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HomeMy WebLinkAbout37- City Attorney CITY OF SAN BERN ' RDINO REQUEST ` R COUNCIL ACTION From: JAMES F. PENMAN Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.76.575 TO THE SAN Dept: CITY ATTORNEY BERNARDINO MUNICIPAL CODE CLARIFYING THAT THE CITY IS EXEMPT FROM THE PROVISIONS OF Date: MAY 27, 193 THE TAXICAB, AMBULANCE AND CHARTERED VEHICLE ORDINANCE Synopsis of Previous Council action: 1953 - ORDINANCE NO. 1987 1976 - ORDINANCE NO. 3584 1982 - ORDINANCE NO. MC-190 1955 - ORDINANCE NO. 2078 1976 - ORDINANCE NO. 3505 1982 - ORDINANCE NO. MC-195 1957 - ORDINANCE NO. 2154 1978 - ORDINANCE NO. 3750 1983 - ORDINANCE NO. MC-256 1961 - ORDINANCE NO. 2367 1979 - ORDINANCE NO. 3877 1983 - ORDINANCE NO. MC-257 1966 - ORDINANCE NO. 2733 1979 - ORDINANCE NO. 3878 1984 - ORDINANCE NO. MC-424 1969 -_ORDINANCE NO. 2979 1980 - ORDINANCE NO. 3943 1985 - ORDINANCE NO. MC-460 'L-1' 69P"- `ORDINANCE NO. 3022 1980 - ORDINANCE NO. 3967 1986 - ORDINANCE NO. MC-497 1973 - ORDINANCE NO. 3325 1980 - ORDINANCE NO. MC-16 1989 - ORDINANCE NO. MC-659 197, - ORDINANCE NO. 3406 1980 - ORDINANCE NO. MC-103 i.AY4 9 U �INANCE NO. 3412 1980 - ORDINANCE NO. MC-104 1974 - ORDINANCE NO. 3424 1980 - ORDINANCE NO. MC-109 1975 - ORDINANCE NO. 3485 1981 - ORDINANCE NO. MC-119 1975 - ORDINANCE NO. 3486 1982 - ORDINANCE NO. MC-160 Recommended motion: WAIVE' . FURTHER READING AND LAY OVER FOR FINAL ADOPTION Signature Contact person: DENNIS A. BARLOW Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) 1Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN., IDINO - REQUEST FAR COUNCIL ACTION STAFF REPORT It has been suggested that the City may wish to provide emergency ambulance services directly to the residents of the City. As that has been considered, the question has come up how Chapter 5. 76 of the San Bernardino Municipal Code (the taxicab, ambulance, and chartered vehicle ordinance) would apply to that endeavor. Certainly, the intent of the ordinance is that it apply to private businesses and not to the City. For instance, the City would not be required to obtain a permit from itself to operate such facilities. However, to clarify that this Chapter does not apply to the City, it is recommended that the attached ordinance be adopted. DAB:km[EXEMPTI0.RPT) 75-0264 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.76.575 TO THE SAN BERNARDINO MUNICIPAL CODE CLARIFYING THAT THE 3 CITY IS EXEMPT FROM THE PROVISIONS OF THE TAXICAB, AMBULANCE AND CHARTERED VEHICLE ORDINANCE 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 5.76. 575 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "5.76. 575 Application to City. 9 "This Chapter shall not be construed 10 to apply to the City of Bernardino or to 11 City officers and employees acting in their 12 capacity as such officers or employees. " 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AB:km[EXEMPTIO.ORD] -1- 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5 .76.575 TO THE SAN BERNARDINO MUNICIPAL CODE CLARIFYING THAT THE CITY IS 2 EXEMPT FROM THE PROVISIONS OF THE TAXICAB, AMBULANCE AND CHARTERED VEHICLE ORDINANCE 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 HERNANDEZ 11 OBERHELMAN 12 OFFICE VACANT 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 The foregoing ordinance is hereby approved this day 19 of 1993. 20 Tom Minor, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: 26 27 28 AB:km[EXEMPTIO.ORD] -2-