HomeMy WebLinkAboutMC-14701
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ORDINANCE NO. MC -1470
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 6.09 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO VICIOUS AND POTENTIALLY
DANGEROUS DOGS
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the assignment of various functions to committees, commissions, employees and
outside hearing officers; and
WHEREAS, the City Council desires to streamline certain processes, by eliminating
unnecessary levels of review or reassigning certain functions previously carried out by
committees or commissions.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.09 of the San Bernardino Municipal Code — Vicious and
Potentially Dangerous Dogs is hereby amended in the following respects only:
Chapter 6.09
VISCIOUS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.09.010 Findings
6.09.050 Hearing Officer's Decision Final - Notice
6.09.080 Potentially Dangerous Designation Maintained in Registration Records
6.09.010 Findings
The Mayor and City Council find that dogs that threaten or injure residents of the City
of San Bernardino constitute a public safety threat and shall be controlled by the provisions of
this Chapter.
6.09.050 Hearing Officer's Decision Final - Notice
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The written decision of the Hearing Officer shall be final, subject to the right to
judicial review of any aggrieved party pursuant to Food and Agriculture Code section 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.
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.
SECTION 2. Except as modified herein, the remaining provisions of Chapter 6.09
shall continue in full force and effect.
SECTION 3. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
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SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 6.09 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO VICIOUS AND POTENTIALLY
DANGEROUS DOGS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7th day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
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ABSTAIN ABSENT
Georgeann fi6ia, CMC, City Clerk
The foregoing Ordinance is hereby approved this 7b day of March 2018.
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R. Carey Davis,�adino
ayor
City of San Be
Approved as to form:
Gary D. Saenz, City Attorney
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