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From: JAMES F. PENMAN
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Subject: MEAS URE HH
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Dept: Ci ty Attorney
Da~: August 5, 1988
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Synopsis of Previous Council action:
None.
Recommended motion:
Discussion of Measure HH.
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Signature
F. Penman, City Attorney
Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITCoF SAN BBRNARDlrO - REQUQT FOR COUNCIL AcQlON
STAFF REPORT
At the Legislative Review Committee Meeting of
the Committee recommended official endorsement
availability and adoption policies of the
Bernardino.
July 21, 1988,
of the current
city of San
At the meeting
city's position
Calendar portion
of August 1, the Council requested that the
(as stated above) be placed on the Consent
of the August l5 Agenda for reaffirmation.
8/5/88
~ 75-0264
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. CiTY or- ,SAN I3ERt~^RDINO'DEPARTMEtn or- AMIMAL CONTROL
PROCEDURE GUIDELINES
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NUMBER 2.012
CATEGORY: ALL PERSONNEL
DATE: 8 { ll{ 87
,SUBJECT: ANIMALS AVAILABLE FOR RESEARCH
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SCOPE:
ALL ANIMAL CONTROL DEPARTMENT PERSONNEL
PURPOSE: TO ESTABLISH A UNIFORM PROCEDURE FOR THE SALE OF
ANIMALS FOR RESEARCH.
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This policy supercedes all previous policies relative to the.avail~
ability of dogs ~nd cats to research institutions.
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Research personnel will only be permitted to make selections on
Wednesday only from 10:30 a.m. to Noon.
Research personnel must be accompanied by a shelter staff member
for purposes. of enforcing,this policy. ~
Dogs and cats which qualify under,one of the following character-
istics will not be made available for research:
1. Dor,s or cats with identification tags, ,licenses (to include
expired or untraceable tags). "
2. Dogs, or ',cats with any ty\?e of collar; flea collar, harne,ss,
rope. chain. string or ribbons in hair, docked tails, cropped ears
and dewclaws, even painted toenails,. (Something obviously placed
attached by a human)., ..
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3 . Any dog or
indicating the
an~mal;
4; No current or former Homefinder animals.
cat which has notations on the impound ticket
owner or interested party has inquired. about the
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.5. No owner release animals unless specifically requested in'
writing by the former owner.
6. Unless an animal's kennel card indicates said animal shall.
be made available for research, said ani~al shall not be released
to a research institution. '
Any questions reqarding this matter are to be directed to the Director.
An~ violation of th~s policy may result in disciplinary action.
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~TV OF SAN BER~RDINOo- MEMORANDUrj
To
JACK REILLY, Chairman to the
Legislative Review Committee
MEASURE HH
From LOREN MCQUEEN
~~&uty City Attorney
July 19, 1988
Subject
Approved
Date
At the June 3, 1986 election voters had the opportunity to vote
for or against San Bernardino Measure HH which read:
-shall the City continue to sell or give away
impounded and unclaimed animals for research,
testing or educational purposes to legally
accredited organizations.-
The caption of the measure contained the phrase, -Advisory Vote
Only-. Nine thousand four hundred sixty residents voted -yes-
as to the measure and nine thousand two hundred thirteen
residents voted -noR.
California Elections Code Section 5353(a) states:
-Each city . . . may hold, at its discretion an
advisory election. .. for the purpose of allowing
voters within the respective jurisdiction, or a
portion thereof, to voice their opinion on sub-
stantive issues or to indicate to the local
legislative body approval or disapproval of the
ballot proposal.-
Subsection (c) reads:
-advisory vote means an indication of general
voter opinion regarding the ballot proposal. The
results of the advisory vote will in no manner be
controlling on the sponsoring legislative body.-
Therefore although the votes in favor of Measure HH exceeded
the votes opposed to the Measure, the results of the election
were advisory only having no legally controlling effect over
the legislative acts of the Mayor and Common Council.
Deputy
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