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Home My WebLink About94-013~(QT~ `r~rrrrnrr~r~_`~~+~n~ 4~'. •'O ~ r '~ ;aa; :~n: :. :*; ;~, ~- ,~ ~ • 4 ~~ ~ ".~ ~~~h~~4 '•'.~L''OUI ~'~~;~'•'s BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA ~~•solufiorl Nn. 9~-13 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DETERMINING THAT THE PROVISIONS OF SECTION 597.1 OF THE PENAL CODE SHALL BE OPERATIVE AND THAT PENAL CODE SECTION 597f SHALL NOT BE OPERATIVE WHEREAS, Section 597.1 of the California Penal Code, among other things, authorizes the seizure, impoundment and care of animals on the grounds specified therein; and WHEREAS, Section 597.1 provides procedures to determine the validity of such animal seizures by means of pre-seizure or post-seizure hearings; and WHEREAS, pursuant to subsection (1) of Section 597.1, the provisions of said section shall be operative in a county and in humane societies within that county if the Board of Supervisors of the county so determines and further determines that Section 597f of the Penal Code shall not be operative; and WHEREAS, it is desirable that Section 597.1 be expressly made operative in the unincorporated area of the County of Butte and in humane societies operating within said unincorporated area, if said humane societies or any of them enter into a Memorandum of Understanding with the County in substantially the form attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that: 1. The Board of Supervisors of the County of Butte hereby determines that California Penal Code Section 597.1 shall be operative in the Page 1 unincorporated area of the County of Butte and in any humane society operating in said unincorporated area upon the effective date and for the duration of the term of a Memorandum of Understanding executed by and between the County of Butte and any such humane society in substantially the form attached hereto as Exhibit "A." 2. The Board of Supervisors of the County of Butte further determines that California Penal Code Section 597E shall not be operative in the unincorporated area of the County of Butte and in any humane society operating in said unincorporated area upon the effective date and far the duration of the term of a Memorandum of Understanding executed by and between the County of Butte and any such humane society in substantially the farm attached hereto as Exhibit "A," PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 25th day of January 1994 by the following votes: AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin NOES : None ABSENT: Supervisor Meyer NOT NOTING: None ED McLAUGHLIN, Chair Butte County Board of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administrative Officer and tie Clerk of the Board ,~ (597.res) Page 2 MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN COUNTY OF BUTTE AND SUBJECT: MEMORANDUM OF UNDERSTANDING AND AGREEMENT REGARDING THE SEIZURE OF ANIMALS AND HEARINGS PERTAINING THERETO UNDER THE PROVISIONS OF PENAL CODE SECTION 597.1 By executing this Memorandum of Understanding and Agreement, the County of Butte and , (hereinafter referred to as " " agree to the following: 1. " " is a Humane Society Under Butte. " " is a humane society wi jurisdiction of the County of Butte and hearings pursuant to Penal Code Section necessitated by a seizure of animals in of the county by employees or agents of employees or agents of " 10. Jurisdiction of County of thin and under the is empowered to conduct 597.1 which are the unincorporated areas the County of Butte or by 2. Seizures of Animals Pursuant to Penal Code Section 597.1. " " agrees that its employees or agents will only seize animals in a lawful manner pursuant to Penal Code Section 597.1 and that any and all such seizures will be conducted under the supervision of a licensed state humane officer(s). 3. Providing Hearing Officers. " " agrees to provide, at its own expense, a hearing officer or hearing committee for hearings conducted pursuant to the provisions of Penal Code Section 597.1. " " agrees to make said hearing officer or hearing committee available to conduct hearings which are necessitated by a seizure of animals within the unincorporated areas of Butte County by employees or agents of any Butte County agency or by employees or agents of " ". 4. Selection of Hearing Officers. 11 " agrees to select the above-referenced hearing officer or hearing committee in strict accordance with the provisions of Penal Code Section 597.1. 5. Agreement and Penal Code Section 597.1 Applicable Only in Unincorporated Areas. This Agreement and the provisions of Penal Code Section 597.1. apply only to seizures of animals conducted Page 1 in the unincorporated areas of Butte County. " " is empowered to appoint a hearing officer or committee and to conduct hearings pursuant to the provisions of this Agreement and Penal Code section 597.1 only in the unincorporated areas of Butte County. 6. Indemnification. " " shall indemnify, defend and save harmless Butte County, its officers, employees, agents and servants from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to any person or damage to property resulting from the performance of any activities pursuant to this agreement by " " its officers, employees, agents and/or servants. In particular, " agrees to hold Butte County harmless and to assume liability for any claims or actions arising out of an allegedly unlawful seizure, impoundment, care or hearing conducted subsequent to the seizure of animals by " ". 7. Liability Insurance. " " shall obtain a policy or policies of insurance with respect to operations performed pursuant to this Agreement and insuring against any and all liability or claims arising out of this Agreement or " 's" actions or omissions relating to this Agreement, naming Butte County, its officers and employees as additional insureds and providing the following coverage: a. Comprehensive general liability occurrence form coverage in the amount of one million dollars ($1,000,000} combined single limit per occurrence for personal injury and property damage. b. Automobile liability insurance in the amount of one million dollars ($1,000,000) combined single limit per occurrence for personal injury and property damage. The insurance specified above shall be in a farm and placed with an insurance company or companies satisfactory to Butte County, and shall be kept in full force and effect during the term of this Agreement. t1 " shall furnish to County, prior to commencing activities pursuant to this Agreement, a certificate of insurance evidencing that the insurance specified above is in effect and providing that such insurance will not be cancelled or materially changed without 30 days prior written notice to Butte County. 10. Term. This Agreement shall be effective upon its execution and shall remain in effect for one year thereafter unless terminated sooner ar extended by the written mutual consent of the parties, This Agreement may be terminated upon thirty (30) days written notice being given by either party to the other party at the following address: Page 2 County Chief Administrative Officer County of Butte 25 County Center Drive Oroville, CA 95965 Dated: Dated: by: COUNTY OF BUTTE by: ED McLAUGHLIN Chair, Butte County Board of Supervisors Page 3