HomeMy WebLinkAboutMC-1219U
Adopted:
Effective:
March 6. 2006
March 6. 2006
1
URGENCY ORDINANCE NO. Me 1219
2
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
3
4
5
6
7
Section 1. Findings.
8
9
WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk roc
concert event (the "2K6") was held at the National Orange Show Events Center ("NOS"
in San Bernardino, California; and
10
11
WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (th
"Pavilion") which has a seating capacity of approximately 5,000 people. The estimated
attendance at the 2K6 concert was approximately 4,500 persons attended the 2K
concert; and
12
13
14
WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officer
responded to a disturbance call to the NOS; and
15
16
WHEREAS, upon responding to this call, the Officers determined that a stabbing
had taken place at the Pavilion. During their investigation, the crowd became more and
more unruly and difficult to control. The responding Officers being extremel
outnumbered formed skirmish lines to attempt crowd control. However, the crowd gre
and became so aggressive; the responding Officers were soon far outnumbered and
had to move to defensive positions. While in these positions they ran out of crowd
control measures, such as tear gas and less lethal munitions and had to resort to clos
quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and
other flying objects. Once mutual aid arrived on scene, Officers were able to utiliz
additional tear gas and less lethal munitions to drive the crowd back and eventuall
disperse the crowd. It took another hour to an hour and a half to fully disperse th
crowd. Notwithstanding the crowd disbursement, several groups of troublemakers stil
traveled the City streets requiring an ongoing police presence to protect life and
property; and
17
18
19
20
21
22
23
24
25
WHEREAS, even after the crowd was disbursed from the NOS, Police presenc
was still required to control ingress and egress for several blocks surrounding the NO
as groups of troublemakers began to engage in civil disobedience, causing propert
damage to 41 business surrounding the NOS, damage to vehicles, including polic
vehicles It took both SBPD and mutual aid several more hours to fully secure th
surrounding community; and
26
27
28
MC-1219
1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
2
3
4
5
6
WHEREAS, Approximately 150 police and fire personnel were required to quel
7 the rioting crowd resulting in enormous costs to the City and other responding agencies;
and
8
9
WHEREAS, the NOS has other pending events scheduled for this Saturday,
March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additiona
crowd control problems; and
10
11
WHEREAS, the San Bernardino Municipal Code Chapter 8.82 contemplates th
recovery of costs for extraordinary police services for unscheduled events that create
need for extraordinary police services, and the current ordinance requires that th
Police Department provide a written notice to cease and desist the threat to publi
peace, health, safety and general welfare of the public; and
12
13
14
15
WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible fo
the Police to give a written warning to the person in charge; and
16
17
WHEREAS, it is the intent of the Mayor and Common Council to recover th
costs for extraordinary police services for situations like the 2K6 concert without th
requirement of a written notice when the circumstance prevent such notice to b
provided; Therefore:
18
19
20
Section 2.Findings of Urgency.
21
22
The Mayor and Common Council of the City of San Bernardino, pursuant to th
provisions of Government Code section 36937(b), finds and declares that it i
necessary that this ordinance become effective upon its passage for the immediat
preservation of the public peace, health and safety for the reasons set forth above in
Section 1, which findings are incorporated herein by this reference. Due to the abov
stated reasons and because of the impending dates for the additional events at th
NOS, this ordinance needs to take effect upon its adoption as an urgency measure t
protect and preserve the public's interests and general welfare in case another even
occurs that requires extraordinary police services but no opportunity to provide a written
warning to the person in charge.
23
24
25
26
27
28
III
2
MC-1219
1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
2
3
4
5
6
Section 3. San Bernardino Municipal Code Section 8.82.050 of Chapter 8.8
is hereby repealed and replaced with the following:
7
8.82.050 Unscheduled Events.
8
9
A. Except as provided herein below, if an unscheduled event occurs and
law enforcement officer investigating the matter determines that the same is a threat t
the public peace, health, safety or general welfare or constitutes a nuisance, said office
may, in addition to any other duty or responsibility imposed upon him by law, giv
written warning notice to the person in charge of the premises that if a second respons
is necessary because of a continuation of any objectionable activity that the person in
charge will be held liable to the City of San Bernardino for the cost of all subsequent la
enforcement services necessary to abate the disturbance or other activity giving rise t
law enforcement services over and above the normal services expended in connection
with the first call.
10
11
12
13
14
15
B. If an unscheduled event occurs and a law enforcement office
investigating the matter determines that the same is a threat to the public peace, health,
safety or general welfare or constitutes a nuisance of an immediate nature such that
written warning is not feasible, a written warning shall not be required and the person in
charge will be held liable to the City of San Bernardino for the cost of all la
enforcement services necessary to abate the disturbance or other activity giving rise t
law enforcement services over and above the normal services expended in connection
with the call.
16
17
18
19
20
21
C. The personnel and equipment of the law enforcement agency utilized
after the first warning, if provided, to control or abate the nuisance or to protect th
public peace, health, safety or general welfare shall be deemed to be extraordinary la
enforcement services over and above the normal services provided Citywide and th
cost of said extraordinary law enforcement services, including damage to city or la
enforcement property, shall be billed to and is the legal responsibility of the person in
charge. In the event a written warning is not feasible, then personnel and equipment 0
the law enforcement agency called in including but not limited to mutual aid agencies t
control or abate the nuisance or to protect the public peace, health, safety or genera
welfare shall be deemed to be extraordinary law enforcement services over and abov
the normal services provided Citywide and the cost of said extraordinary la
enforcement services, including damage to city or law enforcement property, shall b
billed to and is the legal responsibility of the person in charge.
22
23
24
25
26
27
28
3
MC-1219
4
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
1
2
3
5
Section 4. This Urgency Ordinance is based upon the findings set forth in
Section 1, above, and the accompanying Staff Report and its attachments to thi
7 ordinance and is adopted pursuant to the authority granted to the City of San
Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Articl
8 III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinanc
9 shall take effect immediately upon adoption.
6
11
Section 5. The provisions of this Ordinance are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, 0
portion of this Ordinance, or the invalidity of the application thereof to any person 0
circumstance shall not affect the validity of the remainder of this Ordinance, or th
validity of its application to other persons or circumstances.
10
12
13
14 /II
15
16 /II
17
18 III
19 /II
20 /II
21 /II
22
/II
23
/II
24
25 /II
26 /II
27 /II
28
4
1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
2
3
4
5
6
I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted
7 by the Mayor and Common Council of the City of San Bernardino at a regula
meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit:
8
9
COUNCIL MEMBERS: AYES
ESTRADA x
BAXTER x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK
NAYS ABSTAIN ABSENT
10
11
12
13
14
15
16
x
17
~ !.t. ~
Ra el Clark, City Clerk
18
19
20
21
The foregoing Urgency Ordinance is hereby approved this 6th day of March,
2006.
22
23
24
25
26
27
JAMES F. PENMAN
28 City Attorney
5