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HomeMy WebLinkAboutMC-405U .. 1 ORDINANCE NO. MC-405 2 ORDINANCE OF THE CITY OF SAN BERNARDINO EXEMPTING PROPERTIES ANNEXED TO THE CITY BETWEEN NOVEMBER 1, 1934 AND AUGUST 1, 1985 3 FROM PROVISIONS OF TITLE SIX OF THE SAN BERNARDINO MUNICIPAL CODE EXCEPT THE FOLLOWING SECTIONS OR CHAPTERS THEREOF: 6.08.050; 4 6.24.020 through 6.24.180 INCLUSIVE; CHAPTER 6.04; CHAPTER 6.20; CHAPTER 6.28; CHAPTER 6.32; CHAPTER 6.34 AND CHAPTER 6.38; AND 5 GRANTING A MORITORIUM ON ENFORCEMENT OF SECTION 6.08.050 WITHIN SUCH NEWLY ANNEXED PROPERTIES FOR TWO YEARS FROM DATE OF 6 ANNEXATION INTO CITY; AND SPECIFYING THAT ANY RESTRICTIONS ON KEEPING OF ANIMALS IN TITLE NINETEEN OF THE SAN BERNARDINO 7 MUNICIPAL CODE RELATING TO ZONING SHALL NOT BE EFFECTIVE AS TO SUCH PROPERTIES, UNLESS ITS USE IS DISCONTINUED FOR 180 DAYS OR 8 MORE, AND DECLARING THE URGENCY THEREOF, EFFECTIVE UPON ADOPTION. 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 10 SECTION 1. Findings. 11 The Mayor and Common Council hereby find that, in seeking to 12 annex territories known generally as the Highland area, Arrowhead 13 Suburban Farms, and various islands of property within the 14 boundaries of the City of San Bernardino which have not previously 15 been included within the city limits of the City of San 16 Bernardino, existing county ordinances are in many cases less 17 strict on the keeping of animals within unincorporated areas of 18 the County than are existing City ordinances within the City. The 19 City has no desire to impose greater restrictions on the areas to 20 be annexed between November 1, 1984 and August 1, 1985, than 21 already exist, and are satisfied that the county ordinances and 22 [I state laws in effect in those territories are sufficient to meet I at least minimal health and safety requirements for the areas I proposed to be annexed, especially in view of the large amounts of I relatively undeveloped lands. One exception is that the keeping Ilof hogs, sows, gilts and boars within the City limits is still I objectionable, and that the present provisions of the San ;1 Bernardino ""nlcipal Code e"iabll"hed in 'eciion 6.08.050 "ho"'d I I 23 24 25 26 27 28 MC-405 -' - I be enforced even in the territory proposed to be annexed after a 2 two-year moritorium. SECTION 2. The provisions of Title Six of the San Bernardino 3 4 Municipal Code shall not apply to any property annexed to the City 5 of San Bernardino between November 1, 1984 and August 1, 1985, 6 with the following exceptions: Section 6.08.050, which shall not 7 apply for two years after the effective date of any such I lannexation; Sections 6.24.020 through 6.24.180, inclusive, and IChapters 6.04, 6.20, 6.28, 6.32, 6.34 and 6.38. All excepted I I sections and chapters, other than Section 6.08.050, shall be I I permanently inapplicable within any property which may be annexed between November 1, 1984 and August 1, 1985, except as otherwise 8 9 10 II 12 13 specified herein, and shall not be enforced within any such area I by personnel of the Animal Control Department, or by any other City employee. The City shall, however, prior to the effective 14 15 16 date of any such annexation, adopt an ordinance covering such 17 property imposing restrictions on the keeping of animals identical 18 with those now in effect under ordinances of the County of San 19 Bernardino. 20 SECTION 3. Any provision of Title Nineteen relating to 21 establishes controls or limitations on the keeping of 22 animals shall not apply to any area annexed to the City of San 23 Bernardino between November 1, 1984 and August 1, 1985. 24 SECTION 4. Exemptions created hereunder from the existing 25 provisions of the San Bernardino Municipal Code will cease to 26 exist as to any property or use which has been abandoned for a 27 period in excess of one hundred eighty (180) days after the , I! Ii annexation of such property to the City of San Bernardino. I I II II 28 -2- ~C-405 .. 1 SECTION 5. Urgency. This Ordinance is adopted as an urgency 2 ordinance and is effective immediately upon its adoption. The 3 facts determined by the Mayor and Common Council to necessitate 4 immediate adoption are that misunderstanding exists concerning 5 restrictions on keeping of animals within the city limits of the 6 City of San Bernardino as opposed to those less restrictive 7 provisions now prevailing within the unincorporated areas of the 8 County of San Bernardino. The Mayor and Common Council have no 9 intention of imposing more strict regulations upon the keeping of 10 animals other than hogs, sows, gilts and boars, than presently 11 exist in the unincorporated areas of the County of San Bernardino. 12 The legislative body of the City of San Bernardino desires at this 13 time to assure the public that no unreasonable restrictions will 14 be imposed upon the keeping of animals in such territory proposed 15 to be annexed. Ballot arguments must be submitted within the next 16 few days, and accurate information should be made available for 17 the preparation of ballot arguments. The Mayor and Common Council 18 therefore determine that this ordinance is adopted as an urgency 19 measure for the safety and welfare of the people of the City of 20 San Bernardino, 21 I HEREBY CERTIFY that the foregoing ordinance was duly 22 adopted by the Mayor and Common Council of the City of San 23 Bernardino at a regular meeting thereof, held 24 20th day of August , 1984, by the following on the 25 vote, to wit: 26 !I/ I! II ~ I I -3- / / / / / / / 27 28 . MC-40S. . 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 '" ~ 1 AYES: Council Members Reilly, Marks, Quiel, Frazier, 2 Strickler 3 None NAYS: 4 Council Members Castaneda, Hernandez ABSENT: 5 6 ~~ / Ci ty Clerk The foregoing ordinance is hereby approved this~1,4.-f day 7 8 of August , 1984. 9 Approved as to form: ~~~ ity Attorney -4-