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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police Subject: Amendment to Municipal Code
COPY ection 9 . 12 .030
Dept: Police
Date: April 12, 1996
Synopsis of Previous Council action:
Recommended motion:
That further reading of said Ordinance be waived and it be laid over
for final adoption.
Signature
Contact person: Sergeant Keith Prostler Phone: 384-5079
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No. 1717
CITY* OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Whenever there are disruptive individuals being ejected, we find
they are reluctant to give any information to the officer and the
law makes no provisions for the officer to obtain this information.
As a result the security force has difficulty in tracking those
individuals who have been ejected for 72-hours from one day to the
next . There are many occasions where an officer will eject a
regular trouble maker on "day one" and the person returns on "day
two. " If the officer making the ejection is not working on "day
two" and there is no record of the person being ejected, he goes
undetected. This causes the law to become an ineffective tool in
combating the problems we are having at the mall .
The security force would like to have the authority to require a
person to identify themselves to the officer when a 72-hour
ejection is made. Identification should be required by either
presenting identification or by orally giving the necessary
information to the officer. If the offender refuses to ID
themselves, a citation could then be issued.
We therefore recommend that the Ordinance Amendment be adopted.
75-0264
I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
3 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
4 WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. Section 9.12.030 of the San Bernardino Municipal Code is amended to
8 read:
9 9.12.030 -Authority of Mayor or other officials.
10 A. The mayor, or any officer or employee designated by him or law to maintain order
11
12 in any building or facility owned or leased by the City, may notify a person, except any officer
13 or employee of a governmental agency on official business,that consent to remain in building
14 or facility has been withdrawn whenever there is reasonable cause to believe that such person
15 has willfully disrupted conduct of activities of such building or facility and may direct such
16 person to identify him/herself and to leave the building.
17
18 B. Any person who has been directed to leave a City building or facility pursuant to
19 subsection A above shall identify himself/herself to the officer by providing his/her full name,
20 address, and date of birth. Any person who refuses to identify him/herself or who fails to
21 immediately leave such building or facility or who wilfully and knowingly re-enters such
22
building or facility within seventy-two hours after being directed to leave, is guilty of a
23
24 misdemeanor or an infraction which, upon conviction thereof, is punishable in accordance with
25 the provisions of Section 1.12.010 of this Code.
26
27
28
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting thereof, held on
6 the_day of , 1996, by the following vote, to wit:
7 Council Mem er : AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9
10 CURLIN
11 ARIAS
12 OBERHELMAN
13 DEVLIN
14
ANDERSON
15
16 MILLER
17
18
City Clerk
19 The foregoing ordinance is hereby approved this day of
20 , 1996.
21
22 TOM MINOR, Mayor
23 City of San Bernardino
Approved as to
24 form and legal content:
25 JAMES F. PENMAN,
26 City Attorney
27
28 By:
2