HomeMy WebLinkAbout03/02/1988 Donald K. Ratty, Chair
James H. Childs
Kevin McDermott
Staff: John Stinson
AGENDA
BUDGET AND FINANCE COMMITTEE
Wednesday, March 2, 1988
12:00 Noon
City Manager's Conference Room
ITEM #1
REFUSE CONTRACT
ITEM #2
WAYNE MAXWELL (ANIMAL CONTROL)
ITEM #3
PUBLIC WORKS CONTRACTS
ITEM #4
RETIREE MEDICAL INCREASE IN PREMIUMS
*Meetings will be limited to one hour.
Wedr, esday - MarCh 2, 1988
~.~er~da for Budqet arid Fir~ance:
1. Refuse Cor~tract
2. Wayr~e Maxwell (Animal
3. Public Works Cor~tracts
MEMORANDUM
February 23, 1988
TO: John Stinson, City Manager's Office
FROM: Laura C. Marino, City Attorney's Office ~l
SUBJECT: Letter from Bakersfield Society for the Prevention of
Cruelty to Animals
I have reviewed the attached letter and code sections. I concur
with the opinion w~th the exception that the Government COde sec-
tion is 53074 rather than 53072.
LCM/meg
M.STINSON2
Attachment
BAKERSFIELD SOCIETY FOR TitE PREVENT]OH OF CRUELTY TO ANIMALS
Route 5, Box 547 · 6851 Edison Highway ° Bakersheld, California 93307 · (805) 366-3234
February 19, 1988
OFFICERS ANO DIRECTORS
Dear Mr, Stinson,
Lar~y Radanovich
Presidenl
Ruth AnnHarper In regards to the 'recommendations made by Mr. Wayne
President Elect Maxwell to modify the existing leash law.
Marcie I(niltel
Vice President
SlellaMcMurtrey After extensive research, I have found no existing laws
Past President which would enforce a law that Mr. Maxwell has proposed.
Jim Harlzell
Recording Secretary The Ad Hoc Committee on animal control, which D. Anne
KimMcNeil Eeilly, has been a active member for the past eighteen
Corresponding Secretary
GregHonegger months, has addr'essed recommendations in the like of Mr.
lreasurer Maxwells"s. The committee is made of various animal and
Dr. NormanLohr, D.V.M. business related professionals and legal council.
Dr. Roberta Guy, M.D.
J0hnKammeyer County council has determined that Government Code 5307~
Ethel Miksits (see attached) has covered the subject brought forth by
OayDeTuncq Mr. Maxwell. It was also determined by county council
SoonToh that no city or county ordinance can overrule the
Government Code.
We are aware that Mr. Maxwell has had some problems with
animals in the past. The problems were brought to our
attention and handled by our officers. Citations were
issued for leash law violations and~for unlicensed dog
violations.
Since~ly,
~~e!:~~Lt' M. Ova'iraqi;Control Officer
Bakersfield S.P.C.A.
We depend upon your contributions · Donations are tax deductible
~'". ...../ has not strayed from and is upon private property owned by.:'.~
Preservation of Health of Domestic Livestock: Payment of the dog owner or the person 'who has a right to control t]~
Expenses. dog, or upon private property to which the dog owner or'.~:
person who ha~ a right to 'control the dog h~$ a right
· ': (Go,-. 2.5800.)The board of supervisors shall adopt
?.. .,'. possession.
.,.:... orders and enact ordinances not in conflict with state or
.;.:.. · federal taws necessary for the preservation of the health of ~
· ' '. private prope~.af his.c~m~ or.the penon.w~.,.~~.h~....~ ~
¥- domestic livestock, and provide for the payment of all ex- %.~' to'co~ltrol th~..d0g ,h~q.nol:.l~.aeiz~l.or~ao~ilJ~i
. .: .. peases incurred in enforcing them. The expenses of enforce- ,: such' a ~. _~:~itation maz'l~.j~u~l".,.~
.. '. meat are a county' charge and are payable in the same man- '~tmt if in such'.~[litualion.the:pwner':or, per~n~.?...~._.'.,..l~..[$
"~5"" r~aid.ner and{EnactedOUt of thai 947.)same funds as other county charges are right.to
'potmd .~l_.;-.'but the officer or employee of a~y animal
Performance of Duties of Poundmaster: Fees. ~ agency shall po~ a notice ~f suets impounding on the front'~
'~ door of the living unit of. the owner or peraoa who
(Go,. 27g~.) If a pound district is created by she board right to control the dol~; Sue.!i'hofi~:~ shall state-the follow- ~ ':':~:.'~.:
of supervtsors pursuant to law and no poundmaster is ap- lng: that the dog has beell imI~ounded, where the dog is l~--~
pointed for the district or if appointed has not qualified, the ing held, the nallle, address; mad telephone numbe:' of th~!i'-~
constable shall perform the duties of the poundmaster in agency or person tO be colltacted regal-ding relate of th~? ' ~:..: .-'
:~' districts in the judicial district for which he is elected or ap- dog, and an indication of/the ultimate disposition of
"?' ~ pointed and shall collect for his services the fees allowed by ""~ dog if no a_etlon to regain it ia taken within a specified
-' law to poundmasters. (Enacted 194"/; last amended 1951.) ""-' .. ':":";7:'"':;'
· . .. ~ period of time by its owner 6r by the pardon who has a right~ :.- ~." :': "' "~-'-'- ;.
'-: to control the dog.
· '-:' ' City Ordinance May Reduce Misdemeanor to Infraction: This section shall not otherwise affect existing authority
-.:::... Maximum Penalties. '3 to seize or impound a dog or issue citations, as a result of a
-: (Gov. 36900.) (a) Violation of a city ordinance i~ a misde- dog's being on property other than that owned by its owner
;;'.:. meanor unless by ordinance it is made an infraction. Such a or the person who has a right to control the dog.
'-:: ':' violation may be prosecuted by city authorities in the name This section shall not be construed as prohibiting any
.¥. of the people of the State of California, or redressed by civil person from killing a dog in thc situations authoriz~l by
action. Sections 31102, 31104, and 31152 of the Food and
(b) Every violation determined to be an infraction is Agricultural Code. (Enacted 19'/6.)
dollars (S100) for a second violation of the same ordinance
vices relating to dogs, including but not limited to animal
owned or harbored within city limits. The annua cerise fee r - ' : '.:' t'- "4" .:.~:. ":'"';'"."~> '
law or any local ordinance, an officer or employ~'e of any ' -' ' ''~-'':: ' '::'::;:.( · -.: - ' ~''