The URL can be used to link to this page

Home My WebLink About25- City Attorney CITY OF SAN BERN ' RDINO REQUEST F^R COUNCIL ACTION ' From: James F. Penman, City Attorney Subject: An Ordinance of the City of San Bernardino Adding Chapter Dept: City Attorney 8. 65 to the San Bernardino Municipal Code Relating to the Date: December 7, 1993 Destruction of Weapons in the Custody of the Police Dept. Synopsis of Previous Council action: November 15, 1993 - Mayor and Common Council directed City Attorney to prepare ordinance. Recommended motion: Waive further reading and lay over for final adoption. Signature ennis ar ow Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN. RDINO - REQUEST F ill COUNCIL ACTION STAFF REPORT At the meeting of the Mayor and Council held on November 15, 1993, this office was directed to prepare an ordinance which provides for the destruction of weapons held by the Police Department rather than the sale of such weapons. The attached ordinance adding Chapter 8. 65 to the Municipal Code would impose that requirement with certain specified exceptions provided for in State law and allowing for the retention Iof weapons which are evidence in a civil or criminal proceeding. 0 75-0264 0 j ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE 3 DESTRUCTION OF WEAPONS IN THE CUSTODY OF THE POLICE DEPARTMENT 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 8. 65 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "8. 65.010 Destruction of Weapons in Custody of Police Department 9 Any weapon which is determined to be a nuisance 10 pursuant to Penal Code §12028 and is in the possession of the San Bernardino Police Department shall annually 11 in the month of July, or sooner, if necessary to conserve local resources including space and 12 utilization of personnel who maintain files and security of those weapons, be destroyed so that it can 13 no longer be used as such a weapon except upon the certificate of a judge of a court of record, or of the 14 San Bernardino County District Attorney or of the San Bernardino City Attorney, that the retention of it is 15 necessary or proper to the ends of justice. 16 8. 65.020 Lost or Stolen Weapons 17 If any weapon has been lost or stolen and is thereafter recovered, or is used in such a manner as 18 to constitute a nuisance pursuant to Penal Code §12028 and §8. 65.010 of this chapter, without the prior 19 knowledge of its lawful. owner that it would be so used, it shall not be destroyed but shall be restored 20 to the lawful owner, if his or her identity and address can be reasonably ascertained, as soon as its 21 use as evidence has been served, upon his or her identification of the weapon and proof of ownership. 22 Sufficient identification of ownership shall include, but shall not be limited to, a police report made at 23 or near the time of loss or theft, or at or near the time of discovery of the loss or theft. A police 24 report by itself listing the lost or stolen weapon is sufficient identification of ownership. 25 8. 65.030 Alternatives to Destruction 26 ( a) Pursuant to the authority of Penal Code 512030, 27 when the Police Department has custody of any firearms which may be useful to the California National Guard, 28 the Coast Guard Auxiliary, or to any military or naval DAB/js [Destruction.Ordl 1 December 9, 1993 1 agency of the federal or state government, including but not limited to, the California National Guard 2 military museum and resource center, it may, upon the authority of the Mayor and Common Council and the 3 approval of the Adjutant General, deliver the firearms to the commanding officer of a unit of the California 4 National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal 5 government in lieu of destruction as required by this chapter. The Police Department shall take a receipt 6 for the firearms containing a complete description thereof and shall keep the receipt on file as a public 7 record. 8 (b) When the Police Department has custody of any firearms, or any parts of any firearms, which are 9 subject to destruction as required by this chapter it may, in lieu of destroying the weapons, retain and use 10 any of them as may be useful in carrying out the official duties of the Department, or upon approval of 11 a court, may release them to any other law enforcement agency for use in carrying out the official duties of 12 that agency, or may turn over to the criminalistics laboratory of the Department of Justice or the 13 criminalistics laboratory of any other police department, sheriff' s office, or district attorney' s 14 office any weapons which may be useful in carrying out the official duties of their respective agencies. 15 (c) Any firearm, or part of any firearm, which, 16 rather than being destroyed, is used for official purposes pursuant to this section shall be destroyed 17 by the Department or other agency using the weapon when it is no longer needed for use in carrying out 18 official duties. 19 (d) The Police Department may, in lieu of destroying any firearms. as required by this chapter, obtain an 20 order from the Superior Court directing the release of the firearms to the sheriff. The sheriff shall record 21 a description of such firearms and release them to a basic training academy as provided in Penal Code 22 S12030(d) 23 8. 65.040 Notice to Department of Justice 24 Pursuant to Penal Code §12030(e) , when the Police Department retains or destroys a firearm pursuant to 25 this chapter it shall notify the Department of Justice of the retention or destruction. The notification of 26 each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number. 27 8. 65.050 Temporary Custody of Certain Firearms 28 DAB/js [Destruction.Ord] 2 December 9, 1993 1 This chapter shall not apply to those firearms taken into temporary custody at the scene of domestic 2 violence. Such weapons shall be disposed of as provided in Penal Code 912028. 5 except that when such 3 firearms are not claimed by or returned to the owners they shall not be sold but shall be destroyed as 4 provided in this chapter. 5 8. 65.060 Retention as Evidence The provisions of this chapter shall not apply to 6 those weapons which are or may be evidence in either a criminal or civil case, which weapons shall be 7 retained pending a final decision in such case. 8 8. 65.070 Definition of Firearm 9 For the purposes of this chapter, weapon and firearm shall be synonymous and firearm shall have the 10 definition provided in Penal Code §12401. " 11 I HEREBY CERTIFY that the foregoing Ordinance was duly 12 adopted by the Mayor and Common Council of the City of San 13 Bernardino at a _ meeting thereof, held on the 14 day of 1993, by the following vote, to wit: 15 Council Members: AYES NAYS ABSTAIN ABSENT 16 NEGRETE 17 CURLIN 18 HERNANDEZ 19 OBERHELMAN 20 DEVLIN 21 POPE-LUDLAM 22 MILLER 23 24 25 City Clerk 26 27 28 DAB/js [Destruction.Ord] 3 December 9, 1993 OW 13 1 2 AN ORDINANCE. . .ADDING CHAPTER 8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DESTRUCTION OF WEAPONS IN THE 3 CUSTODY OF THE POLICE DEPARTMENT 4 The foregoing Ordinance is hereby approved this day 5 of 1993. 6 Tom Minor, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, 10 City Attorney 11 12 By' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/js [Destruction.Ord] 4 December 9, 1993