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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Attorney's Office
Subject: An Ordinance to repeal and
replace San Bernardino Municipal Code
Section 8.82.050 of Chapter 8.82
regarding recovery of expenses for
extraordinary law enforcement services.
From: James F. Penman
City Attorney
Date: March 15, 2006
MICC Meeting Date: March 20, 2006
Synopsis of Previous Council Action:
March 6, 2006 - Mayor and Common Council approved an urgency ordinance
regarding recover of expenses for extraordinary law enforcement services that went into
effect immediately.
Recommended Motion: Refer to the Legislative Review Committee for study and
report back to the Mayor and Common Council.
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Signature
Contact person: M"r;"nn.. Millig"n.
Sr. Assistant City Attorney
Phone: ..d ,,~""
Supporting data attached: Staff Report & Ordinance
Ward: City-Wide
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(A"r.t n..""rirtinn)
Finance:
Council Notes:
Agenda Item No. ?.q
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman
City Attorney
Subject: An Ordinance to repeal and
replace San Bernardino Municipal Code
Section 8.82.050 of Chapter 8.82
regarding recovery of expenses for
extraordinary law enforcement services.
Dept: City Attorney's Office
Date: March 15, 2006
MICC Meeting Date: March 20, 2006
Synopsis of Previous Council Action:
March 6, 2006 - Mayor and Common Council approved an urgency ordinance
regarding recover of expenses for extraordinary law enforcement services that went into
effect immediately.
Recommended Motion: Refer to the Legislative Review Committee for study and
report back to the Mayor and Common Council.
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Signature
Contact person: M::ui::mnl" Millig::m,
Sr. Assistant City Attorney
Phone: I"yt 5~55
Supporting data attached: Staff Report & Ordinance
Ward: City-Wide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Accl. No.)
(Arrt npc;rrirtinn)
Finance:
Council Notes:
Agenda Item No. .:z '-/
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STAFF REPORT
Council Meeting Date: March 6, 2006
TO:
Mayor and Common Council
FROl\1:
City Attorney's Office
DATE:
March 6, 2006
RE:
An Ordinance to repeal and replace San Bernardino Municipal Code Section
8.82.050 of Chapter 8.82 regarding recoyery of expenses for extraordinary law
enforcement services.
BACKGROl'ND:
At the last meeting of the I\1ayor and Common Council, an Urgency Ordinance was passed to
allow the City to recoyer expenses for extraordinary law enforcement services because the
?\:ational Orange Show Eyents Center ("NOS") had 2 concel1S scheduled for Saturday, I\1arch
I\larch I!, 2006 and for Saturday May 13, 2006 - 2 events that would haye presented crowd
control problems. For that reason, the Council approyed the Urgency Ordinance. It is now
recommended that a "regular" ordinance be giyen first reading as "back-up" to the Urgency
Ordinance. In doing this, if the Urgency Ordinance is for some reason challenged, the regular
Ordinance will be in effect.
CLTRRE:\T ISSVE:
Currently, a prerequisite to the City's recovery of costs from a party for extraordinary
police services pursuant to San Bernardino Municipal Code ("SBMe') Chapter 8.82 is a
requirement that the investigating Police Officer must proyide a"] 51 warning" in writing to the
person in charge. Because events occur from time to time, such as the concert and ensuing riot
on Saturday, March 4, 2006 at the NOS, it is not always feasible for a Police Officer to provide
written warning to the person in charge.
This Ordinance makes it clear that it is the intent of the ordinance to allow the City to
recmer the costs for extraordinary police services in situations such as the NOS concert without
the requirement of a written notice when the circumstances prevent such notice to be provioed.
RECOMMENDA nON:
It is recommended that the City Council refer the attached Ordinance amending Section 8.82.050
of the San Bernardino t\1unicipal Code to the Legislative Review Committee for review and a
report back to the Mayor and Common Council.
ORDINANCE NO. 06-_
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING AND REPLACING SAN BERNARDINO
MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82
REGARDING RECOVERY OF EXPENSES FOR
EXTRAORDINARY LAW ENFORCEMENT SERVICES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
Section 1. San Bernardino Municipal Code Section 8.82050 of Chapter 8.82 is
hereby repealed and replaced with the following:
8.82.050 Unscheduled Events.
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A. Except as provided herein below, if an unscheduled event occurs and a law
enforcement officer investigating the matter determines that the same is a threat to the
public peace, health, safety or general welfare or constitutes a nuisance, said officer may,
in addition to any other duty or responsibility imposed upon him by law, give written
warning notice to the person in charge of the premises that if a second response 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 law
enforcement services necessary to abate the disturbance or other activity giving rise to law
enforcement services over and above the normal services expended in connection with the
first call.
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B. If an unscheduled event occurs and a law enforcement officer 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 a 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 law enforcement services
necessary to abate the disturbance or other activity giving rise to law enforcement services
over and above the normal services expended in connection with the call.
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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 the public peace,
health, safety or general welfare shall be deemed to be extraordinary law enforcement
services over and above the normal services provided Citywide and the cost of said
extraordinary law enforcement services, including damage to city or law 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 of the law
enforcement agency called in including but not limited to mutual aid agencies to control or
abate the nuisance or to protect the public peace, health, safety or general welfare shall be
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deemed to be extraordinary law enforcement services over and above the normal services
provided Citywide and the cost of said extraordinary law enforcement services, including
') damage to city or law enforcement property, shall be billed to and is the legal responsibility
of the person in charge.
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Section 3. In the event that any provision of this Ordinance, or any part thereof, or
any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by an court of competent jurisdiction on
its face or as applied, such holding shall not affect the validity of the remaining provisions
of this Ordinance, or any part thereof, or any application thereof to any person or
circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provision not been included
herein.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING AND REPLACING SAN BERNARDINO
MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82
REGARDING RECOVERY OF EXPENSES FOR
EXTRAORDINARY LAW ENFORCEMENT SERVICES.
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6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a regular meeting thereof,
7 held on the 20th day of March, 2006, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES
9 ESTRADA
]0 BAXTER
] ] MCGINNIS
] ~ DERRY
] 3 KELLEY
]-l JOHNSON
]5 MC CAMMACK
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NAYS ABSTAIN ABSENT
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Rachel Clark, City Clerk
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The foregoing Urgency Ordinance is hereby approved this 20th day of March, 2006.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
:::3 Approved as to form
and legal content
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JAMES F. PENMAN
City Attorney
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