The purpose of this section is to recognize the establishment by Kershaw County of the Kershaw County Special Services Department and to provide for its organization and basic procedures and application thereof to the city.
(A) There is hereby established by the joint action of the Kershaw County Council and the City Council of Camden, the Kershaw County Special Services Department, composed of the city and that portion of the county located outside the bounds of the city.
(B) Duties and responsibilities.
(1) It will be the duty and responsibility of the Kershaw County Special Services Department to carry out and enforce the animal control ordinances and the litter control ordinances of the county and the city. All officers of the Special Services Department of the county engaged in the enforcement of either the animal control ordinances or the litter ordinances shall be duly commissioned as state constables, and are vested with police powers to enforce and administer all county and city ordinances and sate laws and regulations or rules pertaining to animal control or litter control. The Special Services Department will be under the supervision of the Director of Special Services whose duty it shall be to direct, supervise, recommend, and carry out the animal control programs and litter control programs and to enforce the same within the bounds of the county and the city as authorized. The Director of Special Services is designated as the chief constable and shall have such additional duties and responsibilities as hereinafter set forth in this ordinance or as may be directed by the County Administrator. The Director of Special Services shall be selected by the County Administrator.
(C) Budget.
(1) A complete and comprehensive budget reflecting all anticipated income and expenditures for this fiscal year of the special Services Department will be prepared by the Special Services Director each year in time to be studied and incorporated in both the city and county budgets. The final approval for any and all income and expenditures are subject to the approval of the City and County Councils. Agreement between the two bodies shall be finalized by April 1 of each year. The budget of the Department will not be deemed to have been approved until such time as identical draft budgets have been approved by both the City and County Councils.
(2) The fiscal year of the Department will begin July 1 of each year.
(3) The budget will be set up in two parts. The portion which deals with the income and expenditure of funds for tax-supported activities will be included in the county budget. All income related to this part of the budget will pass through the County Treasurer's office and expenditures will be authorized through the Office of the County Administrator.
(4) The financial contributions of the city to the Department will be forwarded to the County Treasurer's office for disbursement.
(5) That portion of the budget that handles income derived from fees, donations, special events, and other similar activities will be handled in bank accounts and expenditures will be authorized by the Special Services Department Director. No expenditure may be made which is not authorized in the budget without consent of the County Council, and the Special Services Director will cause to be produced a monthly statement of income and expenditures compared to budget for review by the City and County Councils.
(6) The financial records and transactions of the District will be audited annually as a part of the regular county audit.
(D) Financial responsibilities.
(1) Each year as a part of its budget preparation, the County Special Services Department will order a participation census of the various animal control activities provided for the previous year. A use ratio will be determined from the participation census, establishing the percentage of use of animal control and litter activities by residents living outside of the city limits and residents living inside of the city limits. The following shall be considered in establishing the use ratio: number of animals picked up, number of animals received at the shelter, number of complaints made to the shelter, number of complaints unanswered, number of animals adopted, number of litter citations issued, number of leash law citations issued, and other matters of like nature. The county will be responsible for the percentage of the budget of the animal control/litter district equal to the percentage of use of the animal control and litter facilities and activities by residents residing outside of the city limits. The city agrees to accept its percentage responsibility for the balance of the budget of the Fiscal Services Department as evidenced by that percentage figure for use of animal control and litter facilities and functions by residents residing in the city.
(2) Any disagreements arising hereunder between the city and county will be referred to a conference committee of four members, two from each Council, which will be appointed to study the disagreement and recommend its resolution to the Councils.
(3) The Special Services Department will operate within the budgets currently in effect for fiscal year 1989 by the city and the county, the use ratio shall become the basis of support for the city and the county for fiscal year 1990 which begins July 1, 1989.
(E) Building lease and maintenance.
(1) Building lease. The city shall lease unto the county for a nominal fee of $5 per year any and all city facilities currently used specifically for animal control and/or litter control. The lease shall specify that it shall continue on an annual basis but shall be terminable by the city or county on one year's written notice to the other.
(2) Building maintenance. The county will be responsible for all maintenance, repairs, utilities, and like items with the city paying its prorate share. The county will also be responsible for all capital improvements with the city paying its pro-rata share. All of these items shall be addressed in the joint budget established by the city and the county. Upon the termination of the lease of the facilities owned by the city, the city agrees that it will pay unto the county for the costs of capital improvements in an amount based upon agreed depreciation schedule of the improvements made. At any time the capital improvements are made, the city and county agree to enter into an agreement establishing a depreciation schedule.
(3) All maintenance of grounds or buildings which is related to the animal control and litter programs, other than the structural maintenance as set forth above, will be the responsibility of the Special Services Department. This cost should be anticipated by and reflected in the budget of the Department.
(F) Equipment and equipment maintenance.
(1) All equipment currently belonging to the city which is being used for animal control and litter control, including automobiles, will be transferred to the county. The costs of all future equipment purchase will be shared on the pro-rata formula established by the use ratio.
(2) The maintenance of all animal control or litter equipment shall be performed by the county, with the city paying its pro-rata share as determined by the use ratio.
(G) Capital improvement. The purchase, construction, or other procurement of new animal control/litter facilities or capital improvements will be the responsibility of the owner, such as the county or the city, with the maintenance to be as above outlined. The Special Services Department Director is hereby directed and will be responsible for the maintenance of a five-year capital improvement program to assist the City and County Councils in Planning for the providing of financial support to the Special Services Department.
(H) Title of equipment. Motor vehicles for which certificates of title are required under state law and no longer used by the Special Services Department will be returned to the owner as named in such certificate of title.
(I) Fines. Any fines for violation of ordinances occurring within the city shall be remitted to the city on a monthly basis. Any funds arising from offenses occurring outside the city within the bounds of the county will be remitted to the County Treasurer.
(J) Amendment or abrogation.
(1) This section may be amended by a joint ordinance of the City Council and the County Council. This section may be abrogated by either the County council or the City Council by ordinance duly passed, the abrogation to take effect one year from the date of adoption of the abrogation ordinance.
(2) In the event of abrogation of this section, capital equipment or implements acquired hereunder shall be distributed to the county or city in accordance with resolution then adopted by the City Council and County Council.
(Ord., passed 2-14-89; Am. Ord. 2015-019, passed 8-25-15)
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Editor’s Note:
Ordinance 2015-019 repeals this section, effective as of August 25, 2016.