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HomeMy WebLinkAbout04-05-2023_Open Session_General Comment_Cameron, Douglas E_RedactedFrom:Douglas Cameron To:CityClerkDepartment Subject:Extracts from the California Political Code Submitted before the March 15, 2023 Meeting Date:Monday, April 3, 2023 2:09:27 PM Attachments:Extracts from the CA Political Code.pdf Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Good Afternoon: Over the past year I have had numerous conversations with members of local law enforcement and Janet Frangie, a San Bernardino Superior Court Judge regarding the lawlessness being exhibited in the City and County of San Bernardino and failure by law enforcement to enforce the littering, speeding laws in this city and actions by homeless individuals who have been transported into this city from other locations in this state. According to Judge Frangie, the problem with prosecution is lack of funding, or agreement on funding for these prosecutions, either by the state of California, or with the City of San Bernardino. In recognition of these continued deteriorating conditions, we researched the California laws and discovered there is a solution already available to the City Council to implement a Police Court, as detailed in the California Political Code. I provided a limited number of copies of applicable provisions of this Political Code to the Clerk prior to the March 15 meeting, but the three (3) minutes available for public comment is not adequate to discuss these provisions in sufficient detail. I am therefore attaching that document to this e-mail and request that it be made available to all members of the City Council and the Chief of Police. I also encourage all members of this City Council to review the California Constitution of 1849 and be prepared to discuss the proposed Police Court for San Bernardino at the next meeting in April. Sincerely, Douglas E Cameron Sent from Mail for Windows Presented to the San Bernardino City Council for Consideration at its Regular Meeting Held March 15, 2023 Courtesy of Douglas E Cameron EXTRACTIONS FROM THE POLITICAL CODE STATE OF CALIFORNIA. AS ENACTED IN 1872, AND AMENDED UP TO AND INCLUDING 1897. BY JAMES H. DEERING, Of the San Francisco Bar. SAN FRANCISCO: BANCROFT-WHITNEY CO Law Publishers and Law Booksellers. 1897. ANALYSIS OF THE CONTENTS. PRELIMINARY PROVISIONS, §§ 2-20. PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, Etc., §§ 30-60. PART II. POLITICAL DIVISIONS OF THE STATE, §§ 75- 203. PART III. GOVERNMENT OF THE STATE, §§ 220-3900. Page 1 of 7 PART IV. GOVERNMENT OF COUNTIES, Etc., §§ 3901- 4457. PART V. SOURCES OF LAW AND EFFECT OF CODES, §§ 4466-4505. ADDENDA. GENERAL LAWS ON SUBJECTS EMBRACED IN THE POLITICAL CODE. PART IV. OF THE GOVERNMENT OF COUNTIES, CITIES, AND TOWNS, §§ 3901-4457. The Government of Cities, Title iii. §§ 4354-4449. Cities as bodies corporate, chap. i. §§ 4354-4374. Executive powers, chap, ii, §§ 4385-4393. Legislative powers, chap, iii, §§ 4403-4414. Judicial powers, chap, iv, §§ 4424-4432. Certain statutes relating to cities and towns and existing corporations continued, chap. V, § 4442. Funding and refunding of city indebtedness, chap, vi, §§ 4445-4449. Liability of Counties and Cities for Injury to Property by Mobs or Riots, Title iv, §§ 4452-4457. CHAPTER IV. JUDICIAL POWERS. - [Of City Council] § 4424. Police Judge; vacancy, how filled. § 4425. Police Court Clerk. § 4426. Criminal jurisdiction. § 4427. General and exclusive jurisdiction. § 4428. When Justice of the Peace to act as Police Judge. g 4429. Always open, except on non-judicial days. § 4430. Proceedings in criminal offenses not triable in. § 4431. Criminal trials in Police Courts. § 4432. Civil practice in Police Courts. § 4424. The City Police Judge must be a qualified Page 2 of 7 elector of the city, any vacancy in the office of Police Judge must be filled by an appointee of the Mayor, made with the advice and consent of the Common Council. Police Courts, creation of and acts relating to: See General Laws, title "Police Courts." § 4425. The Police Judge may appoint a Clerk, with such compensation, by way of salary or fees, as the Common Council may by ordinance provide. § 4426. The Police Court has exclusive jurisdiction of the following public offenses committed within the city boundaries: 1. Petit larceny; 2. Assault and battery, not charged to have been committed upon a "public officer in the discharge of his official duty, or with intent to kill 3. Breaches of the peace, riots, affrays, committing willful injury to property and all misdemeanors punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment; and 4. Of proceedings respecting vagrants, lewd or disorderly persons. Basis of section—Stats. 1866, p. 194. § 4427. The Police Court also has exclusive jurisdiction: 1. Of all proceedings for the violation of any Page 3 of 7 ordinance of the city, both civil and criminal; 2. Of any action for the collection of taxes and assessments levied for city purposes; or for the erection or improvement of any schoolhouse or public buildings; for the laying out or opening or improving any public street or sidewall, lane," alley, bridge, wharf, pier or dock; or for the purchase of or the improvement of any public grounds; or for any and all public improvements made and ordered by the city within its limits, when the amount of the tax or assessments sought to be collected against the person assessed is less than three hundred dollars; but no lien upon the property taxed or assessed for the non-payment of the taxes or assessment can be foreclosed in any such action; 3. Of an action for the collection of money due to the city, or from the city to any person, when the amount sought to be collected, exclusive of interest and costs, is less than three hundred dollars; 4. For the breach of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party or is in any way interested; and all forfeited recognizances given to or for the benefit or in behalf of the city; and upon all bonds given upon any appeal taken from the judgment of the Court in any action above named where the amount claimed, exclusive of costs, is less than three hundred dollars; 5. For the recovery of personal property belonging to the city, when the value of the property (exclusive of the damages for the taking or detention) is less than three hundred dollars; and. 943 Judicial Powers. §§4428-4432 6. Of an action for the collection of any license required by any ordinance of the city. Basis of section—Stats. 1866, p. 194. § 4428. In all cases in which the judge is a party, or in which he is interested, or in which he is a witness, or in which he is related to either party by consanguinity or affinity within the third degree; and in case of sickness or inability, or Page 4 of 7 temporary absence from the city, the Police Judge, or Judge of the Police Judge Court, may by written request call in any Justice of the Peace of the same county to act in his place and stead, and while so acting shall be vested with the power of the judge for whom he so holds court. In which case the proper entry of the proceedings before the attending justice, subscribed by him, shall be made in the docket of the judge for whom he so holds the court; and the same shall be prima facie evidence of such proceedings, and form and become a part of the record of any, or any part of any and all actions, causes or proceedings had before such attending justice while so holding the court. [Amendment approved March 9, 1897; amendments 1897, chap, xciii.] § 4429. Police Courts are always open for the transaction of business, except on non-judicial days. Basis of section—Stats. 1866, p. 195. § 4430. Proceedings in the Police Court in criminal actions for offenses not triable in such courts must be had in conformity with the provisions of Part II, Title III, Chapter VII of the Penal Code. Preliminary examination—Penal Code, sec. 858 et sea. § 4431. Proceedings in the Police Courts in criminal actions triable in such courts are regulated in Part II, Title XI, Chapter I of the Penal Code. Proceedings in Police Courts—and Justices' Courts, Penal Code, see. 1426 et seq. § 4432. Proceedings in the Police Courts in civil actions are regulated by Part II, Title XII of the Code of Civil Procedure. Proceedings in civil actions—in Police Courts, Code Civ. Proc, sees. 929-933. TITLE IV. LIABILITIES OF COUNTIES AND CITIES FOR INJURIES TO PROPERTY BY MOBS OR RIOTS. Page 5 of 7 CHAPTER I. § 4452. Municipal Corporations responsible for injuries by mobs or riots. § 4453. Actions for damages thus caused must be tried, where § 4454. When action must be commenced. § 4455. Warrant to be issued for payment of damages; tax therefor. § 4456. Plaintiff not to recover if damage resulted from his own neglect. § 4457. Application of foregoing provisions to injuries to levees, etc. § 4452. Every municipal corporation is responsible for injuries to real or personal property situate within its corporate limits, done or caused by mobs or riots. Section based-on Stats. 1868, p. 418. § 4453. Actions for damages under the preceding section must be tried in the county in wliich the property injured is situated. Section based—on Stats. 1868, p. 419. § 4454. All actions herein provided for must be commenced within one year after the act complained of is committed. Basis of section—Stats. 18(i8, p. 419. Pol. Code-80. §§ 4455-4457 Mobs or Riots. 950 Like provision—in Code Civ. Proc, sec. 340, subd. 5. § 4455. On the certificate of the presiding officer, or of the Clerk of the Court in which the judgment is rendered, tbe Board of Supervisors of the county or the legislative authority of the city must by ordinance direct and cause to be issued Page 6 of 7 a warrant for the payment thereof on the General Fund, and thie same must be paid in its regular order, as other warrants of the municipal corporation are paid; and must at the proper times levy and cause to be collected a tax on the taxable property of such municipal corporation for the payment of such warrant within a period of not more than three years. Basis of section—Stats. 1868, p. 419. § 4456. The plaintiff in any action authorized by this title must not recover if it appears upon the trial that the damage complained of was occasioned or in any manner aided, sanctioned or permitted by his carelessness or negligence. § 4457. The provisions of this title and chapter are applicable to cases where the levees and other works of reclamation of any district are injured or destroyed by mobs or riots; and the actions brought for damages therefor must be prosecuted by the Attorney General of the State, in the name of the people of the State of California, and the amount recovered in such actions must be paid to the Treasurer of the county, who must place the same to the credit of the district. [New section approved March 30. 1874; amendments 1873-4, p. 59. In effect July 6, 1874.] Section added—by amdts. 1874. Page 7 of 7