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'CI+t OF SAN BI!RNARDIt;b - RI!QU.or FOR COUNCIL AC,<;bN
From: RAYMOND D. SCHWEITZER
City Administrator
Subject: Amendment to San Bernardino
Municipal Code Section 9.90.010
powers to arrest
Dept:
~: February 20, 1987
Synopsis of Pnvious Council ection:
11-17-86
12-08-86
12-22-86
Amendment first introduced to Council. Continued to 12/8/86.
First Reading.
Referred to the Legislative Review Committee where it has been
undergoing language revisions to the present time.
Recommended motion:
Adopt Ordinance.
Contact penon: RAY S...,hw",i tzer
Phone:
5122
Supporting data IItt8ched:
yes
Ward:
all
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notal:
"711._ft.;ut..,
Aaenda Item No ~ ~
el.(:; OF SAN _RNARDICb - RI!QUEOr FOR COUNCIL ~ .
STAFF REPORT
At the March 3, 1983, Council Meeting, the City Planning
Director and Planners were authorized and empowered to arrest
and issue citations. The Building Officials have the arrest
and citation power via the Uniform Building Code. The City
has not experienced any difficulty with the Inspectors having
this power. This is because, in the event that physical
custody of any violater was required, the Police were called.
The Council can be assured that prior to any Inspector being
issued a citation book, proper training will be given and
department rules and regulations will be issued prohibiting
physical arrest by anyone other than a uniformed police
officer. Any violation of this rule will result in severe
disciplinary action.
This amendment was first introduced to Council in November of
1986. Subsequently, it was referred to the Legislative
Review Committee where various additions and deletions to the
language were recommended resulting in a completely revised
section "B" submitted herewith for your approval.
75.0264
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AUTIlORITY TO ARREST - CITATIONS
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in a regularly licensed and approved shooting gallery or rifle
. range for which a permit has been issued by the Mayor and
Common Council or except as otherwise authorized and per-
mitted by law. (Ord. 2939, 1968; Ord. 821 ~ 2420, 1921.)
Chapter 9.90
AUTHORITY TO ARREST - CITATIONS
Sections:
9.90.010 Arrest - Citation.
( /
9.90.010 Arrest - Citation.
A. Security guard personnel,'who shall be off duty or retired
police officers or reserve police officers, employed by the
Redevelopment Agency of the City of San Bernardino pur-
suant to an agreement between said Agency and the City,
relating. to a security guard program, are authorized and
empowered to arrest and issue notices to appear for viola-
tions of the provisions of Chapters 5.04, 8.15, 9.48, 9.49,
12.44, and Sections 9.12.030 and 10.16.210 for incidents
arising in the Central City Mall and public areas in, adjacent
to, or immediately surrounding said mall pursuant to
Section 836,5 and Chapters 5C and 5D of Part 2, Title 3
(Sections 853.6, et seq.) of the California Penal Code.
B. Police Assistants are authorized and empowered to issue
Jlotices to appear for violations of any provision of this
Code.
C. The Planning Director, Principal Planners, Senior Planners,
Associate Planners, Assistant Planners and Planning Aides
are authorized and empowered to issue notices to appear
for violations of Titles 18 and 19 of this Code and for
violations of Chapters 8.15, 8.18, 8.21, 8.24, 8.27, 8.33,
8.36, 10.16, and 15.52 of the San Bernardino Municipal
Code.
(Ord, MC-464, 7-1-85; Ord, MC-404, 8-20-84; Ord, MC-372,
5-21-84; Ord. MC-254, 3-4-83.)
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570-1
(San Bernardino 9-8S)
CC1ITY OF SAN BERQARDINO 0- MEMORANDUI\O
To Jack strickler, Chairman REC'O. - AtltWl. Cf;:t:'rom
Legislative Review Committee
Subject Powers to Arrest, S.B.M.C. S 91~j'PfE!ll~E :',!l ii' tRJIte
William Sabourin
Assistant City Attorney
February 12, 1987
Approved
Date 760.3
r/?r
Public employees given the power of arrest are given the
power to detain a person, pursuant to legal authority for
purposes of writing a citation to appear in court.
Therefore, the word arrest must be used to confer the power
to detain an individual for purposes of issuing a citation.
pursuant to your request, Subsection B of Section 9.90.010
has been printed in IIbo1d". The Print Shop Supervisor,
Ed Farkas, advises us that when the amendment is incorporated
into the Code that it can also be printed in "bold."
\
WILLIA
Assista
WS:1r
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE
DIRECTOR OF WATER RECLAMATION, ENVIRONMENTAL CONTROL OFFICER
AND ENVIRONMENTAL CONTROL TECHNICIANS TO ISSUE NOTICES TO
APPEAR FOR VIOLATIONS OF CHAPTER 13.32 OF THE SAN BERNARDINO
MUNICIPAL CODE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.90.010 of the San Bernardino
Municipal Code is amended to read:
"9.90.010 Arrest - Citation.
A. Pursuant to Sections 836.5, 853.5, and 853.6 of the
California Penal Code, the employees as listed in each
subsection herein are authorized and empowered to arrest and
issue notices to appear for violations of the provisions of the
15 San Bernardino Municipal Code as hereinafter set forth:
16 1. Security guard personnel, who shall be off duty or
17 retired police officers or reserve police officers, employed by
18 the Redevelopment Agency of the City of San Bernardino pursuant
19 to an agreement between said Agency and the city, relating to a
20 security guard program, are authorized and empowered to arrest
21 and issue notices to appear for violations of the provisions of
22 Chapters 5.04, 8.15, 9.48, 9.49, 12.44, and Sections 9.12.030
23 and 10.16.210 for incidents arising in the Central City Mall
24 and public areas in, adjacent to, or immediately surrounding
25 said mall.
26 2. Police Assistants are authorized and empowered to
27 arrest and issue notices to appear for violations of the
28 provisions of this Code.
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3. The Planning Director, Principal Planners, Senior
Planners, Associate Planners, Assistant Planners and Planning
Aides are authorized and empowered to arrest and issue notices
to appear for violations of the provisions of Titles 18 and 19
of this Code and for vio~ations of Chapters 8.15, 8.18, 8.21,
8.24, 8.27,8.33, 8.36, 10.16, and 15.52 of this Code.
4. The Director of Water Reclamation, Environmental
Control Officer, and Environmental Control Technicians are
authorized and empowered to arrest and issue notices to appear
for violations of Chapter 13.32 of this code.
B. city employees authorized to arrest and issue notices
to appear pursuant to this section shall not initiate physical
contact with or attempt to take physical custody of violators
of the provisions of the San Bernardino Municipal Code. If
physical custody of violators of the provisions of the San
Bernardino Municipal Code is believed necessary, the employee
shall have a police officer respond to evaluate the
circumstances and take physical custody of the violator, if
appropriate. This subsection shall not apply to security quard
personnel employed by the Redevelopment Agency of the City of
San Bernardino."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on
the . day of , 1987, by the following
vote, to wit:
2/23/87
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AYES:
NAYS:
ABSENT:
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Council Members
City Clerk
The foregoing ordinance is hereby approved this
, 1987.
day of
Mayor of the city of San Bernardino