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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Attorney's Office
Subject: An Ordinance of the Mayor
and Common Council of the City of San
Bernardino Amending Section 8.39.020
of the San Bernardino Municipal Code
Regarding Nuisance Vehicles.
From: James F. Penman
City Attorney
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Date: September 14, 2006
Meeting Date: September 18, 2006
Synopsis of Previous Council Action:
Clean up and companion Ordinance to Ordinance repealing and replacing Chapter 8.24
which was recommended for adoption by the Legislative Review Committee on August
22,2006
Recommended Motion: That said Ordinance be laid over for Adoption
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Contact person: MlI.illnn.. Milliglln
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Supporting data attached: Staff Report & Resolution
Ward" City-Wide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Finance:
Council Notes:
Agenda Item No. ;)313
1/18/ D 41
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
Section 8.39.020 ofthe San Bernardino Municipal Code Regarding Nuisance Vehicles.
Background:
On August 22, 2006, the Legislative Review Committee approved and recommended for
adoption a new Garbage and Rubbish Ordinance. Section 8.39.020 of Chapter 8.39 of the San
Bernardino Municipal Code Regarding Nuisance Vehicles refers to two (2) code sections of the
old Garbage and Rubbish Ordinance. This Ordinance is simply to correct those references to
reflect the correct section in the new Garbage and Rubbish Ordinance.
Recommendation:
That said Ordinance be laid over for Adoption.
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ORDINANCE NO.
'- 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REGARDING NUISANCE VEHICLES.
4 WHEREAS, the Mayor and Common Council recently adopted a new garbage and refuse
5 ordinance; and
6 WHEREAS, Section 8.29.020 refers to sections in the replaced ordinance and require
7 amendment to reflect the new ordinance.
8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
9 BERNARDINO DO ORDAIN AS FOLLOWS:
10 SECTION 1. Section 8.39.020 of Chapter 8.39 Seizure and Forfeiture of Nuisance
II Vehicles is hereby amended to read as follows:
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Any vehicle used to illegally deposit, discard, dump, and/or place garbage,
rubbish, recyclable discards, or green waste in violation of San Bernardino
Municipal Code section 8.24.070(C) is declared a nuisance vehicle, and the
vehicle shall be subject to seizure and forfeiture as provided in this Chapter.
"Garbage," "rubbish," "recyclable discards," and "green waste" shall be defined
as set forth in San Bernardino Municipal Code section 8.24.060. Any person,
whether as principal or agent, clerk or employee, either for himself or any other
person, or for any body corporate, or as an officer or agent for a corporation, or
otherwise, who owns, leases, possesses, conducts, uses or maintains any vehicle
(hereinafter referred to as "Vehicle"), used for any of the purposes or acts set
forth in this section is guilty of a nuisance.
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18 SECTION 2. In the event that any provision ofthis Ordinance, or any part thereof, or any
19 application thereof to any person or circumstance, is for any reason held to be unconstitutional or
20 otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such
21 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part
22 thereof, or any application thereof to any person or circumstance or of said provision as applied to
23 any other person or circumstance. It is hereby declared to be the legislative intent ofthe City that
24 this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision
25 not been included herein.
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JEG/ed[NuisanceVehicles.Ordinance. wpd]
I AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
_ OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO
_ 2 MUNICIPAL CODE REGARDING NUISANCE VEHICLES.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
5 of _, 2006, by the following vote, to wit:
meeting thereof, held on the _ day
6 Council Members:
NAYS
ABSTAIN
ABSENT
AYES
7 ESTRADA
8 BAXTER
9 VACANT
10 DERRY
II KELLEY
12 JOHNSON
13 MCCAMMACK
14
IS
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Rachel G. Clark, City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2006.
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Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
es F. Penman, City Attorney
JEG/ed[NuisanceVehicles.Ordinance.wpd]
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