HomeMy WebLinkAboutMC-14851
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ORDINANCE NO. MC -1485
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 5.16 ENTITLED "FIRE, REMOVAL, OR CLOSING -OUT SALES"
WHEREAS, at the November 8, 2016 general election, the People of the City of San
Bernardino adopted Measure L which amended the City of San Bernardino's Charter ("New
Charter"); and
WHEREAS, as a result of the New Charter, the City Council is adopting amendments
to the San Bernardino Municipal Code ("Municipal Code") in order to bring it into conformity
with the New Charter; and
WHEREAS, in addition to amendments to the Municipal Code for conformity with
the New Charter, staff is also presenting to the City Council some revisions to the Municipal
Code that are appropriate due to the provisions' irrelevance, unconstitutionality, or otherwise
no longer being necessary; and
WHEREAS, the repeal of Chapter 5.16 of the San Bernardino Municipal Code
entitled "Fire, Removal or Closing -Out Sales" which requires a permit and sets forth
additional requirements for the "sale of goods, wares or merchandise as a fire, damage by fire
or water, removal, close-out, liquidation, bankruptcy or other similar sales of goods, wares or
merchandise" meets the criteria set forth above.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.16 of the San Bernardino Municipal Code entitled "FIRE,
REMOVAL OR CLOSING -OUT SALES" is hereby repealed.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
I unconstitutional, invalid or ineffective by any court of competent _jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
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part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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IS
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 5.16 ENTITLED "FIRE, REMOVAL, OR CLOSING -OUT SALES"
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
18a' day of April 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
k(5)
ABSTAIN ABSENT
Georgean Hanna, CMt, City Clerk
The foregoing Ordinance is hereby approved this 18th day of April 2018.
r
R. Carey Davi, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: =6_�c
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