Loading...
HomeMy WebLinkAbout07- Ordinance 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 WILLFUL INTERRUPTIONS OF MEETINGS OF THE MAYOR AND COMMON COUNCIL 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 2.58. 105 is hereby added to the San 7 Bernardio Municipal Code to read as follows: 8 "$ 2.58.105. Understanding that the purpose of the 9 meetings of the Mayor and Common Council is to conduct the 10 people's business for the benefit of all the people, in the 11 event that any meeting of the Mayor and Common Council is 12 willfully interrupted by a person or by a group of persons so as 13 to render the orderly conduct of the meeting impossible, the 14 Mayor may proceed pursuant to Government Code § 54957.9 or any 15 applicable penal statute or ordinance. For the purposes of 16 these rules "willfully interrupt" includes, but is not limited 17 to, continuing to do any of the following after being warned by 18 the Mayor that continuing to do so will be a violation of law: 19 a, Addressing the Mayor and Common Council without first 20 being recognized. 21 b. Persisting in addressing a subject or subjects, other 22 than that before the Mayor and Common Council. 23 c. Repetitiously addressing the same subject. 24 d. Failing to relinquish the podium when directed to do 25 so. 26 e. From the audience, interrupting or attempting to 27 interrupt, a speaker, the Mayor, a Councilmember, or a staff 28 DAB:ca [Interru Ord] 1 P• August 5, 1994 47 E 1 member or shouting or attempting to shout over a speaker, the 2 Mayor, a Councilmember or a staff member. 3 f. As a speaker, interrupting or attempting to interrupt 4 the Mayor, a Councilmember, or a staff member, or shouting over 5 or attempting to shout over the Mayor, a Councilmember, or a 6 staff member. 7 Nothing in this section or any rules of the Council shall 8 be construed to prohibit public criticism of the policies, 9 procedures, programs, or services of the City or of the acts or 10 omissions of the Mayor and Common Council. 11 It shall be unlawful to violate the provisions of this 12 Section. 13 If any subsection, sentence, clause or phrase of this 14 Section 2. 58. 105 is for any reason held to be invalid or 15 unconstitutional, such decision shall not affect the validity of 16 the remaining portions of this Section. The Mayor and Common 17 Council hereby declare that it would have passed this section, 18 and each subsection, sentence, clause and phrase thereof, 19 irrespective of the fact that any one or more subsections, 20 sentences, clauses or phrases had been declared invalid or 21 unconstitutional. " 22 23 24 25 26 27 28 DAB:ca [Interrup.Ord] 2 August 24, 1994 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.105 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WILLFUL 2 INTERRUPTIONS OF MEETINGS OF THE MAYOR AND COMMON COUNCIL 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1994, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 19 City Clerk 20 The foregoing Ordinance is hereby approved this day 21 of 1994. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 By: / 28 DAB:ca [Interrup.Ord) 3 August 5, 1994