the city bringing the property into
compliance.
(B) Burning solid waste. No garbage, recyclable
materials, organic waste or any solid waste shall be
burned in the open air within the city limits, unless
such burning is conducted in a properly built sanitary
incinerator meeting all federal, state and local air
emissions regulations.
(C) Dumping and burying.
(1) No person shall dump, place or deposit
upon or bury in any lot, land, street, alley, water or
waterway within the city any garbage, recyclable
materials, organic waste or substance condemned by
the County Health Department or any other deleterious
or offensive substance; provided, however, the
provisions of this chapter shall not apply to any land
used by the county or its agents as a public landfill.
(2) It is unlawful to collect, dump or
deposit any garbage, recyclable materials, organic
waste upon any property located within the city
belonging to another either with or without the consent of the owner thereof, including, but not limited to, any property, public or private, any highway, off-ramp,
street, sidewalk, curb, gutter or other property; and it is unlawful to establish or maintain a place for
dumping garbage, recyclable materials, organic waste
in the city, or to collect, receive and dump any
garbage, recyclable materials, organic waste on one’s
own property, save and except such solid waste as
shall reasonably accumulate upon such property in the
reasonable and lawful use thereof.
(D) Contamination of recyclable materials and
organic waste. No person shall place in any container
identified for recyclable materials or organic waste any material that would inhibit its recyclability or
compostability. Containers set aside for recyclable
materials or organic waste shall be used only for
recyclable materials or organic waste and no other
materials. No glass, paper, plastic, razor blades,
metal, chemicals or other substances rendering such
organic waste unfit for the consumption of animals or
production of soil amendments or compost shall be
mixed therewith.
(E) Dangerous and infected substances.
(1) No person shall place or deposit in any
garbage, recyclable materials, organic waste container
for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles,
medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human
injury or harm. Customers may contact the city for
information regarding the city’s sharps collection
program.
(2) No person shall place or deposit in any
garbage, recyclable materials, organic waste container
for collection pursuant to the provisions of this chapter wearing apparel, bedding or other articles from any
home or place where any infectious or contagious
disease has prevailed. The occupant of any premises
where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and
shall dispose of such articles in accordance with his or her directions.
(F) E-waste. No person shall dump, place or
deposit in or upon any container within the city any
E-waste, but shall deposit such E-waste with an
authorized recycler of E-waste products.
§ 8.24.130 ENFORCEMENT.
(A) City Manager authorization. The City
Manager is authorized to administer and enforce the
provisions of this chapter. The City Manager, or
anyone designated by the City Manager to be an
enforcement officer, may exercise such enforcement
powers. If the City Manager determines that a solid
waste generator is in violation of this chapter or of any rule or regulation adopted pursuant to this chapter, the City Manager may begin enforcement proceedings.

Public nuisance proceedings and/or code enforcement
proceedings under the city’s code shall apply, in
addition to the administrative penalties approved by
resolution of the Common
City Council, as modified
from time to time. Enforcement proceedings may
include issuing notices of violation, requiring changes in subscription service levels or assessing
administrative fines.

San Bernardino - Health and Safety70
(B) Administrative citations and orders.
(1) A violation of this chapter shall be
considered a misdemeanor and may be punished as
such, however, at the discretion of the City Attorney,
the violation of any provisions of this article may be
filed as an infraction. The complaint charging such
violation shall specify whether the violation is a
misdemeanor or an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010, Chapter 9.92 and Chapter

9.93. (2) For purposes of § 1.12.010, Chapter

9.92 and Chapter 9.93, each violation of this chapter
by the same person or entity, regardless of the location of the violation, shall be considered a subsequent or
repeat offense. The city’s procedures
on imposition of administrative fines are incorporated
in its entirety and shall govern the imposition,
enforcement, collection and review of administrative
citations or orders issued to enforce this chapter and
any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt
regulations providing for lesser penalty amounts. The
City Manager has the authority to impose
administrative penalties for the notices of violations. (3) Failure to pay administrative penalties
or fines shall result in the recording of a lien of the property that is the subject of the citation pursuant to Chapters 9.92.090 and Chapter 9.93.170.
(C) Additional remedies.
(1) The City Attorney may seek injunctive
relief or civil penalties in the Superior Court in
addition to the above remedies and penalties. All
administrative civil penalties collected from actions
pursuant to this chapter shall be paid to the city and
shall be deposited into a solid waste administrative
account that is available to fund activities to implement the applicable provisions of this chapter. Any remedy
provided under this chapter is cumulative to any other
remedy provided in equity or at law. Nothing in this
chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil
action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or
its authorized collection agent(s). The fees and
penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the
persons, firms or corporations using or chargeable for
such services and shall be collectible in the manner
provided by law. Nothing in this chapter shall be
deemed to impose any liability upon the city or upon
any of its employees including without limitation under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ( being 42
U.S.C. §§ 9601 et seq., “CERCLA”).
(2) This chapter does not do any of the
following:
(a) Otherwise affect the authority of
the City Manager to take any other action authorized
by any other provision of law;
(b) Restrict the power of a City
Attorney, District Attorney or the Attorney General to
bring in the name of the People of California, any
criminal proceeding otherwise authorized by law;
(c) Prevent the City Manager from
cooperating with, or partic ipating in, a proceeding
specified in this chapter; or
(d) Affect, in any way, existing
contractual arrangements, including franchises,
permits or licenses, previously granted or entered into between the franchised hauler and city.
(Ord. MC-1431, passed 11-10-2016)
§ 8.24.140 FORMS, REGULATIONS AND
GUIDELINES.

The City Manager may adopt necessary forms,
rules, regulations and guidelines which may be
necessary or desirable to aid in the administration or
enforcement of the provisions of this chapter. The city may provide information on its website regarding what
materials are accepted as recyclable materials, organic waste and garbage under this chapter.
(Ord. MC-1431, passed 11-10-2016)
Solid Waste Collection, Removal, Disposal, Processing and Recycling 71 San Bernardino - Health and Safety72
CHAPTER 8.24.5: CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM (Repealed by Ord. MC-1431, passed 11-10-2016)
73 San Bernardino - Health and Safety74
CHAPTER 8.25: SCRAP TIRES
(Repealed by Ord. MC-1431, passed 11-10-2016)
75 San Bernardino - Health and Safety76
CHAPTER 8.27: NUISANCES
(Repealed by Ord. MC-1418, passed 10-5-2015)
77 San Bernardino - Health and Safety78
CHAPTER 8.30: PUBLIC NUISANCES
Section

8.30.010 Purpose

8.30.015 Definitions

8.30.020 Declaration of nuisances

8.30.021 Summary/emergency abatement

8.30.022 Summary/emergency abatement
post-abatement hearing

8.30.023 Method of giving notice

8.30.025 Determination of nuisance

8.30.026 Additional requirements for
demolition of buildings or
structures

8.30.030 Appeal

8.30.035 Time limit for compliance

8.30.040 Abatement by city

8.30.041 Report of abatement costs

8.30.042 Recovery of attorneys’ fees and
report of attorneys’ fees

8.30.043 Treble damages

8.30.045 Hearing on nuisance abatement
costs

8.30.050 Council action

8.30.055 Imposition of special assessment
lien and notice

8.30.056 Recording of nuisance abatement
lien

8.30.060 Collection of costs and attorneys’
fees prior to hearing

8.30.065 Alternative remedies

8.30.070 Violation - penalty
Cross-reference:

For Charter provisions authorizing the Common
Council to define nuisances and provide for
their removal, see City Charter, § 40(c).
§ 8.30.010 PURPOSE.

It is declared to be in the public interest to
promote the health, safety and welfare of the residents of the city by providing procedures for the abatement
of nuisances as declared by the Mayor and
Common
City Council of the city, which abatement
procedures shall be in addition to all other proceedings authorized by this code or otherwise by law.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.015 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

ABANDONED VEHICLE. A physically
inoperable vehicle.

ABATEMENT. The demolition, removal, repair,
maintenance, construction, reconstruction,
replacement or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal
and treatment of waste and abandoned materials and
equipment capable of harboring, breeding or attracting
rodents or insects or producing odors or blight.

ADMINISTRATIVE HEARING OFFICER or
HEARING OFFICER. Any individual appointed by
the City Manager of the City of San Bernardino, or his
or her designee, to hear the appeal under this chapter.

AGRICULTURAL GROVES. Any grove of ten
or more trees on a parcel or lot.

ATTRACTIVE NUISANCE. Any condition,
instrumentality or machine which is unsafe and
unprotected and thereby dangerous to young children
by reason of their inability to appreciate the peril
which exists, and which may reasonably be expected
to attract young children to the premises and risk
injury by playing with, in or on it. ATTRACTIVE
NUISANCES may include, but shall not be limited to:
79 San Bernardino - Health and Safety80
(1) Abandoned and/or broken equipment;
(2) Swimming pools being used as fish
ponds or other uses contrary to permitted swimming or
other pool uses, subject to state or local regulations
requiring, without limitation, that drains be visible
from the water’s surface and that the water be filtered; (3) Hazardous and/or unmaintained pools,
ponds, culverts, excavations; and
(4) Neglected machinery.

BUILDING. Any structure including, but not
limited to, any house, garage, duplex, apartment,
condominium, stock cooperative, mobile home or
other residential structure or any portion thereof,
which is designed, built, rented or leased to be
occupied or otherwise is intended for supporting or
sheltering any use or occupancy, and any commercial,
industrial or other establishment, warehouse, kiosk or
other structures affixed to or upon real property, used for the purpose of conducting a business, storage or
other activity.

CODE ENFORCEMENT DIRECTOR. The
Chief of Police for the City of San Bernardino, or his
or her designee.

CONSTRUCTION MATERIAL. Any discarded
material from the building or destruction of structures, road and bridges, including concrete, rocks, asphalt,
plasterboard, wood and other related material.

EXCAVATION. Any wells, shafts, basements,
cesspools, septic tanks, fish ponds and other like or
similar conditions more than six inches in diameter
and three feet in depth.

FOUL. Very offensive to the senses.

GARBAGE. Any putrescible animal, fish, fowl,
food, fruit or vegetable matter resulting from the
cultivation, preparation, storage, handling, decay or
consumption of the substance.

HAZARDOUS MATERIALS AND WASTE. Any
chemical, compound, mixture, substance or article
which is identified or listed by the United States
Environmental Protection Agency or appropriate
agency of the State of California as a hazardous waste, as defined in 40 C.F.R. §§ 261.1 through 261.33,
except that for purposes of this chapter, hazardous
waste also shall include household waste, as defined in 40 C.F.R. § 261.4(B)(1).
261.4(b)(1).

INOPERABLE VEHICLE. Mechanically
incapable of being driven or prohibited from being
operated on a public street or highway pursuant to Cal.

Vehicle Code, §§ 4000, 5202, 24002 and 40001,
concerning license plates, registration, equipment,
safety and related matters.

NOXIOUS. Hurtful or unwholesome.

ODOR. Any smell, scent or fragrance.

OWNER. Any person, agent, firm or corporation
having legal or equitable interest in the property.

PREMISES. Any lot or parcel of land upon
which a building is situated, including any portion
thereof improved or unimproved, and adjacent streets,
sidewalks, parkways and parking areas.

PROPERTY. Any lot or parcel of land, including
any alley, sidewalk, parkway or unimproved public
easement.

REFUSE. Any putrescible and non-putrescible
solid waste, except sewerage, whether combustible or
non-combustible and includes garbage and rubbish.

STAGNANT WATER. Water which is allowed to
become stagnant contained in ditches, pools, ponds,
steams excavations, holes, depressions, open
cesspools, privy vaults, fountains, cisterns, tanks,
shallow wells, barrels, troughs, urns, cans, tires,
boxes, bottles, tubs, buckets, roof gutters, tanks of
flush closets, reservoirs, vessels, receptacles of any
kind or other containers or devices which may hold
water.

UNMERCHANTABLE. Unsalable.

VEHICLE. Any device by which any person or
property may be propelled, moved or drawn upon a
highway, or upon water, excepting a device moved
Public Nuisances 81
exclusively by human-power, or used exclusively upon
stationary rails or tracks.

VIOLATOR. Any responsible party, including the
landowner, or lessee, tenant or any other person who
had possession or custody of the property.

WASTE MATTER. Any rubbish or construction
material.

WEEDS. Useless and troublesome plants
generally accepted as having no value and frequently
of uncontrolled growth.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.020 DECLARATION OF NUISANCES.

It is unlawful and is declared a nuisance for any
person owning, leasing, occupying or having charge or
possession of any property and any vehicles thereon in
the city to maintain the property in such a manner that any of the following conditions are present:
(A) The existence of any garbage, rubbish,
refuse or waste matter upon the premises contrary to
the provisions of the municipal code;
(B) The existence of weeds upon the premises,
including public sidewalks, streets or alleys between
said premises and the centerline of any public street or alley;
(C) The existence of overgrown, dead, decayed,
diseased or hazardous trees, and other vegetation,
including, but not limited to, dead agricultural groves which:
(1) Are likely to attract rodents, vermin or
other nuisances;
(2) Constitute a fire hazard; or
(3) Is dangerous to the public safety and
welfare.
(D) Overgrown vegetation, including trees,
shrubbery, ground cover, lawns and decorative
plantings, which substantially detract from the
aesthetic and property values of neighboring
properties;
(E) Any abandoned or discarded furniture, stove,
refrigerator, freezer, sink, toilet, cabinet or other
household fixture or equipment visible from a public
right-of-way;
(F) The existence of any abandoned, wrecked,
dismantled or inoperative motor vehicle upon the
premises contrary to the provisions of the municipal
code;
(G) (1) The storage or parking of certain
vehicles as follows:
(a) The storage or parking of trucks
exceeding the manufacturer’s gross vehicle weight
rating of 10,000 pounds on all areas of all residential zones, and the storage or parking of other vehicles on
the landscaped front and street side yard setback area
of all residential zones, including, but not limited to, the front lawn areas, contrary to the provisions of the municipal code; and
(b) The storage or parking of vehicles on
any unpaved parcel of property where such vehicle is:

1. Likely to disrupt traffic flow
in the city;

2. Stir up dust from driving on
the unimproved surface;

3. Negatively impact the
aesthetics of the city;

4. Allow oils and other unwanted
substances to drip onto the untreated dirt surface;
and/or

5. Cause traffic obstructions by
impeding the line of vision of drivers at intersections. (2) Vehicles parked in conjunction with a
temporary use as permitted under municipal code are
excepted.

San Bernardino - Health and Safety82
(H) The outdoor storage of personal property on
private property as follows:
(1) Any furniture (except for furniture
specifically designed for outdoor use) on porches,
balconies, sun decks, front, side and/or rear yards,
any other personal property not designed for outdoor
use and in good working order;
(2) The existence of any hay, straw,
lumber, papers or other substances, junk, packing
boxes, recyclable materials, salvage materials,
building/construction materials, equipment; unless
necessarily kept or stored under validly permitted,
current construction; appliances, commercial/
industrial machinery and/or equipment (whether
operable or inoperable); and
(3) Any item causing an unsightly
appearance which is visible from the public
right-of-way or sites of neighboring properties or
which provides a harborage for rats and/or other
vermin, or creates any other potential health hazard or nuisance.
(I) The outdoor storage of personal property on
public property as follows:
(1) The use of public property to store,
maintain, place or abandon any personal property, on
any public street, any public sidewalk, any parking lot or public area, improved or unimproved, any public
park, parkway, median or greenbelt, except as
otherwise provided; and
(2) Any personal property stored,
maintained, placed or abandoned in violation of this
section may be removed and discarded at the
discretion of the Public Works Director, Code
Enforcement Director or their designees.
(J) Any dangerous or substandard building,
whether or not occupied, abandoned, boarded up or
partially destroyed contrary to the provisions of the
Uniform Fire Code
California Fire Code and
International Fire Code , Uniform Building
CodeCalifornia Building Standards Code , Uniform
Housing Code, Uniform Code for Abatement of
Dangerous Buildings and/or the municipal code;
(K) Peeling or blistering paint on any building or
structure such that the condition is plainly visible from a public right-of-way;
(L) The existence of loud or unusual noises, or
foul or noxious odors which offend the peace and quiet
of persons of ordinary sensibilities and which
interferes with the comfortable enjoyment of life or
property and affect the entire neighborhood or any
considerable number of persons;
(M) The existence of hazardous substances and
waste unlawfully released, discharged or deposited
upon any premises onto any city property;
(N) The existence of any stagnant water or water
contained in hazardous and/or unmaintained swimming
or other pools which obscure required visibility and
proper filtering;
(O) Any vacant commercial or industrial
property on which are located signs related to uses no
longer conducted or products no longer sold on the
premises; provided that outdoor advertising displays
which are located in permitted zoning districts or
which are otherwise legally permitted are excepted
herefrom;
(P) Automobile service stations, and the
buildings and premises thereof, that have been vacant
or abandoned for a period in excess of 180 consecutive
days without being reestablished and which have been
maintained in such a condition as to become so
defective, unsightly or in such a condition of
deterioration or disrepair that the same cause
appreciable diminution of the property values of
surrounding properties, or are materially and
economically detrimental to the neighboring properties
and improvements;
(Q) Underground or aboveground storage vessels
or tanks that have remained for more than six months
after the use of such tanks or vessels ceases;
(R) Any attractive nuisance;
(S) Any other condition which is contrary to the
public peace, health and safety; and
Public Nuisances 83
(T) Any other violation of the municipal code.
(Ord. MC-1418, passed 10-5-2015)
Cross-reference:

Building Codes, see Title 15, Chapters 15.04
and 15.05
§ 8.30.021 SUMMARY/EMERGENCY
ABATEMENT.

Notwithstanding any other provision of this
chapter with reference to the abatement of public
nuisance, the Code Enforcement Director, Fire Chief,
Chief of Police, City Engi neer, Director of Public
Works, Building Official or their designees shall have
the authority to immediately cause the abatement of
any public nuisance if it is determined that the
nuisance presents an immediate threat to public health
or safety, or an imminent hazard to real or personal
property, in their sole discretion. Any such abatement
activity may be conducted without observance of any
notice requirements described in this chapter. The city is entitled to recover all abatement costs incurred in
the abatement of an imminent threat or hazard as set
forth in this chapter.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.022 SUMMARY/EMERGENCY
ABATEMENT POST-ABATEMENT HEARING.
(A) Within ten business days, or as soon as
reasonably possible under the circumstances, following
any summary abatement action by the city to abate an
immediate threat to public health or safety, or
imminent hazard to real or personal property, the city
must provide the owner and any other responsible
person with a “notice of summary abatement.”
(B) The notice of summary abatement shall be
served in accordance with § 8.30.023 and contain the
following information:
(1) A brief description of the condition and
reasons why it constituted an imminent threat or
hazard;
(2) A brief description of the law
prohibiting or pertaining to the imminent threat or
hazard;
(3) A brief description of the actions the
city took to abate the imminent threat or hazard; and
(4) An itemized invoice identifying all
nuisance abatement costs related to the summary
abatement. The invoice shall further indicate that any
unpaid amounts may become a lien and special
assessment against the property.
(C) The city’s determination that a public
nuisance constituted an imminent threat or hazard may
be appealed as set forth in § 8.30.030. The invoice of
abatement costs may be appealed as set forth in
§ 8.30.045. Any party to whom an invoice has been
issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city.

If the owner or other responsible person fails to make
timely, full payment of the abatement costs within 45
days of issuance of the notice of summary abatement
or as ordered by the hearing officer after any appeal,
the city may then proceed to collect its abatement costs in any manner allowed by law, including as set forth
in § 8.30.055.
(D) Omission of any of the foregoing provisions
in a notice of summary abatement, whether in whole
or in part, or the failure of an owner or responsible
person to receive this document, does not render it
defective or render any proceeding or action pursuant
to this chapter invalid.
(E) The decision of the hearing officer on the
determination of nuisance is final. Any appeal of the
hearing officer’s decision shall be governed by Cal.

Code of Civil Procedure, § 1094.6 or such section as
may be amended from time to time.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
San Bernardino - Health and Safety84
§ 8.30.023 METHOD OF GIVING NOTICE.
(A) Any notice required by this chapter may be
served in any one of the following methods:
(1) By personal service on the owner,
occupant or person in charge or control of the
property;
(2) By certified mail, postage prepaid,
return receipt requested. Simultaneously, the same
notice may be sent by regular mail addressed to the
owner or person in charge and control of the property,
at the address shown on the last available assessment
roll, or as otherwise known. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail; provided
the notice that was sent by regular mail is not
returned;
(3) By posting in a conspicuous place on the
premises or abutting public right-of way; or
(4) In the alternative, insertion of a legal
advertisement at least once a week for the period of
two weeks in a newspaper of general circulation in the
city.
(B) The failure of any person with an interest in
the property to receive any notice served in accordance with this section shall not affect the validity of any
proceedings taken under this chapter.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.025 DETERMINATION OF NUISANCE.
(A) The Code Enforcement Director, or his or
her designee, may determine that any premises within
the city may constitute a public nuisance pursuant to
any provisions of § 8.30.020 and may initiate
abatement proceedings pursuant to this chapter. The
Code Enforcement Director, or the authorized
representative thereof, shall set forth in such
determination in a notice to abate which shall identify the premises and state the conditions which may
constitute the nuisance and shall require that such
conditions be corrected within such time periods set
forth in the notice to abate.
(B) (1) The notice to abate to the owner or
person in control or charge of the property shall
include:
(a) The condition or conditions on the
premises creating the nuisance;
(b) A reasonable time limit to abate the
nuisance; and
(c) The right to appeal.
(2) The notice shall direct the abatement of
the nuisance and refer to this chapter for particulars. (C) The notice shall be served not less than ten
calendar days before the date of the scheduled
abatement. Failure of the owner to accept or otherwise
receive such notice shall not affect the validity of any proceeding pursuant to this chapter.
(D) OWNER, as used in this chapter, shall mean
any person in possession and also any person having
or claiming to have any legal or equitable interest in
said premises, as disclosed by a current title search
from any accredited title company.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.026 ADDITIONAL REQUIREMENTS

FOR DEMOLITION OF BUILDINGS OR
STRUCTURES.
(A) Whenever the Code Enforcement Director,
or designee, intends to abate a public nuisance by
demolition of a building or structure, the city must
comply with the following additional requirements.

Public Nuisances 85
(1) The notice to abate must contain a
statement that the city intends to abate the nuisance
with city personnel or contractors by demolition of a
building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated or
demolished within the compliance deadline set forth in
the notice to abate.
(2) The city shall serve the notice to abate
on all secured lienholders of record with the County
Recorder’s office.
(3) Entry onto any real property to abate a
public nuisance by demolition of a building or
structure must be pursuant to a warrant or other order
issued by a court of competent jurisdiction.
(B) The provisions of this section do not apply in
cases involving summary or emergency abatement
under § 8.30.021.
(Ord. MC-1521, passed 9-18-2019)
§ 8.30.030 APPEAL.
(A) Within ten days from the date of giving
notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk.

Such appeal shall be in writing and shall identify the
property subject to the notice to abate. The City Clerk shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such
matters.
(B) Notice of the date of hearing shall be given
in writing. The date of the hearing shall be no sooner
than 15 days from the date when notice of the hearing
is given to the appellant and to the Code Enforcement
Division.
(C) At the time fixed in the notice, the
administrative hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance.
(D) At the conclusion of the hearing, the hearing
officer shall determine whether or not a nuisance
exists, and if the hearing officer so concludes, he or
she may declare the conditions existing to be a
nuisance and direct the person owning the property
upon which the nuisance exists to abate it within ten
days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may amend time to abate the nuisance, if, in his or her
opinion, there exists good cause for the amendment of
time to abate. If the city is the prevailing party, the hearing officer’s decision shall order the responsible
parties to pay the confirmed nuisance abatement costs
to the city within 30 calendar days, and shall specify
that any confirmed nuisance abatement costs not paid
within 30 calendar days shall become a lien and
special assessment against the property.
(E) The decision of the hearing officer on the
determination of nuisance is final. Any appeal of the
hearing officer’s decision shall be governed by Cal.

Code of Civil Procedure, § 1094.6 or such section as
may be amended from time to time.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.035 TIME LIMIT FOR COMPLIANCE.
(A) The violator must abate the nuisance within
the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding
of the hearing officer or such longer period as may be
determined by the administrative hearing officer.
(B) Unless an emergency situation exists, the
violator shall be given at least ten days to abate the
nuisance.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.040 ABATEMENT BY CITY.

If the nuisance is not abated by the violator within
the time limits set forth in § 8.30.035, the city, by its San Bernardino - Health and Safety86
employees or any hired contractor, may cause the
nuisance to be abated.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.041 REPORT OF ABATEMENT COSTS.
(A) In accordance with this chapter, the city shall
serve upon each responsible party and each interested
party an invoice identifying all nuisance abatement
costs related to a nuisance abatement action.
(B) Any party to whom an invoice has been
issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city.

Payment shall be submitted to the city as specified in
the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special
assessment against the property.
(C) The statement shall be accompanied by a
notice to the owner that the cost of abatement may be
protested as set forth in § 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.042 RECOVERY OF ATTORNEYS’
FEES AND REPORT OF ATTORNEYS’ FEES.
(A) In any action, administrative proceeding or
special proceeding to abate a nuisance, the prevailing
party shall be entitled to recovery of attorneys’ fees.

The recovery of attorneys’ fees by the prevailing party shall be limited to those individual actions or
proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery
of its own attorneys’ fees.
(B) In no action, administrative proceeding or
special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable
attorneys’ fees incurred by the city in the action or
proceeding. The City Attorney’s office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.043 TREBLE DAMAGES.

Upon entry of a second or subsequent civil or
criminal judgment within a two-year period finding
that an owner of property is responsible for a condition that may be abated in accordance with this chapter,
except for conditions abated pursuant to the Cal.

Health and Safety Code, § 17980, related to
substandard buildings, the court may order the owner
to pay treble the costs of the abatement.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.045 HEARING ON NUISANCE
ABATEMENT COSTS.
(A) (1) Any responsible party or interested
party to whom an invoice has been issued may, within
15 calendar days from the date of the invoice, request
a hearing to protest the cost of abatement by filing a
written request for a hearing on the abatement costs
with the City Clerk.
(2) The request for hearing must contain the
following information:
(a) The requestor’s full legal name;
(b) The requestor’s mailing address
and telephone number;
(c) The amount of nuisance abatement
costs disputed; and
(d) The specific legal and factual
grounds for all disputes of the invoice and nuisance
abatement costs.
(B) The failure of any party to properly and
timely request a hearing is a waiver of the right to
contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative remedies and a bar
to any further challenge to the city’s invoice and
nuisance abatement costs.
(C) If a hearing is timely and properly requested,
the City Clerk shall cause a hearing to be set before
the hearing officer. The city shall provide notice of the Public Nuisances 87
date, time and location of the hearing to all parties at least ten calendar days before the hearing. At the time fixed for the hearing, the hearing officer shall hold an informal hearing to consider the invoice and protests
or objections raised by the requestor.
(D) At the conclusion of the hearing, or within
five days thereafter, the hearing officer shall issue a decision approving, denying or modifying the amount
of the nuisance abatement costs that the city is entitled to recover.
(E) The decision of the hearing officer shall be
in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be
final. If any cost recovery is upheld, even in part, the city shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the
prevailing parties.
(F) Any appeal of the hearing officer’s decision
shall be governed by Cal. Code of Civil Procedure,
§ 1094.6, or such section as may be amended from
time to time
(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 8.30.050 COUNCIL ACTION.
(A) If the property owner does not pay the cost
of abating the nuisance within 30 calendar days after
the cost becomes final or the hearing officer confirms
the costs of abatement, the cost shall become a special assessment against the real property upon which the
nuisance was abated. The assessment shall continue
until it is paid, together with interest at the legal
maximum rate computed from the date of confirmation
of the statement until payment. The assessment may 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
and sale in case of delinquency as provided for
ordinary municipal taxes.
(B) The City Council shall adopt a resolution
assessing such unpaid costs of abatement as liens upon
the respective parcels of land as they are shown upon
the last available assessment roll.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.055 IMPOSITION OF SPECIAL
ASSESSMENT LIEN AND NOTICE.
(A) The City Clerk shall prepare and file with
the County Auditor a certified copy of the resolution
of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to the preceding
section.
(B) Notice of lien shall be mailed by certified
mail to the property owner, if the property owner’s
identity can be determined from the County Assessor’s
or County Recorder’s records. The notice shall be
given at the time of imposing the assessment and shall
specify that the property may be sold after three it
years by the Tax Collector for unpaid delinquent
assessments. The Tax Collector’s power of sale shall
not be affected by the failure of the property owner to receive notice.
(C) The County Auditor shall enter each
assessment on the county tax roll upon the parcel of
land. The assessment 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 procedure and sale in case of
delinquency as is provided for ordinary municipal
taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to
the special assessment. However, if any real property
to which the cost of abatement relates has been
transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for
value has been created and attaches thereon, prior to
the date on which the first installment of the taxes
would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for
collection. The tax collector’s power of sale shall not be affected by the failure of the property owner to
receive notice.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.056 RECORDING OF NUISANCE
ABATEMENT LIEN.

San Bernardino - Health and Safety88
As an additional remedy, the Code Enforcement
Director may cause a nuisance abatement lien for costs
related to abatements, other than dangerous building
abatements, to be recorded with the County Recorder’s
office, pursuant to the provisions of Cal. Gov’t Code,
§ 38773.1.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.060 COLLECTION OF COSTS AND
ATTORNEYS’ FEES PRIOR TO HEARING.

The city may accept payment of any amount due
at any time prior to the filing of a certified copy of the City Council resolution assessing the abatements costs
with the County Auditor.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.065 ALTERNATIVE REMEDIES.

The procedures established in this chapter shall be
in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to
address violations of this code or applicable state codes and the use of this chapter shall be at the sole
discretion of the city.
(Ord. MC-1418, passed 10-5-2015)
§ 8.30.070 VIOLATION - PENALTY.
(A) The owner or other person having charge or
control of any such buildings or premises who
maintains any public nuisance defined in this chapter
or who violates an order of abatement made pursuant
to § 8.30.030 is guilty of a misdemeanor.
(B) Any occupant or lessee in possession of any
building or structure contrary to an order given as
provided in this chapter is guilty of a misdemeanor.
(C) No person shall obstruct, impede or interfere
with any representative of the city or with any
representative of a city department or with any person
who owns or holds any estate or interest in a building
which has been ordered to be vacated, repaired,
rehabilitated or demolished and removed, or with any
person to whom any such building has been lawfully
sold pursuant to the provisions of this code whenever
any such representative of the City Council,
representative of the city, purchaser or person having
any interest or estate in the building is engaged in
vacating, repairing, rehabilitating or demolishing and
removing any such building pursuant to the provisions
of this chapter, or in performing any necessary act
preliminary to or incidental to such work as authorized or directed pursuant to this chapter.
(Ord. MC-1418, passed 10-5-2015)
Public Nuisances 89
San Bernardino - Health and Safety90
CHAPTER 8.33: RESERVED
(Repealed by Ord. MC-807, passed 9-18-1991)
91 San Bernardino - Health and Safety92
CHAPTER 8.35: RESERVED
(Repealed by Ord. MC-1260, passed 12-4-2007)
93 San Bernardino - Health and Safety94
CHAPTER 8.36: ABANDONED VEHICLES
Section

8.36.010 Findings

8.36.020 Definitions

8.36.030 Applicability

8.36.040 Chapter not exclusive

8.36.050 Administration and enforcement

8.36.060 Rights of franchisee to enter
private property

8.36.070 Assessment of administrative
costs

8.36.080 Abatement authority

8.36.090 Ten-day notice required

8.36.100 Public hearing

8.36.110 Hearings to be held before
hearing officer

8.36.120 Reserved

8.36.130 Removal of vehicle to scrapyard

8.36.140 Notice to Department of Motor
Vehicles of removed vehicles

8.36.150 Assessment of charges against
land

8.36.160 Violation - penalty
Statutory reference:

For provisions on the removal of parked and
abandoned vehicles, see Cal. Vehicle Code,
§§ 22650 et seq.
§ 8.36.010 FINDINGS.

In addition to and in accordance with the
determination made and the authority granted by the
state under the Cal. Vehicle Code, §§ 22660 through
22664 to remove abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof as public
nuisances, the Mayor and Common
City Council make
the following findings and declarations: the
accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof on
private or public property, not including highways, is
found to create a condition tending to reduce the value of private property; to promote blight and
deterioration; to invite plundering; to create fire
hazards; to constitute an attractive nuisance creating a hazard to the health and safety of minors; to create a
harborage for rodents and insects; and to be injurious
to the health, safety and general welfare. Therefore,
the presence of an abandoned, wrecked, dismantled or
inoperative vehicle or part thereof on private or public property, not including highways, except as expressly
hereinafter permitted, is a public nuisance which may
be abated as such in accordance with the provisions of
this chapter.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977)
§ 8.36.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

HIGHWAY. A way or place of whatever nature,
publicly maintained and open to the use of the public
for purposes of vehicular travel. HIGHWAY includes
street.

OWNER OF THE LAND. The owner of the land
on which the vehicle, or parts thereof, is located, as
shown on the last equalized assessment roll.

OWNER OF THE VEHICLE. The last registered
owner and legal owner of record.

PUBLIC PROPERTY. Does not include
HIGHWAY.

VEHICLE. A device by which any person or
property may be propelled, moved or drawn upon a
highway except a device moved by human power or
95 San Bernardino - Health and Safety96
used exclusively upon stationary rails or tracks.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977)
§ 8.36.030 APPLICABILITY.

This chapter shall not apply to:
(A) A vehicle or a part thereof which is
completely enclosed within a building, in a lawful
manner where it is not visible from the street or other public or private property; or
(B) A vehicle or part thereof which is stored or
parked in a lawful manner on private property in
connection with the business of a licensed dismantler,
licensed vehicle dealer or a junkyard. This exception
shall not, however, authorize the maintenance of a
public or private nuisance, as defined under provisions of law.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977; Ord. MC-153, passed 4-20-1982; Ord.

MC-636, passed 9-7-1988)
§ 8.36.040 CHAPTER NOT EXCLUSIVE.

This chapter is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative
vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and
ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having
jurisdiction.
(Ord. 2969, passed 1-21-1969)
§ 8.36.050 ADMINISTRATION AND
ENFORCEMENT.

Except as otherwise provided in this chapter, the
provisions of this chapter shall be administered and
enforced by the Code Compliance Director, or his or
her representatives, except that the removal of
vehicle(s) or parts(s) thereof from property may be by
any other duly authorized person. Any such authorized
person may enter upon private property for the
purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle and remove, or cause the removal of, a
vehicle part thereof declared to be a nuisance pursuant to this chapter.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977; Ord. MC-498, passed 2-18-1986; Ord.

MC-645, passed 12-7-1988; Ord. MC-1069, passed
4-18-2000)
§ 8.36.060 RIGHTS OF FRANCHISEE TO
ENTER PRIVATE PROPERTY.

When the Mayor and Common
City Council have
contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to
enter upon private property or public property to
remove, or cause the removal of, a vehicle or parts
thereof declared to be a nuisance pursuant to this
chapter.
(Ord. 2969, passed 1-21-1969)
§ 8.36.070 ASSESSMENT OF
ADMINISTRATIVE COSTS.

The Mayor and Common
City Council shall, from
time to time, determine and fix an amount to be
assessed as administrative fees under this chapter
including fees for response to demands for information
regarding liens imposed hereunder.
(Ord. 2969, passed 1-21-1969; Ord. MC-1307, passed
6-2-2009)
§ 8.36.080 ABATEMENT AUTHORITY.

Upon discovering the existence of an abandoned,
wrecked, dismantled or inoperative vehicle, or parts
thereof, on private property or public property within
the city, the Superintendent of Public Buildings, or his or her representatives, under the supervision of the
department head, shall have the authority to cause the
abatement and removal thereof in accordance with the
procedure prescribed in this chapter.
(Ord. 2969, passed 1-21-1969; Ord. 3419, passed
4-19-1974; Ord. MC-498, passed 2-18-1986; Ord.

MC-645, passed 12-7-1988)
Abandoned Vehicles 97
§ 8.36.090 TEN-DAY NOTICE REQUIRED.

A ten-day notice of intention to abate and remove
the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate
shall be mailed by certified mail or registered mail,
return receipt requested, to the owner of the land, as
shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of
the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine
ownership. All notices must identify the vehicle.

Notices mailed to the owner of land must advise that
failure to comply with the notice may result in
abatement by the city, and costs being assessed against the property. All notices must advise that an aggrieved party may appeal and describe the procedures for
filing an appeal.
(Ord. 2969, passed 1-21-1969; Ord. 3419, passed
4-19-1974; Ord. 3685, passed 11-9-1977; Ord.

MC-498, passed 2-18-1986; Ord. MC-645, passed
12-7-1988; Ord. MC-1521, passed 9-18-2019)
§ 8.36.100 PUBLIC HEARING.
(A) The owner of the vehicle or owner of the
land that is the subject of a ten-day notice issued under this chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94.
(B) The appeal must be filed within ten days
following issuance of the ten-day notice. If such a
request for hearing is not received by the city within
said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to
abate and remove the vehicle or parts thereof as a
public nuisance without holding a public hearing.
(Ord. 2969, passed 1-21-1969; Ord. 3267, passed
5-17-1972; Ord. 3419, passed 4-19-1974; Ord.

MC-498, passed 2-18-1986; Ord. MC-645, passed
12-7-1988; Ord. MC-1070, passed 4-18-2000; Ord.

MC-1521, passed 9-18-2019)
§ 8.36.110 HEARINGS TO BE HELD BEFORE
HEARING OFFICER.
(A) The hearing officer may impose such
conditions and take such other action as the hearing
officer deems appropriate under the circumstances to
carry out the purpose of this chapter. The hearing
officer may delay the time for removal of the vehicle
or part thereof if, in the hearing officer’s opinion, the circumstances justify it. At the conclusion of the
public hearing, the hearing officer may find that a
vehicle or part thereof has been abandoned, wrecked,
dismantled or is inoperative on private or public
property, and may order the same removed from the
property as a public nuisance and disposed of as
hereinafter provided, and may determine the
administrative costs and the cost of removal to be
charged against the owner of the parcel of land on
which the vehicle or part thereof is located. The order requiring removal shall include a description of the
vehicle or part thereof and the correct identification
number and license number of the vehicle if available
at the site.
(B) If it is determined at the hearing that the
vehicle was placed on the land without the consent of
the land owner and that he or she has not subsequently
acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located
or otherwise attempt to co llect such costs from such
landowner.
(C) The decision of the hearing officer in an
appeal under Chapter 9.94 is final.
(Ord. 2969, passed 1-21-1969; Ord. 3419, passed
4-19-1974; Ord. MC-645, passed 12-7-1988; Ord.

MC-1521, passed 9-18-2019)
§ 8.36.120 RESERVED.
[Reserved]
(Ord. 2969, passed 1-21-1969; Ord. 3419, passed
4-19-1974; Ord. MC-410, passed 9-18-1984; Ord.

MC-645, passed 12-7-1988; Ord. MC-742, passed
9-17-1990; Ord. MC-1071, passed 4-18-2000; Ord.

MC-1521, passed 9-18-2019)
§ 8.36.130 REMOVAL OF VEHICLE TO
SCRAPYARD.

San Bernardino - Health and Safety98
Five days after adoption of the order declaring the
vehicle or part thereof to be a public nuisance, five
days from the date of mailing of notice of the decision if such notice is required by § 8.36.110 or 15 days
after such action of the governing body authorizing
removal following appeal, the vehicle or part thereof
may be disposed of by removal to a scrapyard or
automobile dismantler’s yard. After a vehicle has been
removed, it shall not thereafter be reconstructed or
made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical
vehicle license plates, pursuant to Cal. Vehicle Code,
§ 5004, in which case, the vehicle may be
reconstructed or made operable.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977)
§ 8.36.140 NOTICE TO DEPARTMENT OF

MOTOR VEHICLES OF REMOVED
VEHICLES.

Within five days after the date of removal of the
vehicle or part thereof, notice shall be given to the
Department of Motor Vehicles identifying the vehicle
or part thereof removed. At the same time there shall
be transmitted to the Department of Motor Vehicles
any evidence of registration available, including, but
not limited to, the registration card, certificates of
ownership or license plates.
(Ord. 2969, passed 1-21-1969; Ord. 3685, passed
11-9-1977)
§ 8.36.150 ASSESSMENT OF CHARGES
AGAINST LAND.

If the administrative costs and the cost of removal
which are charged against the owner of a parcel of
land pursuant to § 8.36.110 are not paid within 30
days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed
against the parcel of land pursuant to the Cal. Gov’t
Code, § 38773.5 and shall be transmitted to the
County Auditor for collection. The assessment shall
have the same priority as other city taxes.
(Ord. 2969, passed 1-21-1969)
§ 8.36.160 VIOLATION - PENALTY.

Any person, partnership, firm or corporation
whether as principal, agent, employee or otherwise
violating any provision of this chapter is guilty of an infraction which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. MC-584, passed 2-17-1987)
Abandoned Vehicles 99
San Bernardino - Health and Safety100
CHAPTER 8.38: SIGNS ON VACANT PROPERTIES
Section

8.38.010 Signs

8.38.020 Signs on unimproved or
abandoned property

8.38.030 Violation; removal

8.38.040 Violation - penalty
§ 8.38.010 SIGNS.

Any sign, as defined in § 19.60.020, placed after
the effective date of this chapter, on any unimproved
or abandoned property within the city limits, shall
display the name, address and telephone number of the
person, firm or corporation responsible for placing the sign.
(Ord. MC-757, passed 11-21-1990)
§ 8.38.020 SIGNS ON UNIMPROVED OR
ABANDONED PROPERTY.

No sign, as defined in § 19.60.020, may be
placed or maintained on any unimproved or abandoned
property after the effective date of this chapter, when such property is in violation of Chapters 8.18, 8.24,

8.27, 8.30, 8.33 or 8.36.
(Ord. MC-757, passed 11-21-1990; Ord. MC-1418,
passed 10-5-2015)
Editor’s note:

Ord. MC-1418, passed 10-5-2015 repealed/
deleted Ch. 8.27 and stated that any remaining
provisions of the municipal code that reference
it should now be deemed to instead reference
Ch. 8.30, which it also amended.
§ 8.38.030 VIOLATION; REMOVAL.

Violation of § 8.38.020 shall allow the city to
remove said sign at the cost of the person, firm or
corporation responsible for the sign, after giving 72
hours telephone notice to said person, firm or
corporation.
(Ord. MC-757, passed 11-21-1990)
§ 8.38.040 VIOLATION - PENALTY.

Any person, firm or corporation who violates
§ 8.38.020 is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010, in addition to any other
civil or administrative remedies provided by law.
(Ord. MC-757, passed 11-21-1990)
101
San Bernardino - Health and Safety102
CHAPTER 8.39: SEIZURE AND FORFEITURE OF NUISANCE VEHICLES Section

8.39.010 Findings, purpose and intent

8.39.020 Nuisance vehicles

8.39.030 Right, title and interest in vehicle

8.39.040 Process

8.39.050 Receipts

8.39.060 Evidence

8.39.070 Forfeiture

8.39.080 Innocent parties; return of
vehicle

8.39.090 Interest claim

8.39.100 Alternative settlement procedures

8.39.110 Sale of vehicles

8.39.120 Non-exclusive remedy

8.39.130 Severability
§ 8.39.010 FINDINGS, PURPOSE AND
INTENT.

The Mayor and Common
City Council has
determined that persons who operate vehicles and use
them to illegally deposit, discard, dump and/or place
garbage, rubbish, recyclable discards and/or green
waste; bring decay; and cause nuisances to local
neighborhoods where they so deposit, discard, dump
and/or place such matter. The Mayor and
Common
City Council has further determined that
seizing the vehicles of persons who so illegally
deposit, discard, dump and/or place such garbage,
rubbish, recyclable discards and/or green waste in the
city will deter said nuisances from occurring if their
vehicles are subject to seizure and forfeiture. The
Mayor and Common
City Council finds that there is a
need to provide for the abatement of such nuisance
vehicles.
§ 8.39.020 NUISANCE VEHICLES.
(A) Any vehicle used to illegally deposit,
discard, dump and/or place garbage, rubbish,
recyclable discards or green waste in violation of
§ 8.24.070(C) is declared a nuisance vehicle, and the
vehicle shall be subject to seizure and forfeiture as
provided in this chapter. GARBAGE, RUBBISH,
RECYCLABLE DISCARDS and GREEN WASTE
shall be defined as set forth in § 8.24.060. Any
person, whether as principal or agent, clerk or
employee, either for himself or herself or any other
person, or for any body corporate, or as an officer or
agent for a corporation, or otherwise, who owns,
leases, possesses, conducts, uses or maintains any
vehicle (hereinafter referred to as “vehicle”), used for any of the purposes or acts set forth in this section, is guilty of a nuisance.
(B) In the event that any provision of this
chapter, or any part thereof, or any application thereof to any person or circumstance, is, for any reason, held to be unconstitutional or otherwise invalid or
ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the
validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied
to any other person or circumstance. It is declared to
be the legislative intent of the city that this chapter would have been adopted had such unconstitutional,
invalid or ineffective provision not been included
herein.
(Ord. MC-1235, passed 10-3-2006)
§ 8.39.030 RIGHT, TITLE AND INTEREST IN
VEHICLE.

All right, title and interest in any vehicle
103
San Bernardino - Health and Safety104
described in § 8.39.020 shall vest in the city upon
commission of the act giving rise to the nuisance under this chapter.
§ 8.39.040 PROCESS.
(A) Vehicles subject to forfeiture under this
chapter may be seized by any peace officer upon
process issued by any court having jurisdiction over
the vehicle.
(B) (1) Under this chapter, seizure without
process may be made if any of the following situations
exist:
(a) The seizure is incident to an arrest
or a search pursuant to a search warrant; or
(b) There is probable cause to believe
that the vehicle was used in violation of this chapter. (2) All seized vehicles shall be towed
pursuant to this section.
§ 8.39.050 RECEIPTS.

Receipts for vehicles seized pursuant to this
chapter shall be delivered to any person arrested out of whose possession such vehicle was seized, in
accordance with Cal. Penal Code, § 1412.
§ 8.39.060 EVIDENCE.

Property seized pursuant to § 8.39.040, where
appropriate, may be held for evidence. The City
Attorney shall institute and maintain the proceedings
pursuant to § 8.39.070.
§ 8.39.070 FORFEITURE.
(A) Except as provided in division (H) below or
§ 8.39.100, if the City Attorney determines that the
factual circumstances warrant that the vehicle
described in § 8.39.020 is subject for forfeiture, the
City Attorney shall file a petition for forfeiture with the Superior Court of the county.
(B) A petition for forfeiture under this section
shall be filed as soon as practicable, but in any case
within six months of the seizure of the vehicle which
is subject to forfeiture.
(C) Within 30 days from the seizure, the City
Attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as notice
stating that any interested party may file a verified
claim with the Superior Court in the county, to be
served by personal delivery or by registered mail upon
any person who has an interest in the vehicle.

Whenever a notice is delivered pursuant to this
section, it shall be accompanied by a claim form as
described in § 8.39.090 and directions for the filing
and service of a claim. Notice shall also be published
once in a newspaper of general circulation in the
county.
(2) The City Attorney shall provide notice
of the proceedings under this section, including the
following information:
(a) A description of the vehicle;
(b) The date and place of seizure;
(c) The violation of law alleged with
respect to forfeiture of the property; and
(d) The instruction for filing and
serving a claim with the City Attorney pursuant to
§ 8.39.090 and time limits for filing a claim.
(D) An investigation shall be made by the San
BernardinoCity Police Department as to any claimant
to the vehicle whose right, title, interest or lien is of record in the Department of Motor Vehicles or
appropriate federal agency. If the San Bernardino
City
Police Department finds that any person, other than
the registered owner, is the legal owner thereof, and
such ownership did not arise subsequent to the date
and time of arrest or notification of the forfeiture
proceedings or seizure of the vehicle, it shall
immediately send a notice to the legal owner at his or
her address appearing on the records of the
Department of Motor Vehicles or appropriate federal
Seizure and Forfeiture of Nuisance Vehicles 105
agency.
(E) All notices shall set forth the time within
which a claim of interest in the vehicle seized or
subject to forfeiture is required to be filed pursuant to § 8.39.090.
(F) With respect to a vehicle described in
§ 8.39.020 for which forfeiture is sought and as to
which forfeiture is contested, the city shall have the
burden of proving by a preponderance of the evidence
that the vehicle was used as set forth in § 8.39.020.

Trial shall be before the court or by jury. The
presiding judge of the Superior Court shall assign the
action brought pursuant to this chapter for trial.
(G) Upon proof by a preponderance of the
evidence that the vehicle was used for any of the
purposes set forth in § 8.39.020, the court shall
declare the vehicle a nuisance and order that the
vehicle be seized, if not previously seized and held by the Police Department, forfeited and sold and the
proceeds distributed in accordance with this chapter.
(H) If no claims are filed, the City Attorney shall
prepare a written declaration of forfeiture of the
vehicle to the court and dispose of the vehicle in
accordance with this chapter. A written declaration of
forfeiture signed by the City Attorney under this
section shall be deemed to provide good and sufficient
title to the forfeited vehicle. The City Attorney shall provide a copy of the declaration of forfeiture to any
person who received notice of the forfeiture
proceedings.
(I) If a claim is timely filed, then the City
Attorney shall file a petition for forfeiture pursuant to this section within 30 days of the receipt of the claim. § 8.39.080 INNOCENT PARTIES; RETURN OF
VEHICLE.

Notwithstanding the provisions of this chapter,
the San Bernardino
City Police Department shall return
a seized vehicle upon the filing of a timely claim
pursuant to § 8.39.090 and upon a showing by the
claimant that:
(A) The vehicle is owned by two or more
persons and there is a community property interest in
the vehicle by a person other than the person who used
or maintained the vehicle to illegally deposit, discard, dump and/or place garbage, rubbish, recyclable
discards and/or green waste, and the vehicle is the sole vehicle available to the person’s immediate family;
(B) The vehicle is owned by the employer of the
person who used or maintained the vehicle for illegally depositing, discarding, dumping and/or placing
garbage, rubbish, recyclable discards and/or green
waste, and the employer files and serves on the City
Attorney a declaration or affidavit under penalty of
perjury that he or she had no knowledge of said illegal activity; or
(C) The vehicle is owned by a rental car agency
with a duly executed contract with the person who
used or maintained the vehicle for illegally depositing, discarding, dumping and/or placing said garbage,
rubbish, recyclable discards and/or green waste.
§ 8.39.090 INTEREST CLAIM.

Any person claiming an interest in a vehicle
seized pursuant to § 8.39.020 must, at any time within
ten days from the date of the notice of seizure, file
with the Superior Court of the State of California,
County of San Bernardino, San Bernardino District, a
claim, verified in accordance with the Cal. Code of
Civil Procedure, § 446, stating his or her interest in
the vehicle. An endorsed copy of the claim shall be
served by the claimant on the City Attorney within ten
days of the filing of the claim.
(A) If a verified claim is filed, the forfeiture
proceeding shall be set for hearing on a day not less
than 30 days therefrom.
(B) The hearing shall be before the court or by
jury.
(C) The provisions of the California Code of
Civil Procedure shall apply to proceedings under this
chapter unless otherwise inconsistent with the
provisions or procedures set forth in this chapter.

However, in proceedings under this chapter, there
San Bernardino - Health and Safety106
shall be no joinder of actions; coordination of actions, except for forfeiture proceedings; or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.
§ 8.39.100 ALTERNATIVE SETTLEMENT
PROCEDURES.
(A) Any person, or his or her servant, agent or
employee, who owns, leases, conducts, uses or
maintains any vehicle for illegally depositing,
discarding, dumping and/or placing garbage, rubbish,
recyclable discards and/or green waste, and whose
vehicle has been seized in accordance with this chapter may request to execute a voluntary settlement
agreement with the city for the return of the vehicle.

However, nothing in this section shall require the city to follow these alternative settlement procedures.
(B) Such request shall be made in writing to the
City Attorney. The minimum amount of the settlement
agreement shall be sufficient to cover all of the city’s reasonable administrative costs, including attorneys’
fees and personnel time for the seizure and forfeiture
action. The costs, salary and expenses of the City
Attorney and members of the City Attorney’s office in
enforcing this chapter on behalf of the city shall be
considered as “attorneys’ fees” for the purposes of this section. The executed settlement agreement shall be
accompanied by the appropriate settlement fee amount
in the form of a money order, cash or cashier’s check.

All settlement funds shall be distributed as set forth in § 8.39.110(B) and (C).
§ 8.39.110 SALE OF VEHICLES.

In all cases where a vehicle seized pursuant to this
chapter is forfeited to the city, the vehicle shall be sold by the Police Department, its agent or designee, and
the proceeds of the sale shall be distributed and
appropriated as follows:
(A) To the bona fide or innocent purchaser,
conditional vendor, mortgagee or lien holder of the
vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or City Attorney
declaring the forfeiture and sale of the vehicle orders a distribution to that person;
(B) To the city for all expenditures made or
incurred by it in connection with the publication of the notices set forth in this chapter, and sale of the
vehicle, including expenditures for any necessary
repairs, storage or transportation of any vehicle seized under this chapter;
(C) The remaining funds shall be placed in the
General Fund of the city, subject to appropriate
accounting controls and financial audits for all deposits and expenditures; and
(D) All the funds placed in the General Fund,
pursuant to this chapter, shall not supplant any funds
that would, in the absence of this chapter, be made
available to support the law enforcement and
prosecutorial efforts of the Police Department or the
City Attorney’s office.
§ 8.39.120 NON-EXCLUSIVE REMEDY.

This chapter is not the exclusive regulation or
penalty for the illegal depositing, discarding, dumping and/or placing of garbage, rubbish, recyclable discards and/or green waste. Nothing in this chapter shall be
deemed to prevent the City Attorney from
commencing a civil action to abate a nuisance in
addition to, alternatively to or in conjunction with the proceeding 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 other ordinance, statute or state law.
§ 8.39.130 SEVERABILITY.

If any provision of this chapter is determined by
any court of competent jurisdiction, or by any federal
or state agency having jurisdiction over its subject
matter, to be invalid and in conflict with any
paramount federal or state law or regulation now or
hereafter in effect, or is determined by that court or
agency to require modification in order to conform to
the requirements of that paramount law or regulation,
Seizure and Forfeiture of Nuisance Vehicles 107
then that provision will be deemed a separate, distinct and independent part of this chapter, and such
determination will not affect the validity and
enforceability of any other provisions. If that
paramount federal or state law or regulation is
subsequently repealed or amended so that the provision
of this chapter determined to be invalid or subject to
modification is no longer in conflict with that law or
regulation, then that provision will again become
effective and will thereafter be binding.
(Ord. MC-1177, passed 8-17-2004)
San Bernardino - Health and Safety108
CHAPTER 8.42: RESERVED
(Repealed by Ord. MC-613, passed 12-21-1987)
109
San Bernardino - Health and Safety110
CHAPTER 8.45: RESERVED
(Repealed by Ord. MC-613, passed 12-21-1987)
111
San Bernardino - Health and Safety112
CHAPTER 8.48: HOTELS AND LODGING HOUSES
Section

8.48.010 Register required

8.48.020 Registration of guests required

8.48.030 Violation - penalty
§ 8.48.010 REGISTER REQUIRED.

Every hotel and lodging house keeper shall, at all
times, keep a register in which the name of each
lodger or person renting or occupying a room shall be
entered, together with the address of such person. The
register shall be open, at all times, to the inspection of the police and to all authorized officials of the city. (Ord. 442, passed
8-15-10)
§ 8.48.020 REGISTRATION OF GUESTS
REQUIRED.

It is unlawful for any hotel keeper or lodging
house keeper to rent any room to any person, or
allowing or permitting any person to occupy any
room, except such person so renting or occupying such
room shall first register his or her name and address in the register kept for that purpose.
(Ord. 442, passed
8-15-10)
§ 8.48.030 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 442, passed
8-15-10; Ord. MC-460, passed
5-15-1985)
113
San Bernardino - Health and Safety114
CHAPTER 8.50: VENEREAL DISEASES
Section

8.50.010 Control of venereal diseases

8.50.020 Administration

8.50.030 Rules and regulations

8.50.040 Violation - penalty

8.50.050 Validity

8.50.060 Supplementation of state law
§ 8.50.010 CONTROL OF VENEREAL
DISEASES.
(A) In order to supplement state legislation and
to control the spread of infectious venereal disease in the city, pursuant to Cal. Health and Safety Code,
§ 3194, certain arrested persons reasonably believed to be infected with an infectious venereal disease and
certain other persons not arrested but reasonably
believed to be so infected may be ordered to report to
the County Department of Public Health or to a
physician and undergo examination and testing for
infectious venereal disease, and to provide evidence to the city of having had such examination and testing.
(B) When, in the judgment of an authorized
individual, it is necessary to protect the public health, a person in either of the following categories may be
reasonably believed to have an infectious venereal
disease:
(1) (a) Any person who is arrested for an
offense in the nature of solicitation or prostitution of the type punishable under Cal. Penal Code, § 647:

1. For solicitation in prostitution
related cases; or

2. For prostitution.
(b) Any person who is convicted of
any such offense.
(2) Any person who, within the past 12
months, has had any such infectious venereal disease,
or has been convicted of any offense of the kind herein specified within 12 months past and who fails to
present satisfactory evidence of examination and
testing for infectious venereal disease, and who is
reasonably believed to be engaged in any activity in
the nature of prostitution or solicitation.
(C) A person in the foregoing categories who is
reasonably believed to have an infectious venereal
disease may be ordered in writing by the County
Director of the Department of Public Health
(hereinafter referred to as “health officer”), his or her authorized deputy or any city employee designated by
the Mayor and approved by the health officer, to
report to either his or her own physician, the County
Department of Public Health or an authorized
physician retained by the city, if any, at that person’s option, and to be examined and tested for the purpose
of determining whether such person is, in fact,
infected with an infectious venereal disease. Each such person shall submit to such examination and testing as
are necessary and are authorized by law and shall
permit specimens to be taken for laboratory analysis.

The provisions hereof are for health purposes and shall not be utilized as, or construed to be, a penalty or
punishment.
(D) If any such person is found to have an
infectious venereal disease of a type which is amenable to treatment, he or she shall be referred for such
treatment as is consented to or is otherwise authorized by law. If such disease is not amenable to treatment,
such person shall be referred for counseling under
rules of the health officer.
(E) Examination and testing shall occur not later
than ten days after the arrest, service of an order to be examined for infectious venereal disease or release
115
San Bernardino - Health and Safety116
from custody, whichever last occurs. Within ten days
after such examination and testing, each person
ordered to be examined for infectious venereal disease
shall obtain a medical report setting forth the results of examination and testing for infectious venereal disease and shall deliver or transmit the report to the health
officer and, additionally, shall provide evidence of
having had such examination and testing to the city or
county issuing the order, which evidence shall not be
publicly disclosed pursuant to Cal. Gov’t Code,
§§ 6254(c), (k) or 6255
7927.700, 7927.705, 7922.000
or 7922.540(a) or other law.
(Ord. MC-209, passed 9-20-1982)
Editor’s note:

Medical records may be exempt under Cal. Gov’t
Code, § 7927.700 (2023) (formerly Cal. Gov’t
Code, § 6254(c)) and various other statutes that
do not require disclosure of personnel, medical
or similar files which would constitute an
unwarranted invasion of personal privacy.
§ 8.50.020 ADMINISTRATION.

The health officer, his or her authorized deputy
and any city employee designated by the Mayor and
approved by the health officer under § 8.50.010(C) are
authorized and empowered to implement the purposes
of § 8.50.010 by personally serving, upon any person
reasonably believed to have an infectious venereal
disease, an order for examination and testing incident
to an arrest or notice to appear for the charge of
prostitution or solicitation of the type punishable under Cal. Penal Code, § 647(a) or (b), or incident to other
activity as set forth in § 8.50.010(B)(1) or (B)(2).
(Ord. MC-209, passed 9-20-1982)
§ 8.50.030 RULES AND REGULATIONS.

The health officer may adopt, amend and rescind
rules and regulations to carry out the purposes and
provisions of this chapter and to govern administrative procedures hereunder. These rules and regulations
shall be consistent with this chapter and other
applicable law.
(Ord. MC-209, passed 9-20-1982)
§ 8.50.040 VIOLATION - PENALTY.

Any person having been served with an order to
present himself or herself for examination and testing
for infectious venereal disease who fails to present
himself or herself for such examination and testing in
the manner and within the time specified, or who
violates any other order issued pursuant to § 8.50.010, or any other provision of this chapter, is guilty of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. MC-209, passed 9-20-1982; Ord. MC-460,
passed 5-15-1985)
§ 8.50.050 VALIDITY.

If any section, division, sentence, clause or
phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of a court of competent jurisdiction or conflicts with any state law
or regulation, such decision or such conflict shall not affect the validity of the remaining portions of the
ordinance. The Council declares that it would have
passed this chapter and each section, division,
sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, division, clauses or phrases thereof be declared invalid or unconstitutional or might conflict with any state law or regulation.
(Ord. MC-209, passed 9-20-1982)
§ 8.50.060 SUPPLEMENTATION OF STATE
LAW.

This chapter is enacted with the intention of
supplementing provisions of the California Health and
Safety Code and California Administrative Code
Venereal Diseases 117
concerning the control of venereal disease by local
health officers and any provision hereof which might
conflict with such state c odes shall be interpreted to comply with and as subordinate to such state codes.

The provisions hereof have been enacted after
consultation with and the approval of the County
Director of Public Health. The need of, and rational
basis for, this chapter have been established and based upon statistical evidence provided by the County
Department of Public Health and deductions
therefrom, studies and programs in Colorado Springs
and Denver, Colorado, and elsewhere, and the
successful results of a similar experimental program in operation since 1976 under the jurisdiction of the
Department of Public Health of the County of
Monterey with the active assistance of the State
Department of Health Services.
(Ord. MC-209, passed 9-20-1982)
San Bernardino - Health and Safety118
CHAPTER 8.51: MUFFLERS
Section

8.51.010 Muffler required

8.51.020 Violation - penalty
§ 8.51.010 MUFFLER REQUIRED.

It shall be unlawful for any person, firm or
corporation to use, run or operate any stationary
engine driven by means of internal combustion of
gases therein within the city without placing upon the
exhaust thereof a muffler or other device so as to
silence the noise or report caused by the escaping of
such gases from and through such exhaust.
(Ord. 465, passed
9-5-11)
§ 8.51.020 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 465, passed
9-5-11; Ord. MC-460, passed
5-15-1985)
119
San Bernardino - Health and Safety120
CHAPTER 8.54: NOISE CONTROL
Section

8.54.010 Purpose and intent

8.54.020 Prohibited acts

8.54.030 Issuance of written notice and
impoundment

8.54.040 Cost recovery for second
response

8.54.050 Controlled hours of operation

8.54.060 Exemptions

8.54.070 Disturbances from construction
activity

8.54.080 Violation - penalty

8.54.090 Severability
§ 8.54.010 PURPOSE AND INTENT.
(A) It is the purpose and intent of these
regulations to establish communitywide noise
standards. It is further the purpose of these regulations to recognize that the existence of excessive noise
within the city is a condition which is detrimental to
the health, safety, welfare and quality of life of the
citizens and shall be regulated in the public interest. (B) In furtherance of the foregoing purpose, it is
found and declared as follows:
(1) The making, creation or maintenance of
such loud, unnecessary, unnatural or unusual noises
that are prolonged, unusual, annoying, disturbing and
unnatural in their time, place and use are a detriment
to public health, comfort, convenience, safety, general welfare and the peace and quiet of the city and its
inhabitants; and
(2) The public interest and necessity of the
provisions and prohibitions hereinafter contained and
enacted is declared as a matter of legislative
determination and public policy, and it is further
declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of,
and for the purpose of, securing and promoting the
public health, comfort, convenience, safety, general
welfare and property, and the peace and quiet of the
city and its inhabitants.
(Ord. MC-1246, passed 5-23-2007; Ord. 1925, passed
11-6-1951)
§ 8.54.020 PROHIBITED ACTS.

It shall be unlawful for any person to engage in
the following activities:
(A) Sounding any horn or signal device on any
automobile, motorcycle, bus or other motor vehicle in
any other manner or circumstances or for any other
purpose than required or permitted by the California
Vehicle Code, or other laws, for an unnecessary or
unreasonable period of time;
(B) Racing the engine of any motor vehicle while
the vehicle is not in motion, except when necessary to
do so in the course of repairing, adjusting or testing
the same;
(C) Operating or permitting the use of any motor
vehicle on any public right-of-way or public place or
on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise
abatement device has been modified or changed in a
manner such that the noise emitted by the motor
vehicle is increased above that emitted by the vehicle
as originally manufactured;
(D) Using, operating or permitting to be played,
used or operated any radio receiving set, musical
instrument, phonograph or other sound-amplification
or production equipment for producing or reproducing
sound in such a manner as to disturb the peace, quiet
121
San Bernardino - Health and Safety122
or comfort of neighboring persons, or at any time with
louder volume than is necessary for the convenient
hearing of the person or persons who are in the room,
vehicle or other enclosure in which such machine or
device is operated, and who are voluntary listeners
thereto and that is:
(1) Plainly audible across property
boundaries;
(2) Plainly audible through partitions
common to two residences within a building;
(3) Plainly audible at a distance of 50 feet
in any direction from the source of the music or sound
between the hours of 8:00 a.m. and 10:00 p.m.; or
(4) Plainly audible at a distance of 25 feet
in any direction from the source of the music or sound
between the hours of 10:00 p.m. and 8:00 a.m.
(E) The intentional sounding or permitting the
sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or any motor vehicle burglar
alarm, except for emergency purposes or for testing,
unless such alarm is terminated within 15 minutes of
activation;
(F) Yelling, shouting, whistling or singing in a
loud and boisterous manner on the public streets so as
to disturb the quiet, comfort or repose of persons in
any office, dwelling, hotel or other type of residence
or neighborhood;
(G) The keeping of any animal, fowl or bird
which by causing frequent or long continued noise
disturbs the comfort, quiet or repose of any person or
neighborhood;
(H) The unnecessary or excessive blowing of
whistles, sounding of horns, ringing of bells or use of signaling devices by operators of trains, motor trucks
and other transportation equipment;
(I) The creation of loud and excessive noise in
connection with the loading or unloading of motor
trucks and other vehicles;
(J) The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and
quiet of any considerable number of persons or
neighborhood;
(K) The doing of automobile, automotive body or
fender repair work or other work on metal objects and
metal parts in a residential district so as to cause loud and excessive noise which disturbs the peace, quiet
and repose of any person occupying adjoining or
closely situated property or neighborhood;
(L) The operation or use between the hours of
10:00 p.m. and 8:00 a.m. of any pile driver, steam
shovel, pneumatic hammers, derrick, steam or electric
hoist, power driven saw or any other tool or
apparatus, the use of which is attended by loud and
excessive noise, except with the approval of the city;
(M) Creating excessive noise adjacent to any
school, church, court or library while the same is in
use, or adjacent to any hospital or care facility, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital; provided conspicuous signs are
displayed in such streets indicating the presence of a
school, institution of learning, church, court or
hospital; and
(N) Making or knowingly and unreasonably
permitting to be made any unreasonably loud,
unnecessary or unusual noise that disturbs the comfort, repose, health, peace and quiet, or which causes
discomfort or annoyance to any reasonable person of
normal sensitivity. The characteristics and conditions
that may be considered in determining whether this
section has been violated include, but are not limited
to, the following:
(1) The level of noise;
(2) The level of background noise;
(3) The proximity of the noise to sleeping
facilities;
(4) The nature and zoning of the areas
within which the noise emanates;
(5) The density of the inhabitation of the
Noise Control 123
area within which the noise emanates;
(6) The time of day or night the noise
occurs;
(7) The duration of the noise;
(8) Whether the noise is recurrent,
intermittent or constant; and
(9) Whether the noise is produced by a
commercial or non-commercial activity.
(Ord. MC-1246, passed 5-23-2007; Ord. 2102, passed
4-3-1956; Ord. 1925, passed 11-6-1951)
§ 8.54.030 ISSUANCE OF WRITTEN NOTICE
AND IMPOUNDMENT.
(A) (1) Any officer who encounters a violation
of this section may issue a written notice to the
responsible person demanding immediate abatement of
the violation. The written notice shall inform the
recipient that a second violation of the same provision within a 72-hour period may result in the issuance of
a criminal citation, the imposition of criminal and civil penalties and confiscation and impoundment, as
evidence of the components that are amplifying or
transmitting the prohibited noise.
(2) (a) RESPONSIBLE PERSON means:

1. Any person who owns, leases
or is lawfully in charge of the property or motor
vehicle where the noise violation takes place; or

2. Any person who owns or
controls the source of the noise or violation.
(b) If the RESPONSIBLE PERSON is
a minor, then the parent or guardian who has custody
of the child at the time of the violation shall be the
RESPONSIBLE PERSON who is liable under this
chapter.
(B) Any officer who encounters a second
violation of this chapter within a 72-hour period
following the issuance of a written notice is
empowered to confiscate and impound, as evidence,
any or all of the components amplifying or
transmitting the sound. The immediate confiscation of
a motor vehicle to which a component is attached may
be made if the same may not be removed without
causing harm to the vehicle or component.
(C) Any person claiming legal ownership of the
items confiscated and impounded under this chapter
may request the return of the item by filing a written
request with the Police Department within seven
calendar days of the confiscation. Such requests shall
be processed in accordance with the procedures
adopted by the Department.
(Ord. MC-1246, passed 5-23-2007; Ord. MC-649,
passed 1-4-1989; Ord. 1925, passed 11-6-1951)
§ 8.54.040 COST RECOVERY FOR SECOND
RESPONSE.
(A) Whenever any officer issues a written notice
to a responsible person to discontinue a noise
violation, the responsible person shall be liable for the actual cost of each subsequent response required to
abate the violation within 72 hours of the issuance of
the written warning.
(B) The bill for the response charge shall be
served upon the responsible person within 30 days
after the violation. If the responsible person has no last known business or residence address, the location of
the violation shall be deemed to be the proper address
for service. The bill shall include a notice of the right of the person being charged to request a hearing to
dispute the imposition of the response charge or the
amount of the charge.
(C) The response charge shall be deemed to be
a civil debt to the city.
(Ord. MC-1246, passed 5-23-2007; Ord. MC-460,
passed 5-15-1985; Ord. 1925, passed 11-6-1951)
§ 8.54.050 CONTROLLED HOURS OF
OPERATION.

It shall be unlawful for any person to engage in
the following activities other than between the hours of 8:00 a.m. and 8:00 p.m. in residential zones and other
San Bernardino - Health and Safety124
than between the hours of 7:00 a.m. and 8:00 p.m. in
all other zones:
(A) Operate or permit the use of powered model
vehicles and planes;
(B) Load or unload any vehicle, or operate or
permit the use of dollies, carts, forklifts or other
wheeled equipment that causes any impulsive sound,
raucous or unnecessary noise within 1,000 feet of a
residence;
(C) Operate or permit the use of domestic power
tools, or machinery or any other equipment or tool in
any garage, workshop, house or any other structure;
(D) Operate or permit the use of gasoline or
electric powered leaf blowers, such as commonly used
by gardeners and other persons for cleaning lawns,
yards, driveways, gutters and other property;
(E) Operate or permit the use of privately
operated street/parking lot sweepers or vacuums,
except that emergency work and/or work necessitated
by unusual conditions may be performed with the
written consent of the City Manager;
(F) Operate or permit the use of electrically
operated compressor, fan and other similar devices.
(G) Operate or permit the use of any motor
vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or of any auxiliary equipment attached
to such a vehicle, including, but not limited to,
refrigerated truck compressors for a period longer than 15 minutes in any hour while the vehicle is stationary
and on a public right-of-way or public space except
when movement of said vehicle is restricted by other
traffic; and
(H) Repair, rebuild, reconstruct or dismantle any
motor vehicle or other mechanical equipment or
devices in a manner so as to be plainly audible across
property lines.
(Ord. MC-1246, passed 5-23-2007)
§ 8.54.060 EXEMPTIONS.

The following activities and noise sources shall be
exempt from the provisions of this chapter:
(A) The use of horns, sirens or other signaling or
warning devices by persons vested with legal authority
to use the same, and in pursuit of their lawful duties, such as on ambulances, fire, police or other
governmental or official equipment;
(B) Such noises as are an accompaniment and
effect of a lawful business, commercial or industrial
enterprise carried on in an area zoned for that purpose, except where there is evidence that such noise is a
nuisance and that such a nuisance is a result of the
employment of unnecessary and injurious methods of
operation;
(C) Activities conducted on the grounds of any
public or private school during regular hours of
operation;
(D) Outdoor gatherings, public dances, shows
and sporting and entertainment events provided said
events are authorized by the city;
(E) Activities conducted at public spaces during
regular hours of operation;
(F) Any mechanical devices, apparatus or
equipment used, related to or connected with
emergency machinery, vehicle or work;
(G) Construction, repair or excavation necessary
for the immediate preservation of life or property;
(H) Construction, operation, maintenance and
repairs of equipment, apparatus or facilities of park
and recreation departments, public work projects or
essential public services and facilities, including, but not limited to, trash collection and those of public
utilities subject to the regulatory jurisdiction of the State Public Utilities Commission;
(I) Construction, repair or excavation work
performed pursuant to a valid written agreement with
the city, or any of its political subdivisions, which
provides for noise mitigation measures;
(J) Any activity to the extent that regulation
Noise Control 125
thereof has been preempted by state or federal law;
and
(K) Sounds generated in connection with speech
or communication protected by the U.S. Constitution
or the California Constitution, except to the extent
such sounds are subject to permissible time, place and
manner restrictions.
(Ord. MC-1246, passed 5-23-2007)
§ 8.54.070 DISTURBANCES FROM
CONSTRUCTION ACTIVITY.

No person shall be engaged or employed or cause
any other person to be engaged or employed in any
work of construction, erection, alteration, repair,
addition, movement, demolition or improvement to
any building or structure except within the hours of
7:00 a.m. and 8:00 p.m.
(Ord. MC-1246, passed 5-23-2007)
§ 8.54.080 VIOLATION - PENALTY.

Any person violating any of the provisions of this
chapter is guilty of an infraction or a misdemeanor,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. MC-1246, passed 5-23-2007)
§ 8.54.090 SEVERABILITY.

The provisions of this chapter are severable and,
if any sentence, section or other part of this chapter
should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining
provisions shall continue in full force and effect.
(Ord. MC-1246, passed 5-23-2007)
San Bernardino - Health and Safety126
CHAPTER 8.57: SOUND VEHICLES
Section

8.57.010 Definitions

8.57.020 Exclusions and exceptions

8.57.030 Sound vehicles prohibited in
certain places

8.57.040 Registration required

8.57.050 Filing changes in application

8.57.060 Registration and identification

8.57.070 Regulation for use

8.57.080 Commercial advertising by sound
truck prohibited

8.57.090 Violation - penalty
§ 8.57.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

PERSON. Includes the singular and the plural
and also means and includes any person, firm,
corporation, association, club, partnership, society or any other form of association or organization.

SOUND VEHICLE. Any vehicle which carries
or is equipped with any instrument or device for the
production or reproduction of music, spoken words or
other sounds, or any loudspeaker, or other
sound-amplifying device designed to enlarge the
volume of sound produced by any instrument or by the
human voice, which instrument or device is used, or
intended to be used, for the purpose of advertising or
calling attention to any article, thing or event, or for the purpose of addressing the public or of attracting
the attention of the public, along or upon the public
streets or ways along which such vehicle travels.
(Ord. 2096, passed 2-21-1956)
§ 8.57.020 EXCLUSIONS AND EXCEPTIONS.

The definitions set forth in § 8.57.010 shall not
be deemed to include:
(A) Vehicles used only in a parade conducted
pursuant to a permit issued by the Common
City
Council;
(B) A vehicle equipped with a siren or horn
designed and used for the purpose of warning traffic
because of such equipment or use, nor any vehicle
operated by any governmental agency within the
course of its public functions; and
(C) Persons who are licensed by the city to sell
goods, wares and merchandise from vehicles and
whose vehicles are equipped with sound apparatus
emitting music only; provided the sound of such music
does not exceed 90 decibels measured at a distance of
ten feet from the speaker of the apparatus in that area of the city between Mt. Vernon Avenue and “E”
Street and Marshall Boulevard and the west city limits
thereof and 95 decibels elsewhere in the city.
(Ord. 2096, passed 2-21-1956)
§ 8.57.030 SOUND VEHICLES PROHIBITED
IN CERTAIN PLACES.

It is unlawful for any person to drive, operate,
propel or park any sound vehicle with the
sound-making device, sound-amplifying device or
loudspeaker thereof in use or operation:
127
San Bernardino - Health and Safety128
(A) Within 300 feet of any hospital or school, at
any time;
(B) Upon any public street or way between the
hours of 6:30 p.m. and 9:00 a.m. of the following
day;
(C) Upon any public street or way on any
Sunday;
(D) Upon Arrowhead, “D,” “E” and “F’ Streets
between Second Street and Sixth Street, inclusive,
including both sides of the street;
(E) Upon Third, Court, Fourth, Fifth and
Church Streets between Arrowhead and “F” Streets,
inclusive, including both sides of the street; and
(F) Upon Highland Avenue between Sierra Way
and “I” Street, including both sides of the street.
(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed
5-15-1985)
§ 8.57.040 REGISTRATION REQUIRED.
(A) It is unlawful for any person to use or cause
to be used a sound vehicle with its sound-amplifying
equipment in operation for non-commercial purposes
in the city before filing a registration statement with the City Clerk in writing.
(B) This registration statement shall be filed in
duplicate not less than seven days nor more than 30
days before the date of the proposed use of such
vehicle and shall include the following information:
(1) Name, home address and telephone
number of the applicant;
(2) Business address, telephone number and
nature of applicant’s business or the organization
which he or she represents;
(3) Make of vehicle and license and motor
numbers thereof; and a description of the vehicle to be used;
(4) Name, address and telephone number of
the legal and registered owner of the vehicle;
(5) Name, address and telephone number of
person or persons who will be present and in control
or in direct charge of the vehicle;
(6) Name, address and telephone number of
all persons who will use or operate such vehicle as
driver, speaker or sound operator;
(7) The general purpose, nature and type of
program which will be used;
(8) A general statement as to the route and
section or sections of the city in which the vehicle will be used;
(9) The proposed hours of operation of the
vehicle;
(10) The number and designation of the
days, weeks or months of proposed operation and use
of such vehicles;
(11) A specific description of the
sound-amplifying equipment to be used;
(12) The minimum and maximum
sound-producing power of the sound-amplifying
equipment;
(13) The wattage and voltage capacity of the
sound-amplifying equipment;
(14) The volume range in decibels of the
sound which can be produced by said
sound-amplifying equipment;
(15) The approximate minimum and
maximum distances for which sound may be thrown
from the vehicle;
(16) The address and time where and when
such vehicle may be inspected;
(17) The size and type of sign to be
displayed and a description of its subject; and
(18) Each application shall have attached
Sound Vehicles 129
thereto three photographs of not less than four by five inches in size showing the front, sides and back of the vehicle, with all exterior equipment and signs clearly
visible on said photographs.
(Ord. 2096, passed 2-21-1956; Ord. 3300, passed
10-24-1972; Ord. MC-460, passed 5-15-1985)
§ 8.57.050 FILING CHANGES IN
APPLICATION.

Upon any change in the information as to any
matter set forth in the application, the applicant shall, within 48 hours after such change, file an amended
application. An amended application filed within five
days before the proposed using date shall automatically postpone the using date for an additional 30 days.
(Ord. 2096, passed 2-21-1956)
§ 8.57.060 REGISTRATION AND
IDENTIFICATION.

The City Clerk shall return to each applicant
under § 8.57.040 one copy of the registration
statement duly certified by the City Clerk as a correct copy of the application. The certified copy of the
application shall be in the possession of any person
operating the sound vehicle at all times while the
sound vehicle’s sound-amplifying equipment is in
operation, and the copy shall be promptly displayed
and shown to any police officer of the city upon
request.
(Ord. 2096, passed 2-21-1956)
§ 8.57.070 REGULATION FOR USE.

Non-commercial use of sound vehicles with
sound-amplifying equipment in operation in the city
shall be subject to the following regulations.
(A) The only sounds permitted are music or
human speech.
(B) Operation is permitted for a period of four
hours each day except Sundays when no operation
shall be permitted.
(C) The permitted hours of operation shall be
between the hours of 11:30 a.m. and 1:30 p.m. and
between the hours of 4:30 p.m. and 6:30 p.m.
(D) Sound-amplifying equipment shall not be
operated unless the vehicle upon which equipment is
mounted, or from which sound is emitted, is operated
and propelled at a speed of at least 15 mph, except
when the vehicle is stopped or impeded by traffic.

When stopped by traffic or otherwise impeded, the
sound-amplifying equipment shall not be operated for
a period longer than one minute at each stop and the
sound-amplifying equipment shall not again be
operated until the vehicle has progressed 300 feet from each of such stopping places.
(E) Sound-amplifying equipment shall not be
operated or sound emitted therefrom within 300 feet of
hospitals, schools, churches or courthouses.
(F) The human speech or recorded voice
amplified shall not be profane, lewd, indecent,
offensive or slanderous, and the words used shall not
be such as to incite riot, unlawfulness, breaches of the peace or force or violence.
(G) The volume of sound shall be controlled so
that it will not be audible for a distance in excess of 300 feet from the sound vehicle in any direction.
(H) No sound-amplifying equipment shall be
operated in excess of 15 watts of power in the last
stages of amplification.
(I) The vehicle shall, at all times, be operated so
as not to interfere with the normal movement of traffic of vehicles and pedestrians, and shall be stopped both
in movement and operation of sound-amplifying
equipment upon the approach of authorized emergency
vehicles.
(J) The movement of such vehicles shall, at all
times, comply with the provisions of the California
Vehicle Code and this code relating to traffic
regulations.
(K) A statement that applicant, if granted a
permit, will not permit, suffer or allow the use and
operation of the vehicle in any manner other than as
San Bernardino - Health and Safety130
set forth in the application, or the use of any other
equipment apparatus or device other than as described
and referred to in the application.
(L) The vehicle with sound-amplifying
equipment shall not be operated within 300 feet of any
hall, auditorium, coliseum or other place wherein a
meeting or other public event is in progress and more
than 100 persons are in attendance.
(Ord. 2096, passed 2-21-1956)
§ 8.57.080 COMMERCIAL ADVERTISING BY
SOUND TRUCK PROHIBITED.

It is unlawful for any person to operate, or cause
to be operated, any sound vehicle for commercial
sound advertising purposes in the city with
sound-amplifying equipment in operation.
(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed
5-15-1985)
§ 8.57.090 VIOLATION - PENALTY.

Any person who violates any provision of this
chapter is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 2096, passed 2-21-1956; Ord. MC-460, passed
5-15-1985)
CHAPTER 8.60: FIREWORKS
Section

8.60.010 Location of sales and discharge
of fireworks

8.60.015 Sale of fireworks to minors
prohibited; identification required

8.60.020 License - required

8.60.030 License - application - public
liability insurance

8.60.040 License - notice of granting or
rejection

8.60.050 License - prerequisites to
issuance

8.60.060 Suspension of license - appeal
procedure

8.60.070 Operation of temporary fireworks
stand

8.60.080 Requirements for fireworks
supplier

8.60.090 License tax

8.60.095 Regulatory fee for licensee and
fireworks supplier

8.60.100 Temporary sales tax permit
required

8.60.110 Display of license and sales tax
permit

8.60.120 Permissible locations for
discharge

8.60.130 Prohibitions on sale or discharge

8.60.140 Reserved

8.60.150 Violation - penalty

8.60.155 Reward Fund

8.60.160 Financial reporting

8.60.170 Residential storage of fireworks
Appendix A: Location of Sales and Discharge
of Fireworks
§ 8.60.010 LOCATION OF SALES AND
DISCHARGE OF FIREWORKS.
(A) Safe and sane fireworks, as defined by the
Cal. Health and Safety Code, § 12529, may be sold,
stored, possessed and discharged within the city
subject to the requirements of this chapter, except that such sale, storage, possession or discharge shall not be allowed in the following designated areas. Such areas
are depicted on a map entitled “Location of Sales and
Discharge of Fireworks” on file in the City Clerk’s
office and incorporated herein by reference, a reduced
copy of which is attached to this chapter as Appendix
A.
(B) Such areas are designated as follows:
(1) That area within the city lying north of
a line extending from the west city limits at Highland
Avenue to the east city limits and bounded on the
south side by streets and highways as follows:
commencing from the west city limits at the centerline
of Highland Avenue thence easterly to the intersection
of Highland Avenue and the 210/30 Freeway; thence
easterly following the 210/30 Freeway to the
interchange of Highway 330; thence north-easterly
following Highway 330 to the intersection of Highland
Avenue, east of Boulder; thence easterly from the
intersection of Highland Avenue and Highway 330
along the centerline of Highland Avenue; thence
continuing south-easterly along the centerline of
Highland Avenue and its south-easterly prolongation
to the intersection of the southerly prolongation of the most easterly borderline of the city, as depicted on the previously referenced map on file in the City Clerk’s
office, a reduced copy of which is attached to this
chapter;
(2) That area within the city, whether
contiguous or not, which lies north or northwest of a
line from the west city limits at Highland Avenue, in
a westerly direction on Highland Avenue to the 210
Freeway, and then west on the 210 Freeway to the
I-15 Freeway. That area within the city, whether
131
San Bernardino - Health and Safety132
contiguous or not, which lies north or northeast of the intersection of the I-15 Freeway and the 215 Freeway,
as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is
attached to this chapter;
(3) Inclusive of the area within the city
limits beginning at the intersection of Highland
Avenue and Boulder Avenue, Highland Avenue west
to Victoria Avenue, Victoria Avenue south to Baseline
Street; Baseline Street east to Boulder Avenue,
Boulder Avenue north to Highland Avenue, as
depicted on the previously referenced map on file in
the City Clerk’s office, a reduced copy of which is
attached to this chapter; and
(4) Inclusive of the area beginning at the
intersection of Pacific Street and Del Rosa Avenue,
Pacific Street west to Perris Hill Park Road, Perris
Hill Park Road north to an imaginary line extending
north from Perris Hill Park Road to intersect Highland
Avenue, Highland Avenue east to Del Rosa Avenue,
Del Rosa Avenue south to Pacific Street, as depicted
on the previously referenced map on file in the City
Clerk’s office, a reduced copy of which is attached to
this chapter.
(Ord. 2884, passed 2-6-1968; Ord. MC-219, passed
11-2-1982; Ord. MC-1022, passed 5-19-1998; Ord.

MC-1138, passed 2-19-2003; Ord. MC-1578, passed
5-18-2022)
§ 8.60.015 SALE OF FIREWORKS TO
MINORS PROHIBITED; IDENTIFICATION
REQUIRED.

The sale of fireworks to anyone under the age of
18 is prohibited. A valid form of identification is
required at time of purchase.
(Ord. MC-1022, passed 5-19-1998; Ord. MC-1138,
passed 2-19-2003)
§ 8.60.020 LICENSE - REQUIRED.

Except as provided in this chapter, it is unlawful
for any person, organization, group or association and
the like to offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license from the Department of Finance
and Management Services.
(Ord. 2884, passed 2-6-1968; Ord. MC-460, passed
5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord.

MC-1484, passed 4-18-2018; Ord. MC-1625, passed
2-21-2024)
§ 8.60.030 LICENSE - APPLICATION -
PUBLIC LIABILITY INSURANCE.

All applications for a license to sell fireworks
shall:
(A) Be made in writing and accompanied by the
tax set forth in § 8.60.090, in addition to a
non-refundable fireworks administrative fee of $50, or
such other amount as shall be subsequently set by
resolution of the Mayor and City Council. The fee will
be used to defray the administrative costs of the
fireworks program. Applications shall be made
between March 1 and March 31 of each year, except
when the thirty-first falls on a Saturday, Sunday or
legal holiday, the following business day shall be
determined to be the last day;
(B) Set forth the proposed location of the
fireworks stand applied for. The stands must be on
private property located in Commercial General
(“CG”) or Commercial Regional (“CR”) General Plan
Land Use Districts and the written permission of the
owner of record or lessee must accompany the
application;
(C) Be accompanied by an assurance that if the
license is issued to the applicant, the applicant shall, at the time of receipt of the license, deliver to the
Department of Finance and Management Services a
minimum of $1,000,000 public liability and property
damage insurance policies with riders attached to the
policies designating the city as an additional insured
under this chapter, and a copy of the requisite permit
from the State Fire Marshal;
(D) Include a copy of the applicant’s current
501(c)(3), (4), (5), (6), (8), (10), (19), (20) or 501(d) verification of non-profit status, or demonstrate that it is a non-profit organization, group, association and the like, which is organized primarily for veteran,
Fireworks 133
patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations
or such other public or private school affiliates) or
charitable purposes;
(E) Demonstrate how revenues received would
benefit the citizens of the city by submitting official Board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites,
populations or projects within the city will benefit and for what purposes; and
(F) Have attached a completed financial
statement form that describes anticipated revenues,
expenses and profits. Such form will be provided by
the Department of Finance and Management Services
to each applicant. The information contained in this
form shall furthermore detail how much money will be
provided to the projects mentioned pursuant to division (E) above. No less than 90% of the net profits derived
from the sale of fireworks in the city by the applicant shall be utilized for the direct advancement of the
applicant’s stated non-profit purposes within the city in accordance with division (E) above.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord.

MC-1578, passed 5-18-2022; Ord. MC-1625, passed
2-21-2024)
§ 8.60.040 LICENSE - NOTICE OF
GRANTING OR REJECTION.

Applicants for any such license shall be notified
by the Department of Finance and Management
Services by April 15 of the granting or rejection of
such application for a license. No license shall be
issued if the applicant fails to provide all the
information or fails to meet all the criteria specified in § 8.60.030, or any other provision of this chapter. The decision of the Department of Finance and
Management Services may be appealed to the Mayor
and City Council under the provisions of Chapter

2.64. The decision of the Mayor and City Council
shall be final.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord.

MC-1625, passed 2-21-2024)
§ 8.60.050 LICENSE - PREREQUISITES TO
ISSUANCE.

The following qualifications must be met by each
applicant for a license issued under this chapter.
(A) No license shall be issued to any applicant,
except a non-profit organization, group, association
and the like, organized and operating within the city
limits in conformity with § 8.60.030(D), (E) and (F).
(B) Each such applicant must have its principal
and permanent meeting place in the corporate limits of
the city and must have been organized and established
in the city’s corporate limits for a minimum of one
year continuously preceding the filing of the
application for the license, and must have a bona fide
membership of at least 20 members.
(C) No applicant may receive more than one
license or participate in more than one fireworks stand during any one calendar year. The maximum number
of licenses that may be issued during any one calendar
year shall be 35. All applicants shall be reviewed for
compliance with this chapter. All qualified applicants
who held a license during 2002, whether as an
individual or as part of a joint venture, shall have
priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting
priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City
Clerk.
(D) One license may be issued to two or more
qualified applicants as a joint venture; provided that
the application for the joint venture is submitted prior to the application deadline. Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits,
duties and liabilities under the license.
(E) All qualified applicants who held a license
the immediate previous year, whether as an individual
or as part of a joint venture, shall have priority for the available licenses for the immediate next year.

However, if the total number of qualified applicants
who were licensees or co-licensees from said previous
San Bernardino - Health and Safety134
year exceeds 35 licenses because the membership(s) of
joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were
part of such joint venture( s) shall lose their priority and shall be placed in a lottery drawing for any
remaining available licenses after all other qualified
applicants from the imme diate previous year are
granted licenses. If the total number of qualified
applicants who were licensees or co-licensees from the
immediate previous year does not exceed 35 licenses,
then any remaining licenses shall be determined by
lottery and shall be granted by a drawing supervised
by the Director of Finance and Management Services.

Any prior licensee, the license of which has been
suspended under the provisions of § 8.60.060, shall be
eligible for a new license only upon satisfying the Fire Chief or the Police Chief that suitable arrangements
have been made to preclude future violations.
(Ord. 2884, passed 2-6-1968; Ord. 3236, passed
2-25-1972; Ord. MC-219, passed 11-2-1982; Ord.

MC-1138, passed 2-19-2003; Ord. MC-1484, passed
4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 8.60.060 SUSPENSION OF LICENSE -
APPEAL PROCEDURE.
(A) The Fire Chief, or his or her designee, and
the Police Chief, or his or her designee, shall each be authorized to suspend immediately and without notice
or formal hearing the license of any licensee which
violates any rule, regulation or ordinance while
operating or preparing to operate a fireworks stand
during or immediately preceding any period of sale. If
the Fire Chief, or his or her designee, or the Police
Chief, or his or her designee, establishes that a
violation has occurred too late to suspend the license
during the period of sale, he or she shall have power
to suspend the licensee from future licenses, and to
suspend the priority of the licensee, for any such
violation found to have occurred during or
immediately preceding or immediately following the
authorized period of sale.
(B) The decision of the Fire Chief, or his or her
designee, or the Police Chief, or his or her designee,
to suspend the license of any licensee shall be subject to review by the City Manager. In view of the limited
sales period each year, for suspensions affecting the
sale period, such hearing sh all be held at the earliest possible time that the licensee, the City Manager, or
his or her designee, and the representative of the Fire Chief or Police Chief can schedule such hearing;
provided that in every case, said hearing shall be held within 72 hours of the Fire Chief’s or Police Chief’s
decision. For suspensions after the sale period, the
hearing shall be held within one month after the
request for hearing, which request must be made
within 15 days after notice of the suspension. The City Manager is authorized to set aside the suspension, or
to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the
City Manager may be appealed to the Mayor and City
Council under the provisions of Chapter 2.64. The
decision of the Mayor and City Council shall be final.
(Ord. MC-219, passed 11-2-1982; Ord. MC-1138,
passed 2-19-2003; Ord. MC-1484, passed 4-18-2018)
§ 8.60.070 OPERATION OF TEMPORARY
FIREWORKS STAND.

The license entity, the person(s) who signs the
application for the license and the supervisor or
manager on the license present in charge of each
fireworks stand shall comply and ensure compliance
with the following.
(A) No person, organization, group, association
and the like other than the licensee entity shall be
allowed to operate the stand for which the license is
issued or to otherwise participate in the profits of the operation of such stand.
(B) No person, organization, group, association
and the like other than the individuals who are
members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or
otherwise participate in the sale of fireworks at such
stand.
(C) No consideration shall be paid to any person
for selling or otherwise participating in the sale of
fireworks at such stand.
(D) No person under 18 years of age shall be
permitted in the stand and signage shall be prominently Fireworks 135
displayed in/on the stands stating that no person under 18 years of age shall be permitted in the stand.
(E) No person shall consume alcoholic beverages
within 25 feet of any stand.
(F) An emergency contact telephone number
shall be posted on the exterior and interior surfaces of all exit doors.
(G) All retail sales of safe and sane fireworks
shall be permitted only from within a temporary
fireworks stand, and sales from any other building or
structure is prohibited.
(H) No fireworks stand shall be located within 25
feet of any other building nor within 100 feet of any
gasoline pump.
(I) Fireworks stands need not comply with the
provisions of the Building Code of the city; provided
that all stands shall be erected under the supervision of the Director of the Department of Development
Services, or his or her designee, who shall require that stands be constructed in a manner that will reasonably
ensure the safety of attendants and patrons. In
addition, each stand and its location shall be inspected and approved by the Fire Marshal prior to
commencing storage or sales of fireworks therein.
(J) No stand shall have a floor area in excess of
300 square feet.
(K) Each stand in excess of 24 feet in length
must have at least two exits; and each stand in excess
of 40 feet in length must have at least three exits
spaced approximately equidistant apart; provided,
however, that in no case shall the distance between
exits exceed 24 feet.
(L) Each stand shall be provided with two two
and one-half gallon water pressure type fire
extinguishers, underwriter approved, in good working
order and easily accessible for use in case of fire, at all times during the storage/sales of fireworks.
(M) All weeds and combustible material shall be
cleared from the location of the stand, including a
distance of at least 20 feet surrounding the stand.
(N) “No smoking” signs shall be prominently
displayed on the fireworks stand, and no smoking shall
be permitted within 25 feet of any fireworks stand.
(O) Each stand shall have a person present and
designated as supervisor or manager in charge thereof,
at all times, who is listed on the license, while
fireworks are stored or sold therein. Sleeping or
remaining in the stand after close of business each day is forbidden.
(P) The sale, use, storage or possession of
fireworks shall not begin before 12:00 p.m. on July 1
and shall not continue after midnight on July 4.
(Q) Each stand shall post for public viewing, a
copy of the map identified in § 8.60.010 (“Location of
Sales and Discharge of Fireworks” in Appendix A)
and shall also provide a copy of this map to each
purchaser of fireworks. The costs of copying such
maps shall be borne by the licensee.
(R) All unsold stock and accompanying litter
shall be removed from the location by 5:00 p.m. on
July 5.
(S) The fireworks stand shall be removed from
the temporary location by 12:00 p.m. on July 15, and
all accompanying litter shall be cleared from the
location by said time and date.
(Ord. 2884, passed 2-6-1968; Ord. MC-460, passed
5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord.

MC-1194, passed 4-4-2005; Ord. MC-1578, passed
5-18-2022)
§ 8.60.080 REQUIREMENTS FOR
FIREWORKS SUPPLIER.
(A) Prior to the issuance of a license, each
applicant shall file with the Department of Finance and Management Services a cash deposit, certificate of
deposit or a surety bond posted by the fireworks
supplier and made payable to the city in the amount of
$300, or such other amount as may be subsequently set
by resolution of the Mayor and City Council to ensure
compliance with the provisions of this chapter.

San Bernardino - Health and Safety136
(B) Such deposit or certificate shall be
refundable upon compliance with the provisions and
requirements of this chapter, including, but not limited to, the removal of the stand and the cleaning of the
site.
(C) In the event the fireworks supplier does not
so comply to remove the stand or clean the site in the
manner required by the Department of Community
Development and Housing, the city may do so, or
cause the same to be done by other persons, and the
reasonable cost thereof shall be a charge against the
fireworks supplier and his or her surety and the
deposit, certificate or bond.
(Ord. 2884, passed 2-6-1968; Ord. MC-1027, passed
9-9-1998; Ord. MC-1138, passed 2-19-2003; Ord.

MC-1484, passed 4-18-2018; Ord. MC-1625, passed
2-21-2024)
§ 8.60.090 LICENSE TAX.

As set by Ord. 2884, the license tax for the
selling of fireworks within the city shall be $200 per
year per stand which tax must be paid at the time
application for a stand is filed with the Department of Finance and Management Services.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord.

MC-1625, passed 2-21-2024)
§ 8.60.095 REGULATORY FEE FOR
LICENSEE AND FIREWORKS SUPPLIER.
(A) The city shall assess a regulatory fee based
on the gross sales of fireworks on all fireworks sales
that occur within the city. One-half of the regulatory
fee shall be paid by the licensee and the remaining
one-half shall be paid by the fireworks supplier. The
purpose of the regulatory fee is to raise sufficient
funds for the city to pay for fireworks public education and an awareness campaign about fireworks, and for
enforcing the provisions of this chapter, including
extra personnel time for fire inspection and
enforcement duties.
(B) Prior to imposing the fee, the city shall
prepare a study of the anticipated cost for fireworks
education, awareness and enforcement. After
preparing the study, the Mayor and Common
City
Council shall adopt a resolution setting the regulatory fee rate no later than 7:00 p.m. on July 1 of each year.

The regulatory fee rate shall not exceed 10% of the
total gross sales of the fireworks sold in the city by
licensees during the period set forth in § 8.60.070(P). (C) The Department of Finance and Management
Services, each year, shall determine the amount of the
regulatory fee based on the licensee’s fireworks sales
financial statements. Each licensee shall provide its
fireworks sales financial statement and its fireworks
supplier’s information to the city no later than August 31 for the period set forth in § 8.60.070(P). After the Department of Finance and Management Services
receives the financial statements, the Department of
Finance and Management Services shall invoice each
licensee and each fireworks supplier for its share of
the total annual regulatory fee. Payment of the
regulatory fee by each licensee and each fireworks
supplier shall be due to the city 30 days following the issuance of the invoice.
(D) Failure by any licensee or fireworks supplier
to pay the amount invoiced by the City Department of
Finance and Management Services shall be cause to
disqualify the licensee from obtaining a license to sell fireworks and disqualify the fireworks supplier from
providing its products for sale in the city in the future.

In the event that the regulatory fee is not paid by the due date, it shall be subject to a 10% penalty for each month or portion of a month that it is overdue. If not
paid by the due date, the amount becomes a debt owed
to the city subject to collection by any legal means
available.
(E) Any person who violates or causes violation
of any provision of this section shall be deemed guilty of an infraction or a misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. MC-1194, passed 4-4-2005; Ord. MC-1308,
passed 6-16-2009; Ord. MC-1390, passed 7-1-2013;
Ord. MC-1625, passed 2-21-2024)
§ 8.60.100 TEMPORARY SALES TAX
PERMIT REQUIRED.

Fireworks 137
Applicants licensed for the selling of fireworks
are required to obtain a temporary sales tax permit
from the State Board of Equalization.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003)
§ 8.60.110 DISPLAY OF LICENSE AND SALES
TAX PERMIT.

The license to sell fireworks and temporary sales
tax permit shall be displayed in a prominent place in
the fireworks stand.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003)
§ 8.60.120 PERMISSIBLE LOCATIONS FOR
DISCHARGE.

The use of fireworks in the city shall be limited to
private property except as otherwise provided in this
chapter. No fireworks shall be discharged on public or
private unpaved open areas such as vacant lots or
fields, or in a public street or right-of-way, or in
public parks except when specifically permitted for
public display, and except those areas approved by the
Fire Chief.
(Ord. MC-785, passed 5-21-1991; Ord. MC-788,
passed 6-4-1991; Ord. MC-965, passed 4-3-1996;
Ord. MC-966, passed 4-16-1996; Ord. MC-1138,
passed 2-19-2003)
§ 8.60.130 PROHIBITIONS ON SALE OR
DISCHARGE.
(A) It is unlawful for any person, organization,
group, association and the like to sell, use, store or
possess any fireworks except during the time period
specified in § 8.60.070(P).
(B) It is unlawful for any person, organization,
group, association and the like to sell, use, store or
possess any fireworks at any time in any of the areas
described in § 8.60.010.
(C) It is unlawful for any person, organization,
group, association and the like to store, possess,
ignite, explode, project or otherwise fire or use any
fireworks, or permit the ignition, explosion or
projection thereof, except during the period specified
in § 8.60.070(P).
(D) It is unlawful for any person, organization,
group, association and the like to store, possess,
ignite, explode, project or otherwise fire or use any
fireworks, or permit the ignition, explosion or
projection thereof, in any of the areas described in
§ 8.60.010, or upon or over or onto the property of
another without his or her consent, or to ignite,
explode, project or otherwise fire or make use of any
fireworks within ten feet of any resident dwelling or
other structure used as a place of habitation by human
beings.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed
2-19-2003; Ord. MC-1194, passed 4-4-2005; Ord.

MC-1578, passed 5-18-2022)
§ 8.60.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1269, passed 4-22-2008)
§ 8.60.150 VIOLATION - PENALTY.
(A) Any person, organization, group, association
and the like violating any provision of this chapter is guilty of an infraction or a misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) In addition to any other penalties provided by
law, any person, organization, group, association and
the like violating any provisions of this chapter shall be subject to an administrative civil penalty of:
(1) One thousand dollars for the first
offense;
(2) Two thousand five hundred dollars for
the second offense within 36 months; and
(3) Five thousand dollars for each
subsequent offense within 36 months.

San Bernardino - Health and Safety138
(Ord. 2884, passed 2-6-1968; Ord. MC-460, passed
5-15-1985; Ord. MC-1022, passed 5-19-1998; Ord.

MC-1073, passed 5-3-2000; Ord. MC-1138, passed
2-19-2003; Ord. MC-1269, passed 4-22-2008; Ord.

MC-1535, passed 5-6-2020)
§ 8.60.155 REWARD FUND.

The City Manager may establish a special fund
consisting of fines collected from firework violations
to pay rewards in the amount of no more than $250 to
individuals providing information leading to the
identification and successful criminal or civil
prosecution of any person violating this municipal
code related to the unlawful possession, sale or
discharge of fireworks.
(Ord. MC-1535, passed 5-6-2020)
§ 8.60.160 FINANCIAL REPORTING.

No later than August 31 of each year (or the next
working day if August 31 falls on a Saturday, Sunday
or legal holiday), each licensee operating a stand or
participating in a joint venture shall submit to the
Department of Finance and Management Services a
financial summary of the total sales from fireworks on
the financial summary form provided by the
Department of Finance and Management Services. The
financial summary shall have a summary of actual
expenses, revenues and profit for that year and shall
have receipts attached for all expenses for each stand, as well as any incentive payments, gifts or other
financial consideration provided to members of the
licensee or its volunteers. Licensees failing to comply with the aforementioned financial summary deadline of
August 31 shall be ineligible to receive a license for
the sale of fireworks the following year either as an
individual licensee or as a member of a joint venture.
(Ord. MC-1138, passed 2-19-2003; Ord. MC-1484,
passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 8.60.170 RESIDENTIAL STORAGE OF
FIREWORKS.

It is unlawful for any person or persons to store
any fireworks inside a residence, garage or structure
on residential property in the city.
(Ord. MC-1578, passed 5-18-2022)
Fireworks 139
San Bernardino - Health and Safety140
Fireworks 141
APPENDIX A: LOCATION OF SALES AND DISCHARGE OF FIREWORKS San Bernardino - Health and Safety142
CHAPTER 8.61: PROHIBITED FIREWORKS
Section

8.61.010 Dangerous fireworks prohibited

8.61.020 Dangerous fireworks defined

8.61.030 Violation - penalty

8.61.040 State law limitations
§ 8.61.010 DANGEROUS FIREWORKS
PROHIBITED.

In accordance with state law, it is unlawful for
any person, organization, group, association and the
like to possess, sell, use or discharge any “dangerous
fireworks” in the city, without a permit or license
granted by the State Fire Marshal.
§ 8.61.020 DANGEROUS FIREWORKS
DEFINED.

For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.

DANGEROUS FIREWORKS. Means and carries
the same definition as provided in Cal. Health and
Safety Code, § 12505, as amended by the state
legislature from time to time.
§ 8.61.030 VIOLATION - PENALTY.
(A) Any person, organization, group, association
and the like violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(B) In addition to any other penalties provided by
law, any person, organization, group or association
and the like violating any provisions of this chapter
shall be subject to an administrative civil penalty of:
(1) Two thousand five hundred dollars for
the first offense;
(2) Five thousand dollars for the second
offense within 36 months; and
(3) Ten thousand dollars for each
subsequent offense within 36 months.
(Ord. MC-1535, passed 5-6-2020)
§ 8.61.040 STATE LAW LIMITATIONS.
(A) Any administrative fine or administrative
civil penalty assessed pursuant to this chapter shall
provide for cost reimbursement to the office of the
State Fire Marshal and the collection of disposal costs pursuant to Cal. Health and Safety Code, § 12557.
(B) This chapter shall be limited to apply only to
a person, organization, group, association and the like who possesses or the seizure of 25 pounds or less of
dangerous fireworks.
(C) Any administrative fine or administrative
civil penalty collected pursuant to this chapter shall not be subject to Cal. Health and Safety Code, § 12706,
“Disposition of Fines and Forfeitures.”
(Ord. MC-1269, passed 4-22-2008)
143
San Bernardino - Health and Safety144
CHAPTER 8.63: EXPLOSIVES AND FIRES
Section

8.63.010 Permit - required when

8.63.020 Compliance with permit required

8.63.030 Fires to be kept under control

8.63.040 Permit required in hazardous fire
area

8.63.050 Fires on brush or grasslands or
forest covered lands

8.63.060 Blasting - permit required

8.63.070 Smoking within hazardous fire
area

8.63.080 Removal and disposition of ashes
in hazardous fire area

8.63.090 Use of chimney or heat
producing appliance in hazardous
fire area

8.63.100 Maintenance of fire protection of
firebreak required when

8.63.110 Reserved

8.63.120 Placement of inflammable
material in hazardous fire area

8.63.130 Hazardous fire area described

8.63.140 Violation - penalty
§ 8.63.010 PERMIT - REQUIRED WHEN.

It is unlawful for any person, firm or corporation,
at any time, to light a fire or fires or use fire for the clearing of land or to burn brush, slash, fallen timber, grass or other inflammable material within the city
without first having obtained a written permit from the City Fire Department; that nothing in this section shall prevent the use of proper and lawful fires for safe
domestic purposes; further, provided, that no permit
will be necessary to burn inflammable material in
properly constructed incinerators, outdoor water
heating units, cooking grills and other similar devices having chimneys covered with spark arresters
consisting of galvanized or copper screening of a mesh
not larger than one-fourth of an inch, and openings
such as doors, to be spark tight and otherwise
approved by the Fire Department, and where the land
around such incinerator, outdoor water heating units,
cooking grills and other similar devices is cleared of
all inflammable material within a radius of at least ten feet.
(Ord. 1988, passed 7-21-1953)
§ 8.63.020 COMPLIANCE WITH PERMIT
REQUIRED.

It is unlawful for any person, firm or corporation
after having obtained a written permit, as provided in
§ 8.63.010, to burn at any time or in any place or in
any manner other than that set forth in such permit.
(Ord. 1988, passed 7-21-1953; Ord. 2192, passed
10-22-1957)
§ 8.63.030 FIRES TO BE KEPT UNDER
CONTROL.

It is unlawful for any person, firm or corporation
in the city to allow or permit any fire attended by him, her or it to escape from his, her or its control.
(Ord. 1988, passed 7-21-1953)
§ 8.63.040 PERMIT REQUIRED IN
HAZARDOUS FIRE AREA.

It is unlawful for any person, firm or corporation
within the city, within the hazardous fire area, as
defined in § 8.63.130, to make, kindle, ignite, light or build or use any camp fire, bonfire or any other
out-of-door fire without first obtaining a written permit from the City Fire Department.
(Ord. 1988, passed 7-21-1953)
145
San Bernardino - Health and Safety146
§ 8.63.050 FIRES ON BRUSH OR

GRASSLANDS OR FOREST COVERED
LANDS.

It is unlawful for any person, firm or corporation
in the city to set or ignite camp fires or other fires on any brush or grasslands or forest covered lands, or
upon any public roads or highways, except at such
places as are or may be designated by the City Fire
Department, and a permit issued therefor in writing.
(Ord. 1988, passed 7-21-1953)
§ 8.63.060 BLASTING - PERMIT REQUIRED.

It is unlawful for any person, firm or corporation,
within the city, at any time, to blast with dynamite,
powder or other explosive without first having
obtained a written permit from the Fire Department.
(Ord. 1988, passed 7-21-1953)
§ 8.63.070 SMOKING WITHIN HAZARDOUS
FIRE AREA.

It is unlawful for any person, firm or corporation,
within the boundaries of the hazardous fire area
described in § 8.63.130, between May 1 and
December 31 of each and every year, to smoke a
cigar, cigarette, tobacco or any other substance in any form, except at designated and improved
campgrounds, or occupied places of habitation;
provided, however, that such designated and improved
campgrounds, and places of habitation, within the
meaning of this chapter, will only include those
portions of designated and improved campgrounds and
places of habitation which are cleared of all
inflammable materials and vegetation, as provided in
§ 8.63.100; and it is unlawful for any person in the
city to throw, place or cause to be placed upon any
grass, brush or forest covered lands, or upon any road
or trail traversing such grass, brush or forest covered lands, any lighted or burning match, cigar, cigarette or any burning substance without first extinguishing the
same.
(Ord. 1988, passed 7-21-1953)
§ 8.63.080 REMOVAL AND DISPOSITION OF
ASHES IN HAZARDOUS FIRE AREA.

It is unlawful for any person, firm or corporation,
within the hazardous fire area, to remove ashes from
stoves, fireplaces, heaters, grills or any other like
device in which burning has been done, and to dispose
of such ashes or waste from such device out of doors,
until such ashes or waste have been placed in a metal
or other fireproof receptacle and soaked in water for
at least 24 hours.
(Ord. 1988, passed 7-21-1953)
§ 8.63.090 USE OF CHIMNEY OR HEAT

PRODUCING APPLIANCE IN HAZARDOUS
FIRE AREA.

It is unlawful for any person, firm or corporation
within the city, within the hazardous fire area, as
defined in § 8.63.130, to use any chimney in
conjunction with any fireplace, incinerator or any heat producing appliance in which solid fuel is used upon
any cabin, house, hotel, building, structure or
premises unless maintained with a spark arrester
constructed with heavy wire, mesh or other
non-combustible material of at least 19 gauge, with
openings not to exceed one-half inch, mounted in or
over all outside flue openings in a vertical or near
vertical position visible from the ground.
(Ord. 1988, passed 7-21-1953; Ord. 3155, passed
3-9-1971)
§ 8.63.100 MAINTENANCE OF FIRE

PROTECTION OF FIREBREAK REQUIRED
WHEN.

Any person, firm or corporation owning, leasing,
using, controlling or operating any cabin, house, hotel, house trailer, apiary or other building, structure or
improvement in the hazardous fire area shall, at all
times, maintain upon his or her said land or adjacent
to the cabin, house, improvement or structure, an
effective fire protection or firebreak; such fire
protection or firebreak is to be made by removing all
inflammable vegetation or growth or other
inflammable materials or vegetation from the ground
around the buildings, structures and improvements for
a distance of not less than 30 feet from the exterior
Explosives and Fires 147
walls of the buildings, structures, house trailers and
improvements, the aforementioned fire protections or
firebreak shall cover all lands situated between the
building structures and the property boundary;
provided, however, that this section shall not apply to trees, except where dead or where the foliage of the
trees are within ten feet of the chimney, nor shall it
apply to evergreen vegetation where growing and
presented for decorative effect.
(Ord. 1988, passed 7-21-1953)
§ 8.63.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-28, passed 2-3-1981)
§ 8.63.120 PLACEMENT OF INFLAMMABLE
MATERIAL IN HAZARDOUS FIRE AREA.
(A) It is unlawful for any person, firm or
corporation in the hazardous fire area, as defined in
§ 8.63.130, to place, or cause to be placed on, his or
her own land, or on the land of another, any rubbish,
paper, sawdust, shavings, boxes, petroleum products
not in closed containers, or residue, fallen timber,
slash, limb wood, branches of trees, brush, grass,
litter or other inflammable material, except at places
and in the manner designated by the City Fire
Department, and all such inflammable material shall
be effectively destroyed by fire at such time and in
such a manner as shall be designated by the Fire
Department after securing a permit from said
Department.
(B) Any such rubbish, paper, sawdust, shavings,
boxes, petroleum products or residue, fallen limbs,
slash, limb wood, branches of trees, brush, grass,
litter or other inflammable material placed, caused to
be placed or existing on any land, contrary to the
provisions of this chapter, is a public nuisance and
shall be abated pursuant to law.
(Ord. 1988, passed 7-21-1953)
§ 8.63.130 HAZARDOUS FIRE AREA
DESCRIBED.
(A) Hazardous fire area is land which is covered
with grass, grain brush or forest, whether privately or publicly owned, which is so situated or is of such
inaccessible location that fire originating upon such
land would present an abnormally difficult job of
suppression or would result in great and unusual
damage through fire or resulting erosion.
(B) Such areas are designated as follows:
(1) All that area within the city lying north
of a line extending easterly from the west city limits to the east city limits and bounded on the south side by
streets and highways as follows: Barstow Freeway
from west city limits to the intersection of Palm
Avenue and the Barstow Freeway; northerly from the
Barstow Freeway on Palm Avenue to Kendall Drive;
easterly on Kendall Drive to 40th Street and transition easterly from the intersection of Kendall Drive and
40th Street; on 40th Street; and continue easterly to
Mountain Avenue; from the intersection of 40th Street
and Mountain Avenue; southerly on Mountain Avenue
to 39th Street; easterly on 39th Street to Del Rosa
Avenue; southerly from the intersection of 39th Street
to Marshall Boulevard; easterly from the intersection
of Del Rosa Avenue and Marshal Boulevard on
Marshall Boulevard; Marshall Boulevard to Victoria
Avenue; Victoria Avenue to Piedmont Drive;
Piedmont Drive east to Diab lo Drive; Diablo Drive
east to El Toro Street extending east to Highway 330;
Highway 330 South to Highland Avenue; thence East
and southeasterly along the centerline of Highland
Avenue to the centerline of Church Street;
(2) Inclusive of area beginning at the
intersection of Pacific Street and Del Rosa Avenue;
Pacific Street west to Perris Hill Park Road; Perris
Hill Park Road north in a line to intersect Highland
Avenue; Highland Avenue east to Del Rosa Avenue;
Del Rosa Avenue south to Pacific Street;
(3) Inclusive of area beginning at the
intersection of Little Mountain Drive and Kendall
Drive; Kendall Drive east to 40th Street; 40th Street
east to Electric Avenue; Electric Avenue south to
Thompson Place; Thompson Place west to Mayfield
Avenue; Mayfield Avenue south to 36th Street; 36th
Street west to “F” Street; “F” Street south to 33rd
Street; 33rd Street west to “H” Street; “H” Street
San Bernardino - Health and Safety148
south to Marshall Boulevard; Marshall Boulevard west
in a line to intersect Cajon Boulevard; Cajon
Boulevard west to University Parkway/State Street;
University Parkway north to State Street; State Street
north to Morgan Road; Morgan Road East to Little
Mountain Drive; Little Mountain Drive north to
Kendall Drive; and
(4) Hazardous fire areas shall be inclusive
of any additional land area, whether publicly or
privately owned, which the Fire Chief of the Fire
Department determines to be so situated or so
inaccessible that fire upon said land could present an
abnormally difficult task of fire suppression. Such
additional land areas shall be designated on a map
available to the public and maintained by the Fire
Department at the Central Fire Station, 200 East Third
Street, San Bernardino. The Fire Chief shall provide
a written description of the boundaries of any
additional land area to the City Clerk who shall
provide for publication of notice thereof pursuant to
the provisions of Cal. Gov’t Code, § 6061.
(Ord. 1988, passed 7-21-1953; Ord. 3155, passed
3-9-1971; Ord. 3611, passed 12-20-1976; Ord. 3869,
passed 9-18-1979; Ord. MC-488, passed 12-18-1985)
§ 8.63.140 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 1988, passed 7-21-1953; Ord. MC-460, passed
5-15-1985; Ord. MC-1073, passed 5-3-2000)
CHAPTER 8.65: DESTRUCTION OF WEAPONS
Section

8.65.010 Destruction of weapons in
custody of Police Department

8.65.020 Lost or stolen weapons

8.65.030 Alternatives to destruction

8.65.040 Notice to Department of Justice

8.65.050 Temporary custody of certain
firearms

8.65.060 Retention as evidence

8.65.070 Definition of firearm
§ 8.65.010 DESTRUCTION OF WEAPONS IN
CUSTODY OF POLICE DEPARTMENT.

Any weapon which is determined to be a nuisance
pursuant to Cal. Penal Code, § 12028
§§ 19190,
21310, 21390, 21590 and 29300 and is in the
possession of the San Bernardino City Police
Department shall, annually, in the month of July, or
sooner, if necessary to conserve local resources
including space and utilization of personnel who
maintain files and security of those weapons, be
destroyed so that it can no longer be used as such a
weapon except upon the certificate of a judge of a
court of record, or of the County District Attorney or
of the City Attorney, that the retention of it is
necessary or proper to the ends of justice.
(Ord. MC-892, passed 1-12-1994)
§ 8.65.020 LOST OR STOLEN WEAPONS.

If any weapon has been lost or stolen and is
thereafter recovered, or is used in such a manner as to constitute a nuisance pursuant to Cal. Penal Code,
§ 12028
§§ 19190, 21310, 21390, 21590 and 29300
and § 8.65.010 of this municipal code, without the
prior knowledge of its lawful owner that it would be so used, it shall not be destroyed but shall be restored to the lawful owner, if his or her identity and address can be reasonably ascertained, as soon as its use as
evidence has been served, upon his or her
identification of the weapon and proof of ownership.

Sufficient identification of ownership shall include, but shall not be limited to, a police report made at or near the time of loss or theft, or at or near the time of
discovery of the loss or theft. A police report by itself listing the lost or stolen weapon is sufficient
identification of ownership.
(Ord. MC-892, passed 1-12-1994)
§ 8.65.030 ALTERNATIVES TO
DESTRUCTION.
(A) Pursuant to the authority of Cal. Penal Code,
§ 12030
§§ 19190, 21310, 21390, 21590 and 29300 ,
when the Police Department has custody of any
firearms which may be useful to the California
National Guard, the Coast Guard Auxiliary or to any
military or naval agency of the federal or state
government, including, but not limited to, the
California National Guard military museum and
resource center, it may, upon the authority of the
Mayor and Common
City Council and the approval of
the Adjutant General, deliver the firearms to the
commanding officer of a unit of the California
National Guard, the Coast Guard Auxiliary or any
other military agency of the state or federal
government in lieu of destruction as required by this
chapter. The Police Department shall take a receipt for the firearms containing a complete description thereof
and shall keep the receipt on file as a public record.
(B) When the Police Department has custody of
any firearms, or any parts of any firearms, which are
subject to destruction as required by this chapter it
may, in lieu of destroying the weapons, retain and use
149
San Bernardino - Health and Safety150
any of them as may be useful in carrying out the
official duties of the Department, or upon approval of
a court, may release them to any other law
enforcement agency for use in carrying out the official duties of that agency, or may turn over to the
criminalistics laboratory of the Department of Justice
or the criminalistics laboratory of any other Police
Department, Sheriff’s office or District Attorney’s
office any weapons which may be useful in carrying
out the official duties of their respective agencies.
(C) Any firearm, or part of any firearm, which,
rather than being destroyed, is used for official
purposes pursuant to this section shall be destroyed by the Department or other agency using the weapon
when it is no longer needed for use in carrying out
official duties, and shall only be turned over to another agency pursuant to this chapter if the Agency agrees in writing to not sell said firearm.
(D) The Police Department may, in lieu of
destroying any firearms as required by this chapter,
obtain an order from the Superior Court directing the
release of the firearms to the Sheriff. The Sheriff shall record a description of such firearms and release them
to a basic training academy as provided in Cal. Penal
Code, § 12030(d)
§§ 19190, 21310, 21390, 21590 and
29300.
(Ord. MC-892, passed 1-12-1994; Ord. MC-894,
passed 1-26-1994)
§ 8.65.040 NOTICE TO DEPARTMENT OF
JUSTICE.

Pursuant to Cal. Penal Code, § 12030(e)
29300,
when the Police Department retains or destroys a
firearm pursuant to this ch apter, it shall notify the
Department of Justice of the retention or destruction.

The notification of each firearm, including the name of the manufacturer or brand name, model, caliber and
serial number.
(Ord. MC-892, passed 1-12-1994)
§ 8.65.050 TEMPORARY CUSTODY OF
CERTAIN FIREARMS.

This chapter shall not apply to those firearms
taken into temporary custody at the scene of domestic
violence. Such weapons shall be disposed of as
provided in Cal. Penal Code, § 12028.5
18000, except
that when such firearms are not claimed by or returned
to the owners, they shall not be sold but shall be
destroyed as provided in this chapter.
(Ord. MC-892, passed 1-12-1994)
§ 8.65.060 RETENTION AS EVIDENCE.

The provisions of this chapter shall not apply to
those weapons which are or may be evidence in either
a criminal or civil case, which weapons shall be
retained pending a final decision in such case.
(Ord. MC-892, passed 1-12-1994)
§ 8.65.070 DEFINITION OF FIREARM.

For the purposes of this chapter, weapon and
firearm shall be synonymous and firearm shall have
the definition provided in Cal. Penal Code,
§ 12401
16520.
(Ord. MC-892, passed 1-12-1994)
Destruction of Weapons 151
San Bernardino - Health and Safety152
CHAPTER 8.66: MOVING OF BUILDINGS AND OVERSIZE LOADS
Section

8.66.010 Definitions

8.66.020 Permit - required

8.66.030 Permit - application

8.66.040 Permit - issuance

8.66.050 Fees

8.66.060 Warning flags, lights or
reflectors required - flagger
required

8.66.070 Surety bond required

8.66.080 Violation - penalty
§ 8.66.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

BUILDING. Any type of structure normally used
as a place of habitation, business, storage or for the
shelter of animals.

OVERSIZE LOADS. Any load other than a
building carried on a vehicle which exceeds a height of 13 feet, six inches from the surface of the pavement to the top of the load, or exceeds a width of 96 inches, or the length authorized by the California Vehicle Code,
and the exceptions therein authorized.
(Ord. 2005, passed 11-24-1953)
§ 8.66.020 PERMIT - REQUIRED.

It is unlawful for any person, firm or corporation
to move, or cause to be moved, any building or
oversize load on, over or across any public street,
place or alley within the city without first obtaining a permit to do so from the City Director of Public
Services, or for any person, firm or corporation to
fail, neglect or refuse to obey or comply with any term or condition of such permit.
(Ord. 2005, passed 11-24-1953; Ord. 2498, passed
5-14-1963; Ord. MC-344, passed 2-22-1984)
§ 8.66.030 PERMIT - APPLICATION.
(A) Application for such permit shall be in
writing and shall be filed with the Director of Public
Services a minimum of 48 hours prior to the entry of
any building, structure or oversize load on any public
street, alley or place in the city.
(B) The application for permit shall show the
following information:
(1) The present location and the proposed
location to which the building or oversize load is to be moved;
(2) The height, width and length of the
building or oversize load to be moved;
(3) The date and hour of the proposed entry
on to, and the date and hour of clearance of the
building or oversize load from any public street or
place;
(4) Approval, in writing, of the Park
Superintendent regarding street tree clearance on route of moving; and
(5) If the application is one for moving a
building to a site inside the city, the application shall be accompanied by a certificate in writing of the
Secretary of the Planning Commission or the City
153
San Bernardino - Health and Safety154
Clerk to the effect that the Planning Commission or
the CommonCity Council has approved the moving of
the building to the new location. If the application is one for moving a building to a site outside the city, the application shall be accompanied by a certificate of the Chief Building Inspector to the effect that the applicant has conformed to the requirements of Ord. 2014
(incorporated in Chapter 15.36).
(Ord. 2005, passed 11-24-1953; Ord. 2510, passed
7-16-1963; Ord. MC-460, passed 5-15-1985)
§ 8.66.040 PERMIT - ISSUANCE.

Upon filing of the application, accompanied by
the fee and bond required by this chapter, the Director of Public Services may issue his or her permit
designating the streets over, on or across which such
building or oversize load shall be moved.
(Ord. 2005, passed 11-24-1953; Ord. MC-344, passed
2-22-1984)
§ 8.66.050 FEES.

The fees, which will apply to permits for moving
any building or oversize load on, over or across any
public street, alley or place within the city, will be
established, from time to time, by the Mayor and
Council by resolution.
(Ord. 2005, passed 11-24-1953; Ord. MC-729, passed
5-21-1990)
§ 8.66.060 WARNING FLAGS, LIGHTS OR

REFLECTORS REQUIRED - FLAGGER
REQUIRED.

It shall be the duty of every person moving any
building or oversize load over public streets, alleys or places to provide warning flags, lights or reflectors in such locations on the building or oversize load as to
indicate clearly the existence of a hazard in all
directions from which traffic may approach. Lights
and reflectors will be used between sunset and sunrise.

In addition to the warning flags, lights and reflectors required above, a flagger shall be stationed
approximately 300 feet from the building or oversize
load in the direction of any normal traffic flow. In all cases where a building or oversize load projects over
the centerline of the street, a flagger shall be stationed 300 feet ahead of, and another flagger 300 feet behind, the building or oversize load. The Director of Public
Services is authorized to require such additional
warning and safety measures as he or she may deem
necessary to safeguard the public.
(Ord. 2005, passed 11-24-1953; Ord. MC-344, passed
2-22-1984)
§ 8.66.070 SURETY BOND REQUIRED.

No permit shall be granted under this chapter
unless and until the applicant has executed a good and
sufficient surety bond to the city in a sum designated
by the Director of Public Services, but not less than
$1,000, conditioned that the applicant will hold and
save the city and all officers thereof harmless from any and all costs, damages or expenses that the city or any of its officers may incur or be obligated to pay by
reason of the granting of such permit, including
damage to streets, trees and other city owned property. (Ord. 2005, passed 11-24-1953; Ord. MC-344, passed
2-22-1984)
§ 8.66.080 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 2005, passed 11-24-1953; Ord. MC-460, passed
5-15-1985)
Moving of Buildings and Oversize Loads 155
San Bernardino - Health and Safety156
CHAPTER 8.68: ETCHING CREAM, AEROSOL CONTAINERS AND

CERTAIN MARKER PENS
Section

8.68.010 Inaccessibility to public

8.68.020 Violation
§ 8.68.010 INACCESSIBILITY TO PUBLIC.

Every person who owns, conducts, operates or
manages a retail commercial establishment selling
etching cream, aerosol containers or marker pens with
tips exceeding four millimeters in width, containing
anything other than a solution which can be removed
with water after it dries, shall store or cause such
etching cream, aerosol containers or marker pens to be
stored in an area viewable by, but not accessible to,
the public in the regular course of business without
employee assistance, pending legal sale or disposition
of such etching cream, marker pens or aerosol
containers. For purposes of this section, ETCHING
CREAM means any caustic cream, gel, liquid or
solution capable, by means of a chemical action, of
defacing, damaging or destroying hard surfaces in a
manner similar to acid.
(Ord. MC-1145, passed 6-17-2003; Ord. MC-867,
passed 4-6-1993)
§ 8.68.020 VIOLATION.

Any violation of § 8.68.010 is a misdemeanor.
(Ord. MC-867, passed 4-6-1993)
157
San Bernardino - Health and Safety158
CHAPTER 8.69: GRAFFITI
Section

8.69.010 Public funds for removal of
graffiti

8.69.020 Reserved

8.60.030 Nuisance; notice to abate;
abatement upon consent

8.69.040 Notice to remove graffiti;
protests and notice of hearing
thereon

8.69.050 Hearing by Director of Public
Services - appeal to Mayor and
Common
City Council

8.69.060 Abatement of nuisance

8.69.070 Abatement of nuisance by
property owner - time limit

8.69.080 Assessment for abatement by city
- filing of objection

8.69.090 Possession of instruments of
graffiti by juveniles prohibited
§ 8.69.010 PUBLIC FUNDS FOR REMOVAL
OF GRAFFITI.

Public funds, to the extent they are available, may
be used for the removal of graffiti, as described in §

8.69.030(A), with the written consent, waiver of
liability and agreement to hold the city harmless from
any and all damages signed by the owner(s),
owner’s(s’) agent(s) or occupier(s) of the property on
which the graffiti appears, if such individuals assure
the city and confirm that they have the legal authority to execute such consent, waiver and agreement. If
consent and waiver are not obtained, or if public funds are not available, the Director of Public Services shall follow the procedure contained in §§ 8.69.030 et seq.
(Ord. 3675, passed 9-21-1977; Ord. MC-658, passed
4-19-1989)
§ 8.69.020 RESERVED.
[Reserved]
(Repealed by Ord. MC-658, passed 4-19-1989)
§ 8.60.030 NUISANCE; NOTICE TO ABATE;
ABATEMENT UPON CONSENT.
(A) The existence of graffiti, writings and other
inscribed material, other than signs authorized under
this code, on public or private property, including on
buildings, walls, fences, curbs and other structures, in a place visible to the public, from a public street, alley or other place open to the public, is declared a public nuisance, and the periodic removal thereof is
necessary to protect the health, safety and public
welfare of the inhabitants of the city.
(B) Whenever any of the public nuisances
mentioned in division (A) above exist in the city, the
Director of Public Services, or his or her designee,
may find and declare the same to be a public nuisance
under the provisions of this chapter and may order the
abatement of such public nuisance as hereinafter
provided. Special priority shall be given to the
abatement of any writings or symbols which are
offensive to a substantial number or class of citizens, or any graffiti or writing which demeans any
individual, or causes or is likely to cause a breach of the peace.
(C) Any owner whose property is found to be or
contain a public nuisance by the Director of Public
Services shall have the right to request a hearing to
determine whether in fact a public nuisance exists as
hereinafter provided. The owner may specifically
consent to removal, in which event the Director of
Public Services is authorized to immediately abate the
nuisance.
(Ord. MC-370, passed 5-22-1984)
159
San Bernardino - Health and Safety160
§ 8.69.040 NOTICE TO REMOVE GRAFFITI;

PROTESTS AND NOTICE OF HEARING
THEREON.
(A) When the Director of Public Services finds
a nuisance, as described in § 8.69.030, to exist, he or she shall cause a “notice to remove graffiti” to be
given in regard to all property on which, or abutting
that property on which, the nuisance exists. A notice
shall be mailed to each property owner as his, her or
its name and address appears in the current records of
a title company or the tax assessment rolls of the
county, or as may be otherwise known. The notice
shall contain a date, a description of the property by
street designation and any other information deemed
appropriate by the Director of Public Services to
designate the location from which graffiti, writings or other inscriptions are to be removed. The notice shall
be in substantially the following form:
“NOTICE IS HEREBY GIVEN pursuant to
Section 8.69.040 of the San Bernardino
Municipal Code that the Director of Public
Services of the City of San Bernardino has
determined that a nuisance exists on or
abutting the property described in this
Notice, or on the parkway thereof. The
nuisance consists of graffiti, writings or
other inscriptions, on buildings, walls,
fences, curbs or other structures on such
property or abutting such property. You
must abate or remove this nuisance, by
removal or covering of such graffiti,
writings or other inscriptions. If you do not
remove such nuisance, the nuisance may be
removed and abated by the City of San
Bernardino, without further notice to you,
and for that purpose officers, agents,
employees or contractors working under the
direction of the Director of Public Services
may enter upon your property to abate such
nuisance.

Any person objecting to this determination
of a nuisance or the proposed removal and
abatement of said nuisance shall file a
written protest with the City Clerk not later
than five days from the date of mailing of
this Notice. The City Clerk shall transmit
such protest promptly to the Director of
Public Services, who shall promptly
schedule a date, time and place for hearing,
and shall give notice thereof to the protesting
property owner or other protester.

The Director of Public Services will
personally, or by an official hearing officer
designated by him or her, hear any protests
and consider any information, evidence or
argument concerning the existence of such
alleged nuisance, and after having given to
the property owner, or his or her
representative, the reasonable opportunity to
be heard, shall render a decision as to
whether a nuisance exists. If a timely protest
has been filed, you or your agent may
appear at said hearing and be heard and may
present and hear evidence concerning the
existence of the alleged nuisance and the
proposed abatement.

If you desire to have the City remove such
nuisance, you may notify the Director of
Public Services that you consent to
abatement of the nuisance by the City.”
(B) In addition to mailing the notice in the
manner and form required herein, such notice may
(permissive) be conspicuously posted on or adjacent to
the property from which the nuisance is to be abated.
(Ord. MC-370, passed 5-22-1984)
§ 8.69.050 HEARING BY DIRECTOR OF

PUBLIC SERVICES - APPEAL TO MAYOR

AND COMMON
CITY COUNCIL.
(A) At the time set for hearing, the Director of
Public Services, or his or her designee, shall hear and consider all objections or protests to the finding of
nuisance and proposed abatement of the nuisance, and
may continue the hearing from time to time. The
hearing officer shall consider, among other things,
whether the expense necessarily incurred in complying
with the ordinance and the sanctions imposed for
non-compliance are reasonable in relation to the
health, safety and public welfare interest being
protected; whether the existence of graffiti, writings or Graffiti 161
other inscriptions in its present location is in fact a public nuisance, and has the effect of diminishing
property values of the neighborhood and contributes to
community blight; and shall consider the effect of the
existence of such graffiti, writings or other inscriptions on a normal person of normal sensibility, and the
environment in which the graffiti, writings or other
inscriptions exists including, for instance, whether in an urban or rural setting.
(B) The Director of Public Services, or his or
her designee, shall not find a nuisance to exist unless such hearing officer finds the existence of an injurious effect upon the public in general. The decision of the
Director of Public Services, or his or her designee, is final, subject to the right of the property owner to
appeal to the Mayor and Common
City Council
pursuant to Chapter 2.64, except that the notice of
appeal must be filed within ten days of the hearing, or within ten days of the mailing of notice of the decision by the Director of Public Services, whichever occurs
last. If a decision is rendered at the time of the
hearing, and a representative of the property owner
was present at such hearing, no mailing of the decision shall be required. The decision of the Mayor and
Common
City Council, upon any appeal, shall be final
and conclusive. Any person failing to protest, as
authorized in § 8.69.030, or failing to appeal after the decision of the Director of Public Services shall be
deemed to have waived any and all objections, and the
Director of Public Services shall be deemed to have
acquired jurisdiction to abate the nuisance and have the work of removal performed.
(Ord. MC-370, passed 5-22-1984)
§ 8.69.060 ABATEMENT OF NUISANCE.

Upon acquiring jurisdiction, the Director of
Public Services shall abate the nuisance, and he or she and his or her assistants or deputies, or any person,
firm or corporation under contract to do the work, are
expressly authorized to enter upon private property for that purpose.
(Ord. MC-370, passed 5-22-1984)
§ 8.69.070 ABATEMENT OF NUISANCE BY
PROPERTY OWNER - TIME LIMIT.

Any property owner shall have the right to have
any such nuisance removed or abated at his or her own
expense provided the same is done within ten days
after the mailing of the “notice to remove graffiti,” as provided in § 8.69.080; provided such abatement is
performed to the satisfaction of the Director of Public Services. If additional time is desired in the order to remove the graffiti writings or other inscriptions, a
request therefor shall be made to the Director of
Public Services, who may grant additional time within
which the property owner shall have the right to have
any such nuisance removed at his or her own expense.

Upon expiration of such additional time, however, if
the nuisance is not removed, the Director of Public
Services shall be deemed to have acquired jurisdiction
to abate the nuisance without further notice or hearing and shall have the authority to proceed to abate the
nuisance.
(Ord. MC-370, passed 5-22-1984)
§ 8.69.080 ASSESSMENT FOR ABATEMENT
BY CITY - FILING OF OBJECTION.

The Director of Public Services shall, upon
completion of the graffiti abatement, itemize the costs thereof, including incidental expenses which, if
unpaid, shall be assessed against and become a lien
upon the property on which the nuisance was abated to
be collected at the time and in the manner of the real
property taxes by the Tax Collector, pursuant to the
procedure set forth in Chapter 3.68. The Director of
Public Services shall forthwith initiate proceedings
before the Board of Building Commissioners under
Chapter 8.30 for determination and collection of the
assessment for costs of abatement.
(Ord. MC-658, passed 4-19-1989; Ord. MC-1418,
passed 10-5-2015)
Editor’s note:

Ord. MC-1418, passed 10-5-2015 repealed/
deleted Chapter 3.68 and stated that any
remaining provisions of the municipal code that
reference it should now be deemed to instead
reference Chapter 8.30, which it also amended.
§ 8.69.090 POSSESSION OF INSTRUMENTS
OF GRAFFITI BY JUVENILES PROHIBITED.

San Bernardino - Health and Safety162
(A) It is unlawful for any minor to have, in his or
her possession, the below described instruments of
graffiti while on any public highway, street, alleyway, park, playground, swimming pool, public buildings or
any area open to the public, whether such juvenile is
or is not in any automobile, vehicle or other
conveyance:
(1) Any spray can containing anything other
than a solution which can be removed by water after
it dries. These include paint, undercoating, spray
insulation and others having the same effect.
(2) Any spray can tips, other than those
affixed to a spray can not meeting the description of
§ 8.60.090(A).
(3) Any marker pens containing anything
other than a solution which can be removed with water
after it dries.
(4) Any container containing anything other
than solution that can be removed with water after it
dries and which can be used to apply that solution.

This includes acrylic paint tubes, oil paint tubes, shoe dyes and bottles and cans of such solutions.
(5) Objects capable of etching glass or
ceramic surfaces, including, without limitation, bits,
grinding stones, glass cutters, scribes, broken spark
plug ceramic, chisels and any solution capable of
etching these surfaces when applied including acids
and etching baths.
(B) The provisions of this section shall not apply
to any person under the age of 18 years who is
accompanied by a parent or guardian, or under the
supervision of an adult teacher.
(Ord. MC-904, passed 5-18-1994; Ord. MC-1087,
passed 9-20-2000)
CHAPTER 8.72: RESERVED
(Repealed by Ord. MC-1121, passed 3-19-2002)
163
San Bernardino - Health and Safety164
CHAPTER 8.73: NO SMOKING IN PARKS
Section

8.73.010 Definitions

8.73.020 Smoking prohibited within 25
feet of playground or tot lot
sandbox area

8.73.030 Sale of tobacco products through
self-service displays prohibited

8.73.040 Smoking in outdoor athletic
recreation areas, sports centers
and sports facilities prohibited

8.73.050 No smoking in any public park
§ 8.73.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

CIGAR. Shall have the definition as currently set
forth in Cal. Health and Safety Code, § 104550, or its
successor section, as amended.

CIGARETTE.
(1) Any product that contains nicotine, is
intended to be burned or heated under ordinary
conditions of use and consists of or contains:
(a) Any roll of tobacco wrapped in
paper or in any substance not containing tobacco;
(b) Tobacco in any form that is
functional in the product, which, because of its
appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette; or
(c) Any roll of tobacco wrapped in any
substance containing tobacco, which, because of its
appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a CIGARETTE described
in this section.
(2) CIGARETTE also includes
“roll-your-own” tobacco, meaning any tobacco,
which, because of its appearance, type, packaging or
labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making
CIGARETTES.