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HomeMy WebLinkAboutMC-14701 2, i 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19'i 20 21 22 23 24 25 26 27 28 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// IlI IIl HI IlI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 y X k k X '� ABSTAIN ABSENT Georgeann fi6ia, CMC, City Clerk The foregoing Ordinance is hereby approved this 7b day of March 2018. j - /); "-)� C R. Carey Davis,�adino ayor City of San Be Approved as to form: Gary D. Saenz, City Attorney 0