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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"