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HomeMy WebLinkAbout11 City AttorneyCITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION s Ordinance of the City of San From: Paula J. Coleman Subject: Bernardino Adding Sub - Section A.11 to Section 9.90.010 of Title 9 of Dept: City Attorney the San Bernardino Municipal Code ORIGINAL Relating to Authority to Arrest Date: October 20, 1998 and Issue Citations Synopsis of Previous Council action: MC -1027, 09/08/98 MC- 591, 05/13/87 MC- 954, 11/20/95 MC- 586, 03/23/87 MC- 952, 11/06/95 MC- 464, 07/01/85 MC- 945, 06/19/95 MC- 404, 08/20/84 MC- 931, 01/23/94 MC- 372, 05/21/84 MC- 635, 09/06/88 MC- 254, 03/04/83 MC- 606, 09/22/87 Recommended motion: That said ordinance be laid over for final adoption. Contact person PaA�Alc������ Signature Paula J. Coleman Supporting data attached: FUNDING REQUIREMENTS: Amount: Council Notes: 75 -0262 None Source: (Acct No.) (Acct Description) //IZ7 -, /-/:� /�, Phone: X5355 Ward: 3 Finance: 11116- / 0, Agenda Item No- � CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT AGENDA ITEM: Ordinance of the City of San Bernardino Adding Sub - Section A.11 to Section 9.90.010 of Title 9 of the San Bernardino Municipal Code Relating to Authority to Arrest and Issue Citations Currently, San Bernardino Municipal Code Chapter 9.90 enumerates the City Departments and their designated employees that are authorized to issue citations to enforce the San Bernardino Municipal Code. The Director of College Police and Safety Services for San Bernardino Valley College, Mr. Mac Pricher, has requested that the Mayor and Council amend Section 9.90.010 to empower the Community College Police to arrest and issue citation for Public Offenses as enumerated in Title 9 of the San Bernardino Municipal Code. Community College Police are appointed and duly sworn peace officers employed to enforce the law on or near the campus of the community college. Their function is supplementary to local law enforcement. Currently, their enforcement is limited to offenses against school personnel, pupils, or property committed on or in vicinity of school premises. Community College Police are public officers and Penal Code Section 836.5 permits public officers when authorized by ordinance to arrest and issue a notice to appear for violations of local ordinances. By passing this amendment to Chapter 9.90 of the San Bernardino Municipal Code, the San Bernardino Police Department would be assisted by the Community College Police in enforcing municipal code violations for public offenses on or near the college campus. L0_'Gd_M_a'1 Paula J. Coleman Deputy City Attorney PJCltbm[StaffCC.rpt] 75.0264 J Copy 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUB- SECTION A.11 TO SECTION 9.90.010 OF TITLE 9 OF THE SAN BERNARDINO 4 MUNICIPAL CODE EMPOWERING SAN BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE CITATIONS FOR VIOLATIONS OF TITLE 9 OF THE 5 SAN BERNARDINO MUNICIPAL CODE 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 7 BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. Section 9.90.010(A)(11) is hereby added to the San Bernardino Municipal code as follows: 9 11. The San Bernardino Community College Police, who are peace officers 10 as defined by Section 830.32 of the Penal Code, are authorized and empowered to arrest and issue citations for violations of the provisions of 11 Title 9- Public Peace, Morals and Welfare, on or near the campus of the community college and, on or near other grounds or properties owned, 12 operated, controlled, or administered by the community college or by the state acting on behalf of the community college. 13 14 /// 15 /// 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 Ao- 2 3 4 II 5 6 7 8 9 10 11 II 12 13 14 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUB- SECTION A.11 TO SECTION 9.90.010 OF TITLE 9 OF THE SAN BERNARDINO MUNICIPAL CODE EMPOWERING SAN BERNARDINO COMMUNITY COLLEGE POLICE TO ARREST AND ISSUE CITATIONS FOR VIOLATIONS OF TITLE 9 OF THE SAN BERNARDINO MUNICIPAL CODE I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 1998, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN VACANT SCHNETZ DE VLIN ANDERSON MILLER City Clerk The foregoing ordinance is hereby approved this _ day of Approved as to form and legal content: JAMES F. PENMAN, City Attorney 1 _ By: JUDITH VALLES, Mayor City of San Bernardino Pa ..;