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HomeMy WebLinkAboutMC-911 Effective 10/20/94 1 ORDINANCE NO. MC-911 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 WILLFUL INTERRUPTIONS OF MEETINGS OF THE MAYOR AND COMMON COUNCIL 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 2.58. 105 is hereby added to the San 7 Bernardio Municipal Code to read as follows: 8 "S 2.58.105. Understanding that the purpose of the 9 meetings of the Mayor and Common Council is to conduct the 10 people' s business for the benefit of all the people, in the 11 event that any meeting of the Mayor and Common Council is 12 willfully interrupted by a person or by a group of persons so as 13 to render the orderly conduct of the meeting impossible, the 14 Mayor may proceed y y p pursuant to Government Code § 54957.9 or any 15 applicable pp penal statute or ordinance. For the purposes of 16 these rules "willfully interrupt" includes, but is not limited 17 to, continuing to do any of the following after being warned by 18 the Mayor that continuing to do so will be a violation of law: 19 a. Addressing the Mayor and Common Council without first 20 being recognized. 21 b. Persisting in addressing a subject or subjects, other 22 than that before the Mayor and Common Council . 23 C. Repetitiously addressing the same subject. 24 d. Failing to relinquish the podium when directed to do 25 so. 26 e. From the audience, interrupting or attempting to 27 interrupt, a speaker, the Mayor, a Councilmember, or a staff 28 DAB:ca [Interrup.Ord] l August 5, 1994 MC-911 1 member or shouting or attempting to shout over a speaker, the 2 Mayor, a Councilmember or a staff member. 3 f. As a speaker, interrupting or attempting to interrupt 4 the Mayor, a Councilmember, or a staff member, or shouting over 5 or attempting to shout over the Mayor, a Councilmember, or a 6 staff member. 7 Nothing in this section or any rules of the Council shall 8 be construed to prohibit public criticism of the policies, 9 procedures, programs, or services of the City or of the acts or 10 omissions of the Mayor and Common Council. 11 It shall be unlawful to violate the provisions of this 12 Section. 13 If any subsection, sentence, clause or phrase of this 14 Section 2. 58. 105 is for any reason held to be invalid or 15 unconstitutional, such decision shall not affect the validity of 16 the remaining portions of this Section. The Mayor and Common 17 Council hereby declare that it would have passed this section, 18 and each subsection, sentence, clause and phrase thereof, 19 irrespective of the fact that any one or more subsections, 20 sentences, clauses or phrases had been declared invalid or 21 unconstitutional . " 22 23 24 25 26 27 28 OAB:ca [Interrup.Ord] 2 August 24, 1994 MC-911 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WILLFUL 2 INTERRUPTIONS OF MEETINGS OF THE MAYOR AND COMMON COUNCIL 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a regular meeting thereof, held on the 19th 7 day of September 1994, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE g 11 CURLIN g 12 HERNANDEZ g 13 OBERHELMAN g 14 DEVLIN g 15 POPE-LUDLAM g 16 MILLER g 17 City Clerk 19 20 The foregoing Ordinance is hereby approved this 21st day 21 Of September 1994. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 DAB:ca [Interrup.Ord] 3 August 5. 1994 awes bww for an am*a" Proof of Publication , .r _ 4 SEP 30 All :00 CITY OF SAN BERNARDINO CITY CLERK' S OFFICE STATE OF CALIFORNIA, } ORDINANCE NO. MC-911 County of San Bernardino, AN ORDINANCE OF THE C rv, of San Bernardino fbed�San BernarCni'nol Mu- ' The undersigned hereby certifies as follows: Mu- nicipal Code relating to 1 am a citizen of the United States, over the age of twenty-one years, and not a meeeniginterruptions f vana party to nor interested in the above-entitled matter; I am the principal clerk of the A� �ted°O September 19, printer of a newspaper, to wit, The Sur.; the same was at all times herein mentioned a E4edlve: oaocer 90, 1994 newspaper of general circulation printed and published daily,including Sunday,in the Veto.Ares: council Members Nagrete, Corlin, Neman- City of San Bernardino, in the County of San Bernardino, State of California; mid de z, ocerbelman, Devon, newspaper is so published every day of the year as and under the name—of The Sun,mid I'aPe-Ludlam, Miller. NAYS: None. newspaper has been adjudged a newspaper of general circulation by the Superior ABSENT: None Court of the State of California, in and for the Count of San Bernardino, b a ud - FULL TEXT OF THIS County y j g ORDINANCE IS ment of said Superior Court duly made, filed and entered on June 20, 1952, in the AVAILABLE IN THE OFFICE OF THE records and files of said Superior Court in that certain proceeding entitled In the Mat- CITY CLERK ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- ma TOM culation, numbered 73084 in the records of civil proceedings in said Superior Court RACHEL CLARK and b ud City Clerk y j gment modifying the same,also made,filed and entered in said proceeding; soENNls Aa'na/"ow°Y the notice or other process or document hereinafter mentioned was set, printed and Sr. Asst. ci Aeomev published in type not smaller than nonpareil and was preceded with words printed In 7491 - 1149 black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the SUMMARY OF ORDINANCE .. . . . . . . . . . .. . . . . . . ... .... . . . . . . . . . . . . . . . . . . . . . . . . .. . . .... ... .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . .. ... . . . . . . . . of which the annexed is a true printed copy,was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof,on each of the following dates, to wit: SEPTEMBER 28 . 1994 1 certify under penalty of perjury that the foregoing is true and correct. Executed on the . . , 29. . , . day of . . .S E p TEMB ER, . , , . _ 19 .. 94 . . ., at San Bernardino, in said County and State. NO g asoeuel tNw wa■tw ttry.w.asap Proof of Publication _ , rr 4 SEP 30 A11 :00 CITY OF SAN BERNARDINO CITY CLERK' S OFFICE STATE OF CALIFORNIA, }$ ONDI ANM E NO MC-911 County of San Bernardino, AN 0QDI"NCE OF THE b C aEality na Section 2.5of San Bernardino 8.105 The undersigned hereby certifies as follows: Me San Bernardino Mu- wipal Code relating to 1 am a citizen of the United States, over the age of twenty-one y willful interruptions of g ty-one ears, end not a C�tmon co Mayor and cli party to nor interested In the above-entitled matter; I am the principal clerk of the q o,ed: September 1e, printer of a newspaper, to wit, The Sur.; the same was at all times herein mentioned a Elfeclive: octaber zo,]99a newspaper of general circulation printed and published daily,including unda °oN g y,in the AYES: Copncil Members City f San Bernardino, in the Count of San Bernardino, State of California; mid Negrela, Curtin, Haman_ ty Y POLO arl@rn Mille Vtin. newspaper is so published every day of the year as and under the na1De of The Sun,mid NgYS: r�io,K, newspaper has been adjudged a newspaper of general circulation by the Superior AesENr:None Court of the State of California, in and for the Count of San Bernardino,b a'ud - Fie TAT of THIS Y Y ) g ORDINANCE Is ment of said Superior Court duly made, filed and entered on June 20, 1952, in the AVAILABLE IN THE OFFICE OF THE records and files of said Superior Court in that certain proceeding entitled In the Mat- arr a-ERH ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- TOM vo rMINOR culation, numbered 73084 in the records of civil proceedings in said Superior Court aACHEL CLAwc " and b judgment p g. Su m ra y j gment modifying the same,also made,filed and entered in said roceedin , Summary a�nRLovv by: the notice or other process or document hereinafter mentioned was set, printed and Sr.e . Cifzy Attorney ey 1149 published in type not smaller than nonpareil and was preceded with words printed in black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the SUMMARY OF ORDINANCE . .. .. . . . . . ................ . . . ..... .. . ....... . . . . ..... . I.. ........ . . . . ... . . . . . . . . . . . . . ... . . . . .. ... .. . .. ... . . . . ..... .. . . . . .... ... . . . . . . . . . .. . . . . . . of which the annexed is a true printed copy, was published In each edition and issue of said newspaper of general circulation, and not in any supplement thereof,on each of the following data, to wit: SEPTEMBER 28 1994 I certify under penalty of perjury that the foregoing is true and correct. r , Executed on the 2 9, _ . day of . .S E P TE M A E R... . . ._.. 19 ... 4. ..., at San Bernardino, in said County and State. INO.g 0=.,si r 0 C7 SUMMARY OF ORDINANCE NO. MC-911 An Ordinance of the City of San Bernardino adding Section 2 . 58 . 105 to the San Bernardino Municipal Code relating to willful interruptions of meetings of the Mayor and Common Council. Adopted: September 19, 1994 Effective : October 20, 1994 Vote: AYES: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. NAYS : None. ABSENT: None. FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK TOM MINOR RACHEL CLARK Mayor City Clerk A Summary approved by: 4. -.,, �t�xRSxRgY spaa��cx @ic�cxRffik�a�u�}t Dennis A. "Barlow, Sr. Asst. City Attorney CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: August 24. 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCULN ENT PROBLEM NOTICE --------------------------------------------------------------------------------------------------------------'----------------- **LAYOR e+uND CONIMON COUNCIL ORDINANCE MC- 911 NOTICE OF, Missine Document. Exhibit/Attachment: Bad Oualitv Orieinal. Document. Map. Band Written Orieinal Sismature Missing: Ordinance. �/Leeal Advertisement - Proof Of Publication - Bad Oualitv. The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of newsprint paper when scanned is poor and its legibility is impaired. The full text of the Ordinance Summary as approved by the City Attorney is included for reference, and was published to pursuant to the San Bernardino Chatter. Ordinance Summary Not Attached Leal Advertisement - Proof of Publication - Not Attached FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff, or the Administrative Operations Supervisor (909) 384-5002. Rachel Clark City Clerk RC:mam