HomeMy WebLinkAbout14-Animal Control
I CITY OF SAN BERNQ.DINO - REQUEST lOR COUNCIL ACTION
~
From:
Deborah L. BIggs
Director of Animal
Animal Control
REC'D.-AOMlH~Mt: MOU with S.B.County Municipal Court
Control District
IS3S AUS -I,',;! I:: ! S
Dept:
Date: July 18,1989
Synopsis of Previous Council action:
6-27-88: Citation/Spay-Neuter Tracking Program approved by the Ways and Means Committee
8-1-88: Same approved by the Mayor and Common Council contingent upon the execution of MOU
Recommended motion:
ADOPT RESOLUTION
/~~, ,;t~~
Slgnatunt "
Conteet penon: Deborah L. Bi ggs
Phone: 384-5275
Supporting dete ,uIChed:
yes
W.rd:
FUNDING REOUIREMENTS:
Amount:
Sourc:e: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Counc:11 Notel:
i .. "".iIIl.,
Agenda Item NO.~
. CITY OF SAN BERNc.DINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
In August 1988, the Mayor and Common Council approved the
Citation/Spay-Neuter Tracking Program contingent upon the
execution of a Memorandum of Understanding with the San
Bernardino County Municipal Court District for the purpose of
accepting pleas of not guilty and accepting bail on Animal
Control citations (similar to Parking Control). After almost
one year, the MOU has been drafted and approved by the
, County.
All citations issued will be paid directly to the Animal
Control office. Those persons wishing to contest their
citation may post bail and a court date will be assigned to
them at that time. All citation revenue will be retained by
the division. All bail money is forwarded to the county. At
the conclusion of the trial, all fines imposed by the judge
will be paid to Animal Control.
This program is expected to generate $ 35,000
revenue.
in additional
75-0264
o
o
1
RESOLUTION NO.
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
13
SECTION 2. The agreement shall not take effect until fully
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 agree~ent 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
meeting thereof, held on the
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
PZ/dys
July 20, 1989
1
27
28
o
o
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
, 1989, by the following vote, to wit:
4
AYES:
Council Members
5
6
NAYS:
7
ABSENT:
8
9
City Clerk
10
The foregoing resolution is hereby approved this
day
11
12
13
14
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
15 form and legal content:
16 JAMES F. PENMAN,
City Attorney
17
18
19
20
21
22
23
24
25
26
PZ/dys
July 20, 1989
2
o
o
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
, 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
o
o
guilty and provide the necessary forms for setting cases on the
Court calendar.
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.
SAN BERNARDINO MUNICIPAL COURT DISTRICT
DATE:
By:
Robert Fawke, Supervising Judge
Central Division, Municipal Court
CITY OF SAN BERNARDINO
DATE:
By:
W. R. Holcomb, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
PZ/dys
July 20, 1989
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
o
CITY OF SAN BERNARDINO
DEPARTMENT OF ANIMAL CONTROL
BAIL SCHEDULE
OFFENSE
Animal establishment permit/license
Housing facilities
Maintenance of b1dqs/enc1osures
Food and water supply
Construction of bui1dinqs
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 vaCC1nat1on
o
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"