HomeMy WebLinkAbout29-Animal Control
CITY OF SAN BERN()IDINO - REQUEST FO' COUNCIL ACTION
From: Deborah L. Biggs
)irector of Animal Control
Dept: Animal Control
Dete: 10-14-91
Subject: Resolution Establishin9 Certain Fees for
Reclaiming Impounded Animals, Animal Adoption
Services, and other Animal Related Services;
Repealing Resolution 88-126
Synopsis of Previous Council action:
4-18-88
9-23-91
10-14-91
Resolution 88-126 adopted
Ways and Means Committee considered changes
Ways and Means Committee approved changes
Recommended motion:
Adopt Resolution
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Signature
Contact person: Deborah L. Bi QQS
Phone: ~R4_~?7~
Supporting data attached: yes
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75_0262
AQenda Item No
.:29
CITY OF SAN BERNO.DINO - REQUEST I()I COUNCIL ACTION
STAFF REPORT
In April 1988, the Common Council voted to re-establish certain
revenue producing fees that were deleted two years prior. Since
then, staff has deemed it necessary to make a few changes in our
fee schedule. The estimated revenue from the changes below is- in.
excess of $30,000.00.
section 1. Apprehension Fees:
Two goals of the department are to reduce the stray
animal population and to reduce the overpopulation of
dogs and cats. Unaltered animals running loose pose
a greater danger to the community. These animals are
also capable of reproducing, adding to the thousands
of animals that are killed in our shelter each year.
It is therefore recommended that the apprehension fee
schedule contain a differential fee for altered
versus unaltered animals. The $10.00 difference in
fees collected for the unaltered animal will be
refunded to the owner if the owner shows proof of
sterilization within 60 days of redemption. The
proposed fees are:
Altered Animal
Unaltered Animal
First Offense
Second Offense
Third & Subsequent
Offense
$20.00
40.00
60.00 times No.
of offenses
$30.00
50.00
70.00 times No.
of offenses
Section 1. G. After Business Hour Apprehension:
This apprehension fee is being established due to the
overtime costs of sending an officer out after hours. The
average overtime salary of an Animal Control Officer is
$19.37 per hour (not including benefits).
Note: The Apprehension Fee schedule shall be assessed
against the owner/caretaker rather than based on the
number of apprehensions of any particular animal.
For example, John Doe owns two dogs. An Officer
impounds dog #1 for running loose and Mr. Doe pays
the First Apprehension Fee of $20.00. Two months
later, dog #2 is impounded. Mr. Doe now pays the
Second Apprehension Fee of $40.00.
Revenue is estimated at $1560.00.
section 2. A. Pick-Up Service Charqe:
This fee is charged to residents that request we send an
officer to their home to pick up an animal, although the
owner was not charged an "owner Release Fee". We propose
that this fee now be included (See section 2. D. for Owner
Release Fees).
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section 2. D. OWner Release Fees:
Previously, these fees did not apply to city residents;
only non-residents were charged. However, owner-released
animals from city residents accounted for 29.64% of the
total number of animals received at our facility. We are
proposing that these fees will now apply to city
residents, due to operational increases.
Further, our "Dead Animal Disposal Fees" will increase
from $700.00/month in FY 88 to $900.00/month for FY 92.
These fees will also apply to city veterinarians.
If the present
the potential
$25,000.
rate of
revenue
owner released animals continues,
of the above mentioned fees is
Section 2. E. Quarantine Board Fees:
This is also a new section. When animals are in
quarantine for rabies observation, the animal must be
isolated from other animals; in other words, one animal
p~r cage/run. Under normal conditions, up to three medium
S1ze dogs can be housed in one run. The normal "Board
Fee" is $5.00 per day or part thereof. We are requesting
that Quarantine Board Fees be established at $10.00 per
day or part thereof. Revenue is estimated at $2,000.00.
section 2. F. and G. Rabies Vaccination Deposit and Spay/Neuter
Deposit:
These two charges have been in existence for some time but
not included in the Resolution. Both are necessary to
accomodate state mandates for licensing and the mandatory
collection of a spay/neuter deposit to the animal owner or
veterinarian when services are rendered.
section 3. Animal Related Permits:
The fee schedule, as set forth in S.B.M.C. 6.04 .020,
appears not to have been updated since 1973. Of the fees
on record, the only one presently collected is for "Pet-
ting Zoos", and then only when we happen to find out about
them. It appears that there has been a "lack of communi-
cation" between the departments that issue other permits
or licenses for animal related functions, and our fees go
uncollected. Staff spends a great deal of time answering
complaints of unsanitary conditions and/or inhumane
treatment of animals at these locations, yet this depart-
ment has derived no revenue to offset the cost of inspec-
tions. Many of the fees will be collected prior to the
issuance of a business license, if applicable.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CERTAIN FEES FOR RECLAIMING IMPOUNDED ANIMALS, ANIMAL ADOPTION
SERVICES, AND OTHER ANIMAL RELATED SERVICES; AND REPEALING
RESOLUTION 88-126.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The following schedule of fees is hereby
established for reclaiming dogs and cats impounded by the city:
A.
First Offense-
Altered Animal
$20.00 apprehension fee
B.
Second Offense-
Altered Animal
$40.00 apprehension fee
c. Third and Subsequent $60.00 apprehension fee, times
Offense-Altered Animal the total number of offenses
which have occurred
D.
First Offense-
Unaltered Animal
$30.00 apprehension fee
E.
Second Offense-
Unaltered Animal
$50.00 apprehension fee
F.
Third and Subsequent
Offense-Unaltered
Animal
$70.00 apprehension fee, times
the total number of offenses
which have occurred
G.
After Business Hour
Apprehensions
Above applicable apprehension
fee plus 50%
$5.00 per day or any part
thereof board fee
H.
Board Fee
SECTION 2.
The following schedule of fees are
hereby established for animal related services:
A. Pick-up service charge:
$10.00, plus applicable Owner Release Fees
B.
Adoption fees (to new owners):
$15.00 for each dog or puppy, plus sales tax
$10.00 for each cat or kitten, plus sales tax
C.
.Vaccination Fees:
10-14-91
$6.00 for each dog or cat
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RESOLUTION OF THE CITY
2 CERTAIN FEES FOR RECLAIMING
- SERVICES, AND OTHER ANIMAL
3 RESOLUTION 88-126.
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OF SAN BERNARDINO ESTABLISHING
IMPOUNDED ANIMALS, ANIMAL ADOPTION
RELATED SERVICES; AND REPEALING
D.
OWner Release Fees:
Dogs (over 4 months of age), each $10.00
Dogs (under 4 months of age), each $6.00
Cats and kittens, each $6.00
Litters of puppies/kittens not weaned $10.00/litter
Dead animal disposal, each $3.00
E.
Quarantine Board Fees:
$10.00 per day or part thereof
Rabies Vaccination/Deposit (if applicable):
Rabies vaccination deposit (if applicable) $8.00 for
each dog or cat. '
Spay/Neuter Deposit (if applicable):
Dogs - $20.00 each
Cats - $10.00 each
SECTION 3: The following schedule of fees are hereby
established for animal related permits:
F.
G.
A.
Petting Zoo Permit
$30.00 per event; or $100.00 per
year (unlimited events for same
promoter)
B.
Non-Domestic Animal
Permit
$25.00 each, per year, maximum
three
C.
Animal Menagerie
Aviary
$150.00 per year
$50.00 per year 1-24 birds $100.00
per year 25 and up
D.
E.
Guard Dog on Premises
$25.00 per dog per year, plus dog
license (non-transferable)
F.
Pet Shops
$150.00 per year
$100.00 per year
$150.00 per year
G.
Grooming Parlor
H.
Pet Shop/Grooming
Parlor combination
I.
Circus
$150.00 per event (duration)
$150.00 per event (duration)
J.
Performing Animal
Exhibition
10-14-91
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CERTAIN FEES FOR RECLAIMING IMPOUNDED ANIMALS, ANIMAL ADOPTION
SERVICES, AND OTHER ANIMAL RELATED SERVICES; AND REPEALING
RESOLUTION 88-126.
K. Boarding/Riding Stable $125.00 per year
L. Game Bird Farm $50.00 per year
M. wild Animal Breeding/ $150.00 per year
Boarding Facility
The above animal related permits are in addition to any
business license, if applicable.
SECTION 4. Resolution 88-126 adopted April 18, 1988 is
hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
1991, by the following vote,
,
to wit:
Council Members:
ABSENT
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
10-14-91
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CERTAIN FEES FOR RECLAIMING IMPOUNDED ANIMALS, ANIMAL ADOPTION
SERVICES, AND OTHER ANIMAL RELATED SERVICES; AND REPEALING
RESOLUTION 88-126.
The foregoing resolution is hereby approved this
day of
,
1991.
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
C~~y/i,::~y~~_
B~ -
10-14-91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CERTAIN FEES FOR RECLAIMING IMPOUNDED ANIMALS, ANIMAL ADOPTION
SERVICES, AND OTHER ANIMAL RELATED SERVICES; AND REPEALING
RESOLUTION 88-126.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The following schedule of fees is hereby
established for reclaiming dogs and cats impounded by the city:
A.
B.
C.
D.
E.
F.
G.
H.
$20.00 apprehension fee
First Offense-
Altered Animal
Second Offense-
Altered Animal
$40.00 apprehension fee
Third and Subsequent
Offense-Altered Animal
$60.00 apprehension fee, times
the total number of offenses
which have occurred
First Offense-
Unaltered Animal
$30.00 apprehension fee
Second Offense-
Unaltered Animal
$50.00 apprehension fee
Third and Subsequent
Offense-Unaltered
Animal
$70.00 apprehension fee, times
the total number of offenses
which have occurred
After Business Hour
Apprehensions
Above applicable apprehension
fee plus 50%
Board Fee
$5.00 per day or any part
thereof board fee.
SECTION 2.
The following schedule of fees are hereby
established for animal related services:
A. Pick-up service charge:
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$10.00, plus applicable OWner Release Fees
Adoption fees (to new owners):
$15.00 for each dog or puppy, plus sales tax
$10.00 for each cat or kitten, plus sales tax
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Vaccination Fees:
$6.00 for each dog or cat
Owner Release Fees:
Dogs (over 4 months of age), each $10.00
Dogs (under 4 months of age), each $6.00
Cats and kittens, each $6.00
Litters of puppies/kittens not weaned $lO.OO/litter
Dead animal disposal, each $3.00
Quarantine Board Fees:
F. Rabies vaccination/Deposit (if applicable):
$10.00 per day or part-thereof
Rabies vaccination deposit (if applicable) $8.00 for
each dog or cat.
G. Spay/Neuter Deposit (if applicable):
Dogs - $20.00 each
Cats - $10.00 each
SECTION 3.
Resolution 88-126 adopted April 18, 1988 is
hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
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meeting thereof, held on the
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CERTAIN FEES FOR RECLAIMING IMPOUNDED ANIMALS, ANIMAL ADOPTION
SERVICES, AND OTHER ANIMAL RELATED SERVICES; AND REPEALING
RESOLUTION 88-126.
day of
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day
of
, 1991.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
James F. Penman, City Attorney
FROM:
John N. Martin, Sr. Asst. City Attorney
DATE:
July 1, 1991
RE:
Animal Welfare Act
1. What this decision means is that we have probably been
under the Animal Welfare Act since we first started selling animals
for research, whenever that was.
We have clearly been under the Animal Welfare Act since the
pOlicy and guidelines for selling animals was adopted in November
1988. (There is a "five-day hold" requirement in the original
Animal Welfare Act passed in 1966, but was not enforced against
public shelters and pounds.)
We are clearly under the "Pet Theft Act" Amendment to the
Animal Welfare Act effective February 15, 1991. One of the reasons
of such Amendment is to begin to enforce the criminal and civil
sanctions of the Animal Welfare Act against public pounds and
shelters.
2. If we ceased making animals available for research, then
the "five-day hold" requirement would be lifted, and the SBACS
would be under the provisions of the California Food and
Agriculture Code.
Food and Agriculture Code S3ll08 requires dogs to be
kept for three days.
Food and Agriculture Code S3l752 requires cats to be
kept for three days.
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CITY OF SAN BERNARDINO
OFFICE OF THE CITY ATTORNEY
JAMESF.PENMAN July 1, 1991
City Attorney Opinian Na. 91-22
TO: Councilman Michael Maudsley
Councilman Tom Minor
Re: Pet Theft Act
Yau have asked several questians relative ta the "Pet Theft
Act" Amendment ta the Animal Welfare Act, which mandates the
keeping far five (5) days .of all dags and cats released by .owner .or
strays by a City awned .or .operated paund .or shelter, if that paund
.or shelter has a palicy .of making animals available far research.
Yau asked. the fallawing:
I
ISSUE
Does the "Pet Theft Act" Amendment
. to the Animal Welfare Act (7 USC
2131) apply to the San Bernardino
City Animal Shelter?
ANALYSIS
On Navember 4, 1988, the San Bernardino City Camman Cauncil
adapted prapased palicy guidelines far the sale .of animals for
research which cantained the fallawing pravisians:
Dags and cats qualifying by any .of the fallawing canditians
shall nat be available far research:
(a) Animal has license, .or ather type .of
identificatian;
(b) Animal has abviaus signs .of .ownership and/ar
care;
(c) Animals with natatians indicating inquiry ta
.owners .or interested party;
JNM/aw[pet-thft.apn)
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CITY HALL
300 NORTH '0' STREET. SAN BERNARDINO. CALIFORNIA 92418
(714) 384-5355
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(d) Animals who have been in a home finder program;
(e) Animals whose owners have requested that they
not be released to research;
(f) Animals who have not been available for
adoption by the general public for two (2) working days.
2. Dogs and cats not meeting the above criteria may be sold
to a research institution under the following conditions:
(a) Animals selected and paid for shall not be sold
or released without written permission of research
representative (owner);
(b)
previous
purchase
Animals purchased shall be available
legal owners within three (3) working days
by Research Institute;
to
of
(c) Animals sold shall be handled and transported
in a humane manner.
3. Access to shelter facilities:
(a) Research representative shall be accompanied at
all times by an animal health technician, animal shelter
operations manager, or Director of Animal Control;
(b) The Director shall insure staff availability to
accompany research representative;
(c) Research representative shall be permitted to
make selections on Mondays, Wednesdays and Fridays from
10:00 A.M. to 12:00 noon.
In 1966 Congress passed the Animal Welfare Act (7 USC Sec.
2131 et seq.). Among its provisions was the definition of "dealer"
found at 7 USC Sec. 2132(f):
"The term 'dealer' means any person (as defined in
paragraph 'a'), who, in commerce, for compensation or
profit, delivers for transportation, or transports,
except as a carrier, buys, sells, or negotiates the
purchase or sale of (1) any dog or other animal, whether
alive or dead, for research. "
The City Council's action on November 4, 1988, had the effect
of bringing the San Bernardino City Animal Control Shelter under
the provisions of that act as a "dealer". This section, however,
was not enforced against public Animal Control Shelters at that
time.
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On November 28, 1990, Congress amended the Animal Welfare Act
and added to the Act the section commonly known as the "Pet Theft
Act" (7 USC Sec. 2158 et. seq.) and to dispel any doubt as to
whether or not Public Animal Control Shelters were "dealers" as
defined in the Animal Welfare Act, paragraph (a) was added to 7 USC
Sec. 2158 which says:
Section 2158. Protection.
-
(a) Holding Period
(1) Requirement -
In the case of each dog or cat acquired by an entity
described in paragraph (2), such entity shall hold and
care for such dog or cat for a period of not less than
five days to enable such dog or cat to be recovered by
its original owner or adopted by other individuals before
such entity sells such cat or dog.
(2) Entities Described -
An entity subject to paragraph (1) is:
(A) Each State, County or City owned and operated
pound or shelter; ...
Since the adoption of policy guidelines for the sale of
animals for research by the Common Council, the Animal Welfare Act
has applied to the City, but since the "Pet Theft Act's" effective
date of February 15, 1991, all animals whether released by their
owners or strays have to be kept for not less than five (5) days by
the San Bernardino Animal Control Shelter because of the City's
policy of making animals available for research.
II
ISSUE
What are the sanctions for non-
compliance with the Pet Theft Act?
ANALYSIS
Sanctions for Violation of the Animal Welfare Act are found at
7 USC Sec. 2149(b);
(b) Civil penalties for Violation
section, etc.; separate offenses;
cease and desist order.
of any
failure to obey
Any dealer, ... that violates any provision of this chapter,
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or any rule, regulation or standard promulgated by the Secretary
thereunder, may be assessed a civil penalty by the Secretary of not
more than $2,500 for each such violation, and the Secretary may
also make an order that such person shall cease and desist from
continuing such violation. Each violation and each day during
which a violation continues shall be a separate offense ... . Any
person who knowingly fails to obey a cease and desist order made by
the Secretary under this section shall be subject to a civil
penalty of $1,500 for each offense and each day during which such
failure continues shall be deemed a separate offense.
and
(d) Criminal penalties for violation; ...
Any dealer ... who knowingly violates any provision
of this chapter shall, on conviction thereof, be subject
to imprisonment for not more than 1 year or a fine of not
more than $2,500 or both. ...
These criminal and civil sanctions are specifically referred
to in the "Pet Theft Act" amendment to the Animal Welfare Act at 7
USC Section 2158(c)(1) or (2) which provides:
(c) Enforcement
( 1) In general
Dealers who fail to act according to the
requirement of this section shall be
subject to the penalties provided for under
Section 2149 of this title.
(2) Subsequent violation
Any dealer who violates this section more than one
time shall be subject to a fine of $5,000 per dog or cat
acquired or sold in violation of this section.
As you can see the sanctions for violation are quite severe.
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CONCLUSION
1. The "Pet Theft Act" Amendment to the Animal Welfare Act
does apply to the San Bernardino City Animal Shelter.
2. The sanctions for non-compliance, both Civil and Criminal,
are found in the discussion.
Respectfully submitted,
City Attorney
Concur:
JAMES F. PENMAN
J
Attorney
W.R. Holcomb
Council Members
Rachael Krasney, City Clerk
Craig Graves, City Treasurer
All Department Heads
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