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Home My WebLink About760 - OrdinancesORDINANCE NO. 760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CLARIFYING REFERENCES IN PROVISIONS OF THE SAN BERNARDINO COUNTY CODE PREVIOUSLY ADOPTED BY REFERENCE, ADOPTING BY REFERENCE CHAPTERS 3 AND 12 OF DIVISION 2 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE, ALL PERTAINING TO THE REGULATION OF ANIMALS, AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga hereby ordains as follows: SECTION 1: In order to clarify references in Chapters 1, 2, and 14 of Division 2 of Title 3 of the San Bernardino County Code (heretofore adopted by reference), to County officers and officials, the County itself and any other matters having reference to the County, such references shall, to the greatest extent possible given the context, be construed and interpreted to refer to and mean City officers and officials, and the City of Rancho Cucamonga. Specific references to the County Code in Chapters 1, 2, 3, 12 and 14 of Division 2 of Title 3 of the San Bernardino County Code shall, to the greatest extent the context permits, be construed as referring to corresponding and/or analogous provisions in the Rancho Cucamonga Municipal Code. References in any of the foregoing Chapters to specific sections of the County Zoning Code shall be disregarded. The City Manager is hereby authorized to render a final determination in the event of any apparent conflict between references in Chapters 1, 2, 3, 12 and/or 14 of Division 2 of Title 3 of the San Bernardino County Code, and the provisions of the Rancho Cucamonga Municipal Code. SECTION 2: As those terms set forth below are used in Chapters 1, 2, 3, 12 and 14 of Division 2 of Title 3 of the San Bernardino County Code pertaining to the regulation of animals, and adopted in Chapter 6.02 of the Rancho Cucamonga Municipal Code, the following definitions shall apply: A. "County", "County of San Bernardino", or "Unincorporated Areas" shall mean and refer to the City of Rancho Cucamonga, unless the context makes clear that the reference is intended to mean the County of San Bernardino without reference to the City. Ordinance No. 760 Page 2 of 6 B. "Chief Officer", "Health Officer", "County Health Officer", "Shelter Keeper", "Public Health Animal Shelter Supervisor", or any similar term shall mean and refer to the City Animal Care and Services Director, or designee thereof, as to matters, services and/or duties falling within the jurisdiction of the City pursuant to Chapter 6.02 of the Rancho Cucamonga Municipal Code, excepting only as to those matters, services and/or duties for which the City elects by agreement to be handled or performed by the County or other entity. C. "Animal Shelter", "Animal Control", "Animal Care and Control Program", or "Department of Public Health" shall mean and include the City of Rancho Cucamonga Animal Care and Adoption Center and related animal care program, or other entity designated by the City Council for purposes of animal licensing, care, control and regulation, including any public or private agency providing animal care and field services pursuant to contract or statute. D. "Animal Control Officer" or "Animal Care and Adoption Center Personnel" shall mean and include the City's Lead Field Services Humane Officer, Field Services Humane Officer, and/or other persons duly appointed to enforce the provisions of Chapter 6.02 of the Rancho Cucamonga Municipal Code. E. "Fees", "County Fee Schedule", or "Schedule of Fees" shall mean and refer to fees specified in Chapter 6.02 of the Rancho Cucamonga Municipal Code unless the fee clearly relates to services performed by the County or other entity designated by the City for which the County or other entity is to be paid in whole or in part by such .fees pursuant to an agreement with the City. F. "Office of Planning" and/or "Environmental Health Services" shall mean and include the City Planning Department, other department of the City, or any public or private agency under contract with the City, providing the most comparable services. G. "Board of Supervisors" shall mean and include the City Council of the City. H. "County Code" shall mean and include the Rancho Cucamonga Municipal Code unless such code reference is clearly intended to refer to services performed in accordance with the San Bernardino County Code. Ordinance No. 760 Page 3 of 6 SECTION 3: Section 6.02.010 of Chapter 6.02 of Title 6 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "6.02.010 County regulations adopted. A. The following chapters of the San Bernardino County Code are hereby adopted by reference in the same manner as if fully set forth herein: 1. Chapter 1 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding Section 32.0120 (Penalties). 2. Chapter 2 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding Section 32.0224 (Penalties). 3. Chapter 3 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding Section 32.037 (Penalties). 4. Chapter 12 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding Section 32.127 (Penalties). 5. Chapter 14 of Division 2 of Title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding Section 32.1409 (Criminal Penalties/Injunction). It is the intent of the City Council in adopting the foregoing County Code provisions that the same shall be enforced within the corporate limits of the City of Rancho Cucamonga to the same extent and with the same authority as would otherwise be applicable to the unincorporated areas of the County of San Bernardino. A certified copy of each of the foregoing provisions of the San Bernardino County Code is on file in the office of the City Clerk. B. Penalties. Any person, firm, partnership, corporation or other entity violating any provision of Chapter 1 or 14 of Division 2 of Title 3 of the San Bernardino County Code shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof such violation is in existence shall be a new and separate offense. Any violator so convicted shall be: Ordinance No. 760 Page 4 of 6 (a) Guilty of an infraction and punished by a fine not exceeding one hundred dollars ($100.00) and not less than fifty dollars ($50.00) for a first offense. (b) Guilty of an infraction and punished by a fine not exceeding two hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second offense. (c) Guilty of a misdemeanor for the third and any additional offense, and shall be punishable by fines not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. (d) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any fine or service of a jail sentence shall not relieve any violator from the responsibility of correcting the condition resulting from the violation. In addition to the foregoing penalties, the court may order that the guilty party reimburse the City and/or County for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City and/or County. The owner, manager, and operator of every activity or facility subject to this chapter shall be responsible for any violation of this chapter by an employee thereof. 2. Any person, firm, partnership or corporation or other entity violating any of the provisions of Chapter 2 of Division 2 of Title 3 of the San Bernardino County Code shall be guilty of an infraction and upon being found guilty thereof shall be punished as set forth in Section 1.12.030 of the Rancho Cucamonga Municipal Code, pertaining to the penalty for infractions. 3. Any person, firm, partnership or corporation or other entity violating any of the provisions of Chapter 3 or 12 of Division 2 of Title 3 of the San Bernardino County Code shall be guilty of a misdemeanor and shall be punishable as specified in Section 1.12.020 of the Rancho Cucamonga Municipal Code." Ordinance No. 760 Page 5of6 SECTION 4: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or chapters adopted herein be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and said chapters shall remain in full force and effect. SECTION 5: Declaration of Urgency. The City Council hereby finds that there is a current and immediate threat to the public health, safety and welfare in that as of May 1, 2006, the County of San Bernardino will cease providing animal shelter and adoption services to the City of Rancho Cucamonga, and the City will immediately commence to provide such services. In order to commence provision of such services, the City has heretofore adopted, by reference, the County of San Bernardino's Animal Control Regulations as the City's Animal Regulations. However, certain provisions of the San Bernardino County Code related to inspection and permitting of specified animal facilities were not adopted. The City of Rancho Cucamonga lacks the ability to conduct such inspections and permitting services, which can and will be provided by the County of San Bernardino. It is necessary in order to fully protect the public health, safety and welfare, to adopt by reference and take effect immediately, those provisions of the San Bernardino County Code specified in Section 3 of this Ordinance relating to inspection and permitting of specified animal facilities. Furthermore, in order for all of the County animal related regulations previously adopted by reference, and adopted by reference herein to have full effect within the City and be fully enforceable by the City, it is necessary that this Ordinance take effect immediately upon adoption as an urgency Ordinance. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for formal adoption, certification and signatures Ordinance No. 760 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 19th day of April 2006. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Gutierrez ABSTAINED: None r P,GI William J. 44exander, Mayor ATTEST: &�tce(�4akz"r'd--J ebra J. Ad&4, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced and passed as an Urgency Measure at the Regular Meeting of the Council of the City of Rancho Cucamonga held on the 19th day of April, 2006. Executed this 20th day of April 2006, at Rancho Cucamonga, California. Debra J. Ada MC, City Clerk