HomeMy WebLinkAboutMC-868
Effective: 4pri1 5, 1993
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HC-868
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY; AND DECLARING THE URGENCY THEREOF
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.46.100 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"It shall be a misdemeanor, punishable by a
fine of not to exceed five hundred dollars,
or by imprisonment for not to exceed six
months, or both, for any person, during an
emergency, to:
A. Willfully obstruct, hinder, or delay
any member of the emergency organization in
the enforcement of any lawful rule or
regulation issued pursuant to this chapter,
or in the performance of any duty imposed
upon him by virtue of t!1: s chapter;
B. Do any act forbidden by any lawful
rule or regulation issued pursuant to this
chapter;
C. Willfully do any act during an
emergency which is of such a nature as to
give or be likely to give assistance to the
enemy or to imperil the lives or property
of inhabitants of this Ci.ty, or to prevent,
hinder, or delay the d8E~mse or protection
thereof;
AB:km[PUNISH2.0RDJ
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March 29, 1993
Me-868
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D. Wear, carry or display, without
authority, any means of identification
specified by the emergency agency of the
state."
SECTION 2. Urgency. This ora Lnance is an urgency ordinance
that will take effect immediately upon its adoption. The matters
supporting the urgency are that the recent decision by the
Appellate Division of the Los Angeles Superior Court in the case
of People v. Continola overturned arrests for curfew violations
under an ordinance with almost identical language to that of the
City of San Bernardino. Those curfew arrests arose out of the
riots following the decision of the State prosecution relating to
the Rodney King incident. With the federal civil rights
prosecution trial over the same in': ident now in progress and the
possibility of renewed rioting no matter what the verdict, it is
essential and a matter of public peace, health and safety that the
City take all reasonable steps to assure that its ordinances to
preserve the public order are in keaping with the law should such
ordinances need to be used.
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A8:km[PUNISH2.0RD]
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March 29, 1993
MC-868
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY; AND DECLARING THE URGENCY THEREOF
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular
meeting thereof, held on the 5th
day of
April
1993, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
Q~~
CIt:Y Clerk
/,-j/L-.- day
The foregoing ordinance is hereby approve~
of April , 1993. /~
s
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B:f_l' ,~
AB:km[PUNISH2.0RD]
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March 29. 1993