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HomeMy WebLinkAboutAgenda Report - June 16, 1982 (44)ANIMAL CONTROL FINES AND FEES FOR REDEMPTION City Attorney Stein apprised the Council that Mr. Paul Brewer visited his office recently with a complaint as to the minimal amount of the redemp- tion fine for impounded cats. Mr. Stein apprised the Council that no changes had been made on redemption fees since 1944. The present redemption fee for impounded dogs is as follows: 1st offense $Z. 00 per day 2nd offense $4. 00 per day 3rd offense $10.00 per day Feeding charge $0. 25 per day The redemption fee for cats is $6.25 -per day with a $0.10 daily feeding charge. Mr. Brewer then addressed the Council -regard=ing the matter. and Council discussion followed: Councilman Pinkerton then moved the adoption of Resolution No. -82'=56 to bring the cat xedernpfl an fees in line with those for the redemption of impounded dogs. The motion was seconded by Mayor Pro Tevnpore Murphy. Council discussion followed with the masker of the motion withdrawing his motion and the second` being withdrawn. RES. NO. 82-56 Councilman Snider then moved for adoption_ of Resolution No. 82 -56 setting the redem fees for impounded cats and- dogs to be as follows: 1st offense $5. 00 pe r day Znd offense $10.00 per day 3rd offense $15.0'0 per day Feeding charge: $l. 50 per day The motion was seconded by Councilman Pinkerton and carried by unanimous vote. _ fit.... .. .; ..: - � ...... .... .,.... ....._.. RESOLUTION NO. 82-56 RESOLUTION AMENDING REDEMPTION FINE AND FEEDING CHARGES FOR IMPOUNDED CATS AND DOGS RESOLVED that the City Council of the City of Lodi does hereby amend the redemption fine and feeding charge for cats and dogs impounded at the Lodi Animal Shelter effective this date. 1st offense - $ 5.00 2nd offense - $10.00 3rd offense - $15.0`0 Feeding charge - S 1.50 per day Dated: June 16, 1982 Z hereby certify that Resolution No. 82-58 wa-s passed and adopted by the City Council of the City of Lodi in as regular meeting held June 16, 1982 -by the following vote: Ayes: Council Members - Olson Snider, Pinkerton, Murphy and Reid Noses: Council Members None Absent: Council Members - None ALICE M. MCHE City Clerk 82-58 TO THE CITY. COUNCIL FROW THE CITY MANAGER'S OFFICE UNCIL COMMUNICATI DATENO. jum 15, 1982 1 SUBJECT: 41MAL-CONTROL/FINES AND FEES FOR REDEMPTION 0 DO* Mr. Paul Brewer visited my office on the afternoon of June 15, 1982 with a complaint as to the minimal amount of the redemption fine for impounded cats. Council adopted Ordinance No. 1181 dealing with Animal Control on October 24, 1979. Said ordinance stated in Section 3-20 that redemption fees and charges would be as established from time to time by resolution of the City Council. Council has made no changes in redemption fees since that time; nor since it adopted -Ordinance 297 on February 2, 1944, copy attached.. As noted in Section 13 of Ordinance 297, the redemption .fees for impounded dogs is as follows; 14a lst offense $2.00 per day 2nd offense $4.00 per day 3rd offense $10.00 per day Feeding Charge: $0.25 per day As noted in Section 17 of Ordinance 297, the redemption fee for cats is $0.25 per day with a $0.10 daily feeding .charge. Mr. Brewer plans to appear at the June 16, 1982 Council meeting to*discuss this matter, and this information is supplied to you for your review and consideration. RONALDM. SHYN RMS: vc CITY ATTORNEY qj-65 attachment — &)/ 4 r- 311) b- jto�w "s OiOIIWCE 297 ADOPTED 2/2/44 S::C•t'loY 11. vibenrver any cases• of rai-Iez c::ist in the city or in the vicinity o:' the city the Chief of Police is hereby nuthorized to 1ribl iz-h an order eve -.y ---ion o-:;ninr or Lavin- possosslon of any:c to i;cc_r• .it ,•,finer, anon rrirate .reni4es or Oise keep ;t ef`_'ecti•:ely ne;zzled to prevent biting. i•het: the period of ? onver from ;•ot.Ies has terminvted, in t:^e opinion of' the Chief of _02=ce, he shall publish a notice terminating the said order. y,;rin, the perio_i between the published notice and the terniinatior. Of s:ch order It shall be unlawful for any person owning C, havins rossession of any rzo-0 to a11oc; it to be so unconfined or L--nrnl7zled and every ummnyzled do;; not so confined durin5 said period shall be taken by the poundrnaster and imrounded in the public pound. The notices herein referred to shall ae published by posting in at least threc public 13aces in the city and by one or more publications in a ne•-�;spacer :cblished and circulated within the City of Lodi. SECTI0N le. In the event that any :: ts)4 SE '"1011 15. It shrll be unitt -.ful for any pl rson ownin_; or havinT possession or any horse, co::, boat, or other ai:Ir.:al to a urirlt iL to run at larrre or to be pztsturod, strux,od or tied for the purpose of grazin •:.soon an, street, sidewalk or other public place, or ul.oi the- ...ro,.er ty of any other person against the wishes of the o --mer. or occupant thereof, or r.•ithin rorty feet of the 3::e1lin_- of Pnother, or in any r..snrer or place to the injury or da•. nye of the ov:ner or occupant of othor property. It shall be unlawful f'or any person ornin-r or having possession o: z„y ehickcns or other fo.11 to permit them to rur at large upon any street or other public place or upon the property of another with- out the permission of the oviner or occupant thereof, or in any manner to t^e injury or damage of the o,'ner or occupant of. such other property, and every sv:cn antral or fowl, upon cor.+plaint thereof being trade in wrltinZ by the person aggrieved, shall be taken by the pourdr:s ster and ire_ ounded in the public pound. The po,_ndmaster, upon im oundin=- any such animal or fowl shall Ir,.medlately notify the -oti:ner or person entitled to the possession thereof of the irpourding thereof, if such person is personally kown to him, or if unknown, b•; posting notices of the impounline r:ith the description of the animal or foal and the time and place of its apprehension in at least three public places in the city. SECTION 16. After the expiration of 100 hours from the time of postlnU such notices., any animal or foul imrour_ded pursuant to the provisions of the preceding section may be solei, Given away or destroyed by. the pound -master In the same manner and ureter the same Gond"itions InPosed hereunder with respect to the sale or other disposition of dogs impounded. The poundmaster is hereby authorized but is not required, to publish such notices of sale as he deems warranted to aid in the sale of Impounded animals. SECTIO:: 17. The poundiraster shell collect the following fees and feeding charges fro= persons redeeming any animal or fowl, other than dogs, Impounded under the preceding sections: For impounding each fowl, cat, rabbit or animal of similar size, a fee or 250. For impounding eneh animal of larger size than those ' enunerated ab®ve a fee of ;?2.00. ' For feeding each foal, cat, rabbit or animal of similar size,: a feeding chergcs of 100.' per stay. For feeding each larger animal a feedin, charge of 61:.00 for etch day impounded. SFCTIQ2: 16. Tl, -,e paun n aster shpli veep a reeard of the number, description and disposal of all cigL , other animals and foal unbounded, showing in detail as to each the date and time of Impound in ;, the date and manuner of the posting of notices, the dote and manner of disposal, the date, time and cost of any advertisesrent for sale, Ineluding conies thereof, the rave and address of persons redeeming- or edeemingor purchaslnZ and the fees, feeding charges, costs and proceeds of sole roceivod on account thereof. Said record shall be kept by the poun:tmnster in a boo;: or books prw/ld-ed for that l.urpose and a copy thereof, kept up to Mate, shall be left In the office of the Chief of Police and be open" at all tires to public Inspeetlon. Each month the pound -master shall Elle with the City Council a :iet9lled report containing a summary stater.cnt of the number unci kinds of all dols, other animals and foal impounded, redeemed, sold, given away, and destroyed, the amounts of fees, feeding charges and proceeds of sale collected d►aring the preceding, month. , LNCIL COMMUNICATI Mr. Paul Brewer visited my office on the afternoon of June 15,-1982 with a complaint as to the minimal amount of the redemption -fine for impounded cats. Council adopted Ordinance No. 1181 dealing with Animal Control or.Oc-ober 3.4, 1979. Said ordinance stated in Section 3e-20 that redemption fees and charges would be as.established from time to time by resolution of the City Council. Council has made no changes in redemption fees since that time; nor since it adopted Ordinance =2 -97 -on February 2, 1944, copy Attached - As noted in -Section 13 of Ordinance 297, the redemption fees for Impounded dogs is as follows: Ist offense $2.00 per day 2nd offense $4.00 per day 3rd- offense $10.00 per day Feeding Charge: $0.25 per day As noted in Section 17 of Ordinance 297, the redemption fee for cats is $0.25 per clay with a $0.10 daily feeding charge. Mr. Brewer pians to appear at the Juice 16, 1982 Council meeting to.'discuss this matter, and this information is supplied to you for your review and consideration.. RONALD A. STEIN` CITY ATTORNZY RMSvc attachment. 7 ORDDWCE 297 ADOPTED 2/2/44 SECTIO": 11. *.'.-1tcnc-,rer any cases of rahles e:,-.IsL In t1it, city or In the vicinity or the city the Chief of Police is lioreby etit'horixed to Pitblish an order reqixiring every rervon o«nln or havlwpossesnIon of any to f-c-eD it C-)rrined upon privrite -uremises or else keep It ef-'ectIvel-y -,;-.%led to prevent biting. :.hen the period of --en-or from '-ablos has tern.Imted, In V opinion of the Chief of -olice, be shall publish a notice termInating the said order. i:;1artn2; the perloi between rho publisheJ notice and the termination 0j s --.ch order It shall be unlawful for my person ovinin" or having, possession of any dio,,. to allow it to be so unconfined or um-1-ty-zled and every unwAzzled d03 not so confined during said period shall be taken by the poundnaster and Impounded the public pound. The notices herein referretto shall ne published by posting In at least three public places Ir the city and by one or more publications In a no-ispaper tublished and circulated wit* -lin the City of Lodi. SECTION 12. In the event that any t�o�; Is Impounded upon complaint of any person asserting that such dog has bitten some person, the poundmaster shall in,-ound and keep such dog. safely segregated durin.- a period of at least ten days for observation for rabies, and rolloriln. such period of observation, If it be fount, that the do- does not have rabies and if It Is licensed and otherwise ell-Ible to be retarred, It shall be returned to the owner and no additional charge 4hall be made for the number of days added to the normal period of rround that the dog is required to be Impounded for observation. If the doZ; is fou -.d to have rabies It shall be forthwith destroyed by the poundmaster. In the event of any statute taking precedence over the provisions of this ordinance with respect to the impounding or regulating of dogs suspoeted of having rabies or otherwise regulatln3 dogs or animals then to the extent that -such- statutes conflict with the provisions or this ordinance such provisions herev-, respectively, shall be deemed suspended during such period of conflict. 0 SECTION 13. The owner or person entitled to the POSSeS31on of any dog which has been Impounded under the provisions of this ordinance (except untler Section 9 to 11 hereof) may secure the release thereof at any tire before the --ale or other disposition thereof as herein provided, I by paying to the poundmester a fee of ,2.00 toZether with a feeding charge of 25-9 for each May or fraction of a day that said dog ha's been 1,-pourded, and by the payment of any urtrAld license tax which Is due ami unpaid with respect to said dog., If the do.- was Ir -pounded upon the ecnplaint of 0 1person asserting rzrs;onal Injur-y or property darnage by 31SIL, dog, said doZ nay not be redeened until and unless Satisfactory evidence Is giver to the pouhdmaLter, in - writing, b; - the person wwnin.,- or having possession of said I , of precautions to be ta*,'en a: aurin against the. redurrence of such Injury or dama6-e. In the event that a dog Is In -pounded for the second time within, the period of one year the fee to be paid to the poundrustet for the release of said dog shall be the sum of x11.00. If impourided for three • D1W more times within the said Feried of one year the pound fee to be charred shall be the sun.► of 410 for each such Additional im1:'o_'undIn&. SECTION 14. Any dog not redeemed within the period Of 100 hours from and after the time or I-mr-oundin-r may be 301d at such price vs the poun-imaster may dee:i ob'ti'ainable, Or may be given away lf*p In the opinion of the poundmaster, such animal has no sale value. No notice of sale or advertising of any kind shall be required and all unredeemed dogs which have not been sold or .;Sven away after the erpiration- of laid 100 hour redemption period shall forthwith be destroyed b*1 the poundm_ster st his dlscretlon. I SECTIO? 15. It shnll bo unlawful for any person ov;n n;,; or havin; possession of any horse, co::, dont, or other nn1r:al to y.errit it to run at largo or to be pastured, sta:led or ties; tor .the puri. -ore of -,razin,, upon any street, sidewalk or other public Sainte, or upon the ;:roperty of any other }Terson against the vilshes o: the owner or occupant thereof, or ulthin forty feet of the dwell n;- of another,. or In any manner or place to the injury or dowa.;e of the ovner or occupant of other prol.erty. It snail be unlawful for any person ori-nin- or having possession o: any chickens or other fol to permit then to run at large upon any street or other public place or upon the proierty of another with- out the permission of the owner or occupant thereof, or in any manner to the injury or danage of the oivner or occupant of such other property, and every s,zch animal or form, upon complaint thereof being.rade in writing by the person augricved, shall be tnken by the pourdms seer and ir..rounded in the public pound. The pourdraster, upon lml ound na any such animal or fowl shall Irinediateiy notify the owner or person entitled to the possession thereof of the Impounding thereof, if such person is personally known to him, or if unknown, b-. posting notices of the impounding kith the description of the animal or fowl and the time and place of its apprehension in at least three public places in the city. SECTION 16. After the expiration of 100 hours from the' time of posting, such notices, any animal or fowl impounded pursuant to the provisions of the preceding section may be sold, diver away -or destroyed by the poundmaster In the same manner and ur-ter the same conditions inposed hereunder with respect to the sale or other disposition of dogs impounded. The poundmaster is hereby authorized but is not required, to publish such notices of sale as he deems warranted to aid In the sale of impounded ark mall. SECTIO;: 17. The poundr. a star shall collect the follow ng fees and feeding charges from persc►ns recieening any animal or foul, 'other than dogs, Impounded under the preceding sections: For impounding each fowl, cat, rabbit or animal of similar size, a fee of 25¢. For impounding eadh animal of larger size than those enumerated above a fee of X2.00. For feeding each foci, cat, rabbit or animal of similar size, a feeding charge of 10 . per dwy. For feedin„ each larger an tral a feeding charge of 41.00 for erch day impounded. SECTIO, if . T:.e Youn-c a s ter shall k.eep a record of the number, description and disposal of all dogs-, other animals and fovil Inv oun;?ed, sho In; in detail as to each the date and time 6f Impounling, the date and manner of the pposting of notices, the date and manner of disposal, the date, time and cost of any advertisement for sale, lneluding edphles thereof, the name and address of persons redeeml--ti . or purehasing and the fees, feeding charges, costs and p3•oteeds of sale received on account thereof. Said reeOrd shall be kept by the poundmaster in a book or books -provided for that purpose and a copy thereof, kept up to date, Shall, be left in the office of the Chief of Police and. be operr at all tires to p:iblic inspection. Each month. the poundavaster shall file with the City Council a detailed report containing a summary statement of the number and kinds of all dogs, otly r animals and fo%vl impounded, redeemed, sold, given away, and destroyed, the amounts of Tees, feedin. charges and proceeds of sale collected during the preceding Month. Q0UNCIL COMMUNICA' Mr. Paul Brewer visited my office on the afternoon of June 15, 1982 with a complaint as to the minimal amount of the redemption fine for impounded cats. Council adopted Ordinance No. 1181 dealing with Animal Control on October 24, 1979. Said ordinance stated in Section 3-20 that redemption fees and charges would be as established from time to time by resolution of the City Council. Council has made no changes in redemption fees since that time; nor since it adopted Ordinance 297 on February 2, 19.44, copy attached. As noted in Section 13 of Ordi-nance 297, the redemptcn fees for impounded dogs- is as follows: 1st offense $2.00 per day 2nd offense $4.00'per day 3rd offense $10.00 _per day Feeding Cha-rge: S0.25 per day As noted in Section 17 of Ordinance 291, the redemption fee for cats is $0.25 per day with a $0.10 daily feeding charge. Mr. Brewer plans to appear at the June 16, 1982 Council meeting to discuss this matter, and this information is supplied to you for your review and consideration. RONALD M. STEIN CITY ATTORNEY RMS:vc attachment oron,PPICE 297 ADMYM 2/2/44 SnTios 11. 1:lienever any cases of rahles exist in the city or in the vicinity of the city the Chief of Police is hereby authorized to p-.}bl.ish cri order regnirin_, every ^son oxnin, or havin posseazion of any ^oP to keep It c,)flned upon private premises or else keep It effectively :uzzled to prevent biting, t4hen the perlod of den-er from ;rsbies has terminated, in the opinion of the Chief of -eolice,_ he shall publish a notice terminating the said order. j)uring`the periol between the publishe3 notice and the termination of rich order It shall be unlawful for any person owning or having possession of any do,; to alloy it to be so unconfined or unma7zled and every unmazzled dog not so confined during said period shall be taken by the poundmaster and impounded In the public pound. The notices herein referred to shall --.e published by posting in at least three public ylaces in the city and by one or more publications in a neu sparer �cblished and circulated within the City of Lodi.' SECTION 12. In the event that any uog Is Impounded upon complaint of any person asserting that such dot- has bitten some person, the poundmaster shall impound and keep such dog safely so-regated Burin:, a period of at least ten days for observation for rubles, and follor4in-- such p< riod of observation, if it be found that the clog does not have rabies and if it is licensed and otherwlse eligible to be ret,)rned, It shall be returned to the owner and no additional charge shall be made :or the number of days. added to the normal ,period of irr_r•ound that the dog I:-- required to be Impounded for observation. If the dog is found to have rabies it.shall be forthwith destroyed by the poundmaster. In the event of any statute taking precedence over the provisions of this ordinance with rerpeat to the imFounding or regulating of dogs srispected of having rabies or otherwise regulatin-r dor--s or animals then to the extent that such statutes conflict with the provisions of this ordinance such provisions hereof, respectively, shall be deemed suspended during such period of conflict. SECTIO: 13. The owner or person entitled to the ;o^session of any c'og which has been impounded under the provisions of this ordinance (except ureter Section 9 to 11 hereof) may secure the release thereof at any time before the sale or other disposition thereof as herein provided, by paying to the poundmnster a fee of X2.00 together with a feeding charge of 25¢ for each day or fraction of a. day that said dog has been Ir i.ourded, and by the payment o1' any unpaid licenro tax which is due and unpaid with respect to said dog. If the do- was Ir -pounded upon the complaint of any person assertin,.;F.crsonal Injury or property damage by sal<f dog, said doZ nay not be redeemed until and unless satisfactory evidence is given to the poundmaster, in Aritins, b;; the person owning or having possession of said dog, of precautions to be taken s: sur ink against the recurrence Of Any such injury or damage. In the event that a dog is Impounded for the second time within the period of one year the fee to be paid to the pounaraster for the release of Slid dog shall be the sum of Yh.00. If impounded for three or more times within the said roriod of one year the pound fee to be charred shall be the Rum of ;;10 for each such add Itional Imirounding. SECTION lll. Any doh; not redeemed within the period Of 100 hours from and after the time of Isroundin may be sold at such price as the pounimnster may deers obtainable, or may be given away if', in the oninlon of the poundmaster, such animal has no sale value. 140 notice of sale or advertising Of any kind shall be require) and all unredeemed dogs which have c,ot been sold or ;Sven away after the erpiration or 'bid 100 hour rodemytion period shall. forthwith be destroyed by the poundn.-ster :.t his dircretlon. 154 , r SECTION 15. It shall be unlawful for any person owning or havin„ possession of any horse, cow -,-.gout, or other anlral to permit it to run at large or to be pastured, Mstarted or tied for the puri-,ose of grazing upon any street, sidewalk or other public place, or upon the property of any other person against the wishes of the owner or occupant t w thereof, or within forty feet of the dwellinS of another, . ;ir r or in any manner or place to the injury or dswa�;e of the owner or occupant of other prorerty. It shall be unlawful x� for any person ownin- or having, possession of any chickens i or other foal to permit them to rur at large upon any street x A or other public place or upon the Troierty of another with- �rout the permission of the owner or occupant thereof, or its � any manner to the injury or damage of the owner or occupant of such other property, and every rich anlma.l or fowl., upon complaint thereof being rade in writing by the person. ags�rieved, shall be taken by the poundrsster and irqounded r In the public pound. The poundr-aster, upon Impounding any such animal s gx or fowl shall Irmedintely notify the owner -or person entitled to the possession thereof of the Ir.pourding thereof, if such person is personally known to him, or If unknown, b•: posting notices of the ImpoundIng rith the description of the animal f or fowl and the time and place of its apprehension in at least three public daces in the city. SECTIO?+ 16. After the expiration of 100 hours Y from the time of postinZ such. notices, any animal or foul Y Impounded pursuant to the provisions of the preceding section } h may be cold, liven away or destroyed by the poun.master 1' In tkie sage manner and Urder the same conditions Irposed hereunder with respect to the sole or other.disposition of doss impounded. The poundnaster is hereby authorized but is not required, to publish such notices of :ale ae he deems warranted to aid in the sale of Impounded animals. SECTION 17. The poundraster shall collect the following fees and feeding charges fror. persons redeemlrg any animal or fowl, other than dogs, impounded under the preceding sections; For impound1n8 each fowl, cat, rabbit or animal of similar size, a fee of 25¢. For impounding each animal of laruer size than thoso ! enumerated above a fee of x2..00. i'or feeding each foal, cat, rabbit or animal of similar size, a feeding charge of 100 per flay. For feedinZ each Inrger animal a feedlnC charge of t , 41.00 for erch days Impounded. SECTION 18. The courcrmster s1nall keep a record of the number, deteription and disposal of all dogs, other animals and foal im!oun:ied, sborrin;; In detail as to each the date and time of Impoun•iint-, the date and manner of the postin„ of notices, the dote and manner of disposal, the date, time and cost of any advert semont for sale, Including copies thereof, the name and address of persons redeeming or purchasing and the fees, feeding charges, costs and procoods of :bic received on account thereof. Said record shall be kept by the poundmr_ster in a book or books provided for that purpose and a copy thereof, kept up to date, shall be loft in the office of the Chief of Police and be open at all tires to public inspection. Each month the poundmoster shall file with the City Council a :ieteiled report containing e summary stateticnt of the number and kinds of all dogs, other an1mals and fowl impounded, reeeemed, sold, given away, and destroyed, the amounts of fees, feeding charges and proceeds of sale collected during the preceding month.