HomeMy WebLinkAboutMINUTES - 05021989 - 1.36 70: BOARD OF SUPERVISORS b
FROM: Phil Batchelor, County Administrator
Contra
Costa
DATE May 1, 1989 ray '
SUBJECT: LEGISLATION: SB 428 (Torres) v�"`�
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of OPPOSE UNLESS AMENDED in regard to SB 428 by
Senator Torres . SB 428 regulates potentially vicious and
dangerous animals but does not allow cities and counties to adopt
more restrictive ordinances .
BACKGROUND:
Senator Torres. has introduced SB 428 which regulates potentially
dangerous and vicious dogs . SB 428 would also authorize counties
to enforce their "own programs" for the control of dangerous and
potentially dangerous dogs. County Counsel has advised that a
court probably would not interpret the term "own program" to mean
a program more restrictive than that set .out in SB 428 . The
County's current program is more restrictive than the proposed SB
428 program. County Counsel has proposed an amendment to SB 428
which would clearly and specifically authorize cities and
counties to adopt and enforce a more restrictive program for the
control of potentially dangerous or vicious dogs .
Without the proposed amendment, County Counsel is concerned that
a court would strike down the County's ordinance. It is
therefore recommended that the County Administrator be authorized
to seek amendments to SB 428 as proposed by County Counsel. If
those amendments are accepted the Board's position would be
considered to be neutral. If, however, the amendment is not
acceptable to the author, the Board's position will be considered
to be to oppose SB 428 .
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
yXy` RECOMMENDATION OF COUNTY ADMINISTRATOR J RECOMMENDATION OF BOARD COMMITTEE
/tAPPROVE OTHER
S I GNATURE j S): Ct
ACTION OF BOARD ON MAY_2/_ ..i989 APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT _� AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED MAY 2 1989
Mary Ann McNett, Deputy County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Animal Services Director SUPERVISORS AND COUNTY ADMINISTRATOR
Senator Torres
Les Spahnn, Jackson/Garish & Associates
M382/1-83 BY ,DEPUTY