HomeMy WebLinkAboutMC-892 Effective: February 10, 1994
1 ORDINANCE NO. MC-892
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
3 DESTRUCTION OF WEAPONS IN THE CUSTODY OF THE POLICE DEPARTMENT
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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6 SECTION 1. Chapter 8. 65 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 "8. 65.010 Destruction of Weapons in Custody of Police
Department
9 Any weapon which is determined to be a nuisance
10 pursuant to Penal Code §12028 and is in the possession
of the San Bernardino Police Department shall annually
11 in the month of July, or sooner, if necessary to
conserve local resources including space and
12 utilization of personnel who maintain files and
security of those weapons, be destroyed so that it can
13 no longer be used as such a weapon except upon the
certificate of a judge of a court of record, or of the
14 San Bernardino County District Attorney or of the San
Bernardino City Attorney, that the retention of it is
15 necessary or proper to the ends of justice.
16 8. 65.020 Lost or Stolen Weapons
17 If any weapon has been lost or stolen and is
thereafter recovered, or is used in such a manner as
18 to constitute a nuisance pursuant to Penal Code §12028
and §8. 65.010 of this chapter, without the prior
19 knowledge of its lawful owner that it would be so
used, it shall not be destroyed but shall be restored
20 to the lawful owner, if his or her identity and
address can be reasonably ascertained, as soon as its
21 use as evidence has been served, upon his or her
identification of the weapon and proof of ownership.
Sufficient identification of ownership shall include,
but shall not be limited to, a police report made at
or near the time of loss or theft, or at or near the
time of discovery of the loss or theft. A police
24 report by itself listing the lost or stolen weapon is
sufficient identification of ownership.
25 8.65.030 Alternatives to Destruction
26 (a) Pursuant to the authority of Penal Code §12030,
2� when the Police Department has custody of any firearms
which may be useful to the California National Guard,
28 the Coast Guard Auxiliary, or to any military or naval
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MC-892
1 agency of the federal or state government, including
but not limited to, the California National Guard
2 military museum and resource center, it may, upon the
authority of the Mayor and Common Council and the
3 approval of the Adjutant General, deliver the firearms
to the commanding officer of a unit of the California
4 National Guard, the Coast Guard Auxiliary, or any
other military agency of the state or federal
5 government in lieu of destruction as required by this
chapter. The Police Department shall take a receipt
6 for the firearms containing a complete description
thereof and shall keep the receipt on file as a public
7 record.
8 (b) When the Police Department has custody of any
firearms, or any parts of any firearms, which are
9 subject to destruction as required by this chapter it
may, in lieu of destroying the weapons, retain and use
10 any of them as may be useful in carrying out the
official duties of the Department, or upon approval of
11 a court, may release them to any other law enforcement
agency for use in carrying out the official duties of
12 that agency, or may turn over to the criminalistics
laboratory of the Department of Justice or the
13 criminalistics laboratory of any other police
department, sheriff's office, or district attorney's
14 office any weapons which may be useful in carrying out
the official duties of their respective agencies.
15 (c) An firearm,, or part of any firearm, which,
16 rather than being destroyed, is used for official
purposes pursuant to this section shall be destroyed
17 by the Department or other agency using the weapon
when it is no longer needed for use in carrying out
18 official duties.
19 (d) The Police Department may, in lieu of destroying
any firearms as required by this chapter, obtain an
20 order from the Superior Court directing the release of
the firearms to the sheriff. The sheriff shall record
21 a description of such firearms and release them to a
basic training academy as provided in Penal Code
22 §12030(d)
23 8. 65.040 Notice to Department of Justice
24 Pursuant to Penal Code §12030(e) , when the Police
Department retains or destroys a firearm pursuant to
25 this chapter it shall notify the Department of Justice
of the retention or destruction. The notification of
26 each firearm, including the name of the manufacturer
or brand name, model, caliber, and serial number.
27 8. 65.050 Temporary Custody of Certain Firearms
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MC-892
1 This chapter shall not apply to those firearms taken
into temporary custody at the scene of domestic
2 violence. Such weapons shall be disposed of as
provided in Penal Code §12028.5 except that when such
3 - firearms are not claimed by or returned to the owners
they shall not be sold but shall be destroyed as
4 provided in this chapter.
5 8. 65.060 Retention as Evidence
The provisions of this chapter shall not apply to
6 those weapons which are or may be evidence in either
a criminal or civil case, which weapons shall be
7 retained pending a final decision in such case.
8 8. 65.070 Definition of Firearm
9 For the purposes of this chapter, weapon and firearm
shall be synonymous and firearm shall have the
10 definition provided in Penal Code §12401. "
11 I HEREBY CERTIFY that the foregoing Ordinance was duly
12 adopted by the Mayor and Common Council of the City of San
d
13 Bernardino at a a rned
> ,'o a meeting thereof, held on the 10th
14 day of j n„ary 1994,by the following vote, to wit:
15 Council Members: AYES NAYS ABSTAIN ABSENT
16 NEGRETE X
17 CURLIN X
18 HERNANDEZ X
19 OBERHELMAN X
20 DEVLIN _X
21 POPE-LUDLAM . X
22 MILLER X
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MC-892
1
2 AN ORDINANCE. . .ADDING CHAPTER 8.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE DESTRUCTION OF WEAPONS IN THE
3 CUSTODY OF THE POLICE DEPARTMENT
4 The foregoing Ordinance is hereby approved this aX, day
5 of 1994. /J/
Tom Minor�, Mayor
7 City of San Bernardino
8 Approved as to form
and legal content:
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JAMES F. PENMAN,
10 City Attorney
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