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Home My WebLink About30-Police Department CI-Y OF SAN BERNARD'~O - REQU"~T FOR COUNCIL AC-'ON l"'''ll r"1'1 2 0 , '"I ;':"\: r; I "iI.",iJ #.~ ~ (1t41 ,_ "..Jo Amendment, repeal and addition of those sections of the Municipal Code pertinent to the carrying of dangerous and/or deadly weapons in plain sight. ~ pt: Donald J. Burnett Chief of Police Police Department December 1, 1988 r.EC'D. -1\OM1~. C~ubject: From: Date: Synopsis of Previous Council action: 7/21/88 -- Presented to Legislative Review Committee. Forwarded to full Council without recommendation. Recommended motion: waive further reading of the ordinance and layover for final adoption. // / - ~> Contact person: Chi ef Donald J. Burnett Supporting data attached: Yes L I....) ( .' f)'f,A/ " . ,/1// / I /' /y"l.",_ ,~~l ( u."r. ..,,1 -' Sign;!ture I i 1/ Phone: 384-5607 Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 Agenda Item No. - 30 CI-. , OF SAN BERNARDI.. _D - REQUL. ~ T FOR COUNCIL ACI.. .ON STAFF REPORT A problem has arisen involving the carrying of dangerous and/or deadly weapons in plain sight attached to belts or sticking out of hip pockets as the carriers are in a public place. All current prohibitions deal with such weapons in a concealed condition. The problem of not being able to ban dangerous and/or deadly weapons carried in plain sight is most disturbing in the Central City Mall. Buck knives, hunting knives, linoleum knives and, in some cases, bayonets are being carried in plain sight and have been used in assaults. The proposed amendments, repeals and additions to the pertinent ordinance sections will alleviate this problem and provide for a safer atmosphere for the public in those public places when weapons are not evident on the belts and in the pockets of a number of persons present. 75-0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORD IN ANCE NO. ORDINANCE OF THE CITY OF S&~ BERNARDINO AMENDING SECTION 9.80.010, 9.80..050 AND 9.80.060, OF THE SAN BERNARDINO MUNICIPAL CODE; REPEALING SECTIONS 9.80.020, 9.80.030 AND 9.80.040 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 9.80.015 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. THE t~YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 00 0 RDAIN AS FOLLOWS: SECTION 1. Section 9.80.010 of the San Bernardino Municipal Code is amended to read as follows: "9.80.010 Definition. As used in this chapter, 'dangerous or deadly weapon' means: any knife, dirk or dagger with a blade three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle." SECTION 2. Section 9.80.050 of the San Bernardino Municipal Code is amended to read as follows: "9.80.050 Exemptions Section 9.80.15 shall not apply to the carrying of tools or equipment' for use in a lawful occupation or for the purpose of lawful recreation." SECTION 3. Section 9.80.060 of the San Bernardino Municipal Code is amended to read as follows: "9.80.060 Violation - Penalty Any person violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with provisions of Section 1.12.010 of this Code." 26 SECTION 4. Section 9.80.015 of the San Bernardino 27 Municipal Code is added to read as follows: 28 / / LH:ss 3-29-88 - 1 - 1 2 ORDINANCE: AMENDINC- SECTION 9.80.0'0, 9.80.050 AND 9.80.060 r~ SAN BERNARDINO MUNI ..\L CODE; REPE. ING SECTIONS 9.80.020, 9.80.030 AND 9.80.040 OF SAN BERNARDINO MUNICIPAL CODE; ADDING SECTION 9.80.015 TO SAN BERNARDINO MUNICIPAL CODE PROHIBITING THE CARRYING OF AN EXPOSED DANGEROUS WEAPON. "9.80.015 Carrying a Deadly Weapon in Plain View 3 Prohibited. 4 It is unlawful for any person to carryon his person, in 5 plain view including, but not limited to, carrying in sheaths 6 openly suspended from the waist of the wearer, any deadly or 7 dangerous weapon as defined in Section 9.80.010." 8 SECTION 5. Sections 9.80.020, 9.80.030 and 9.80.040 of 9 the San Bernardino Municipal Code are hereby repealed. 10 I HEREBY CERTIFY that the foregoing ordinance was duly 11 adopted by the Mayor and Common Council of the City of San 12 Bernardino at a meeting thereof, held on the 13 day of , 1988, by the following 14 vote, to-wit: 15 16 AYES: Council Members 17 NAYS: 18 19 20 21 ABSENT: City Clerk 22 The foregoing ordinance is hereby approved this 23 day of , 1988. 24 25 26 27 28 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content /\ . \1.1 /) ( /~ / f)."'/1 "'<".'~ 1, / .-, y' t., <:: ..' .(', ./ I.,. .J. " !. "__ ,....... , CitY/Attorney -' LM:ss 3-29-88 - 2 - LEGISLATIVE REVIEW COMMITTEE us = co July 21, 1988 - -- c::> ..:: N W -., - ATTENDEES: Councilman Mi9hael Maudsley - Acting Chairman Councilman Tom Minor Acting City Administrator - Jim Robbins Deputy City Admin/Development - Jim Richardson City Attorney - James Penman Fire Chief - Gerald Newcombe Police Chief - Don Burnett Fire Marshal - Mikel Park Interim Planning Director - Mike Loehr Building & Safety Director - Mark Sutton Acting Public Works Director - Gene Klatt Animal Control Director - Deborah Biggs Principal Planner - Vince Bautista Principal Planner - John Montgomery Council Executive Assistant - Phil Arvizo Mayor's Executive Assistant - Richard Bennecke Animal Advisory Comm. Chairman - Dr. Chandler Animal Advisory Commissioner - Margo Tannenbaum Humane Society - Robin Harrington The Sun - Pat McGreevey Citizens For Responsible Research - Jules Carvalho Pettis Memorial Veterans' Hospital - Ray R. Quinto National Fire Sprinkler Assoc. - Marilyn & Jerome Ruzika Mr. Ralph Monge Mr. Leo Amendt Mr. John Edwiris u, Q") 1. REQUEST TO DISCUSS INTERNAL PROCEDURE CURRENTLY BEING USED BY CITY IN CONNECTION WITH MEASURE HH The Committee received reports from the Citizens For Responsible Research, The Humane Society and the Animal Advisory Commis- sion (attached). The Committee recommended, if not already on the books, the motion made and approved by the Animal Advisory Commission to officially endorse the current avail- ability and adoption policies of the City of San Bernardino Animal Control Division. This resolution, if necessary, will be on the August 15, 1988 Council Agenda. A commendatory resolution from the Humane Society was presented to the i~ Committee. The Committee requested it be placed in Ms. \ Deborah Biggs personnel records and that it be read at the August 1st Council meeting. Accusations regarding the Fifth Ward appointee, made by letter from the Citizens For Respon- sible Research, was vehemently refuted by Councilman Minor. The members from that organization had already departed after reading their letter into the record. 2. ORDINANCE TO LIMIT CAMPAIGN CONTRIBUTIONS - Con- tinued to second meeting in August. The City Attorney briefed on a new law regarding campaign funds. Although a clarification has been requested from the Fair Political Practices Commission, Mr. Penman advised that the law will require all campaign chests to be depleted by the end of December. The Fair Political Practices Commission will render a ruling the week of July 25. 3. MUNICIPAL CODE CHANGES RELATIVE TO CABLE TELEVISION - Item continued. 4. PARKING TRUCKS ON RESIDENTIAL STREETS - Item con- tinued. 5. GENERAL PLAN INTERIM POLICY DOCUMENT DISCUSSION Item continued. The recommended amendments to the Interim Policy Document made by the City Attorney (attached) will be forwarded for approval on the August 1, 1988 Agenda. Because of continuing changes and reviews of policy regarding this issue, it was determined that the Interim Policy Document remain on the Legislative Review agenda. 6. SPRINKLER ORDINANCE - Item continued to September 8th. The Committee requested additional information on the cost to retrofit and life expectancy of the system. 7. PROPOSED NEWS RACK ORDINANCE - Item continued. 8. PROPOSED ORDINANCE PROHIBITING CARRYING WEAPONS - The Committee determined to forward the ordinance amendment to the full Council without mendaticn. The ordinance will be on the August agenda. EXPOSED attached a recom- 15, 1988 9. PROPOSED CHARTER AMENDMENT - PROSECUTION OF STATE lAW VIOLATIONS (MISDEMEANORS AND INFRACTIONS). The Committee. agreed to forward this item for hearing by the full Council. Councilman Minor stated his opposition to amending the charter. He expressed concern that additional staff would be required. The item will be heard on July 27 so that, if passed, there will be time to process the resolution in time for the November election. Meeting adjourned. '. Respectfully submitted, 11~i~~;~-LJ11~~ Acting Chairman Legislative Review Committee MM: ej Attch. (2) , :11 Y UF ~AN BERNARDINO - MEMORANDU~ ~ C\ubject Approved . . .. To Jim Robbins, Acting City Administrator _Frqm Donald J. Burnett RE~D.-ADMIN. ufF.Chief of Police Da.1e 7-Jun-88 1988 JJH -8 PM Il= 25 Item for eview Committee Date - 7-f-r ~ttached is an ordinance suggested by field officers to assist them in caring for the safety and welfare of the community. The proposed ordinance prohibits the carrying in plain view any dangerous or deadly weapon as defined. We believe this ordinance can assist in getting some of these weapons off the street and make them less accessible for use. Although the appearance of these weapons at the Central City t1all generated the idea for this ordinance. the ordinance applies anywhere in the City. Please place this proposed ordinance on the Legislative Review Committee agenda at your earliest convenience. ;)JB:pg A.ttachment F'-'-- A ~.<t'~.,.-f h '-'~ ..11I/ .' r: P:=:' :3r:ESS , ~-. . t - I' .... -'\. ,......~- '.' ........__...':~:: .-.:::,.... ,I' --..c....,- .",.",. '-"~. i ' -l