HomeMy WebLinkAboutMC-1141
Adopted: April 21, 2003
Effective: May 22, 2003
I ORDINANCE NO. MC-1l41
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
5.04.497 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SEIZURE AND
3 HEARINGS REGARDING TRANSIENT VENDOR MERCHANDISE.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. San Bernardino Municipal Code Section 5,04.497 is amended to now read in
its entirety as follows:
7 "5.04.497 Seizure; hearing.
A. In addition to any criminal action which may be taken, any authorized officer may
8 seize the items offered for sale contrary to Sections 5.04.495 and 5.04.496 and hold said
items pending a hearing before the City Clerk or his or her designee. Said hearing must be
9 held within thirty (30) days following the giving of notice of such seizure to the seller. If
the seller is unavailable or unknown, notice ofthe hearing may be posted at the location
10 where the items were offered for sale.
B. At the hearing the City Clerk or his or her designee shall determine whether a
II business registration certificate pursuant to this Chapter has been issued, If he or she
determines that such certificate has not been issued he or she may destroy or otherwise
12 dispose of the items or may return such items to the seller upon the payment of all costs
of the seizure and hearing by the seller. Ifthere is a dispute over the value of the seized
13 items, between the seizing officer and the seller, the City Clerk or his or her designee
shall make a determination of the value of the seized items based upon the evidence
14 presented at the hearing.
C. If the seized items have a value greater than $100.00, the seller may appeal the
15 decision of the City Clerk or his or her designee to the Common Council pursuant to
Chapter 2.64. For seized items that have a value of $1 00.00 or less, the decision of the
16 City Clerk or his or her designee shall be final.
D. If the items seized are evidence in a criminal proceeding they shall not be returned
17 or destroyed pending release by the appropriate authorities. If the items seized are
perishable, the City may donate the property to any bona fide charitable organization
18 provided that said donation is in conformance with the requirements of Health and Safety
Code Section I I 3740(b) as interpreted by the San Bernardino County Department of
19 Public Health, or the City may otherwise dispose of the perishable items. If the seller
waives his or her right to a hearing pursuant to this section, then the goods may be
20 immediately destroyed or otherwise disposed of by the City. If the seller or his or her
agent does not appear for the hearing provided for in this section the items shall be
21 deemed abandoned and may immediately be disposed of as other surplus City property,
Any animals seized pursuant to this section shall be impounded or returned pursuant to
22 Title 6.
E. As used in this section "officer" or "authorized officer" shall mean any police officer
23 of the City of San Bernardino, any of the officers specified in Section 9.90.01O.A.7 of this
Code with regard to animals, and any of the officers specified in Section 9.90.01 0.A.5,
24 Section 9.90.01O.A.6, and Section 9.90.010.A.8.
F. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the
25 decision of the City Clerk or his or her designee, or the Common Council, shall be
commenced no later than the ninetieth day after the date said decision is adopted."
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MC-1l4 I
1
AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.497
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SEIZURE AND
HEARINGS REGARDING TRANSIENT MERCHANT MERCHANDISE.
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3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the
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5 21stdayof April
6 COUNCIL MEMBERS:
7 ESTRADA
8 LONGVILLE
9 MCGINNIS
10 DERRY
11 SUAREZ
12 ANDERSON
13 MCCAMMACK
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, 2003, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
G,~~
Cit9-Clerk
16 The foregoing Ordinance is hereby approved ,2003.
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21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN
City Attorney
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