HomeMy WebLinkAboutOrd 1879ORDINANCE NO. 1879
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AMENDING CHAPTER 9.04 OF THE BURLINGAME MUNICIPAL CODE TO
ALLOW THE CITY COUNCIL TO MAKE REVISIONS TO THE ANIMAL CONTROL
FEE SCHEDULE BY A RESOLUTION ADOPTING OR AMENDING THE MASTER
FEESCHEDULE
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Division 1. Background
The City of Burlingame and the other Cities in San Mateo County, work in concert with the
County of San Mateo and other cities in the County, to use a common animal control ordinance
regarding the licensing, fee structure and control of dogs. Recently, the County has adopted
revised provisions regarding the fees and charges related to the provision of animal services.
Under the agreement between the City and the County, the City must adopt the revised fees, as
enacted by the County, within sixty (60) days. Currently, the fee schedule for animal services is
contained in the ordinance. The proposed amendment removes the fee revision process from the
ordinance and allows the City Council to set or revise the fees by adoption of a resolution
amending the Master Fee Schedule,
Division 2. Chapter 9.04 of the Burlingame Municipal Code is amended as follows:
Section I:
Section 9.04.015, "Dangerous animal permit required", subsection (c), is hereby repealed and a
new subsection (c) is added, to read as follows:
"If, after hivestigation by an animal control officer or a peace officer, that officer
determines that probable cause does not exist to believe the animal is dangerous,
any interested person may appeal that determination by submitting within five (5)
calendar days of the decision a written request to the animal control officer or a peace
officer for a hearing and paying the required fee as provided by Section 9.04.031.
The hearing shall be conducted according to the procedures set forth in Section
9.04.016-1 of this chapter."
Section 2:
Section 9.04.016-1, "Hearing procedures", subsection (f), is hereby repealed and a new
subsection (f) is added, to read as follows:
"Unless the hearing officer for good cause otherwise determines, the owner of
the animal is liable for all costs related to such hearing."
Section 3:
Section 9.04.020, "Animals to be impounded", subsection (d), is hereby repealed and a new
subsection (d) is added, to read as follows:
"Except as otherwise provided in this chapter or state law, an impounded animal
may be redeemed by the owner, after payment of the required fees and charges as
provided in section 9.04.031 and after compliance with licensing requirements. In the
event that the animal is not so redeemed within the time set forth by state law, it may
be disposed of in the manner determined by an animal control officer."
Section 4:
Section 9.04.026-1,
"Quarantine fee",
is hereby
repealed and a new section 9.04.026 -lis added,
to read as
follows:
adopting or
amending
"A fee shall be charged for the costs incurred by county for the quarantine of animals
including but not limited to investigation, inspection of property, confinement,
examination and release of the animal from quarantine. The fee charged shall be paid by
the owner or person who has custody of the animal. Such fee shall be in addition to the
actual costs of the health officer or his or her designee in housing, feeding and otherwise
caring for a quarantined animal. Such fee shall be as provided in Section 9.04.031.
Section 5:
Section 9.04.031, "Schedule of fees and charges", is hereby repealed and a new section 9.04.031,
entitled "Fees and charges", is added, to read as follows:
"The fees
and charges
under this
chapter shall be set or
revised by City Council
resolution
adopting or
amending
the City's Master Fee
Schedule."
Division 3. Severability.
If any of the provisions of this ordinance or the application thereof to any person or circumstance
is held invalid, the remainder of those provisions, including the application of such part or
provisions to persons or circumstances other than those to which it is held invalid, shall not be
affected thereby and shall continue in full force and effect. To this end, the provisions of this
Chapter are severable.
Division 4. Environmental Findings.
The Planning Department has determined that the actions contemplated in this ordinance are in
compliance with the California Environmental Quality Act because there exists no possibility
that the
enactment
of this regulatory ordinance
may have a significant effect on the environment
(CEQA
Guidelines
section 15061(b)(3)).
This ordinance shall be published in accordance with the requirements of state law.
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing
ordinance was introduced at a regular meeting of the City Council held on the 4th day of September,
2012, and adopted thereafter at a regular meeting of the City Council held on the 17th day of September,
2012, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mary Elle Kearney, City Clerk