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HomeMy WebLinkAboutAgenda Report - February 18, 1987 (49)COUNCIL COit1:t1UNICATION TO- THE CfTY COUNCIL DATE: �`T�'J. rROM_ THE CITY h4.�h{AGEeZ'S OFFICE Fek -8, 1927 ` .. i f SUBJECT: PL-rITION RECEIVED REEY, =LNG TW.. CITY COUNCIL AND CITY MANAGER TO SUPPORT THE HUMANE OFFICER ENFORM--ENT PROGRAM BY CONTRIBUTING THE $ 500 PER INKW "d AS ALLowED BY STATE oF' cALTFoRNiA CIVIL CODE, SB TIGN 607e. City Manager RZIM,ZENDED ACTION: That the City Council receive the attached petition requesting financial assistance for efforts in the area of prevention of cruelty to animals, and deny the request. BACKGROUND INFIORMATION: The attached petition (Exhibit A) was mailed to th�e City Clerk. It requests the City Council's support of the prevention of cruelty to animals by appropriating $500 per month to the City's animal control program. On an annual basis, this totals $6,000, an approximately 8.5% increase in the current animal control budget of $70,370. The request is based on State Civil Code Section 607e, which provides that a governmental agency may pay to any society incorporated and organized for the prevention of cruelty to animals within the boundaries of that public agency, a sun not exceeding $500 per mond: for the purpose of carrying out such activities. The petiticr: carries 24 signatures_ The tAle of this code section is "Compensation of Societies for Prevention of Cruelty". This section should most appropriately be interpreted to apply to organizations such as the Delta -Stockton Humane Society and S.P.C.A. (Society for the Prevention of Cruelty to Animals). Last summer we received an invoice frcxn this organization and a letter requesting financial support in accordance with the code section cited herein. A copy of the letter is attached (Exhibit B). Also attached (Exhibit C) is a copy of the City Attorney's reply. The City's Animal Control officer interprets this code section to apply to public agencies where there exists no public animal control program. In these locations, the animal control program may be performed by a private society and this code section permits a public agency to compensate the society for such services. The fact is, the Delta -Stockton Humane Society and S.P.C.A. does not provide services within the City. These services in Lodi are provided by the City -funded Animal Shelter. Res fully tted, Thomas A. Peterson City Manager (3) Attachments TXTA.06C COUD1C155 X-Exhiblt "q 1,41#�thst2zens of the City o LORI CALIi•ORNIT PF-T-1•Ia�i flE�#i-.City Council and City Manager to: supDk ffki .ti;{ tj Ho ne t)gflime r Eiiforcc iment P. ogram by: contriauting _ 4�. r T' -s �C kti'3 per month as allowed by Civil Code'Section6O� > .� year based on the populat'�on s3fgr59C� x citizen 'is . 15.1 :"cents per y - r y Y,i�•a<S�t tic Lw�JF�C�?f t. ti 'r N E n ADDRESS qr=k> i? T G`) 0 !^7 �. �. �' (,�=:icy_,-.�, •-� '53Ot rX _ �t J ;s 9-5 r �� tr a (//}iz tt � t L � F '� � .-J:. �; f 4: i y 1 e' Y l`1 f � = 4.� e� y.. * �',- • ` 'is :$ •c"= � �` `' � _rat �•• � i - �. s� .ti> ii l V/ a C y tt U��'r t _ t C L •�1 �7� ! `-�� ii't L� 5 t �rAl n ll � te etc f1.,T7 �+� oaf i� a,:.�•t t S 3 .t -�^.� t�.� _ i12 }.� �� ::. ��" x ail } Gi •t't M`*' �i''t } x�``�, »y ';�b� A9 �i .Si��� ,/1 atira•S'7 B �fy i�. i _ ; i';s.t rrr -.&`�. `�. - -,, —14 • 1. jj 'We, th2Citizeos of *.the City of LODI, CALIFORNIA da. he b y rt e., Manager to suppo and City Man PETITION OUR City COunci.l Al Humane r Enforcement PrOgramt -of f ce .by contributing he per :! month at allowed by Civil Code'Section 606 e E. The Cos.. , citizen is 15.1 cents per year based on the population of 3 %:7 ADDRESS NAME . . . . . . . . . . . . ................ r-2v1'\,j C VY i ; �� ... " �.. - . �'. .,� A. - . I . I wvmll I - I YU! ac N --7777Z77 ? 7 % A3 77 7`7 ; �� ... " �.. - . �'. .,� A. - . I . I wvmll I - I -�JMCI y� DELTi�-ST�}Cr�TCNHUMANE SOCIETY r, and S.P.C.A. 4590 SOUTH HIGHWAY 99 STOCKTON, CALIFORNIA 95205 PHONE 466-0339 April 22, 1986 Mr. Jerry Glenn City of Lodi 221 West Pine Street Lodi, CA 95240 Attn.: Finance Department Dear Mr. Glenn: In September 1985 the Delta -Stockton Humane Society and S.P.C.A. started to provide a humane law enforcement program to all areas of San Joaquin County. The program also included an active inspection program in private and commercial kennels and animal grooming parlors. Because of limited funding the program has only been part-time to date. Based upon facts provided by San Joaquin Countv it was believed that the officer would be required to investigate onlv about 115 complaints per year. However, since September the officer has been called in to assist animal control agencies throughout the County in manv different types of investigations as requested by these agencies. In the Period between September and December 1985 he investigated 86 total complaints and in the first three months of 1986 he has investi- gated 77 complaints. If this rate continues over 300 calls for service will have to be handled in 1986. It appears that because of the number of calls for service received the program will have to be increased to full time and an additional part-time person may have to be hired. Since the only fundinq we receive for this program is from San Joaquin County, we find it necessary to bill the other cities in the County at $500.00 per month, as is allowed by Civil Code Section 607e. Compensation of Societies for Prevention of Cruelty. (Civ. 607e.) Every society, incorporated and organized for the prevention of cruelty to animals, or for the prevention of cruelty to chil- dren, may, in each city, or city and county, or 'Keep the Lamp of Human Kindness Burning E-:)cllibit "�.. county, where such society exists, while actively engaged in enforcing the provisions of laws of state, now or hereafter enacted, for the prevention of cruelty to animals or children, or arresting , or prosecuting offenders thereunder or preventing cruelty to animals or child ren, be paid as compensation therefor, from the city or county, or city and county general fund, by the board of supervisors or other governing body thereof, a sum not exceeding five hundred dollars per calendar month, in the same manner as other claims against said city or county, or city and county, are paid. (Enacted 1905; last amended 1913.) The funding which we receive is used for the Humane Officer's salary, training, vehicle, vehicle mainten- ance, communications equipment, materials, supplies, postage, printing, and other miscellaneous equipment. We will have to start billing your City for this program within the next couple of months. We will be happy to provide answers to any questions that you may have or you may feel free to contact our Humane Officer, Craig Veteran, at q66-0331. Cordially, DELTA-STOCKTON HUMANE SOCIETY Betty Rj bard!: /Erlene Price Board of Directors ;:�X a ,�•Ar y ,t L11r iL RED M REID. Mayor EVELYN M.OLSON Mayor Pro Tempore DAVID M. FIINCHMAN JAMES w PINKERTON. Ir. JOHN R iRandy) SNIDER July 29, 1986 CITY OF LODI CITY HALL 221 tti-(ST PINE STREET CALL BOX 3006 LCOl. CALIFORNIA 95241-1910 (209}334-5634 Delta -Stockton HLsnane Society and S.P.C.A. 4590 South Highway 99 Stockton, CA 95205 Re: Billing for Services for July 1986 I'HE MAS A. PETERSON Ciq' %�:anager ALICE M REIMCHE City Clerk RONALD M. STEIN City Attorney Exhibit "C-' Gentlemean* Attached hereto is a copy of Your invoice for $500 sent to the City of Lodi for "Fee for HulLane Officer Services for the month of July 1986". In reading Civil Code Section 607e, I do not findany mandatOrY e $500 per language that would require the City of Lodi to Pay month month. What I do see, however, is a requi.rev-xit to pay $500 Per where the HLurane Society is in fact dol he work of the Police v__ Department and Animal Control in this area. _f the TjurTane Society iety is doing work in the City of Lodi vdd&, is not being handled h'y Police Depaztnent or Animal Control, please advise me at your earliest convenience of what work that is, so that we can pay you for your services. ZM. y urs, IN CITY ATTOMEY RMS:vc attachment cc: Police Chief Animal Control Officer Cindy HLmTbert, Deputy City Attorney Stockton San Joaquin County currently has only one State Humane Officer who covers an area of 1400 square miles. State Humane Officers have the power at all places within the State of California to interfere to prevent the perpatration of any act of cruelty upon any animal and may use such force as maybe necessary prevent the same. State Humane Officers make arrests for the violations of any Penal Code Law in this State relating to or affecting animals_ in the same manner as a constable or anyother Peace Office . In addition to Penal Code Law the State Humane Officer also enforces violations of the Administrative Code, Business and Professions Code, Civil Code, Code of Civil Procedure, Corp- orations Code, Education Code, Fish and Game Code, Food and Agriculture Code, Government Code, Health and Safety Code, Public Utilities Code, United States Code, Vehicle Code, and Public Resorces Code. In Addition to the enforcement of the above codes, the Humane Officer also inspects Pet Shops, Kennels, Research Labs, Lic- ensed Animals Dealers, Rodeos and Circus. NUMBER OF HUMANE CASES INVESTIGATED BY THE HUMANE OFFICER FROM SEPTEMBER 1985 TO FEBRUARY 1987 IN LODZ YEAR CASES 85 5 86 18 n7 2 ONE INVESTIGATION REQUESTED BY LODI CITY ATTORNEY'S OFFICE PER INFORMATION RECEIVED FROM LODI CITY ANIMAL CONTROL. DURING THE YEAR 1986, 408 CALLS FOR SERVICE WERE HANDLED IN THE CITY OF LODI WHICH REQUIRED REPORTS BEING MADE THROUGH THE POLICE DEPARTMENT. THESE CALLS REDUCE THE AMOUNT OF TIME THAT A POLICE OFFICER COULD HAVE BEEN AVAILABLE FOR OTHER CALLS. Compensation of Societies for Prevention of Cruelty. 607e.) Every society, incorporated and organized for the prevention of cruelty to animals, or for the preven- tion of cruelty to children, may, in each city, or city and county, or county, where such society exists, while actively engaged- in enforcing the provisions of Iaws of this state, now er hereafter enacted, .for the nreventiori of cruelty anima. -_r children, oar arrest�ng,.o-sCCU ffender thereunder or preveritincruelty t imals or childr be paid as compensation therefor, from the city or county, 'or city and county general fund, by the board of supervisors or other governing body thereof, a sum not exceeding five 11 hundred dollars per calendar month, in the same manner as other claims against said city or county, or city and county, are paid. .Enacted 1905;1ast amended 1913.) Powers of Officers: Weapons: Training. Such humane officers after qualifying as above provided, shall have power at all places within the state lawfully to in- terfere to prevent the perpetration of any act of cruelty upon any dumb animal and may use such force as may be necessary to prevent the same and to that end may summon to their, aid. any bystander. They may make arrests for_the violation of any penal law of this state relating to or affec- ting animals in the same manner as a constable or other peace officer. Except as otherwise provided by this section, a humane officer shall serve only in the county In which he Is appointed. A humane officer may serve In a county other than that In which he is appointed only If he first Inforrr..� the sheriff of the county that he Intends to serve in such county. A humane officer is authorized to carry weapons while engaged in his duties as a humane officer, upon satisfactory completion of training, as approved by the Commission on Peace Officer Standards and Training, in the use of weapons. (NOTE: See Penal Code Section 832.) compensation paid to a Society by a city p iv in the can be recovered by the city by gSSllegAnimal Humane officer the authority �© control citations as outlined below: Authority to Issue Animal Control Citations. (Civ. 6078.) The governing body of a local agency, by or dinance, may authorize employees of public pounds, societies for the prevention of cruelty to animals, and humane societies, who have qualified as humane officers pursuant to Section 607f, and which societies or pounds have contracted with such Local agency to provide anima care or protection services, to issue notices to appear in court pursuant to Ch�xpter Sc {commencing with Section 953.5} of Title 3 Part 2 of the Penal Code for violations ployeeshall not shite or local animal control laws. Such custody even though be authorized to take any person into Y the person to whom the notice is delivered does not give his of such written promise to appear in court. The auon ritof the local employees is to be limited to the .jurisdiction of Enacted 1973.) agency authorizing the employees. ( Div. 1 { i 3 ZUELTY i cord; term; isrepresenta- .uance of no- ' t trot taws. 9 for the re?lum- uas re - 'x.1379, ms, see 3, p. 2439, n of ovr{wrn- rtv which they the corla/ra- rainst person." affei•tini; ehil- n the prosecu- pea^e officers (vrporat- Corporations Code Sections _ IM04 1(>•t(a Part 4 PREVENTION OF CRl1ELTY, ETC. § 607e § 607d. pre-existing corporations; applicability of title The provisions of this title extend to all corporations heretofore formed and existing for the prevention of cruelty to children or ani- mals, but do not extend or apply to any association, society, or corpo- ration which uses or specifies a name or style the same, or substan- tially the same, as that of any previously existing society or corpora- tion in this state organized for a like purpose. (Added by Stats.1905, e. 434, p. 590, § 1.) Historical Note This section wan udded by the If" re- v. Dunne (Ifl()t) W P. 471i. 134 C. 291, !wi vision act. Stats.1901, o, 17)7. 11. 3.ti:i, i L.K.A. s:3:1, 96 Ain.St.it. '::w7, the I9OI re- 2�5, liow•ever, on the authority of Lewis vision act wan unconstim-ional and void. Cross References Similar provision". see (lorporptiora bode 0 10401. § 607e. Societies for prevention of cruelty; compensation Every society, incorporated and organized for the prevention of cruelty to animals, or for the prevention of cruelty to children, may, in each city, or Ci •, and county, or county, where such society exists, while actively e- 7-1 in enforcing the provisions of the laws of this state, now or iter enacted, for the prevention of cruelty to ani- mals or childre arresting, or prosecuting offenders thereunder or preventing cru- to animals or children, be paid as compensation therefor, from ' -ity or county, or city and county general fund, by the board of sL trvisors or other governing body thereof, a sum not exceeding five .Aundred dollars per calendar month, in the same man- ner as other claims against said city or county, or city and county, are paid. (Added by Stats.1905, c. 434, p. 591, § 1. Amended by Stats.1909, c. 343, p. 574, § 1; Stats.1911, c. 295, p. 487, § 1; Stats.1913, c. 325, p. 638, § 1.) Historical Note -"Tbls section was added by the Idol re- v. Ilulllle (1901) Ell 11. 479, 13-t C. M, 5.R vision act. Stat".1901, C. 157, p. 3113. L It.A. tt33, hit Am.St.K. 257. the 1901 re - 181. ilow•ever, on the authority of Lewis vision act was unroustitutional null void. Library References Auimal" «311. C.J.S. Animal" 11 113 to 116. Infants a17. (I.J.S. lofants § 9. 703