2002 AGN MAR 26 I04 - Laserfiche WebLink

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Item #4 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF March 26.2002 TO: Honorable Mayor and City Council FROM: City Attorney SUBJECT: Animal Apprehension Fees DATE: February 28, 2002 BACKGROUND: The City has the authority to impose fees, charges and rates under the police power granted by Article XI, Section 7 of the California Constitution. In order for the City to legally impose a fee, the amount must not exceed the estimated reasonable cost of providing the service for which the fee is charged. In addition to this requirement, the City must follow specific procedures outlined in the California Government Code. DISC USSION/ANALYSIS: The Colton Police Department has reviewed the staff time needed for apprehending animals within the City. Based on its review, the Colton Police Department has estimated that the average hourly cost for staff to provide these services is $30 per hour. This amount, as required by law, represents a reasonable relationship between the fees to be collected and the costs incurred by the City for apprehending animals. The data compiled by the Colton Police Department to calculate the estimated hours and cost for apprehending animals is attached to this report as Exhibit "A" and copies have been made available for public review, as required by law. In order to establish the calculated fee, the City Attorney's office has prepared both a proposed ordinance and resolution. The proposed ordinance amends Section 7.08.080 of the Colton Municipal Code to: (1) include apprehension of all animals, not just dogs; (2) clarify that, in addition to the Animal Control Officer, other Public Safety personnel also pick up animals, (3) delete the previous fee amount of three dollars ($3); and (4) specify that additional fees are authorized for the purpose of defraying actual expenses incurred by the City related to apprehension of animals. The proposed resolution then sets the amount of the apprehension fee at $30 per hour, billed at one- quarter hour increments, and authorizes additional fees for actual costs incurred related to apprehension of animals. Adopting the proposed ordinance and resolution will allow the City to recover its costs for the Animal Control Officer and other Public Safety personnel to apprehend animals, as well as recovering costs for animal shelter services, animal hospital services, veterinarian services, tranquilizer darts and any other actual expenses incurred by the City related to apprehending animals.