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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, Subject: Ordinance of the City of San Bernardino
City Attorney Amending Chapter 9.90 of the San
Bernardino Municipal Code relating to
Authority to Arrest - Citations
Dept.: City Attorney's Office
Date: September 22, 1997
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Synopsis of Previous Council action:
Tabled on March 3, 1997.
Recommended motion:
That Council approve the City Attorney's proposal to amend San Bernardino Municipal
Code §9.90.010 to authorize Parking District Security Officers employed by Facilities
Management to arrest and issue notices to appear for violations of the San Bernardino Municipal
Code and state statutes pursuant to Penal Code §836.5.
(Signature)
Contact person: Paula J. Coleman Phone: 5355 _
Supporting data attached: Ward: _
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
Agenda Item No._ _
Ordinance Laid Over /D 161?l
73a
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STAFF REPORT
Council Meeting Date: October 6, 1997
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TO: Mayor and Common Council
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FROM: Paula J. Coleman, Deputy City Attorney
DATE: September 25, 1997
AGENDA ITEM: Ordinance of the City of San Bernardino Amending Section 9.90.010 of
the San Bernardino Municipal Code relating to Authority to Arrest
and Issue Citations
Currently, San Bernardino Municipal Code Chapter 9.90 enumerates the City Departments and their
designated employees that are authorized to issue citations to enforce the San Bernardino Municipal
Code. While parking district security officers employed by Facilities Management are authorized to
issue parking citations pursuant to San Bernardino Municipal Code § 10.16.150, they are not
authorized to issue violations for San Bernardino Municipal Code violations.
Occasionally, while issuing parking citations, parking district security officers are confronted with
unlawful conduct where they observe individuals violating the Municipal Code, but do not have the
authority to issue a citation. As a result, the illegal conduct not only goes unpunished, but
undeterred.
By passing this amendment to Chapter 9.90 of the San Bernardino Municipal Code, parking district
security officers are added to the list of City employees who are empowered to enforce the San
Bernardino Municipal Code.
aula J. Coleman
Deputy City Attorney
PJCIall[Staff.Rpt] 1
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I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010
3 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY
FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR
4 VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE
STATUTES PURSUANT TO CALIFORNIA PENAL CODE § 836.5.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Section 9.90.010 is hereby amended by adding subsection 11 to read as
follows:
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"9.90.010 Arrest - Citation.
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A. 11. Parking District Security Officers, who shall be retired police
10 officers or reserve police officers, employed by the Facilities
Management Department of the City of San Bernardino are
11 authorized and empowered to arrest and issue notices to appear
for violations of the provisions of this Code and State statutes
12 pursuant to California Penal Code Section 836.5."
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010
2 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY
FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR
3 VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE
STATUTES PURSUANT TO CALIFORNIA PENAL CODE § 836.5.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof,
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held on the day of , 1997, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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NEGRETE
11 CURLIN
12 ARIAS
13 OBERHELMAN
DEVLIN
14 ANDERSON
15 MILLER
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17 CITY CLERK
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19 The foregoing Ordinance is hereby approved this day of 1997
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21 TOM MINOR, Mayor
22 City of San Bernardino
Approved as to form
23 and legal content:
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25 JAMES F. PENMAN,
City Attorney
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