HomeMy WebLinkAbout24-Animal Control
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jon Cicirelli
Director
Dept: Animal Control
Subject: Proposed Ordinance
Revising Penalty Section of Title 6,
"Animals" of Municipal Code and
proposed amendment revising
Animal Advisory Commission duties
- Section 2.26.020.
Date: August 25, 2000
Synopsis of Previous Council Action:
5/8/2000 - Legislative Review Committee directed preparation of ordinance changes to
Municipal Code.
6/12/2000 - Legislative Review Committee referred draft ordinance to Animal Advisory
Commission.
7/12/2000 - Animal Advisory Commission referred draft ordinance back to Legislative
Review Committee
Recommended Motion:
1)
2)
That said ordinances be laid over for final adoption. .
Authorize the Director of Finance to amend the FY 2000/2001 budget to transfer
$5,000 from Account No. 124-232-5014 (Salaries - Temp/Part Time) to Account
No. 124-232-5505 (Professional/Contractu I)
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Signature
Contact person:
Jon Ciciralli
phona' 5275
Supporting data attached:
Staff reDort
Ward:
FUNDING REQUIREMENTS: Amount: $5,000.00
Source: (Acct. No.) 124-232-5505
(A~d n~~~riptinn) Prnf~~~innl'lI/Cnntrl'ldlll'l1
Finance: Idb; ;j{~J fLY-
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Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: An ordinance amending Chapter 6.42.010 and adding Chapter 5.44 of the San
Bemardino Municipal Code relating to the enforcement and penalties for violations of Animal
Control ordinances, and an ordinance amending Chapter 2.26.020 relating to the duties of the
Animal Advisory Commission.
Background: On May 8, 2000, the Director of Animal Control presented a proposal for changes
to the current penalties section of Title 6 of the Municipal Code. The proposed changes include
the ability to establish a hearing officer for violations of the City animal control laws, allowing
for an administrative citation process, making multiple offenders punishable by misdemeanors,
and bringing all fines in alignment with City and State codes.
These changes do not exclude the current methods used by Animal Control. Instead, these
changes would broaden the division's abilities to collect fines and gain compliance with City
ordinances.
Most of the fmes in Title 6 (Animals) would increase with the adoption of this ordinance.
Citizens would be given 15 days to provide proof of correction for violations of correctable
offenses. In these cases, a $100.00 maximum fme would be reduced to $15.00. The two most
common citations issued (65% of total) are failure by an owner to license their dog and failure of
an owner to provide a rabies vaccination for their dog. Both of these fmes are correctable
offenses. These fines are consistent with City Municipal Code 1.12.010 (B) for violations of
infractions.
An additional benefit of the proposed hearing officer is to establish a mediator for neighbor
disputes over subjective violations such as dogs barking and roosters crowing.
On June 12,2000, a draft ordinance was presented to the Legislative Review Committee. The
Committee referred the item to the City Attomey and the Animal Advisory Commission for
further review.
At its July 12,2000, meeting, the Animal Advisory Commission voted unanimously to
recommend that Council approve these changes. In addition, the Animal Advisory Commission
has accepted responsibility for conducting hearings of appeals to the Hearing Officer's decisions.
The funds available for transfer from Account No. 124-232-5014 are savings from unfilled
License Checker positions.
Fiscal Impact: Annual estimated cost to the City for the hearing officer is $5,000.00. Increased
fme revenues will offset that cost. These funds would be transferred from Account No. 124-232-
5014 (Salaries Temporary/Part Time) to Account No. 124-232-5505 (Professional Contracts).
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Recommendation: Thai said ordinances be laid over for final adoption and that the Director of
Finance be authorized 10 amend the FY 2000-2001 budget to reflec1 the transfer of$5,OOO from
Account No. 124-232-5014 (Salaries Temporary/Part Time) to Account No. 124-232-5505
(Professional Contracts).
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([U~,\(
ORDINANCE NO.
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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
" MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND
PENALTIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES
)
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION t.
Section 6.42,0 I () of the San Bernardino Municipal Code is
'I here b) amended 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 wi1h the
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provisions of Title 6. To the extent that such compliance may be
achieved by alternate methods of enforcement the following separate
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and distinct methods may be utilized. Each method set forth herein is
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intended to be mutually exclusive and does not prevent consecutive
methods from being used to achieve compliance against continuing
violations. Each and every day any such violation exists constitutes
a separate offense. Notwithstanding any other provision of this Title
6. each violation of the provisions of this Title may be enforced
alternately as follows:
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A,
Any person who violates any provision of this Title 6 is guilty
of an infraction, which upon conviction thereof is punishable
in accordance with the provisions of section 1,12,0 I 013 of
this Code.
B.
Upon conviction of a fourth violation pursuant to subsection
A above. the violator is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the
provisions of section 1.12,0 I OA of this Code,
SM B/tbllll citat ion.allel
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SECTION 2.
c.
Administrative Citation, Upon a finding by any person so
designated by Chapter 9,90 of this Code, vested with the
authority to enforce 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,
8 Code to read as follows:
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
6.44.130
6.44,140
6.44.150
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6.44.010
A.
SI\rI B/tblllf ciUllioll.anc 1
Legislative Findings and Statement of Purpose
Delinitions
Authoritv
Service Procedures
Contents of Notice
Satisfaction of Administrative Citation
Appeal of Administrative Citation
Hearing Ot1icer
Hearing Procedure
Hearing Officer's Decision
Failure to Pay Fines
Appeal of Hearing Officer'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 alternative method of enforcement for violations of Title 6 of this
Code. The Mayor and Common Council further find that an
appropriate method of enforcement for animal control violations is an
Administrative Citation Program as authorized by Government Code
Section 53069.4,
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B,
The procedures established in this Chapter shall be in addition to
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
c.
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 tines;
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;
5.
To minimize the expense and delay where the sole remedy is
to pursue responsible parties 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.\ponsible 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 Officer, 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.
6.44.030
Authority
A.
Any person violating any provision of Title 6 of this Code may be
issued an Administrative Citation by an Animal Control Officer, or
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other authorized officer, as provided in this Chapter.
Each and every day a violation of Title 6 of this Code
exists constitutes a separate and distinct offense,
c.
Any tine 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 tine not exceeding one hundred dollars ($100.00) for a
first violation;
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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 five 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 the concurrence of the City Attorney, may be
issued to the responsible person by an Animal Control Officer, or other
authorized ofticer. for 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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5MB/lhllllL'itatioll,anc I
Citation is issued:
I.
The Animal Control Officer, or other authorized
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otlicer. shall attempt to locate and personally serve the
responsible person and obtain the signature of the
responsible person on the Administrative Citation.
Upon such personal service, if the responsible person
refuses or fails to sign the Administrative Citation, the
lailurc or relusal to sign shall not affect the validity of
the Administrative Citation or of subsequent
proceedings,
2.
Service of Citation by Mail. If the Animal Control Officer, or
other authorized officer. is unable to locate the responsible
person. the Administrative Citation shall be mailed to the
responsible person by certilied mail, postage prepaid with a
requested return receipt.
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Service of Citation by Posting Notice. If the Animal Control
Officer, or other authorized officer, does not succeed in
personally serving the responsible person, or service by
certilied mail, the Animal Control Officer, or other authorized
ofticer, shall post the Administrative Citation on the real
property within the City in which the violation occurs, or on
any other property lor which the ofticer has knowledge that
the responsible person has a legal interest.
Contents of Notice
Each Administrative Citation shall contain the following information:
l.
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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violated and a description of the violation(s):
An order to the responsible person to correct the violation(s)
within a specified time, and an explanation of the
consequences of failure to correct the violation(s);
4,
The amount of the fine for the violation(s);
An explanation of how the fine shall be paid and the time
period by which it shall be paid.
Identification of rights of appeal. including the time within
which the Citation may be contested and the place to obtain a
5.
6.
Request tor Hearing form to contest the Administrative
Citation; and
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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 shall do the following:
I.
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
2.
specitied in this Chapter or by Resolution;
Pay the tine to the City within fifteen (15) days from the
issue date of the Administrative Citation if the violation is not
remedied within said tifteen (15) days. All tines 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 turther enforcement action by the
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City.
Appeal of Administrative Citation
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6"'-1.070
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Any recipient of an Administrative Citation may contest that there
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was a violation of Title 6 of this Code or that he or she is the responsible
person by completing a Request tor Hearing form and returning it to the City
('krk within titieen (15) days of receiving the citation,
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6.-I-I.OHO
Hearing Oftlcer
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The Mayor or the Mayor's designee shall designate the hearing officer for the
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Administrative Citation hearing. The hearing officer shall not be a City of
San Bernardino employee, The retention and compensation of the hearing
otlicer, if any, shall not be directly or indirectly conditioned upon the amount
of Administrative Citation tines upheld by the hearing ot1icer.
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6.44.090
Hearing Procedure
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A.
No hearing to contest an Administrative Citation before a hearing
officer shall be held unless and until a request for a hearing form has
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been completed and submitted,
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B,
A hearing before the hearing officer shall be set for a date that is not
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less than tltieen (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
notitied 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) occurred and whether the responsible person
has caused or maintained the violation(s) of Title 6 of this Code on the
D,
date(s) specitled in the Administrative Citation.
The responsible person contesting the Administrative Citation shall be
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given the opportunity to testify and present witnesses and evidence
concerning the Administrative Citation,
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E,
The failure of any recipient of an Administrative Citation to appear at
the Administrative Citation hearing shall constitute a failure to exhaust
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one's administrative remedies,
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F.
The Administrative Citation and any additional documents submitted
hy the Animal Control Officer. or other authorized officer. shall
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constitute prima facia evidence of the respective facts contained in
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those documents.
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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 officeL
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The hearing officer may continue the hearing and request additional
information from the Animal Control Officer, or other authorized
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otlicer. or the recipient of the Administrative Citation prior to issuing
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a written Decision_
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6.44.100
Hearing Officer's Decision
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After 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 appeal 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 fines assessed by an
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Administrative Citation shall result in the following late fee schedule:
I.
Failure to pay the Administrative Citation within 15 days after
the date the citation was issued by an officer, or within 10 days
atier the date 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 result in a twenty-five dollar ($25_00) late penalty
assessed.
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Any lines and late tees which remain outstanding thirty (30)
days beyond the date the citation was issued by an officer, or
beyond 20 days atier the date the written decision of the
Hearing Otlicer is mailed. or beyond 30 days after the date the
written decision of the Animal Control Commission is mailed,
whichever is later, shall have assessed an additional twenty-
live dollar ($25,00) late penalty. for a total of lifty dollars
($50,00) late tee,
B_
The City may pursue any other legal remedy to collect the fines,
including the appointment of a private collection agency, acting on
behalfofthe City of San Bernardino as it's agent, to pursue and collect
lines as determined by contract agreement and approved by the Mayor
and Common CounciL The City may also recover its collection costs,
along with fines assessed, according to proof of attempts to collect the
debt
6.44.120
Appeal of Hearing Otlicer'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
Otlicer and shall include the payment of all applicable appeal
fees. The appeal shall be in writing and shall set forth (a) the
specific action appealed from, (b) the specific grounds for the
appeal. and (c) the 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,
2.
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.
A hearing before the Animal Control Commission shall be set
for a date that is not less than fifteen (15) and not more than
sixty (60) days from the date that the request for an appeal is
filed in accordance with the provisions of this Chapter. The
person requesting the appeal shall be notitied of the time and
place set for the hearing at least ten (10) days prior to the date
of the appeal.
The Animal Control Commission shall consider all evidence
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that is relevant 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 recipient 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 Officer, or other authorized
otlicer, shall constitute prima facia evidence of the respective
facts contained in those documents,
7.
i\tleast live (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 the Animal Control Officer. or other authorized
ofticer.
8.
The Animal Control Commission may continue the hearing
and request additional information from the Animal Control
Officer. or other authorized ofticer, or the recipient of the
Administrative Citation prior to issuing a written Decision.
9.
The Mayor and Common Council may, by Resolution,
establish a fee for the processing of an appeal.
6.-14.130
Animal Control Commission's Decision
A.
Aticr considering all of the testimony and evidence submitted at the
appeal. the Animal Control Commission shall issue and mail a written
Decision within ten (l0) 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 linal and conclusive and shall not be subject to appeal to the Mayor
and Common Council.
B.
The recipient of the Administrative Citation shall be served with a
copy of the Animal Control Commission's written Decision by
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certilied and by lirst class mail.
6.4~. t 40
Right to Judicial Review
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. I 5ll
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, the application thereof, and the fines
imposed shall not be affected thereby. but shall remain in full force and effect.
it being the intention of the City Council to adopt each and every section,
subsection, part, clause, sentence, or phrase regardless of whether any other
section, subsection, part. clause. sentence, or phrase or the application thereof
ifhdd to be invalid or unconstitutional.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND
2 ADDING CHAPTER 6.44 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ENFORCEMENT AND PENALTIES FOR
.. VIOLATIONS OF ANIMAL CONTROL ORDINANCES
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I HEREBY CERTIFY that the toregoing ordinance was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a
meeting
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thereof held on the
day of
, 2000. by the following vote,
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to wit:
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COliNCIL MEMBERS:
AYES
NAYS
ABSTAIN AB5EN[
10 ESTRADA
II LIEN
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15 ANDERSON
16 McCAMMACK
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IS
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Rachel G, Clark, City Clerk
The toregoing ordinance is hereby approved this
day of
,2000.
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22 JUDITH VALLES, Mayor
City of San Bernardino
23 Approved as to
form and legal content:
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JAMES F. PENMAN,
25 City At!orney
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SMllIthlllll:ilaLion.anc I
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
3 AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL
4 COMMISSION
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 2.26 of the San Bernardino Municipal Code is hereby
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amended in its entirety to read as follows:
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Chap1er 2.26
ANIMAL CONTROL COMMISSION
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12 Sections:
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2.26.010
2.26.020
Members - Appointments
Duties
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2.26.010 Members - Appoin1menl.
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16 The Animal Control Commission of the City shall consist of nine members
17 who shall serve at the pleasure of the Mayor and Common Council. Members shall
18 be appointed and serve pursuant to the provisions of Chapter 2.17,
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2.26.020 Duties.
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The Animal Control Commission shall:
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(A) Review all City ordinances and procedures relating to animals and
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animal control, and make recommendations to the Mayor and Common Council
regarding amendment or revision or ordinances or procedures, or the adoption of
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any new program relating to animals;
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(B) Maintain liaison with organizations in the San Bernardino
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community having an interest in matters relating to animals, and cooperate with
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and assist such organizations whenever consistent with the objectives and policies
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(C) Conduct public hearings on matters assigned to the Animal Control
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Commission under the provisions of the San Bernardino Municipal Code.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL
2 CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL
COMMISSION
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~ I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the
, 2000, by the
day of
7 following vote. to wit:
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COl'NCIL ~lEMBERS:
AYES
NAYS
ABST AIN ABSENT
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ESTRADA
LIEN
II
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MCGINNIS
SCHNETZ
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SUAREZ
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ANDERSON
McCAMMACK
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Rachel G. Clark, City Clerk
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Thetoregoing ordinance is hereby approved this
2000.
day of
20
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JUDITH V ALLES, Mayor
City of San Bernardino
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Approved as to
form and legal content:
2~
JAMES F. PENMAN,
City Attorney
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By: /'4~",-,__ J. v\?--"'-~
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