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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Code is amended as follows: Section I: Section 9.04.015, "Dangerous animal permit required", subsection (c), is hereby repealed and a new subsection (c) is added, to read as follows: "If, after hivestigation by an animal control officer or a peace officer, that officer determines that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 Section 2: Section 9.04.016-1, "Hearing procedures", subsection (f), is hereby repealed and a new subsection (f) is added, to read as follows: "Unless the hearing officer for good cause otherwise determines, the owner of the animal is liable for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 Section 3: Section 9.04.020, "Animals to be impounded", subsection (d), is hereby repealed and a new subsection (d) is added, to read as follows: "Except as otherwise provided in this chapter or state law, an impounded animal may be redeemed by the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