CITY OF SIGNAL HILL Cherry Avenue Signal Hill, CA

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1 November 17, 2009 CITY OF SIGNAL HILL 2175 Cherry Avenue Signal Hill, CA AGENDA ITEM TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL KATHY SORENSEN DIRECTOR OF COMMUNITY SERVICES SUBJECT: ADOPTION OF A RESOLUTION ESTABLISHING THE AMOUNT OF ADMINISTRATIVE FINES FOR VIOLATION OF CHAPTER 6.04 OF THE MUNICIPAL CODE Summary: Animal Control administrative citation fines will be presented for adoption. These fines include such violations as the leash law, barking dogs, and failure to have a license or permit for an animal. Recommendations: Waive further reading and adopt the following resolution, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ESTABLISHING THE AMOUNT OF ADMINISTRATIVE FINES FOR VIOLATION OF CHAPTER 6.04 OF THE SIGNAL HILL MUNICIPAL CODE RELATING TO ANIMAL CONTROL, AND AMENDING THE UNIFORM SCHEDULE OF FEES TO INCLUDE SUCH FINES Fiscal Impact: All fines for the citation process shall be retained by Signal Hill and deducted from the annual Animal Control contract cost.

2 Animal Control Adopt Resolution Establishing Fines November 17, 2009 Page 2 Background and Analysis: At the October 20, 2009 City Council meeting, the above resolution regarding the administrative citation fines and fees was discussed and tabled for clarification on whether the City of Signal Hill receives all or part of the fines collected. Upon further discussion with the City of Long Beach Animal Control, Section 4 of the existing contract does give Signal Hill retention of all fines imposed by the Signal Hill Municipal Code for violations of animal control ordinances. Therefore, the fines payable by Signal Hill residents that are imposed by this Administrative Citation belong to the City. As with the current arrangement with Animal Control, fines from the citation process will be deducted from the year end contract cost. For Fiscal Year 2009/10 that budgeted cost is $61,954 minus dog license receipts, and now the citation fines. Specifically this Administrative Citation process provides for a first and second violation and fines for subsequent violations in the following areas: Unlicensed dog or failure to have a permit for fowl, rabbits and goats etc. First Violation: $55 Second Violation with in 12 months: $110 Subsequent Violations $275 Violations for a variety of animal control regulations including leash law, feces removal, barking dogs etc. First Violation: $100 Second Violation with in 12 months: $200 Subsequent Violations $500 Not following the animal breeding and transfer laws First Violation: $350 Second Violation within 12 months: $700 Subsequent Violations $1,000 Non compliance of the Vicious Animal penalty process First Violation: $350 Second Violation within 12 months: $700 Subsequent Violations $1,000 Administrative Citation Appeal Process for parties who request an appeal hearing to dispute the citation. Cost of the citation plus $550. The Signal Hill Police Department can write these citations and will be provided an Administrative Citation booklet and training from Long Beach Animal Control. Police volunteers cannot write a citation but can witness the violation and call for an officer to come and issue a citation.

3 Animal Control Adopt Resolution Establishing Fines November 17, 2009 Page 3 Reviewed by: Maida Alcantara Approved: Kenneth C. Farfsing Attachments

4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ESTABLISHING THE AMOUNT OF ADMINISTRATIVE FINES FOR VIOLATION OF CHAPTER 6.04 OF THE SIGNAL HILL MUNICIPAL CODE RELATING TO ANIMAL CONTROL, AND AMENDING RESOLUTION NO AMENDING THE UNIFORM SCHEDULE OF FEES TO INCLUDE SUCH FINES WHEREAS, on October 20, 2009, the City Council of the City of Signal Hill, California ( City Council ) adopted Ordinance No , which amended Chapter 6.04 of the Signal Hill Municipal Code relating to Animal Control to incorporate by reference the animal control regulations of the City of Long Beach, California ( Long Beach ); and WHEREAS, the Long Beach animal control regulations provide for the issuance of administrative citations imposing a fine upon persons in violation of such regulations; and WHEREAS, pursuant to Government Code , the City Council may not adopt by reference the penalties in the Long Beach animal control regulations, but rather must adopt its own penalties independently; and WHEREAS, Section (E) of the Signal Hill Municipal Code provides that the administrative fines for violation of Chapter 6.04 relating to Animal Control shall be in an amount established by the City Council by resolution; and WHEREAS, the City Council has determined that the administrative fines indicated herein are of an appropriate amount for violation of the Animal Control provisions in Chapter 6.04 of the Signal Hill Municipal Code; and WHEREAS, the City of Signal Hill lists the amount of the fine for other types of administrative citations under the Signal Hill Municipal Code in the City s Uniform Schedule of Fees.

5 NOW, THEREFORE, BE IT RESOLVED: 1. The administrative fines for violation of Chapter 6.04 of the Signal Hill Municipal Code, relating to Animal Control, as authorized by Section (E), shall be those fines indicated on the attached Exhibit A to this Resolution ( Animal Control Fines ). 2. The City s Uniform Schedule of Fees, entitled City of Signal Hill Schedule of Service Fees and Charges, Fiscal Year , adopted by Resolution No , is hereby amended to include the Animal Control Fines, and is attached in full hereto as Exhibit B, to be effective on 17 th day of November PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Signal Hill, California, on this 17 th day of November ATTEST: ELLEN WARD MAYOR KATHLEEN L. PACHECO CITY CLERK 2

6 CITY OF SIGNAL HILL ) COUNTY OF LOS ANGELES ) ss. STATE OF CALIFORNIA ) I, KATHLEEN L. PACHECO, City Clerk of the City of Signal Hill, California, do hereby certify that the foregoing Resolution No. was duly adopted at a regular meeting of the City Council of the City of Signal Hill, California, on the 17th day of November 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN L. PACHECO CITY CLERK 3