HomeMy WebLinkAbout21-Fire Department CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIO41-R ! 1, ` N A I
From: Michael J. Conrad, Fire Chief Subject: An Ordinance of the City of San Bernardino
amending San Bernardino Municipal Code Section
9.90.010 of Chapter 9.90 regarding authority to
Dept: Fire arrest and issue citations.
Date: July 8, 2008 MC/C Meeting Date: July 21, 2008
Synopsis of Previous Council Action:
RECOMMENDATION:
That said ordinance be laid over for final adoption.
Signature
Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286
Supporting data attached: Staff Report and Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: $
Source: (ACCT. No)
(Acct. Description)
Finance:
Council Notes:
U 6l D? i -3d
Agenda Item No. 1
STAFF REPORT
Subiect•
An ordinance of the City of San Bernardino amending San Bernardino Municipal Code
Section 9.90.010 of Chapter 9.90 regarding the authority to arrest and issue citations.
Background:
The illegal disposal of hazardous waste within the city is an issue that negatively affects
the environment, the health of the public, and the overall appearance of the city. The Fire
Department has begun taking positive steps to curb the trend of illegal disposal through
the establishment of a Fire Department based Hazardous Materials Investigation Unit
(HMIU).
HMIU will focus on tracking the source of illegally disposed hazardous materials and
facilitating legal action against the perpetrators. In order to enforce applicable sections of
the Health and Safety Code, Fire Code, and San Bernardino City Municipal Code; Fire
Department members who are assigned to the HMIU will need official authority to arrest
suspects and issue citations. Therefore, Fire is requesting an amendment to the City of
San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to
arrest and issue citations to permit HMIU members to enforce during investigations.
In addition to the enforcement authority, all members of the HMIU will have successfully
completed peace officer training as prescribed in California State Penal Code Section
832, Subd. (a).
Financial Impact:
There is no financial impact to the City of San Bernardino.
Recommendation:
That said ordinance be laid over for final adoption.
1
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 SAN BERNARDINO MUNICIPAL CODE SECTION 9.90.010 OF CHAPTER
9.90 REGARDING AUTHORITY TO ARREST AND ISSUE CITATIONS.
4
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. San Bernardino Municipal Code Section 9.90.010, subsection A, of
8 Chapter 9.90 is hereby amended by adding sub-subsection 17 as follows:
9 9.90.010 Purpose.
10 A
11
17. Haz-Mat Investigators employed by the City of San Bernardino Fire
12
Department are authorized and empowered to inspect, arrest and issue notices to
13
14 appear for violations of this Code and State of California Penal, Vehicle, Fire, and
-15 Health and Safety Codes, pursuant to California Penal Code Section 836.5 and
16 California Fire Code Appendix Chapter 1, Section 104.
17
18
19
20
21
22
23
24
25
26
27
28
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 9.90.010.OF CHAPTER 9.90 REGARDING
2 AUTHORITY TO ARREST AND ISSUE CITATIONS.
3
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 meeting thereof, held on the_day
5
of , 2008, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
BAXTER
9
BRINKER
10
DERRY
11
KELLEY
12
JOHNSON
13
MC CAMMACK
14
15
Rachel Clark, City Clerk
16
17 The foregoing Ordinance is hereby approved this_day of , 2008.
18
19 PATRICK J. MORRIS, Mayor
City of San Bernardino
20
Approved as to form:
21
JAMES F. PENMAN, City Attorney
22
23 By:
24
25
26
27
28