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HomeMy WebLinkAbout16-City Attorney . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Paula J. Coleman Subject: Ordinance of the City of San Bernardino Adding Sub-Section A. to Section 9.90.010 of Title 9 0 the San Bernardino Municipal Cod Relating to Authority to Arrest and Issue Citatrons Dept: City Attorney (g@{P>W Date: October 20, 1998 Synopsis of Previous Council action: MC-l027, 09/08/98 MC- 591, 05/13/87 MC- 954, 11/20/95 . MC- 586, 03/23/87 MC';' 952, 11/06/95 MC- 464, 07/01/85 MC- 945, 06/19/95 MC- 404, 08/20/84 MC- 931, 01/23/94 MC- 372, OS/21/84 MC- 635, 09/06/88 MC- 254, 03/04/83 MC- 606, 09/22/87 Recommended motion: That said ordinance be laid over for final adoption. -~ ~olt,mtV- Signature Contact person: Paula J. Coleman Phone: X5355 3 Supponing data attached: Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.1 (Acct. DescriPtionl Finance: Council Notes: Ammrla Item No. /? I /- - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - AGENDA ITEM: Ordinance of the City of San Bernardino Adding Sub-Section A 11 to Section 9.90.010 ofTitle 9 of the San Bernardino Municipal Code Relating to Authority to Arrest and Issue Citations Currently, San Bernardino Municipal Code Chapter 9.90 enumerates the City Departments and their designated employees that are authorized to issue citations to enforce the San Bernardino Municipal Code. The Director of College Police and Safety Services for San Bernardino Valley College, Mr. Mac Pricher, has requested that the Mayor and Council amend Section 9.90.010 to empower the Community College Police to arrest and issue citation for Public Offenses as enumerated in Title 9 of the San Bernardino Municipal Code. Community College Police are appointed and duly sworn peace officers employed to enforce the law on or near the campus of the community college. Their function is supplementary to local law enforcement. Currently, their enforcement is limited to offenses against school personnel, pupils, or property committed on or in vicinity of school premises. Community College Police are public officers and Penal Code Section 836.5 permits public officers when authorized by ordinance to arrest and issue a notice to appear for violations oflocal ordinances. By passing this amendment to Chapter 9.90 of the San Bernardino Municipal Code, the San Bernardino Police Department would be assisted by the Community College Police in enforcing municipal code violations for public offenses on or near the college campus. ~ Crwn~~ Paula J. Coleman Deputy City Attorney PJC/tbm[StaOCC.rpt] 1 2 ORDINANCE NO. 3 AN ORDINANCE OF mE CITY OF SAN BERNARDINO ADDING SUB- SECTION A.ll TO SECTION 9.90.010 OF TITLE 9 OF mE SAN BERNARDINO 4 MUNICIPAL CODE EMPOWERING SAN BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE CITATIONS FOR VIOLATIONS OF TITLE 9 OF mE 5 SAN BERNARDINO MUNICIPAL CODE 6 mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN 7 BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. Section 9.90.010(AXll) is hereby added to the San Bernardino Municipal code as follows: 9 11 11. The San Bernardino Community College Police, who are peace officers as defined by Section 830.32 of the Penal Code, are authorized and empowered to arrest and issue citations for violations of the provisions of Title 9-Public Peace, Morals and Welfare, on or near the campus of the community college and, on or near other grounds or properties owned, operated, controlled, or administered by the community college or by the state acting on behalf of the community college. 10 12 13 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUB- SECTION A.ll TO SECTION 9.90.010 OF TITLE 9 OF THE SAN BERNARDINO 2 MUNICIPAL CODE EMPOWERING SAN BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE CITATIONS FOR VIOLATIONS OF TITLE 9 OF THE 3 SAN BERNARDINO MUNICIPAL CODE -- 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the _ day of 7 , 1998, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 VACANT 12 SCHNETZ 13 DEVLIN 14 ANDERSON 15 MILLER 16 17 City Clerk 18 19 20 21 The foregoing ordinance is hereby approved this _ day of ,1998. ruDITH V ALLES, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 ., .(eu~ 27 28 2