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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 9.96 TO
THE SAN BERNARDINO MUNICIPAL CODE
REGARDING ESTABLISHING A
ORIGINAL PROCEDURE FOR THE DESIGNATION OF
CRIME FREE ZONES
Dept: City Attorney
Date: June 19, 2006
Synopsis of Previous Council action: None.
Recommended motion:
That said Ordinance be laid over for final reading.
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
FUNDING REQUIREMENTS:
Ward:
All
Amount:
NONE
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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75.0262
Agenda Item No.. :?
7-IO-Of,
STAFF REPORT
Council Meeting Date:
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
June 13, 2006
June 19,2006
This ordinance will create the ability to designate certain areas of the City as Crime Free
Zones. Once a Crime Free Zone is established the City will work with Probation and Parole to
insure that all Probationers and Parolees have, as a part of their terms and conditions of release, a
requirement to stay away from the Crime Free Zone. Additionally the City will concentrate its
police, fire, code enforcement and other resources in this area to eradicate crime. In order to
designate a Crime Free Zone, the Council must also pass a resolution declaring a specific area as
a Crime Free Zone. This resolution must be supported by evidence of a disproportionately high
number of arrests for the possession or distribution of illegal drugs, crimes against property,
crimes against persons and violent crime in the proposed Crime Free Zone. The City of
Lancaster has a similar Ordinance and has found it to be a very successful tool in reducing
narcotics related crime.
Additionally, this ordinance makes loitering in the Crime Free Zone a misdemeanor and
provides for a mandatory sentence of probation with a term requiring the defendant to stay away
from the Crime Free Zone. Currently, under the Municipal Code, loitering (Section 9.52.070) is
an infraction. By making loitering in the Crime Free Zone a misdemeanor and requiring
probation, we will be able to keep individuals that are not on probation or parole out of the Crime
Free Zone if they are caught loitering.
This program will require that the City Attorney, District Attorney, Police Department,
County Probation, and State Parole work together. The City Attorney's Office and the District
Attorney's Office met on March 29, 2006, regarding this initiative. On April 14, 2006 the Mayor
convened an introductory meeting with the above-mentioned agencies, as well as others, and the
City Attorney's Office has scheduled further meetings with the agencies to prepare for the
implementation of this program.
This ordinance went to the Legislative Review Committee on June 6, 2006.
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
3 CHAPTER 9.96 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
4 ESTABLISHING A PROCEDURE FOR THE DESIGNATION OF CRIME FREE ZONES
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. Chapter 9.96 is hereby added to the San Bernardino Municipal
8 Code to read as follows:
9 CHAPTER 9.96 CRIME FREE ZONES
10 9.96.010 Purpose.
11 The purpose of this chapter is to establish a procedure for the designation of crime free
12 zones within the city.
13 9.96.020 Definitions. In this section:
14 A. "Disperse" means to depart from the designated crime free zone and not to
15 reassemble within the crime free zone with anyone from the group ordered to
16 depart for the duration of the zone.
17 B. "Crime free zone" means an area that is established pursuant to Section 9.96.030.
18 C. "lllegal Drug"has the same meaning as the term "controlled substance" in Section
19 11007 of the California Health and Safety Code.
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D.
"Public place" means the public way and any other location open to the public,
whether publicly or privately owned, including, but not limited to any street,
sidewalk, avenue, highway, road, curb area, alley, park, playground or other public
ground or public building, any common area of a school, hospital, apartment
house, office building, transport facility, shop, privately owned place of business
to which the public is invited, including any place of amusement, entertainment,
or eating place. Any "public place" also includes the front yard area, driveway,
and walkway of any private residence, business, or apartment house.
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9.96.030 Procedure for establishing a crime free zone.
A. The city council may declare any area a crime free zone by adopting a resolution
setting forth the boundaries of such area.
B. In determining whether to designate a crime free zone, the city council shall
consider the following:
I. The occurrence of a disproportionately high number of arrests for the
possession or distribution of illegal drug, crimes against property, crimes
against persons, and other violent crimes in the proposed crime free zone;
2. Objective evidence or verifiable information that shows that illegal drugs
are being sold and distributed within the proposed crime free zone; and
3. Any other verifiable information from which the council may ascertain
whether the health and safety of residents who live in the proposed crime
free zone are endangered by the purchase, sale, or use of illegal drugs or
other illegal activity.
Notice of a crime free zone.
9.96.040
Upon the designation of a crime free zone, the city shall mark each block within the crime
free zone by posting the following information in the immediate area, of, and on the borders
around, the crime free zone:
A. A statement that the area has been designated a crime free zone;
B. The boundaries of the crime free zone;
C. A statement of the effective dates of the crime free zone designation; and
D. Any other additional notice to inform the public of the crime free zone.
9.96.050 Remaining in certain places within the Crime Free Zone without consent.
A. It is unlawful for any person, other than a public officer or employee acting within
the course and scope of his or her employment, to enter or remain in any public
place, as defined in this chapter, or private property, without the implied or
express consent of the owner, his or her agent or person in lawful possession
thereof, or with the knowledge that such consent has been withdrawn.
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B. Exceptions. This section shall not apply in any of the following instances: (1)
where its application is directly related to an act prohibited by the Unruh Civil
Rights Act or other law relating to prohibited discrimination against any person
on account of sex, color, race, religion, creed, ancestry, or national origin; (2)
where its application involves or is directly related to an act prohibited by Section
365 of the Penal Code or other law relating to the duties of innkeepers or common
carriers; or (3) where the property described in subsection A of this section is
owned, leased, or operated by the City or any other public entity and is open to the
public and the application of this section would result in an interference or
inhibition ofthe exercise of constitutionally protected right offreedom of speech,
provided the exercise of such right does not involve prohibited conduct, including
but not limited to conduct prohibited by Section 647 or Section 415 of the Penal
Code or any law or ordinance relating to the obstruction of any street, sidewalk,
or other public place or place open to the public.
C. Any person violating this Section is guilty of a misdemeanor which, upon
conviction thereof, is punishable in accordance with the provisions of Section
1.12.010 of the Code except that any person violating this section shall be placed
on summary probation with the term and condition that they stay away from the
Crime Free Zone.
9.96.060 Supplemental procedure.
The prohibitions set forth in this chapter are supplemental to any similar prohibitions set
forth in state law.
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1 9.96.070 Severability.
2 Should any provision, section, paragraph, sentence, or words of this Ordinance be
3 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
4 reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and
5 words of this Ordinance shall remain in full force and effect.
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5 ESTRADA
6 BAXTER
7 MCGINNIS
8 DERRY
9 KELLEY
10 JOHNSON
11 MCCAMMACK
1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a regular meeting thereof, held on
3 the _ day of _, 2006 the following vote, to wit:
4
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
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,2006.
The foregoing ordinance is hereby approved this _ day of
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PATRICK J. MORRIS, Mayor
19 City of San Bernardino
20 Approved as to form:
21 JAMES F. PENMAN,
City Attorney
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Meeting Date(Date Adopted):
Vote: Ayes: I - 1
.. FOR OmCE USE ONLY - NOT A PUBLIC DOCUMENT ..
ORDINANCE AGENDA ITEM TRACKING FORM
rl-/()'o(o Item # () X' Ordinance # mf' -/2c2g
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Nays:
Abstain:
Absent:
Change to motion to amend original docs:
Attachments:
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Contract Expiration Date:
Contract Term:
Date Sent to Mayor: 7- I / - oft:,
Date of Mayor's Signature: '7 - J:J. - r::Iv:>
Ord Log Updated: 7-/7-0'
Date Returned from Mayor: '7 - J:J. - DiP
Date of Clerk's Signature:
Seal Impressed: "1-/7-t)C::,
Date Memo Sent to Department for Signature:
See Attached:
Date Received Back:
Date Letter Sent to Outside Party for Signature:
_ day Reminder Letter Sent:
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See Attached:
Date Received Back:
Note With/On of Attachment stored separately:
Direct City Clerk-PUBLISH, POST, RECORD W COUNTY (circle 1) Date:
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Request for Council Action & Staff Report Attached:
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BEFORE FILING REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY ORDIN CE HRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:
D.. -p(ot
Last Undated: 11/03/1998