HomeMy WebLinkAboutMC-1085
I Adopted:
. Effective:
September 18, 2000
October 19, 2000
ORDINANCE NO. Me-1085
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
3 AMENDING SECTION 6,42.010 OF THE SAN BERNARDINO MUNICIPAL
CODE AND ADDING CHAPTER 6.44 TO THE SAN BERNARDINO
4 MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND
PENAL TIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES
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6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION l.
Section 6.42.0 I 0 of the San Bernardino Municipal Code is
l) hereby amcnded to read as follows:
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6.42.010
General Penalties
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The City of San Bernardino intends to secure compliance with the
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provisions of Title 6. To the cxtent that such compliance may be
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achieved by alternate methods of enforcement thc following separate
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and distinct mcthods may be utilized. Each method set forth herein is
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intended to be mutually exclusive and does not prevent consecutive
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methods from being used to achieve compliance against continuing
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violations. Each and every day any such violation exists constitutes
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a separate offense. Notwithstanding any other provision of this Title
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6. cach violation of the provisions of this Title may be cnforced
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alternatcly as follows:
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A.
Any person who violatcs any provision of this Title 6 is guilty
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of an infraction. which upon conviction thereof is punishable
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in accordance with the provisions of section 1.I2.010B of
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this Code.
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B.
Upon conviction of a fourth violation pursuant to subsection
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A above. the violator is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the
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provisions of section 1.12.01 OA of this Code.
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SECTION 2.
8 Code to read as follows:
c.
Administrative Citation. Upon a tinding by any person so
designated by Chapter 9.90 of this Code, vested with the
authority to enforcc the various provisions of this Title 6 that
a violation exists, he or she may issue an Administrative
Citation under the provisions of Chapter 6.44.
Chapter 6.44 is hereby added to the San Bernardino Municipal
9 CHAPTER 6.44
10 ADMINISTRATIVE CITATIONS
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Sections:
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6.44.0 I 0
6.44.020
6.44.030
6.44.040
6.44.050
6.44.060
6.44.070
6.44.080
6.44.090
6.44.100
6.44.110
6.44.120
6.44130
6.44.140
6.44.150
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Legislative findings and Statement of Purpose
Definitions
Authority
Service Procedures
Contents of Notice
Satisfaction of Administrative Citation
Appeal of Administrative Citation
Hearing Officer
Hearing Procedure
Hearing Onicer's Decision
failure to Pay Fines
Appeal of Hearing Onicer's Decision
Animal Control Commission's Decision
Right to Judicial Review
Severability
Legislative findings and Statement of Purpose
The Mayor and Common Council hereby find that there is a need for
an altcrnative method of enforcement for violations of Title 6 of this
Code. The Mayor and Common Council further find that an
appropriate method of enforcement tor animal control violations is an
Administrative Citation Program as authorized by Government Code
Section 53069.4.
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The procedures established in this Chapter shall be in addition to
c.
criminal, civil, or any other legal remedy established by law, which
may be pursued to address violations of Title 6 of this Code.
The Mayor and Common Council hereby find and determine that
enforcement of Title 6 of this Code is a matter of local concern and
serves an important public purpose. Consistent with its powers as a
Charter City, the City of San Bernardino adopts this Administrative
Citation Program provision in order to achieve the following goals:
1.
To protect the public health, safety and welfare of the
citizens of the City of San Bernardino;
2.
To gain compliance with Title 6 of this Code in a timely and
etlicient manner;
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To provide for an administrative process to appeal the
imposition of Administrative Citations and lines;
4.
To provide an alternative method to hold parties responsible
when they fail or refuse to comply with the provisions of Title
6 of this Code in the City of San Bernardino;
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To minimize the expense and delay where the sole remedy is
to pursue rcsponsiblc partics in the civil or criminal justice
system.
D.
Use of this chapter shall be at the sole discretion of the City.
6.44.020
Definitions
A.
Re.\ponsihle Person shall mean any individual who is the owner,
custodian or occupant of any real property; owner or authorized agent
of any business, company, or entity; or the parent or legal guardian of
any person under eighteen (18) years of age; who causes or maintains
a violation of Title 6 of this Code.
B.
Animal Control OUicer, or other authorized officer, shall mean any
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otlicer or employee with the authority to enforce Title 6 of this Code
as provided in Chapter 9.90 of said Code.
6.44.U3U
Authority
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Any person violating any provision of Title 6 of this Code may be
issued an Administrative Citation by an Animal Control Officer, or
other authorized otlicer, as provided in this Chapter.
B.
Each and every day a violation of Title 6 of this Code
exists constitutes a separate and distinct offense.
c.
Any lIne assessed by means of an Administrative Citation issued by
the Animal Control Officer, or other authorized officer, shall be
payable directly to the City of San Bernardino.
D.
Fines shall be assessed in the amounts specified by Resolution of the
Mayor and Common Council, or where no amount is specified, as
follows:
I.
A line not exceeding one hundred dollars ($] 00.00) for a
lirst violation;
2.
A tIne not exceeding two hundred dollars ($200.00) for a
second violation of the same ordinance within one year.
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A tIne not exceeding lIve hundred dollars ($500.00) for each
additional violation thereof of the same ordinance within one
year.
6.44,040
Service Procedures
A.
An Administrative Citation on a form approved by the Mayor or the
Mayor's designee, with thc concurrence of the City Attorney, may be
issued to the responsible person by an Animal Control Officer, or other
authorized otlicer, lelr violations of Title 6 of this Code in the
following manner:
I.
Personal Service. In any case where an Administrative
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6.44.050
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Citation is issued:
I.
The Animal Control Officer, or other authorized
officer, shall attempt to locate and personally serve the
responsible person and obtain the signature of the
rcsponsible person on the Administrative Citation.
II.
Upon such personal service, if the responsible person
rctLlses or fails to sign the Administrative Citation, the
failure or refusal to sign shall not affect the validity of
the Administrative Citation or of subsequent
proceedings.
2.
Service or Citation by Mail. Ifthe Animal Control Officer, or
other authorized otTicer, is unable to locate the responsible
person. the Administrative Citation shall be mailed to the
responsible person by certified mail, postage prepaid with a
requcsted return receipt.
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Service or Citation by Posting Notice. rfthe Animal Control
Officer, or other authorized officer, does not succeed in
personally serving the responsible person, or service by
certified mail, the Animal Control Officer, or other authorized
officer, shall post the Administrative Citation on the real
property within the City in which the violation occurs, or on
any other property for which the otTicer has knowlcdge that
the responsible pcrson has a legal interest.
Contents of Notice
Each Administrative Citation shall contain the following information:
I.
Date, approximate time, and address or definite description
of the location where the violation( s) was observed;
2.
The section(s) of Title 6 of this Code or the condition(s)
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6.44.060
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S1\.11~ithll1l cilal ion,ane J
viol~ted ~nd ~ description of the violation(s);
3.
An order to the responsible person to correct the violation(s)
within a specified time, ~nd an explanation of the
consequences offailure to correct the violation(s);
4.
The amount of the fine for the violation(s);
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An explanation of how the fine shall be paid and the time
period by which it shall bc paid.
6.
Identification of rights of appeal, including the time within
which thc Citation may bc contested and the place to obtain a
Request for Hearing form to contest the Administrative
Citation; and
7.
The name and signature of the Animal Control Officer, or
other authorized officer, and, if possible, the signature of the
responsible person.
8.
A schedule of late fee penalties.
Satisfaction of Administrative Citation.
Upon receipt of a citation, absent an appeal of the administrative
citation, the responsible person sh~ll do the following:
1.
Remedy the violation(s). If the responsible person fails to
correct the violation(s), subsequent Administrative Citations
may be issued for the violation(s). The amount of the fine for
failure to correct the violation(s) shall increase at a rate
specified in this Chapter or by Resolution;
2.
Pay the fine to the City within fifteen (15) days from the
issue date of the Administrative Citation if the violation is not
remedied within said fifteen (15) days. All fines assessed shall
be payable to the City of San Bernardino. Payment of a fine
shall not excuse or discharge the failure to correct the
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violation(s) nor shall it bar further enforcement action by the
City.
6.44.070 Appeal of Administrative Citation
Any recipient of an Administrative Citation may contest that there
was a violation of Title 6 of this Code or that he or she is the responsible
person by completing a Request for Hearing form and returning it to the City
Clerk within fitieen (15) days of receiving the citation.
6.44.080 Hearing Officer
The Mayor or the Mayor's designee shall designate the hearing officer for the
Administrative Citation hearing. The hearing officer shall not be a City of
San Bernardino employee. The retention and compensation of the hearing
otlicer, ifany. shall not be directly or indirectly conditioned upon the amount
of Administrative Citation fines upheld by the hearing oflicer.
6,44.090 Hearing Procedure
A. No hearing to contest an Administrative Citation before a hearing
officer shall bc held unless and until a request for a hearing form has
been completed and submitted.
fl. A hearing before the hearing oflicer shall be set for a date that is not
less than fitieen (15) and not more than sixty (60) days from the date
that the request for a hearing is filed in accordance with the provisions
of Title 6 of this Code. The person requesting the hearing shall be
notified of the time and place set for the hearing at least ten (10) days
prior to the date of the hearing.
C. The hearing officer shall consider all evidence that is relevant to
whether the violation(s) occulTed and whether the responsible person
has caused or maintained the violation(s) of Title 6 of this Code on the
date(s) specified in thc Administrative Citation.
D. The rcsponsible person contesting thc Administrative Citation shall be
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given the opportunity to testify and present witnesses and evidence
concerning the Administrative Citation.
E.
The failure of any recipient of an Administrative Citation to appear at
the Administrative Citation hearing shall constitute a failure to exhaust
one's administrative remedies.
F.
Thc Administrativc Citation and any additional documents submitted
by thc Animal Control Otllcer, or other authorized officer, shall
constitute prima facia evidencc of the respective facts contained in
those documents.
G.
At least five (5) days prior to the hearing, the recipient of an
Administrative Citation shall be provided with copies of the citations,
reports and other documents submitted or relied upon by the Animal
Control Officer. or other authorized officer.
H.
The hearing officer may continue the hearing and request additional
information from the Animal Control Officer, or other authorized
otllcer, or thc recipient of the Administrative Citation prior to issuing
a written Decision.
6,44.100
Hcaring Officer's Decision
Atier considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue and mail by first class mail the written
Decision within ten (10) days of the completion of the hearing to uphold or
deny the Administrative Citation and shall list in the Decision the reasons for
that Decision. The Decision of the Hearing Officer is final, subject to the right
to appcal to the Animal Control Commission as provided in Section 6.44.120
of the San Bernardino Municipal Code.
6.44.110
A.
Failure to Pay Fines
Absent the remedy of the violations(s) cited in the Administrative
Citation, the failure of any person to pay the civil tines assessed by an
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Administrative Citation shall result in the following late fee schedule:
1.
Failure to pay the Administrative Citation within 15 days after
the datc the citation was issued by an officer, or within 10 days
after the datc the written decision of the Hearing Officer is
mailed, or within 20 days after the date the written decision of
the Animal Control Commission is mailed, whichever is later,
shall rcsult in a twenty-five dollar ($25.00) late penalty
assessed.
2.
Any fincs and late fees which remain outstanding thirty (30)
days beyond the date the citation was issued by an officer, or
beyond 20 days after the date the written decision of the
Hearing Ofticer is mailcd, or beyond 30 days after the date the
written decision of the Animal Control Commission is mailed.
whichevcr is later. shall have assessed an additional twenty-
five dollar ($25.00) late penalty, for a total of tlfty dollars
($50.00) latc fec.
B.
The City may pursue any other legal remedy to collect the fines,
including the appointmcnt of a private collection agency, acting on
behalf of the City of San Bernardino as it's agent, to pursue and collect
tines as determined by contract agreement and approved by the Mayor
and Common Council. The City may also recover its collection costs,
along with fines assesscd, according to proof of attempts to collect the
debt.
6.44.120
Appeal of Hearing Officer's Decision
A
Any person aggrieved by the Decision of the Hearing Officer on an
Administrative Citation may obtain a review of the decision by filing
an appeal with the Animal Control Commission for the City of San
Bernardino.
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The appeal shall be tiled with the City Clerk within ten (10)
days following the mailing of the Decision of the Hearing
Otlieer and shall include the payment of all applicable appeal
fees. Thc appeal shall be in writing and shall set forth (a) the
specifie action appealed from, (b) the specific grounds for the
appeal, and (c) thc relief or action sought from the Animal
Control Commission. In the event any notice of appeal fails
to set forth all information required by this section, the City
Clerk shall return the same to the appellant with a statement
stating in which respects the appeal application is deficient,
and the appellant shall thereafter be allowed ten (10) days
from the date the City Clerk mailed the rejected appeal
application in which to properly re-file the appeal.
2.
A hearing belore the Animal Control Commission shall be set
for a date that is not less than fifteen (15) and not more than
sixty (60) days trom thc date that the request tor an appeal is
tiled in aecordance with the provisions of this Chapter. The
person rcquesting the appeal shall be notitied of the time and
place set tor the hearing at least ten (10) days prior to the date
of the appeal.
3.
The Animal Control Commission shall consider all evidence
that is relcvant to whether the violation(s) occurred and
whether the responsible person has caused or maintained the
violation(s) of Title 6 of this Code on the date(s) specified in
the Administrative Citation.
The responsible person contesting the Administrative Citation
shall be given the opportunity to testify and present witnesses
and evidence concerning the Administrative Citation.
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5.
The failure of any recipicnt of an Administrative Citation to
appear at the Administrative Citation appeal shall constitute a
failure to exhaust one's administrative remedies.
6.
The Administrative Citation and any additional documents
submitted by the Animal Control Oflieer, or other authorized
otticer, shall constitute prima facia evidence of the respective
facts contained in those documents.
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At least five (5) days prior to the appeal hearing, the recipient
of an Administrative Citation shall be provided with copies of
the citations, reports and other documents submitted or relied
upon by thc Animal Control Officer, or other authorized
officer.
8.
The Animal Control Commission may continue the hearing
and requcst additional information from the Animal Control
Onicer, or other authorized otticer, or the recipient of the
Administrative Citation prior to issuing a written Decision.
9.
Thc Mayor and Common Council may, by Resolution,
establish a fee for the processing of an appeal.
6.44,130
Animal Control Commission's Decision
A
A lier considering all of the testimony and evidence submitted at the
appeal, the Animal Control Commission shall issue and mail a written
Decision within ten (10) days of the hearing to uphold or deny the
Administrative Citation and shall list in the Decision the reasons for
that Decision. The Decision of the Animal Control Commission shall
be final and conclusive and shall not be subject to appeal to the Mayor
and Common Council.
B.
The rccipient of the Administrative Citation shall be served with a
copy of the Animal Control Commission's writtcn Decision by
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certified and by first class mail.
6.44.140
Right to Judicial Rcview
The City of San Bernardino shall take all lawful steps to insure that any
appellant aggrieved by said Decision of the Animal Control Commission shall
be afforded prompt judicial review if such decision is challenged in Court.
6.44.150
Severability
I f any section, subsection, part, clause, sentence, or phrase of this Chapter or
application thereof is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, the validity of the
remaining portions of this Chapter. thc application thereof, and the tines
imposed shall not be atfected thereby, but shall rcmain in full force and effect,
it being the intention of the City Council to adopt eaeh and every section,
subsection, part, clause, scntence, or phrase regardless of whether any other
scction, subsection, part, clause, sentencc, or phrase or the application thereof
ifheld to be invalid or unconstitutional.
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- Me-l085
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND
:> ADDING CHAPTER 6.44 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ENFORCEMENT AND PENALTIES FOR
3 VIOLATIONS OF ANIMAL CONTROL OIW1NANCES
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ~~~~in meeting
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thereof: held on the
18th
day of September ,2000, by the following vote,
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to \vil:
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COUNCIL MEMBERS: AYES
ESTRADA x
LIEN X
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON X
McCAMMACK X
ABSTAIN ABSENT
NAYS
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Rachel G. Clark, City Clerk
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The fi)regoing ordinance is hereby approved this 20th
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JUD TH V ALLES, Mayor
. y of San Bernardino
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Approved as to
form and legal content:
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JAMES F. PENMAN,
Cit), Attornev
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