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CIT OF SAN BERNARDIK - REOUC iT FOR COUNCIL AC JON
From: JAMES F . PENMAN Subject: Amendment to S .B.M.C. Chapter
9 .84 - Projectiles
Dept: City Attorney
Date: January 7 , 1988
Synopsis of Previous Council action:
Last amendment to this Chapter occurred in 1968, Ord. No. 2939 .
Attached ordinance approved by Legislative Review Committee
January 7, 1988 .
Recommended motion:
Waive first reading and lay over for adoption.
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Signature
James F. Penman
Contact person: James F. Penman Phone: 5255
Supporting data attached: YeS Ward: All
FUNDING REQUIREMENTS: Amount: n/a Source: n/a
Finance:
Council Notes:
Wan-
C17 _ OF SAN BERNARDIV .) - REQU. 3T FOR COUNCIL AC ION
STAFF REPORT
The discharge of firearms into the air continues to be a
problem for residents in our City, particularly on New Year 's
Eve , Independence Day, and other holidays . Rarely does a week
pass in our City without the police dispatch receiving
complaints of "shots fired" in a neighborhood . Throughout the
years , a number of residents have been shot by stray bullets
fired by grossly negligent and/or intoxicated persons . Last
week , a young child in Colton was seriously injured by such a
shot .
It is apparent that certain individuals do not take seriously
this City's ordinance banning the unlawful discharge of
firearms .
Accordingly, in consultation with the Chief of Police and the
presiding Judge of the San Bernardino Municipal Court , Central
Division , and with their approval , the accompanying proposed
amendments to San Bernardino Municipal Code Chapter 9.84 are
offered for your approval .
If enacted , amendments will :
1 . Add a definition of firearm to the Code , employing
language from the State Penal Code;
2 . Add explosive propelled rockets as weapons (per the
State Penal Code definition) ; and
3 . Require that any person convicted of a violation of
Section 9 .84 .010 - Unlawful Discharge , shall , if a
firearm is used , serve a mandatory county jail
sentence of at least two days in addition to any
fine imposed .
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
9 .84 .020 AND 9 . 84 .030 TO THE SAN BERNARDINO MUNICIPAL CODE TO
3 REQUIRE A MINIMUM TWO-DAY JAIL SENTENCE FOR THE UNLAWFUL
DISCHARGE OF A FIREARM, AND TO DEFINE THE TERM FIREARM.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1 . Section 9 .84 .020 is added to the San Bernardino
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8 Municipal Code and reads as follows:
"9.84 .020 Violation - Penalty.
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10 Any person violating any provision of this chapter is
11 guilty of a misdemeanor which, upon conviction thereof , is
12 punishable in accordance with the provisions of Section 1 .12 .010
13 of the Code except that any person violating any provision of
14 this chapter using a firearm upon conviction thereof shall be
15 punished by confinement in the county jail for at least two days
16 in addition to any fine imposed . If probation is granted upon
17 the conviction of any person using a firearm, a term of probation
18 shall be a minimum of two days in the county jail in addition to
19 any fine imposed ."
SECTION 2 . Section 9. 84 .030 is added to the San Bernardino
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21 Municipal Code and reads as follows :
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"9 .84 .030 Firearm - Defined . !I
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23 As used in this chapter , the word firearm shall include any
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24 device designed to be used as a weapon , from which is expelled a j=
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25 projectile by the force of any explosion , or other form of
26 combustion , and shall include any rocket , rocket-propelled
projectile , launcher , or similar device containing any explosive
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or incendiary material whether or not such device is designed for
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emergency or distress signalling purposes . "
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof , held on
4 the day of 1988 , by the following
5 vote , to wit:
6 AYES: Council Members
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8 NAYS:
9 ABSENT:
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12 City Clerk !`
13 The foregoing ordinance is hereby approved this day
14 of _, 1988 .
15
16 Mayor of the City of San Bernardino
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18 Approved as to form
and legal content :
19
�1;ity Attorney
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PUBLIC PEACE, MORALS AND WELFARE
dangerous or deadly weapon to engage in any fight or to
participate in any other rough or disorderly conduct upon any
public place or way or upon the premises of another. (Ord.
3547 § 3, 1976.)
9.80.040 Loitering with concealed weapon near premises
where intoxicating liquors are sold unlawful.
It is unlawful for any person who has concealed upon his
person any dangerous or deadly weapon to loiter about any
place where intoxicating liquors are sold or any other place
of public resort. (Ord. 3547 § 4, 1976.)
9.80.050 Exemptions.
The restrictions of this chapter shall not be deemed to
prohibit the carrying of ordinary tools or equipment carried
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in good faith for uses of honest work, trade or business or
for the purpose of legitimate recreation. (Ord. 3547 § 5, 1976.)
9.80.060 Violation — Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable
in accordance with the provisions of Section 1.12.010 of the
Code. (Ord. MC-460, 5-13-85; Ord. 3547 § 6, 1976.)
Chapter 9.84
PROJECTILI
Sections:
9.84.010 Unlawful discharge.
9.84.010 Unlawful discharge.
It is unlawful to discharge an in, ument of any kind or
description which throws a bullet or fissile for any distance
by means of the elastic force of air or a per explosive substance,
including but not limited to weapu using air or carbon
dioxide (COZ) to propel a bullet or mi e and firearms, except
(San Bernardino 9-85) S70
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AUTHORITY TO ARREST — CITATIONS
III a regularly licensed and approved shooting gallery or rifle
range for which a permit has been issued by the Mayor and
Common Council or except as otherwise authorized and per-
mitted by law. (Ord. 2939, 1968;Ord. 821 § 2420, 1921.)
Chapter 9.90
AUTHORITY TO ARREST — CITATIONS
Sections:
9.90.010 Arrest — Citation.
9.90.010 Arrest — Citation. rZcC� / 7
A. Security guard personnel, who shall be off duty or retired
police officers or reserve police officers, employed by the
Redevelopment Agency of the City of San Bernardino pur-
suant to an agreement between said Agency and the City,
relating to a security guard program, are authorized and
. empowered to arrest and issue notices to appear for viola-
tions of the provisions of Chapters 5.04, 8.15, 9.48, 9.49,
12.44, and Sections 9.12.030 and 10.16.210 for incidents
arising in the Central City Mall and public areas in, adjacent
to, or immediately surrounding said mall pursuant to
Section 836.5 and Chapters 5C and 5D of Part 2, Title 3
(Sections 853.6, et seq.) of tli,� California Penal Code.
B. Police Assistants are authorized and empowered to issue
notices to appear for violations of any provision of this
Code.
C. The Planning Director, Prim ipal Planners, Senior Planners,
Associate Planners, Assistant Planners and Planning Aides
are authorized and empowered to issue notices to appear
for violations of Titles 18 and 19 of this Code and for
violations of Chapters 8.15. x.18, 8.21, 8.24, 8.27, 8.33,
8.36, 10.16, and 15.52 of :Ile San Bernardino Municipal
Code.
(Ord. MC-464, 7-1-85; Ord. Mt 404, 8-20-84; Ord. MC-372,
5-21-84;Ord. MC-254, 3-4-83.)
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570- (San Bernardino 9-85) I