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HomeMy WebLinkAbout1989-292 1 RESOLUTION NO. 89-292 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF 3 SAN BERNARDINO AND THE SAN BERNARDINO MUNICIPAL COURT DISTRICT REGARDING A CHANGE IN THE PROCESSING OF ANIMAL CONTROL CITATIONS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a Memorandum of Understanding between San Bernardino Municipal 9 Court District and the City, a copy of which is attached hereto 10 and incorporated herein as Exhibit "A" and referenced as fully as 11 though set forth at length. 12 SECTION 2. The agreement shall not take effect until fully 13 signed and executed by all parties. The City shall not be 14 obligated hereunder unless and until the agreement is fully 15 executed and no oral agreement relating thereto shall be implied 16 or authorized. 17 SECTION 3. The authorization to execute the above- 18 referenced agreement is rescinded if the parties to the 19 agreement fail to execute it within one-hundred twenty (120) 20 days of the passage of this resolution. 21 I HEREBY CERTIFY that the foregoing resolution was duly 22 adopted by the Mayor and Common Council of the City of San 23 Bernardino at a regular meeting thereof, held on the 7th 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 PZ/dys July 20, 1989 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION...AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN 2 BERNARDINO MUNICIPAL COURT DISTRICT...ANIMAL CONTROL CITATIONS. 3 day of August , 1989, by the following vote, to wit: 4 AYES: Council Members Estrada. REillv. Flores. 5 Minor. Pone-Ludlam. Miller 6 NAYS: None 7 ABSENT: ~Quncil Member Maudslev 8 r:A/fd~/~p cit1 Clerk 9 The foregoing resolution f(4... day of All gl1 ~ t- , 1989. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L f-!~~ o ' PZjdys July 20, 1989 2 . ?Ie' -;;t?~ {, Y ,"'....- -. MEMORANDUM OF UNDERSTANDING This is a "Memorandum of Understanding" between the San Bernardino Municipal Court District (Court), and the City of San Bernardino (City) regarding a change in the processing of the City's Animal Control citations. Effective September. 13 1989, the San Bernardino Municipal Court District will no longer accept Animal Control citations or Animal Control notices of violation for filing with the Court. After this date, the Court will only accept verified complaints for filing. This change will necessitate that the initial payment on the notice of violation be made through an appropriate City office. The City will receive one-hundred (100%) percent of all such fines/bail which will be deposited in the Animal Control Fund. All violations remaining unpaid would be processed on complaints and filed with the Court. The Court approved bail/fine schedule attached herein and incorporated as Exhibit "1" shall go into effect on the above date. Any amendments and/or additions to the bail/fine schedule shall be submitted to the Court for approval at the Annual Uniform Bail Schedule meeting each year. The City will assume the duties of accepting pleas of not guilty on Animal Control citations, of collecting the bail, and of setting the cases on the San Bernardino Municipal Court District trial calendar. The Court will provide the City with written instructions for the procedure on accepting pleas of not / / / / PZ/dys July 20, 1989 1 ~ .... Court calendar. guilty and provide the necessary forms for setting cases on the The Court will appoint appropriate City staff as deputy clerks in and for said Court, for the purposes of accepting pleas of not guilty, collecting bail and setting cases on the Court trial calendar. A signed Oath of Office will be filed with the Court for each appointed deputy clerk. This "Memorandum of Understanding" may be modified at any time with the concurrence of both parties. DATE: DATE: September 13, 1989 Approved as to form and legal content: JAMES F. PENMAN, City Attorney PZjdys July 20, 1989 By: ISTRICT vising Judge Municipal Court 2 .... /' SBMC 6.04.010 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 6.04.080 6.04.090 6.04.110 6.04.120 6.08.030 6.08.040 6.08.050 6.12.020 6.12.030 6.12.040 6.12.050 6.12.060 6.12.080 6.12.090 6.20.010 6.24.010 6.24.020 6.24.110 6.24.130 6.24.180 CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL CONTROL BAIL SCHEDULE OFFENSE Animal establishment permit/license Housing facilities Maintenance of bldgs/enclosures Food and water supply Construction of buildings Protection of public ventilation Size of rooms, cages, enclosures Animal runs Examination by veterinarian Illegal sheep and bulls Maint. cows, goats, caprine animals Illegal pigs Stallion w/in 400' of house Number of horses permitted Number of horses permitted 1/2-1 acre Horse on less than 20,000 sq. ft. Stabling w/in 100' of human occupancy Removal of manure Registration of horses Illegal non-domestic animal More than three dogs No dog license vicious dog at large Leash law violation-first offense -second offense -third offense No rabies vaccination BAIL 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 100.00 50.00 50.00 50.00 50.00 50.00 25.00 25.00 100.00 50.00 25.00 100.00 25.00 50.00 75.00 25.00 W/POC 25.00 10.00 15.00 10.00 10.00 Failure to clear citation within 30 days will result in an automatic 50% increase in bail/fine. EXHIBIT "1"