HomeMy WebLinkAbout1973-12-04; City Council; 2239; Uniform Animal Ordinance Dog License Fees‘” . c
THZ C I T Y OF CAR LSBA D, CA L I F-OR N I A
Agenda Eill No. 42337 -. Date : Decembe.r-
.Referred To: *
Subject:
-UNIFORM ANIMAL CONTROL ORDINANCE DOG LICENSE FEES
Submitted By:
RALPH W. LAUGHLIN
CHIEF OF POLICE VFA
Statement OF the Matter
At the present time. the City of Carlsbad is operating under an ordinance adopting by refereee the San Diego County Animal Control Ordinance. Since the adoption of this ordinance by the County, it has been revised, making it necessary for the City Cou.ncil of the City of Carlsbad to consider adoption of the revised County ordinance.
The County. has also revised its animal license fees. Under our
agreement with the County,
in our City. we are obliged to collect those fees Pending adoption of the revised County ordinance, it is necessary to adopt a resolution establishing the new fees for the City of Carlsbad.
Exhibit
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Letter to City Managers from County Veterinarian
Letter to 3. Ordinance No Public Services Agency
4. Resolution No.
Staff RecOmmeRdati0R.S to the City Manager *
If the Council desires to continue the relatisnship with the County in regard to animal control, it is necessary to adopt the revised ordinance and implement.the new fee schedule.
City Attorney recommends that if the Council approves of the new County ordinance and wishes to adopt it by reference for the City of Carlsbad, that they read the title of the attached ordinance and then by motion set a public hearing to consider the adoption of the ordinance. The Clerk shoul,d be directed to publish a notice of the hearing stating that copies of the County ordinance to be adopted by reference are on file with the Clerk and available to the public and containing a description of the purposes and subject matter of the ordinance. The hearing should be set at least 15 days from the date of this meeting. The Clerk should be directed to
maintain an ordinance for a period of at least 15 days prior to the hearing.
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AXJ No. Date: December 4, 1973
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City Manager's Recommendation
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This office concurs with the staff recommendation. Dr. Johnstone,County Veterinarian, has been requested to attend the council meeting and answer questions council may have concerning the establishing of new fees.
. The major change in fees for dog licenses is that the
licensing for unspayed females has been increased from
$5.00 to $10.00. The State law requires that unspayed female lit-enses shall be two times that of spayed
female dogs.
Council ‘Action
12-4-73 Resolution #3296 setting dog license fees and animal regulation
service fees was adopted.
The title of Ordinance #3099 was read and the City Clerk was
instructed to advertise twice in the local paper a notice of public hearing for the purpose of adopting by reference Chapter 6, Division 2, Title 6 of.the San Diego County Code
relating to rabies and animal control and regulation.
R-2-74 Following the public hearing a first reading was given Ordinance
No. 3099, regarding animal control and dog license fees.
3~15-74 Ordinance No. 3099 was adopted, following second reading by title only with further reading waived.
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NOTICE
NOTICE IS HEREBY GIVEN that the City Council of
the City of Carlsbad will on January 2, 1974, at 7:30 P.M.,
in the City Council Chambers at 1200 Elm Avenue, Carlsbad,
California, hold a public hearing to consider the adoption
of an ordinance which adopts by reference Chapter 6,
Division 2, Title 6 of the San Diego County Code relating
to rabies and animal control and regulation. Copies of
said ordinance are on file in the office of the City Clerk
of the City of Carlsbad at 1200 Elm Avenue, Carlsbad,
California, and are open to public inspection.
MARGARET E. ADAMS
City Clerk
Publish twice: December 13, 1973
December 20, 1973
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BOARD OF SUPEAVISORS
.lACK WALSH FIRS, DISTRICT
DICK BROWN ILCOND DISTRKT
LOU CONDE TWlRO DISTRICT
COUNTY VETERINARIAN l SPECIAL PUBLIC SERVICES AGENCY JIM BEAR C0”R-r” OwrRlCT
5555 OVERLAND AVE., BLDG. 4, #OS!5 . SAN DIBGD, CALIFORNIA 92123 LEE TAYLOR ’
(714) 565-5394 r,rrn DISTR,CT
HUBERT JOHNSTONE. DVM COUNTY ADMINISTRATOR
COUNTY VETERINARIAN CRANW 0. ALESHIWL
November 7, 1973
TO: City Managers of Cities Contracting with the County of
San Diego for Animal Regulation Services
FROM:' County Veterinarian
SUBJECT: Request to adopt by reference the new uniform Rabies, Animal Control and Regulation Ordinance
Enclosed for your use are copies of the new uniform Rabies, Animal
Control and Regulation Ordinance adopted by the Board of Supervisors on October 30, 1973.
Adoption of this ordinance by reference would greatly simplify enforcement, since enforcement officers would then have only one set of section numbers
to remember for citation purposes. Many officers serve both incorporated and,unincorporated areas.
This would also simplify our public information program. Published hand- outs that quote the law would not need to list a whole series of section numbers to cover identical. ordinances of all the cities contracting for this service.
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cc: Mr. Moon, Special Public Services Agency
cc: Frank Aleshire, Chief Administrator
Enclosure
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JAMES M. MOON
AGENCY ADMINISTRATOR
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EOhRD OF SUPERVISC
JACK WALSH C,R.T DllTRlCT
DICK BROWN
SPECIAL PUBLIC SERVICEB AGENCY l 1600 PACfFIC HIGHWAY JIM BEAR
SAN DIEGO. CALIFORNIA 92101 . (714) 236-3864 FOURTH DISTRICT
LEE TAYLOR FlFnl DISTRICT
FRANK 0. ALESHIRE
COUNTV AOYINISTRAT
October 24, 1973
TO: Board of Supervisors !A45
B/S 10-2-73 (71)
PROM: Special Public Services Agency #A225
SUBJECT: Uniform Animal Regulation Ordinance
On November 10, 1970 (55), your Board approved, in principle, the basic
concept for countywide animal regulation services. At that time, you
authorized the Chief Administrator to work in cooperation with the City
of San Diego and other interested cities to develop the agreements and
arrangements to enable the County to provide such a service. The thrust of this concept was that the County would give regional scope to animal regulation. On October 2, 1973 (71) your Board approved, in principle,
the non-kennel provisions contained in the uniform Animal Regulation Ordinance prepared by County Counsel and presented separately for con- sideration by your Board. The kennel provisions are existing provisions
and will be revised at a later date.
The basic objectives of this revised ordinance are:
1. To provide a uniform animal regulation ordinance for all areas served by County Animal Regulation. Lack of uniformity of the
various ordinances increases the cost of enforcement and makes it
impossible to determine a uniform level of service.
2. To provide conformity with changes in the Penal Code. The current
problem is that County Animal Regulation, while having the authority
to cite in the unincorporated area and in five contract cities, does
not have this authority in the City of San Diego which presents about
half of the enforcement problems. Humane groups point out that it is
not the dogs who should be punished but their owners. This can be accomplished through the authority to cite in the proposed ordinance. While County Ordinance now grants authority for Animal Control Officers to cite in lieu of arrest, recent changes fn the State Penal Code make
authority to arrest essential for issuing citations.
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Board of Supervisors -2- 10-24-1973
3, To provide a better animal regulation ordinance than any of the current
ordinances of the County or the cities served by combining the best provisions of each and incorporating 'appropriate provisions and enforce- ment methods of current State Codes.
4. To encourage animal ownership responsibility and facilitate enforcement by penalizing violating owners rather than innocent dogs. This will
help reduce the'need to impound, house and dispose of increasingly large
numbers of dogs.
5. To allow for increased efficiency and reduced cost.
This ordinance was prepared by County Counsel in conjunction with the County Veterinarian and reviewed and supported by contrac;ing cities, local humane
organizations, the Animal Health & Regulatory Cooonittee, and the Special
Public Services Agency Advisory Board, A great deal of effort has been nade by the County Veterinarian and the Animal Xealth 6 Regulatory Committee to
obtain maximum citizen input before presentation to your Board. It is, therefore, my
, RECOMMENDATION: That your Board
Adopt the form of ordinance prepared by County Counsel, which provides
for a uniform Animal Regulation Ordinance through consolidation of
existing County, City and State statutes relating to animal control,
and provides for improved and uniform means of enforcement.
Discussion
To achieve the objectives of this ordinance, several changes have been made
from the current City and County Codes which this ordinance would replace:
CITATIONS. This ordinance provides for two distinct types of citations; the first is the traditional and currently used system outlined in the
California Penal Code requiring the arrested person to be taken before a Magistrate or to sign a Notice agreeing to Appear in Court.
The policy is- and will be to call a Peace Officer should a citizen demand
to be taken before a Magistrate. If, however, he wishes to sign a promise to Appear in Court, a Citation will be issued.
The second is an innovative approach modeled after the parking ticket type of citation which does not require the presence or signature of the offending person. This method will perml 't enforcement in those cases where the
responsible person is not immediately available and in many cases it will avoid the necessity of impounding the animal.
The State Health and Safety Code and the current County Code designates
the Health Officer as an enforcing officer in many aspects of Rabies and
sanitation control. Since the State Law pre-empts in these areas, the
Health Officer has been included as an enforcing officer.
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BAIL SCHEDULE. Bail schedules already established for violations will be
re-evaluated by the Judicial Council next month.
FEES. This ordinance provides that fees for animal regulation services be
set to approximate the actual cost of these services as nearly as possible.
It provides for the basic dog license fee to be set by resolution of the
Board of Supervisors. Other animal regulation fees would be set by the
County Veterinarian with the written approval of the Special Public Services
Administrator to carry out your Board's policy of recovering costs. A list
of currently approved fees shall be available for public inspection at the
County Animal Shelters and on file with the Clerk of the Board of Supervisors.
LEASH LAW. This ordinance would require owners to confine their dogs on private property in such a manner that they could not wander off in contrast
to the current ordinance which allows dogs tc be at-large on the owner's property. The problem is that loose dogs on an owner's property frequently leave that property and become a nuisance.
v1c10us ANIMALS. This ordinance combines provisions of City and County ordinances pertaining to vicious animals. It defines a vicious animal and
declares it to be a public nuisance and allows the County Veterinarian to
take appropriate action to abate such nuisances.
FEROCIOUS BEASTS. This ordinance adopts provisions of the San Diego City
Code. Currently in County areas, the keeping of ferocious beasts is
controlled by the Zoning Ordinance which excludes such animals from all
residential zones and requires a special use permit in other zones. Special
use permits for this purpose have never been issued.
REPORTING REQUIRED. This ordinance would require veterinarians to report
dogs vaccinated for rabies, and for pet shops, humane societies, breeding kennels and others to report dogs sold, in order to enhance licensing and
rabies and population control programs.
CONDITIONS OF ANIMAL OWNERSHIP. This ordinance for the first time spells
out to owners exactly what their responsibilities are. This provides a
"Bill of Rights" for animals. and for neighbors of animal owners.
RELINQUISHING INFORMATION REQUIRED. Citizens relinquishing any animal will be required to provide the facts regarding their possession of the animal.
The current County ordinance requires such information only when dogs are
relinquished.
DISTURBING THE PEACE. This ordinance provides for two or more citizens
residing at different addresses to establish prima facie evidence that an
animal has disturbed the peace. Both citizens would be required to testify
in court, if the case goes to court. The requirement for two citizens is
more stringent than the citizen's arrest procedure in the California Penal
Code which only requires one citizen.
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LICENSE RENEWAL PERIOD. This ordinance extends the renewal period from
one month to three months. Renewal will be allowed from December 1 until
the end of February. This will provide added convenience to the public and
spread out peak load activities of the County Veterinarian.
A draft of this proposed ordinance has been furnished to all City Managers
in the County, all animal welfare groups and all Town Councils of which we
have addresses. This ordinance incorporates many suggestions made by these
groups. The above 'recommendation has the endorsement of both the Animal
Health & Regulatory Committee and the Special Public Services Agency Advisory
Board.
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JAMES M. MOON, Administrator
Special Public Services Agency
, Fiscal Impact: Not yet determined. Fees which,determine revenue will not
be set by this ordinance. Cost of enforcement should be
less than for current provisions, Uniformity will reduce
County administrative costs of providing animal regulation
services to cities.
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cc: County Veterinarian
Tax Collector Health Officer Animal Health & Regulatory Committee
SPSA Advisory Board City Managers Animal Welfare Groups
Town Councils San Diego County Veterinary Medical Assoc.
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ORDINANCE NO. 3099'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TH.E
MUNICIPAL CODE BY REPEALING CHAPTER 7.08
REGULATING RABIES AND PROVIDING FOR ANIMAL CONTROL AND REGULATION BY THE ADOPTION BY REFERENCE OF CHAPTER 6, DIVISION 2, TITLE 6
OF THE SAN DIEGO COUNTY CODE.
-The City Council of the City of Carlsbad, C.alifornia,
does ordain as follows:
.- SECTION 1. That the Municipal Code of the City of
Carlsbad is amended by repealing Chapter 7.08.
SECTION 2. That the Municipal Code of the City of
Carlsbad is amended by the addition of Chapter 7.08 to read as
foll.ows:
CHAPTER 7.08
Rabies, Animal Control and Regulation
Sections 7.08.010. Adoption of Regulations
Chapter 6 (commencing with Section 62.601) of Division 2
of Title 6-of the San Diego County Code is adopted by reference .
except that wherever the provisions thereof refer to a county'of
San Diego board, territory, area, agency, official, employee or
otherwise, it shall mean the corresponding board, territory, area,
agency, official, employee or otherwise of the City of Carlsbad
and if there is none, it shall mean that the County is acting in
the same capacity on behalf of.the City of Carlsbad.
EFFECTIVE DATE. This 0rdinanc.e shall be effective thirty
(30) days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at .
least once'in the Carlsbad Journal within fifteen (15) days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of Jarluary , _- F _..-.- -.---.-.-I------- .
1974; and thereafter PASSED AND ADOPTED at a regular tneeting of
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said City Council held on th'e 15th day of January ,
1974 by the following vote, to wit:
AYES: Councilmen Dunne, McComas, .Lewis, Chase and Frazee
NOES; .',None. . n
ABSENT: None.
Attest:
(Seal)
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1 RESOLUTION N0.v~--32g6-
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A RESOLUTION OF TtiE CITY COUNCIL OF
THE CITY OF CRRLSBAD, CALIFORNIA
SETTING DOG LICENSE FEES AND ANIMAL.
REGULATION SFRVICE FEES. - .__--_-~ -z-I- -_-__I_ --..-- --__I__-
WHEREAS, the County Board of Supervisors on November 13,
1973, adopted County Resolution No. 49 establishing new fees
for dog licenses and animal regulation services, said resolution
8 is attached as Exhibit A and incorporated by reference herein;
and
'10 WHEREAS, the County of San Diego provides animal regu-
11 lation services for the City of Carlsbad under agreement which
12 requires the City to collect County fees;
13 NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. The fees established by the County in
Resolution No. 49 are hereby adopted
for the City of Carlsbad..
2. This resolution will be effective until
Ordinance No.309gis finally adopted and
becomes effective.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California, at a regular meeting held on
the 4th day of December, 1973, by the followfng vote, to wit:
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AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
ATTEST:
DAmjT DUMNE-,Maybr
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No, 49 TUESDAY, NOVEXBER 13, 1973
FZSOLUTION SETTING DOG LICEWE FEES AND ANIl$i$L Rl3GULATION SERVICES FEES
On motion of Supervisor Taylor. , seconded
by Supervisor Brown , the following resolution
is adopted:
WHEREAS, on October 30, 1973 (1) the Board of Supervisors
adopted a revised animal regulation ordinance (Ordinance
NO. 4188 (hew Series)) to be added to the San Diego County
Code; and
WHEREAS, Section 4 of said ordinance added Section
62.666 to the San Diego County Code, which section provides
for dog license fees and animal regulation services fees
to be set by resolution of the Board of Supervisors; and
WHEREAS, the Special Public Services Agency has
recommended a list of fees for dog licensing and animal
regulation services as appropriate to achieve the Board
of Supervisors ) directive of making the County animal
control program self-sustaining; NOW THEREFORE
BE IT RESOLVED as follows:
Dog license fees and animal regulation services fees
shall be & effect as of November 29,1973 as follows:
FEES FOR DOG LICENSING
1. Dog License Fees 1 year 2 years
Males $5.00 $9.00
Spayed Females* $5.00 $9.00
Unspayed Females $10.00 $18.00
*Includes females with non-surgical means of sterilization approved by the County Veterinarian, including but not limited to intravaginal devices, subcutaneous tiplants, injection.
EXHIBIT A
. a - . No, 49 --TUESDAY, NOVEM.BER 13, 197-
Licenses for l/2 year, 1 l/2 years, and 2 l/2 years shall be available only after July 1 of each year. The fee for a half-year license shall be one-half the full one- -year fee. The 1 l/2 and 2 l/2 year fees shall be the sum of the half-year fee plus the 1 or 2 year fee as the case *may be.
Dog license fees shall be non-refundable.
2. Dog Licenses Without Fee
The following classes of dogs shall be licensed without fee:
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Seeing-eye dogs and dogs which have served with the armed forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the provisions of the County Code, but their owners shall be exempt from the license fee.
Dogs used on farms for the primary purpose of herding livestock must be licensed and vaccinated under the provisions of the County Code, but their owners shall be exempt from the license fee.. To qualify for the exemption in this subsection, the owner must furnish an affidavit or declaration under penalty of perjury on blanks furnished by the Tax Collector or the County Veterinarian that his dog is necessary for herding livestock and is used primarily for that purpose.
Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of the County Code, but their owners shall be exempt from the license fee.
Dogs kept on federal Indian trust or restricted land within the boundaries of the County must be licensed and vaccinated under the provisions of the County Code, but their owners shall be exempt from the license fee. To qualify for the exemption in this subsection, the owner must furnish an affidavit or declaration under penalty of perjury on blanks-furnished by the Tax Collector or the County Veterinarian that he resides and keeps his dog upon federal Indian trust or restricted land,
One-time License Fee Exemption for Spayed Female Dogs.
Female dogs that have been spayed must be licensed and vaccinated under the provisions of the County
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49 -TUESDAY, NOVEMBER 13, l%'c-
Code; provided, however, the owner of any such dog may receive a one-time only exemption froa the license fee. Such one-time exemption shall not exceed a two-year licensing period; however, the owner may elect to claim the exemption for a shorter licensing period. In no case will a refund be made .of a license fee already paid.
The owner of any female dog not licensed at the time of spaying may secure such exemption upon application for a license and payment of any applicable late licensing fee. Such owner may elect to claim the fee exemption for the remainder of the then current licensing period or to defer his claim for exemption until the next subsequent licensing period in order to have the opportunity to benefit from a full fee exemption.
'To qualify for the exemption in this section, the following conditions must be met:
(1)
(2)
(3)
(4)
The dog must have been spayed on or after January 18, 1972.
A separate application for exemption shall be made for each dog on the form provided by the County Tax Collecto r or the County Veterinarian, and an exe,mption granted for one dog may not be carried over or transferred to another dog.
The owner applying for an exemption shall furnish proof of spaying in a form and manner acceptable to the County Veterinarian.
The rabies vaccination for an eligible dog must be valid for the entire licensing period for which the exemption is claimed.
Late Fee. $2.00
Transfer Fee. $1.00
(No charge when the Tax Collector has determined the lateness was the.result of delay in the administrative process.)
ReplacementFee. $1.00
FEES FOR ANIMAL REGULATION SERVICES
1. Roard Fee.
$1.00 per day for dog, cat, and up to 5 fowl
$2.00 per day for sheep, goat, pig, calf, equine, bovine, and exotic animals
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No. 49 -TUESDAY, NOVEPBER 13, 197,
2. Redemption of Impounded Animals.
$5.00 - Dogs, cats, and fowl
$10.00 - Sheep, goats, pigs, calve's, and exotic animals
$25.00 - Horses (all equine) and bovines
$10.00 - Additional charge during hours Shelter Office is closed, applicable only when officer is available
.Redemption fee for a mother covers all nursing offspring.
3.
4. Rabies Vaccination Fee. $2.00 per dog
5. Relinquishment Fees (Disposal Fee Included).
6. Disuosal Fee for Euthanized Animals.
Veterinary Fees. $5.00 minimum charge for treatment of impounded animals
$5.00 each for pickup of small animals in the field at owner's request
$5.00 each for pickup of small animals from non-contract cities relinquished by their owner at the shelter
7. No fee for animals relinquished at the shelter by residents of the unincorporated areas and of contract cities.
8. Whether or not an animal regulation services fee is
$ .50 each for euthanizedanimal bodies made available for scientific, medical or teaching purposes, subject to the prior approval of the County Veterinarian, and when in the opinion of the County Veterinarian such purposes serve the public interest.
applicable shall be determined by the County Veterinarian.
9. Animal regulation services fees for redemption of impounded animals, relinquishment, adoption, disposal, and veterinary treatment not specified above shall be determined by the County Veterinarian, in hisbest judgment to approximate actual costs.
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No. 43 TUESDAY, NOVEMBER 13, 1973
PASSED AND ADOPTED by the Board of Supervisors of
the County of San Diego, this 13th day of November
1973 by the following vote:
AYES: Supervisors Brown, Conde, and Taylor
NOES : Sup&visors None
ABSENT: Supervisor Walsh
Supervisor Bear abstains from voting
STATE OF CALfFORIUA ) ss. County of San Diego )
I, PORTER D. CREMJS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoin original resolution passed and adopted by said Roard, at a f copy with the regu ar
,'meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript : therefrom and of the whole thereof.
Witness my hand and the seal of said Board of Supervisors, this 13th of November, 1973. day
IQRTER D. CREMAHS Clerk of the Doard of Supervisors
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