HomeMy WebLinkAbout33-City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING VARIOUS
CHAPTERS OF THE SAN BERNARDINO MUNICIPAL CODE TO REFERENCE
MISDEMEANOR AND INFRACTION PENALTIES TO CHAPTER 1.12 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO GENERAL PENALTY, TO SPECIFY
THAT CERTAIN CODE VIOLATIONS ARE UNLAWFUL, AND TO AMEND CHAPTERS
TO MAKE VIOLATIONS INFRACTIONS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 2.12 of the San Bernardino Municipal
Code is amended to read:
"CHAPTER 212
FIRE DEPARTMENT
2.12.010 Appointment of Fire Chief.
The Mayor shall appoint, with the approval of the Board of
Fire Commissioners and subject to the confirmation of the Common
Council, a Fire Chief. The position requires exceptional
qualifications of a scientific, managerial, professional and
educational character.
2.12.020 Duties of Fire Chief.
The Fire Chief shall have the general management and
supervision over the Fire Department, under the regulations and
directions of the Mayor and Common Council.
2.12.030 Authority of Fire Chief to enforce Code
provisions.
The Fire Chief and his or her designated subordinates in the
Fire Department may enforce the provisions of Sections 5.28.010,
8.84.010, 8.84.020, 9.52.070, 9.56.010, 9.84.010, 17..36.020,
12.44.010, 12.44.020, 12.52.010, and Chapters 5.64, 9.08, 9.12,
12.20, 15.16 and 16.16 and Title 6 of this Code and are
.u'hor1,.d '0 p.rform any .0', 1no1udin, ,h. pr.p.r"'~::::>.
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issuance of written notices to appear for violations thereof,
under and pursuant to Section 836.5 and Chapters 5C and 5D of
Part 2 Title 3 (commencing with Section 853.6) of the Penal Code
of the state of California.
2.12.040 Preservation of order at fires.
The Fire Chief shall, to the best of his or her ability,
preserve order at all fires, and shall, whenever proper or
necessary, call upon the Chief of Police or any other peace
officer to preserve order and make arrests, and to prevent
interference with his or her orders or with the members of the
Department.
2.12.050 Liability of City.
No liability shall be incurred by the City on account of the
Fire Department, except such as shall be incurred or approved by
the Mayor and Common Council."
SECTION 2. Section 2.28.020 of the San Bernardino Municipal
Code is amended to read:
"2.28.020 Violation - Penalty.
It is unlawful for any person, firm or corporation to
violate any of such rules or regulations, and any person, firm or
corporation violating any such rule or regulation is guilty of an
I infraction, which upon conviction thereof is punishable in
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accordance with the provisions of Section 1.12.010 of this Code."
SECTION 3. Section 2.38.120 of the San Bernardino Municipal
Code is amended to read:
"2.38.120 Impersonation prohi bi ted.
It is unlawful and an infraction, punishable in accordance
with Section 1.12.010 of this Code, for any person, not a member
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of the reserves:
A. To wear, carry, or display a reserve identification
card, badge, cap piece, or insignia;
B. In any manner to represent himself or herself to be
connected with the reserves."
SECTION 4. Section 2.46.100 of the San Bernardino Municipal
Code is amended to read:
"2.46.100 Punishment of violations.
It is unlawful and an infraction, punishable in accordance
with the provisions of Section 1.12.010 of this Code, for any
person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the
emergency organization in the enforcement of any lawful rule or
regulation issued pursuant to this chapter, or in the performance
of any duty imposed upon him or her by virtue of this chapter;
B. Do any act forbidden by lawful rule or regulation issued
pursuant to this chapter, if such act is of such a nature as to
give or be likely to give assistance to the enemy or to imperil
the lives or property of inhabitants of this City, or to prevent,
hinder, or delay the defense or protection thereof;
C. Wear, carry, or display, without authority, any means of
identification specified by the emergency agency of the state of
Cal ifornia. "
SECTION 5. Section 3.44.150 of the San Bernardino Municipal
Code is amended to read:
"3.44.150 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
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accordance with the provisions of Section 1.12.010 of this Code."
SECTION 6. Section 3.52.150 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Any person violating any provision of this chapter is
guilty of a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 7. Section 3.60.120 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Any person violating any provision of this chapter is
guilty of a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 8. Section 5.04.355 of the San Bernardino Municipal
Code is amended to read:
"5.04.355 Astrology, palmistry, phrenology, etc.
The following activities are unlawful: conducting, engaging
in or the carrying on, practicing or professing to practice, by
any person, of the activity or business of astrology, palmistry,
phrenology, life-reading, fortune-telling, cartomancy,
clairvoyance, clairaudience, crystal-gazing, mediumship,
prophesy, augury divination, magic or necromancy, or by one who
I seeks or receives a fee for the exercise or exhibition of the
labove activity directly or indirectly, either as a gift, donation
or otherwise, or who gives an exhibition thereof at any place
where an admission fee is charged; provided, that the provisions
of this article do not apply to any person conducting or
participating in any religious ceremony or service when such
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person holds a certificate, ordination or endorsement as a
medium, healer, or clairvoyant from any bona fide church or
religious association having branches or churches in other states
and communities and which has a creed or set of religious
principles that is recognized by all of such churches or
branches; provided further, that the fees, gratuities, emoluments
and profits thereof shall be regularly accounted for and paid
solely to or for the benefit of said church or religious
association."
SECTION 9. Section 5.04.360 Subsections A, B, C and D of
the San Bernardino Municipal Code are amended to read:
"A. It is unlawful for any person to solicit to street or
sidewalk traffic, by any means, the sale of any tangible personal
property or the employment of any services or facilities upon any
sidewalk or parkway adjacent to or a part of the congested
streets as defined in Subsection E of this section.
B. It is unlawful for any person to sell to street or
sidewalk traffic any tangible personal property or any services
or facilities upon any sidewalk or parkway adjacent to or a part
of any of the congested streets as defined in Subsection E of
this section.
C. It is unlawful for any person to have, bear, wear or
carry upon any sidewalk or parkway adjacent to or a part of any
I of the congested streets as defined in Subsection E of this
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I section any advertising banner, flag, board, sign, transparency,
\ wearing aware I or other device, any of which has an area greater
Ithan fourteen square inches, commanding, publishing, announcing,
!or calling attention to any goods, wares, merchandise, or
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commodities, or to any place of business, occupation, show,
exhibition, entertainment or event.
D. It is unlawful for any person to beg, ask for, solicit,
or receive alms for his or her own benefit upon any sidewalk or
parkway adjacent to or a part of any congested street as defined
in Subsection E of this section."
SECTION 10. Section 5.16.030 of the San Bernardino
Municipal Code is amended to read:
"5.16.030 Permit - Required.
It is unlawful for any person to advertise, represent or
hold out that any sale of goods, wares and merchandise is a fire,
removal or close-out sale unless he or she has first obtained a
permit to conduct such sale from the Mayor and Common Counci1."
SECTION II. Section 5.16.060 of the San Bernardino
Municipal Code is amended to read:
"5.16.060 Permit - Application - False statements.
It is unlawful for any person to make a false statement in
the application provided for in this chapter."
SECTION 12. Section 5.16.120 of the San Bernardino
Municipal Code is amended to read:
"5.16.120 Certain good s not to be sold.
It is unlawful for any person in contemplation of conducting
a fire or closing-out sale under a permit as provided in this
chapter to order any goods, wares or merchandise for the purpose
of selling and disposing of the same at such sale."
SECTION 13. Section 5.16.140 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person carrying on or conducting
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a fire or closing-out sale under a permit to, during the
continuance of such sale, add any goods, wares or merchandise for
the purpose of selling the same, to the stock of goods, wares or
merchandise described and inventoried in his or her original
application for such permit. No goods, wares or merchandise
shall be sold at or during such sale, excepting the goods, wares
or merchandise described and inventoried in the original
application, and each and every addition of goods, wares or
merchandise for the purpose of sale, to such stock of goods,
wares or merchandise described and inventoried in said
application, and each sale of goods, wares or merchandise as were
not inventoried and described in the application, constitutes a
separate offense under this chapter."
SECTION 14. Section 5.16.150 of the San Bernardino
Municipal Code is amended to read:
"5.16.150 Advertising - Permit required.
It is unlawful for any person to advertise, represent or
hold out any sale of goods, wares or merchandise to be a fire or
closing-out sale, without first complying with the provisions of
this chapter."
SECTION 15. Section 5.20.100 of the San Bernardino
Municipal Code is amended to read:
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I parlor to employ, use or permit any person to practice as a
I massage technician unless such massage technician has first
II obtained a valid permit pursuant to this chapter."
I SECTION 16. Section 5.24.040 of the San Bernardino
"5.20.100
Employees.
It is unlawful for the holder of a permit for a massage
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Municipal Code is amended to read:
"5.24.040 Registrat ion cert if icate requi red - Payment of
minimum tax.
It is unlawful for any person to engage in such business or
perform any act required to be taxed under this chapter during
any tax period without first obtaining a registration certificate
and paying a minimum tax for that year in the amount of fifteen
dollars."
SECTION 17. Section 5.36.020 of the San Bernardino
Municipal Code is amended to read:
"5.36.020 License - Required.
It is unlawful for any person, firm, corporation,
association, partnership or organization other than a nonprofit
organization, mobile home park association, or senior citizen
organization to conduct bingo games. Such organizations or
associations shall not conduct bingo games without first
securing a license to conduct such games from the City Clerk as
hereinafter provided, and the receipts of such game~ shall be
used only for charitable purposes."
SECTION 18. Section 5.36.070 of the San Bernardino
Municipal Code is amended to read:
"5.36.070 Finane ial interest.
It is unlawful for any individual, corporation, partnership,
or other legal entity except the organization authorized to
conduct a bingo game to hold a financial interest in the conduct
of such bingo game."
SECTION 19. Section 5.36.090 of the San Bernardino
Municipal Code is amended to read:
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"5.36.090 Participation limited to those present.
It is unlawful for any person to allow a person not
physically present at the time and place in whch the bingo game
is being conducted to participate."
SECTION 20. Section 5.36.120 of the San Bernardino
Municipal Code is amended to read:
"5.36.120 Minors prohibited from participation.
It is unlawful for any person to allow a minor to
participate in any bingo game."
SECTION 21. Section 5.44.130 of the San Bernardino
Municipal Code is amended to read:
'~.44.130 Violation - Penalty.
Any person violating any provision of this chapter or
failing to perform the duties imposed hereunder is guilty of a
misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 22. Section 5.52.020 of the San Bernardino
Municipal Code is amended to read:
"5.52.020 Permit - Required - Application.
It is unlawful for any person to conduct, manage or carryon
any escort bureau without first securing a permit therefor from
the Chief of Police. No such permit shall be issued by the Chief
of Police except upon the verified application in writing of the
individual to be in control of, and responsible for, the
operation and conduct of the business. The application shall be
upon a form furnished by the City Clerk and shall set forth such
information concerning the applicant and the proposed business as
the Chief of Police may require and must be accompanied by a fee
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in the sum of two hundred dollars. Each permit issued shall
expire on December 31st next following the date of issuance, and
each application for the annual renewal thereof shall be
accompanied by a renewal fee in the sum of seventy-five dollars.
No permit under this section shall be issued to, or in the name
of, any organization, group, corporation, partnership, or any
other entity than an individual person; but the business may be
advertised and carried on by the permittee under a fictitious
name in the manner permitted by law, provided such fictitious
name is first approved by the Chief of Police."
SECTION 23. The first paragraph of Section 5.76.030 of the
San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to drive, operate or cause to
be operated, or to employ, permit or allow another to drive,
operate or cause to be operated, any taxicab, charter vehicle,
chauffeured limousine, sight-seeing vehicle, medical
transportation vehicle, or towing vehicle over any street of this
City regardless of whether such operation extends beyond the
boundary limits of the City, or to advertise for, solicit,
induce, persuade, invite, or procure such transportation of
passengers, or sick or injured persons or towing of vehicles
without first obtaining a permit from the bureau, subject to the
exceptions set forth in the following subsections:"
SECTION 24. Section 5.84.015 is added to the San Bernardino
Municipal Code to read:
"5.84.015 Penalties for violation.
Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating or causing the violation
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of any of the provisions of this title other than those of
Chapters 5.12, 5.36, 5.40, 5.48 and 5.52 is guilty of a
misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating or causing the violation
of any of the provisions of Chapters 5.12, 5.36, 5.40, 5.48 and
5.52, is guilty of an infraction, which upon conviction thereof
is punishable in accordance with the provisions of Section
1.12.010 of this Code."
SECTION 25. Section 6.04.150 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. In the performance of his or her duties, the Animal
Control Director, any animal control technician, and any
authorized employee of the Animal Control Department, shall have
ihe power and authority to enforce the provisions of this title,
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including issuance of notices to appear pursuant to Chapters 5C
and 5D of Part 2 Title 3 (commencing with Section 853.6) of the
Penal Code, for any offense which is a violation of this title
relating to animals and fowl, or any penal law of the state of
California relating to cruelty to animals."
SECTION 26. Section 6.24.010 of the San Bernardino
Municipal Code is amended to read:
"6.24.010 Number of dogs permitted.
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It is unlawful for any person, firm or corporation to own,
harbor or keep on or at any lot, premises or place more than
three dogs which are four or more months of age, except as may be
permitted by the provisions of Title 19."
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SECTION 27. Section 6.24.020 of the San Bernardino
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Municipal Code is amended to read:
"6.24.020 License required.
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4 It is unlawful for any person to own or harbor any dog
5 within the City, except as provided in this chapter, without
6 securing a license therefor, and maintaining a tag thereon, as
7 specif ied in this chapter."
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SECTION 28. Section 6.24.110 of the San Bernardino
9 Municipal Code is amended to read:
"6.24.110 Vicious or dangerous dogs - Leash requirement.
A. It is unlawful for a person owning or having charge,
12 custody, control, or possession of any vicious or dangerous dog
13 or animal to permit it to run at large, or to run loose or
14 unrestrained in the City. The fact that the dog or an imal has
15 bi tten any person sha 11 be pr ima facie evidence that it is a
16 vicious or dangerous animal.
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B. It is unlawful for a person who owns or has charge,
18 custody, control, or possession of a vicious or dangerous dog or
19 an imal to fail to cause it at all times to be leashed, tied
20 secure ly to a stationary object, or conf ined wi thin a fenced or
21 enclosed area; provided, that notice in writing to that effect
22 has first been mailed to said person by an authorized employee of
23 the City."
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SECTION 29. Section 6.24.130 of the San Bernardino
25 Municipal Code is amended to read:
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"6.24.130 Running at large.
27 It is unlawful for any person owning or having charge,
28 custody, control or possession of any dog to permit it to run at
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large or to run loose and unrestrained in the City."
SECTION 30. Section 6.24.180 of the San Bernardino
Municipal Code is amended to read:
'~.24.180 Vaccination requirement.
It is unlawful for any person to own or harbor any dog which
has not been vaccinated as required by and in the manner set
forth in Section 6.24.170 within the next preceding two-year
period."
SECTION 31. Chapter 6.42 is added to the San Bernardino
Municipal Code to read:
"CHAPTER 6.42
ENFORCEMENT - PENALTY
6.42.010 Penalty for violation.
Any person, firm or corporation, violating or causing the
violation of any provision of this title is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 32. Section 8.01.040 of the San Bernardino
Municipal Code is amended to read:
'~.01.040 Penalty.
Any person violating any provision of this chapter is guilty
of a misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 33. Section 8.03.030 of the San Bernardino
Municipal Code is amended to read:
"8.03.030 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
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thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 34. Section 8.06.020 of the San Bernardino
Municipal Code is amended to read:
"8.06.020 Violation - Penal ty.
Every person, association or corporation violating any
provision of this chapter is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code."
SECTION 35. Section 8.07.010 of the San Bernardino
Municipal Code is amended to read:
"8.07.010 Minors.
It is unlawful for any owner, manager, clerk, agent or
proprietor in charge of any room in any place of business
selling, or displaying for the purpose of sale, any device,
contrivance, instrument or paraphernalia for smoking, injecting
or consuming marijuana, hashish, PCP, or any controlled
substance, as defined in the Health and Safety Code of the State
of California, other than prescription drugs and devices to
ingest or inject prescription drugs, as well as roach clips, and
cigarette papers and rollers designed for the smoking of the
foregoing, to allow or permit any person under the age of
eighteen years to be, remain in, enter or visit such room unless
such minor person is accompanied by one of his or her parents, or
by his or her legal guardian. All such devices, contrivances,
instruments or paraphernalia are 'drug paraphernalia' for
purposes of this chapter."
SECTION 36. Section 8.07.030 of the San Bernardino
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Municipal Code is amended to read:
"8.07.030 Sale and display rooms.
It is unlawful for any person to maintain in any place or
business to which the public is invited the display for sale or
the offer to sell devices, contrivances, instruments or
paraphernalia for smoking, injecting or consuming marijuana,
hashish, PCP, or any controlled substance, other than
prescription drugs and devices to ingest or inject prescription
drugs, including roach clips, and cigarette papers and rollers
designed and used for smoking the foregoing, unless within a
separate room or enclosure to which minors not accompanied by a
parent or legal guardian are excluded. Each entrance to such a
room shall be sign posted in reasonably visible and legible words
to the effect that drug paraphernalia are being offered for sale
in such a room, and minors unless accompanied by a parent or
legal guardian are excluded."
SECTION 37. Section 8.07.070 of the San Bernardino
Municipal Code is amended to read:
"8.07.070 Unlawful sale.
It is unlawful for any person at any place of business open
to the public to sell drug paraphernalia to a minor."
SECTION 38. Section 8.07.080 of the San Bernardino
Municipal Code is amended to read:
'~.07.080 Violation - Penalty.
Any person who violates any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
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SECTION 39. Section 8.09.020 of the San Bernardino
Municipal Code is amended to read:
"8.09.020 Failure to notify an infraction.
Every such physician, surgeon, osteopath or other person who
fails to so notify the Chief of Police or other police officer of
the City that he or she has so dressed, treated or prescribed for
such wound of a human being is guilty of an infraction, which
upon conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code."
SECTION 40. Section 8.12.180 of the San Bernardino
Municipal Code is amended to read:
"8.12.180 Violation - Penalty.
Any person, firm or corporation or any partner, officer,
agent or employee thereof, violating any provision of this
chapter, or any rule or regulation adopted pursuant hereto, is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 41. Section 8.15.030 of the San Bernardino
Municipal Code is amended to read:
"8.15.030 Litter in public places.
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receptacles for collection, or in official City dumps."
SECTION 42. Section 8.15.050 of the San Bernardino
Municipal Code is amended to read:
"8.15.050 Sweeping litter into gutters prohibited.
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It is unlawful for any person to sweep into or deposit in
any gutter, street or other public place within the City the
accumulation of litter from any building or lot or from any
public or private sidewalk or driveway. Persons owning or
occupying property shall keep the sidewalk in front of their
premises free of litter."
SECTION 43. Section 8.15.060 of the San Bernardino
Municipal Code is amended to read:
"8.15.060 Litter in parks.
It is unlawful for any person to throw or deposit litter in
any park within the City except in public receptacles and in such
a manner that the litter will be prevented from being carried or
deposited by the elements upon any part of the park or upon any
street or other public place. Where public receptacles are not
provided, all such litter shall be carried away from the park by
the person responsible for its presence and properly disposed of
elsewhere."
SECTION 44. Section 8.15.070 of the San Bernardino
Municipal Code is amended to read:
"8.15.070 Throwing or distributing handbills in public
places.
It is unlawful for any person to throw or deposit any
commercial or noncommercial handbill in or upon any sidewalk,
street or other public place within the City. It is unlawful for
any person to hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it is not
unlawful on any sidewalk, street, or other public place within
the City for any person to hand out or distribute without charge
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to the receiver thereof any noncommercial handbill to any person
willing to accept it."
SECTION 45. Section 8.15.080 of the San Bernardino
Municipal Code is amended to read:
"8.15.080 Placing commercial and noncommercial handbills on
vehicles.
It is unlawful for any person to throw or deposit any
commercial or noncommercial handbill in or upon any vehicle;
provided, however, that it is lawful in any public place for a
person to hand out or distribute without charge to the receiver
thereof a noncommercial handbill to any o~upant of a vehicle who
is willing to accept it."
SECTION 46. Section 8.15.090 of the San Bernardino
Municipal Code is amended to read:
"8.15.090 Depositing commercial and noncommercial handbills
on uninhabited or vacant premises.
It is unlawful for any person to throw or deposit any
commercial or noncommercial handbill in or upon any private
premises which are temporarily or continuously uninhabited or
vacant."
I SECTION
47.
Section 8.15.100 of the San Bernardino
Municipal Code is amended to read:
I '~.15.l00 Prohibiting distribution of handbills where
I
I properly posted.
It is unlawful for any person to throw, deposit or
distribute any commercial or noncommercial handbill upon any
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!private premises, if required by anyone thereon not to do so, or
if there is placed on the premises in a conspicuous position near
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the entrance thereof, a sign bearing the words 'No Trespassing',
'No Peddlers or Agents', 'No Advertisement', or any similar
notice, indicating in any manner that the occupants of the
premises do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills left upon such
premises."
SECTION 48. Section 8.15.110 of the San Bernardino
Municipal Code is amended to read:
"8.l5.ll0 Distributing commercial and noncommercial
handbills at inhabited private premises.
It is unlawful for any person to throw, deposit or
distribute any commercial or noncommercial handbill in or upon
private premises which are inhabited, except by handing or
transmitting any ,such handbill directly to the owner, occupant,
or other person then present in or upon such private premises;
provided, however, that in case of inhabited private premises
which are not posted, as provided in this chapter, such person,
unless requested by anyone upon such premises not to do so, shall
have the authority to place or deposit any such handbill in or
upon such inhabited private premises, if such handbill is so
placed or deposited as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets,
or other public places, and except that mailboxes may not be so
used when so prohibited by federal postal law or regulations.
The provisions of this section shall not apply to the
distribution of mail by the United States, or to newspapers."
SECTION 49. Section 8.15.120 of the San Bernardino
Municipal Code is amended to read:
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"8.15.120 Dropping litter from aircraft.
It is unlawful for any person in an aircraft to throw out,
drop or deposit any object within the City."
SECTION 50. Section 8.15.130 of the San Bernardino
Municipal Code is amended to read:
"8.15.130 Posting notices prohibited.
It is unlawful for any person to post or affix any notice,
poster or other paper or device, calculated to attract the
attention of the public, to any lamppost, public utility pole or
shade tree, or upon any public structure or building, except as
may be authorized or required by law."
SECTION 51. Section 8.15.140 of the San Bernardino
Municipal Code is amended to read:
"8.15.140 Litter on occupied private property.
It is unlawful for any person to throw or deposit litter on
any occupied private property within the City, whether owned by
such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from
I being carried or deposited by the elements upon any street,
I sidewalk or other public place or upon any private property."
SECTION 52. Section 8.15.160 of the San Bernardino
,
Municipal Code is amended to read:
"8.15.160 Litter on vacant lots.
It is unlawful for any person to throw or deposit litter on
any open or vacant private property within the City whether owned
by such person or not."
SECTION 53. Section 8.15.170 Subsection A of the San
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Bernardino Municipal Code is amended to read:
"A. Any person, firm or corporation violating or causing or
permitting the violation of any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 54. Section 8.18.030 Subsection D of the San
Bernardino Municipal Code is amended to read:
"D. Any person, firm or corporation violating any provision
of this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 55. Section 8.18.090 of the San Bernardino
Municipal Code is amended to read:
'~.18.090 Penalty for violation.
Any person, partnership, firm or corporation, whether as
principal, agent, employee, or otherwise, interfering,
obstructing or preventing or causing the interference,
obstruction or prevention, of or with, the enforcement or
performance of any of the provisions of this chapter by the Fire
Chief, Director of Public Services, or other authorized person is
I guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 56. Section 8.21.010 of the San Bernardino
Municipal Code is amended to read:
"8.21.010 Igniting fires prohibited.
It is unlawful for any person to ignite or cause to be
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ignited, start or cause to be started any fire in any yard, court
or open place or upon any street or alley, within the fire limits
of the City as the same are now or may hereafter be prescribed in
this Code."
SECTION 57. Section 8.21.020 of the San Bernardino
Municipal Code is amended to read:
"8.21.020 Burning wastepaper, rubbish or waste combustibles
prohibited.
It is unlawful for any person to burn or cause to be burned
any wastepaper, rubbish, or waste combustible or inflammable
material by fire in any yard, court, or open place, or upon any
s~reet or alley within the fire limits of the City."
SECTION 58. Section 8.21.040 of the San Bernardino
Municipal Code is amended to read:
"8.21.040 Receptacles - Use required.
It is unlawful for any person to deposit, or cause to be
deposited, any wastepaper, rubbish, combustible or inflammable
material in or upon any yard, court or open place, or upon any
street or alley within the fire limits, except in a receptacle to
be provided for such purposes as provided in this chapter."
I SECTION 59.
Municipal Code is
Section 8.21.060 of the San Bernardino
amended to read:
'~.2l.060 Prohibited discharges into receptacles.
It is unlawful for any person to deposit any garbage, fruit,
vegetables, meats, cans, glass, or other similar substance in any
receptacle furnished under this chapter."
SECTION 60. Section 8.21.080 of the San Bernardino
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'~.21.080 Removal of contents of receptacles prohibited by
others.
It is unlawful for any person to take, or remove, any
wastepaper, rubbish, combustible or inflammable material from any
receptacle provided as required in this chapter except the City
or its duly authorized agents, servants or employees."
SECTION 61. Section 8.21.150 of the San Bernardino
Municipal Code is amended to read:
'~.21.l50 City to remove combustibles.
It is unlawful for any person, except the City or its duly
authorized agent, to take or remove any wastepaper, rubbish,
combustible or inflammable material, from any place within the
fire limits of the City."
SECTION 62. Section 8.21.160 of the San Bernardino
Municipal Code is amended to read:
"8.21.160 Damage to or removal of receptacles prohibited.
It is unlawful for any person to mar, injure, damage or
destroy, or take or remove any receptacle furnished as provided
in this chapter."
SECTION 63. Section 8.21.170 of the San Bernardino
Municipal Code is amended to read:
"8.21.170 Violation - Penalty.
Any person, firm or corporation allowing any wastepaper,
rubbish, waste, combustible or inflammable material to accumulate
or be upon his, her or its premises, or upon premises owned or
controlled by him, her or it, within the fire limits of the City,
other than in a receptacle as provided in this chapter, and any
, person, firm or corporation violating any term or provision of
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this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 64. Section 8.24.070 Subsection D of the San
Bernardino Municipal Code is amended to read:
"D. It is unlawful for any person to place any garbage
receptacle in any public highway at any place or in any manner or
at any time other than as established by this chapter for the
collection of garbage, or to permit such receptacle to remain
therein for more than twenty-four hours.
SECTION 65. Section 8.24.090 of the San Bernardino
Municipal Code is amended to read:
"8.24.090 Permit required for removing rubbish -
Exceptions.
It is unlawful for any person, except the City rubbish
collector or a person having the requisite license and permit
provided for in Sections 8.24.100 through 8.24.180 or 8.24.190 to
remove rubbish from any place or premises in the City or convey
or transport the same over the public highways thereof except
that any person in the lawful possession of any property, other
than a place of business, may collect and remove therefrom and,
I in a vehicle owned or lawfully possessed by him or her, transport
!Il any ,rubbish naturally accumulated upon such property so owned or
I lawfully possessed by him or her."
I
I SECTION 66.
, Municipal Code is amended to read:
Section 8.24.280 of the San Bernardino
"8.24.280 Violation - Penalty.
Any person, firm or corporation violating any provision of
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this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010."
SECTION 67. Section 8.27.020 of the San Bernardino
Municipal Code is amended to read:
"8.27.020 Refusal of owner to remove nuisances - Infraction
- Power of arrest - Notices to appear.
Any owner, agent or person having charge of or occupying any
lot or premises within the City who refuses or neglects for a
period of five days after receiving notice from the Director of
Public Services of the City to remove any of the things declared
to be a nuisance in Section 8.27.010 thereof, is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
The Director of Public Services, or his or her designated
subordinates shall have the authority to enforce the provisions
of this chapter and may arrest and issue notices to appear for
violations hereof pursuant to Section 836.5 and Chapter 5C of
Part 2, Title 3 (853.6 et seq.) of the California Penal Code."
SECTION 68. Section 8.30.070 of the San Bernardino
Municipal Code is amended to read:
"8.30.070 Failure to obey a misdemeanor.
After any order or decision of the City officer or Board of
Building Commissioners or Mayor and Common Council made pursuant
to this article has become final, it is unlawful for any person
to fail, neglect or refuse to obey any such order or decision.
Failure to comply with such order or decision is a misdemeanor,
which upon conviction thereof is punishable in accordance with
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the provisions of Section 1.12.010 of this Code. "
SECTION 69. Section 8.30.150 of the San Bernard ino
Municipal Code is amended to read:
"8.30.150 Violation - Penalty.
Any person, partnership, firm or corporation whether as
principal, agent, employee, or otherwise, interfering,
obstructing, or preventing or causing the interference,
obstruction or prevention, of or with, the enforcement or
performance of any provision of this chapter by the Director of
Public Services, the Superintendent of the Building and Safety
Department or other authorized person is guilty of a misdemeanor,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code."
SECTION 70. Section 8.33.090 of the San Bernardino
Municipal Code is amended to read:
"8.33.090 Compliance with order and decision of building
officiaL
After any order or decision of the building official or
Board of Building Commissioners made pursuant to this chapter has
become final, it is unlawful for any person to whom any such
order or decision is directed to fail, neglect, or refuse to obey
any such order or decision."
I SECTION 71. Section 8.33.100 of the San Bernardino
Municipal Code is amended to read:
"8.33.100 Violation - Penalty.
Any person, partnership, firm or corporation, whether as
principal, agent, employee, or otherwise, interfering,
obstructing or preventing or causing the interference,
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obstruction or prevention, of or with the enforcement or
performance of any of the provisions of this chapter by the
Director of Public Services or other authorized person is guilty
of a misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 72. Section 8.39.010 of the San Bernardino
Municipal Code is amended to read:
"8.39.010 Food handlers.
It is unlawful for any person who knowingly has communicable
tuberculosis, amebiasis, or salmonellosis to engage or serve or
seek employment in any work, Occupation or employment which
requires or occasions the handling of any food, liquid, or
material intended for food or drink for human consumption, or the
handling of any dishes or other articles used in the preparation
or service of food or drink for human consumption, and no owner,
manager, or agent of such owner, or person in charge of any
restaurant, itinerant restaurant, vehicle or vending machine as
defined in the 'California Restaurant Act', Chapter 11 of
Division 21 of the Health and Safety Code, shall retain in the
employ thereof for the performance of such services, for a longer
period than thirty days, any person who does not hold and produce
a health certificate as specified in this chapter or for any
Iperiod whatsoever, any person known or reasonably believed to be
infected with communicable tuberculosis, amebiasis, or
sa lmone llos is. "
SECTION 73. Section 8.39.020 of the San Bernardino
Municipal Code is amended to read:
"8.39.020 Baby sitters.
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It is unlawful for any person who knows that he or she has
communicable tuberculosis, amebiasis, or salmonellosis to engage
or serve or seek employment in any work, occupation or employment
involving the care and supervision of a child as a baby sitter,
and no person shall retain in employment for the performance of
such services, for a longer period than thirty days, any person
who does not hold and produce a health certificate as specified
in this chapter or for any period whatsoever, any person known or
reasonably believed to have communicable tuberculosis, amebiasis,
or salmonellosis."
SECTION 74. Section 8.39.100 of the San Bernardino
Municipal Code is amended to read:
'~.39.100 Violation - Penalty.
Any person, firm or corporation violating or causing the
violation of any provision of this chapter is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 75. Section 8.42.140 of the San Bernardino
Municipal Code is amended to read:
"8.42.140 Interference with health officer.
It is unlawful to resist or attempt to resist the entrance
of the health officer or his or her deputy, into any railway,
car, stage, vehicle, building, room, lot or other place in the
City in the performance of his or her duty or to refuse to obey
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or her duties within the power conferred upon him or her by
or by this chapter."
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SECTION 76. Section 8.42.150 of the San Bernardino
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Municipal Code is amended to read:
"8.42.150 Violation - Penalty.
Any person, firm, association, society or corporation
violating any provision of this chapter is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 77. Section 8.45.030 of the San Bernardino
Municipal Code is amended to read:
"8.45.030 Certificate required.
It is unlawful for any person to engage or, serve in, or seek
employment at any hospital, convalescent hospital, rest home,
institutional care facility, restaurant, food-handling place,
market, food-processing plant, milk-processing plant, or other
employment which requires or occasions the preparation, service,
distribution, or sale, or handling of any food or liquid or
material intended for food or drink for human consumption, or the
handling of any dishes or other articles used in the preparation,
service, distribution, or sale of food or drink for human
consumption, who does not hold and produce a certificate as
required by this chapter. It is unlawful for any owner, manager
or agent of such owner, or person in charge of any establishment
or business to retain in the employ thereof for the performance
of such services, for a longer period than two weeks, any person
who does not hold and produce a certificate as required by this
chapter."
SECTION 78. Section 8.45.170 of the San Bernardino
Municipal Code is amended to read:
"8.45.170 Violation - Penalty.
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Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 79. Section 8.48.030 of the San Bernardino
Municipal Code is amended to read:
"8.48.030 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 80. Section 8.50.040 of the San Bernardino
Municipal Code is amended to read:
"8.50.040 Violation - Penalty.
Any person having been served with an order to present
himself or herself for examination and testing for infectious
venereal disease who fails to present himself or herself for such
examination and testing in the manner and within the time
specified, or who violates any other order issued pursuant to
Section 8.50.010, or any other provision of this chapter, is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 81. Section 8.51.020 of the San Bernardino
Municipal Code is amended to read:
"8.51.020 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
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SECTION 82. Section 8.54.040 of the San Bernardino
Municipal Code is amended to read:
"8.54.040 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 83. The first paragraph of Section 8.57.030 of the
San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to drive, operate, propel or
park any sound vehicle with the sound-making device, sound-
amplifying device, or loudspeaker thereof in use or operation:"
SECTION 84. The first paragraph of Section 8.57.040 of the
San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to use, or cause to be used,
a sound vehicle with its sound-amplifying equipment in operation
for noncommercial purposes in the City before filing a
registration statement with the City Clerk in writing. This
registration statement shall be filed in duplicate not less than
seven days nor more than thirty days before the date of the
proposed use of such vehicle and shall include the following
information:"
SECTION 85. Section 8.57.080 of the San Bernardino
Municipal Code is amended to read:
"8.57.080 Commercial advertising by sound truck prohibited.
It is unlawful for any person to operate, or cause to be
operated, any sound vehicle for commercial sound advertising
purposes in the City with sound-amplifying equipment in
operation."
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SECTION 86. Section 8.57.090 of the San Bernardino
Municipal Code is amended to read:
"8.57.090 Violation - Penalty.
Any person who violates any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 87. Section 8.60.020 of the San Bernardino
Municipal Code is amended to read:
"8.60.020 License - Required.
Except as provided in this chapter, it is unlawful for any
person to offer for sale or sell at retail any fireworks of any
kind in the City without having first applied for and received a
license therefor."
SECTION 88. Section 8.60.060 of the San Bernardino
Municipal Code is amended to read:
"8.60.060 Operation of stand.
A. It is unlawful for the licensee organization to permit
any person other than the licensee organization to operate the
stand for which the license is issued or to otherwise participate
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22 I B. It is unlawful for the licensee organization to permit
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24 licensee organization, or the spouses or adult children of such
25 members, to sell or otherwise participate in the sale of
26 fireworks at such stand.
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participating in the sale of fireworks at such stand."
SECTION 89. Section 8.60.150 of the San Bernardino
Municipal Code is amended to read:
"8.60.150 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
Further, the license shall be revoked."
SECTION 90. Section 8.63.140 of the San Bernardino
Municipal Code is amended to read:
"8.63.140 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 91. The first paragraph of Section 8.66.030 of the
San Bernardino Municipal Code is amended to read:
"Application for such permit shall be in writing and shall
be filed with the Director of Public Services a minimum of forty-
eight hours prior to the entry of any building, structure, or
oversize load on any public street, alley or place in the City.
The application for permit shall show the following information:"
SECTION 92. Section 8.66.080 of the San Bernardino
Municipal Code is amended to read:
'~.66.080 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
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Section 1.12.010 of this Code."
SECTION 93. The first paragraph of Section 8.75.020 of the
San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to install an auxiliary fire
alarm system or to convert a private fire alarm system to an
auxiliary fire alarm system, or to connect an auxiliary system to
the municipal fire alarm system by the use of a master fire alarm
box without first completing the following procedures:"
SECTION 94. Section 8.75.080 of the San Bernardino
Municipal Code is amended to read:
'~.75.080 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 95. Section 8.78.010 of the San Bernardino Muncipal
Code is amended to read:
"8.78.010 Automatic dialing into City line prohibited.
It is unlawful for any person to install, use or cause to be
used any telephonic device which is activated electronically to
automatically dial a public telephone line of the City."
SECTION 96. The first paragraph of Section 8.78.030 of the
San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to install, use or cause to
be used any telephonic device which is activated electronically
to automatically dial a telephone within the City without first
obtaining a permit from the Chief of Police or Fire Chief to
install and use such telephonic device. The fee for such permit
is the sum of five dollars. The Chief of Police shall review all
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requests for telephonic burglar alarms, and the Fire Chief shall
review all requests for telephonic fire alarms. Before a permit
may be issued, the following requirements shall first be complied
with:"
SECTION 97. Section 8.81.070 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to install or cause to be
installed, use, maintain or possess an alarm system on premises'
owned or in the possession or control of such person, within the
City unless an alarm system permit for the system is first
obtained from the Chief of Police of the City in accordance with
this section, and remains valid and in effect. The alarm user
shall be the applicant. Applications may be transmitted to the
Chief of Police by an alarm agent or an alarm business. The
application for an alarm system permit shall be submitted on a
form as prescribed by the Chief of Police and shall include the
address of the premises wherein the system is to be located and
the name, address and telephone number of the applicant and the
person who will render service or repairs during any hour of the
day or night, and the type or types of systems to be utilized.
The application shall be accompanied by a nonrefundable fee of
twenty dollars."
SECTION 98. Section 8.81.140 of the San Bernardino
Municipal Code is amended to read:
"8.81.140 Telephone device prohibited.
It is unlawful for any person to use or cause to be used any
telephone device or telephone attachment that automatically
selects a public telephone trunk line to the City Police
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Department or Communications Center and then reproduces any pre-
recorded message to report any burglary or other emergency."
SECTION 99. Section 8.81.160 of the San Bernardino
Municipal Code is amended to read:
"8.81.160 Enforcement.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code. Revocation of a permit is not a
defense against prosecution.
The conviction or punishment of any person for violation of
the provisions of this chapter or for failing to secure a permit
as required by this chapter shall not relieve such person from
paying the permit fee due and unpaid at the time of such
conviction, nor shall payment of any permit fee prevent criminal
prosecution for violation of any of the provisions of this
chapter. All remedies shall be cumulative and the use of one or
more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this
chapter. The amount of any permit fee, monitoring fee or other
charge provided for in this chapter is deemed a debt to the City.
An action may be commenced in the name of the City in any court
of competent jurisdiction for the amount of any delinquent fee or
charge. All fees and charges become delinquent thirty days after
they are due and payable."
SECTION 100. Section 8.84.020 of the San Bernardino
Municipal Code is amended to read:
"8.84.020 Failure to remove an infraction.
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It is unlawful for any person to knowingly fail, refuse or
neglect to destroy and remove such castor bean (Ricinus communis)
plant when so ordered by the Health Officer in the manner
specified in Section 8.84.010. Such failure, refusal, or neglect
constitutes an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 101. Section 8.87.020 of the San Bernardino
Municipal Code is amended to read:
"8.87.020 Compliance with Section 8.87.010 - Violation and
penalty.
It is the duty of the Director of Public Services of the
City of San Bernardino to see that the provisions of Section
8.87.010 are complied with, and he or she shall notify all
persons or companies who own, operate or have any such railroads
or street car lines within the corporate limits of the City, and
where tracks or rails are not kept even and flush with the
surface of the pavement or street along the line of such tracks,
to place the same in such condition within thirty days from such
notice and every person who suffers or maintains any track or
road bed, had or used for the purpose of operating such roads, or
suffers or permits any rails, ties, track or road bed, whether
used or not, to be and remain above or below the surface of any
such pavement or street, so as to prevent the full use and
enjoymen~ thereof, after said time, is guilty of an infraction,
I which upon conviction thereof is punishable in accordance with
I the provisions of Section 1.12.010 of this Code."
SECTION 102. Section 8.87.060 of the San Bernardino
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Municipal Code is amended to read:
"8.87.060 Violation of Sections 8.87.030 through 8.87.060 -
Pena 1 ty .
Any person, firm or corporation violating any provision of
Sections 8.87.030 through 8.87.050 is guilty of an infraction,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code."
SECTION 103. Section 9.04.010 of the San Bernardino
Municipal Code is amended to read:
"9.04.010 Unlawful use of official indicia.
It is unlawful for any officer or employee of the City to
knowingly or wilfully use, or cause the use of, a copy or replica
of the official seal of the City, the original or a copy or
replica of the letterhead on City stationery, or any other
official indicia of the City or local City public office for any
private or personal purpose."
SECTION 104. Section 9.04.030 of the San Bernardino
Municipal Code is amended to read:
"9.04.030 Violation - Penalty.
Any person who violates any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 105. Section 9.08.030 of the San Bernardino
Municipal Code is amended to read:
"9.08.030 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
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accordance with the provisions of Section 1.12.010 of this Code."
SECTION 106. Section 9.12.010 of the San Bernardino
Municipal Code is amended to read:
"9.12.010 Interference with City business an infraction.
Every person, except officers or employees of any
governmental agency on official business, who comes upon any
municipal ground or into any municipal building, facility or
institution, whether owned or leased by the City, and there
wilfully interferes with the good order, lawful conduct or,
administration of any municipal program or activity of the City,
with the intent to disrupt, obstruct or to inflict damage to
property or bodily injury upon any person, is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 107. Section 9.12.020 of the San Bernardino
Municipal Code is amended to read:
'~.12.020 Insulting or abusing City officers in presence of
minor an infraction.
Any person, except any officer or employee of a governmental
agency on official business, who insults or abuses any officer or
employee of the City in the presence of minors engaged or
enrolled in any City program or activity with the intent to
disrupt or obstruct such program or activity and at a place which
is on City premises or public sidewalks, streets or place in
connection with assigned City programs or activities, is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 108. Section 9.12.030 Subsection B of the San
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Bernardino Municipal Code is amended to read:
"B. Any such person having been so notified and directed
who fails to do so or who wilfully and knowingly reenters such
building or facility within seventy-two hours after being
directed to leave is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code."
SECTION 109. Section 9.12.040 Subsection A of the San
Bernardino Mu~icipal Code is amended to read:
"A. Any person, other than an authorized public officer or
employee acting within the scope and course of his or her
employment, who enters or remains in any municipal public
building, including City Hall, 300 North "D" Street, San
Bernardino, California, without the implied or express consent of
the City during hours when the building is closed to the public,
is guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 110. Section 9.16.010 of the San Bernardino
Municipal Code is amended to read:
"9.16.010 Prohibited acts.
It is unlawful for any person to wilfully make to any police
officer of the Police Department of the City any false,
misleading or unfounded oral or written statement or report,
knowing such statement or report to be false, misleading or
I unfounded, for the purpose of interfering with the operation of
the Police Department or with the intention of misleading such
police officer in the performance of his or her duties; provided,
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however, that this section is not applicable to a false report
that a felony or misdemeanor has been committed, as covered by
the provisions of Penal Code Section 148.5."
SECTION Ill. Section 9.16.020 of the San Bernardino
Municipal Code is amended to read:
"9.16.020 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 112. Section 9.28.040 of the San Bernardino
Municipal Code is amended to read:
"9.28.040 Violation - Penalty.
Any person or persons violating any provision of this
chapter is guilty of an infraction, which upon conviction thereof
is punishable in accordance with the provisions of Section
1.12.010 of this Code."
SECTION 113. Section 9.32.060 of the San Bernardino
Municipal Code is amended to read:
"9.32.060 Violation - Penalty.
Any person or persons violating any provision of this
chapter is guilty of an infraction, which upon conviction thereof
is punishable in accordance with the provisions of Section
1.12.010 of this Code."
SECTION 114. Section 9.44.030 of the San Bernardino
Municipal Code is amended to read:
"9.44.030 Violation - Penalty.
Any person violating any provision of this chapter is guilty I
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of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 115. Section 9.52.070 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person, other than a public
officer or employee acting within the course and scope of his or
her employment, to enter or remain upon any motor vehicle parking
lot, motor vehicle parking structure or facility, drive-in
property, shopping center property or any other place or property
open to the public, without the implied or express consent of the
owner, his or her agent or person in lawful possession thereof,
or with the knowledge that such consent has been withdrawn."
SECTION 116. Section 9.52.080 is added to the San
Bernardino Municipal Code to read:
"9.52.080 Violation - Penalty.
Any person who violates any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 117. Section 9.56.010 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to drive a motorcycle or
a motor driven vehicle or any other motor vehicle on any lands
under cultivation or enclosed by a fence, belonging to, or
occupied by another, or to drive such motor vehicle on any
uncultivated or unenclosed land where signs forbidding trespass
are displayed at intervals not greater than one-third of a mile
along all exterior boundaries and along all roads and trails
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entering such lands, without having and, upon request of a peace
officer, displaying written permission from the owner of such
lands, or his or her agent, or the person in lawful possession
thereof; provided, however, that this section does not apply to
persons having visible or lawful business with the owner, agent
or person in lawful possession. Such signs forbidding trespass
may be of any size and wording which will fairly advise persons
that the use of the land is so restricted."
SECTION 118. Section 9.64.030 of the San Bernardino
Municipal Code is amended to read:
"9.64.030 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter, or doing any act declared to be unlawful in this
chapter, is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 119. Section 9.68.020 of the San Bernardino
Municipal Code is amended to read:
"9.68.020 Violation - Penalty.
Any person who violates any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 120. Section 9.80.060 of the San Bernardino
Municipal Code is amended to read:
"9.80.060 Violation - Penalty.
Any person violating any provision of this chapter is guilty
lof an infraction, which upon conviction thereof is punishable in
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accordance with the provisions of Section 1.12.010 of the Code."
SECTION 121. Section 10.12.040 of the San Bernardino
Municipal Code is amended to read:
"lD.12.040 Signaling devices.
It is unlawful for the operator of any vehicle to make a
right turn in violation of or against a red or stop signal at any
intersection in the City when a sign is erected at such
intersection prohibiting any such right turn against a red or
stop signal. The Mayor and Common Council shall by resolution
designate such intersections, and the Director of Public Services
shall cause signs to be placed and maintained prohibiting any
such right turn as herein provided."
SECTION 122. Section 10.16.020 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. It is unlawful for any person to stop, stand or park a
vehicle upon any street, alley, or portion thereof, or other
property owned, leased, operated or controlled by the City:
1. Within fifty feet of the nearest rail of a railroad
crossing;
2. Within twenty feet of a crosswalk except that a bus may
stop at a designated bus stop;
3. Within thirty feet of the approach to any traffic
signal, stop sign, or flashing beacon; or
4. At any place where the City Engineer determines that it
is necessary in order to eliminate dangerous traffic hazards,
such location not to exceed fifty feet in length."
SECTION 123. Section 10.16.080 Subsection B of the San
Bernardino Municipal Code is amended to read:
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"B. It is unlawful for any person to stop, stand or park a
vehicle other than a bus in a bus stop when any such stop has
been officially designated and appropriately signed, except that
the driver of a passenger vehicle may temporarily stop therein
for the purpose of and while actually engaged in loading or
unloading passengers when such stopping does not interfere with
any bus waiting to enter or about to enter such zones."
SECTION 124. Section 10.16.100 of the San Bernardino
Municipal Code is amended to read:
"10.16.100 Unlawful parking for certain purposes.
It is unlawful for the operator of any vehicle to stand or
park such vehicle upon any roadway for the principal purpose of:
A. Washing, greasing or repairing such vehicle except
repairs necessitated by an emergency;
B. Within the business district from which vehicle
merchandise is being sold."
SECTION 125. Section 10.16.140 Subsection A of the San
Bernardino Municipal Code is amended to read:
'~. It is unlawful for any person having charge or control
of a motor vehicle to allow such vehicle to stand upon any
II street, alley or parking lot upon which there is no attendant,
Ilwhen such motor vehicle is unattended, without first locking the
~ignition of the vehicle and removing the ignition key from such
Ilvehicle."
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SECTION 126.
Section 10.24.050 of the San Bernardino
IMunicipal Code is
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amended to read:
"10.24.050
Crossing fire hose.
It is unlawful for any person to drive any vehicle over any
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unprotected hose of the Fire Department when laid down on any
street, private driveway or street car track, to be used at any
fire or alarm of fire, without the consent of the Fire
Department."
SECTION 127. Section 10.24.120 of the San Bernardino
Municipal Code is amended to read:
"10.24.120 Reckless driving of animals.
It is unlawful for any person to carelessly or recklessly
ride or drive any horse or other animal upon any of the public
streets or alleys of the City so as to endanger life or
property."
SECTION 128. Section 10.24.140 of the San Bernardino
Municipal Code is amended to read:
"10.24.140 Permits for parades and processions.
It is unlawful for any person or organization to permit,
direct or allow any procession or parade to occupy, march
or proceed along any street except in accordance with a permit
issued by the Chief of Police, or his or her representative, and
such other regulations as are set forth in this article which may
apply, except funeral processions, the military forces of the
United States, the military forces of this state and the forces
of the Police and Fire Departments of the City."
SECTION 129. Section 10.24.150 of the San Bernardino
Municipal Code is amended to read:
"10.24.150 Limitations on backing.
It is unlawful for the driver of a vehicle to back the same
into an intersection or over a crosswalk, or in any event or at
any place to back a vehicle unless such movement can be made in
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safety."
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SECTION 130. Section 10.24.160 of the San Bernardino
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Municipal Code is amended to read:
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"10.24.160 Cling ing to moving vehicle.
5 It is unlawful for any person riding upon a bicycle,
6 motorcycle, coaster, sled, roller skates, or any toy vehicle to
7 attach the same or himself or herself to any street car or moving
8 vehic Ie upon any roadway."
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SECTION 131. Section 10.24.180 of the San Bernardino
10 Municipal Code is amended to read:
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"10.24.180 Speed limit on public grounds.
12 It is unlawful for any person to drive or operate a motor
13 vehicle on any roadway, road, alley or way, or upon the grounds
14 of a public park, playground or public school or of a county or
15 municipal institution or building, or of an educational
16 institution or building, at a speed in excess of fifteen miles
17 per hour."
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SECTION 132. Section 10.24.200 Subsections B, C, D and E of
19 the San Bernardino Municipal Code are amended to read:
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"B. It is unlawful in any municipal parking facility for
21 any person to park or leave standing any vehicle, whether
22 attended or unattended, in any driveway, aisle, walk or area
23 other than entirely within a designated parking space or in any
24 location or position across any line or marking designating a
25 parking space.
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C. It is unlawful in any municipal parking facility for any
27 person to drive a vehicle upon any driveway, aisle, walk or area
28 in a direction contrary to the direction of travel indicated by
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arrows or marking painted or placed thereon.
D. It is unlawful in any municipal parking facility for any
person to drive a vehicle at a speed greater than is reasonable
and prudent having due regard for the weather, visibility, the
traffic on and the surface and width of the driveway or aisle or
in any event to drive the vehicle at a speed which endangers the
safety of persons or property.
E. It is unlawful in any municipal parking facility for any
person to drive a vehicle at a speed greater than ten miles per
hour."
SECTION 133. The title to Chapter 10.32 of the San
Bernardino Municipal Code is amended to read:
"Chapter 10.32
BUSES AND RAILROAD TRAINS"
SECTION 134. Section 10.32.010 of the San Bernardino
Municipal Code is amended to read:
"10.32.010 Boarding or alighting from buses.
It is unlawful for any person to board or alight from any
bus while such bus is in motion."
SECTION 135. Section 10.32.020 of the San Bernardino
Municipal Code is amended to read:
"10.32.020 Unlawful riding.
It is unlawful for any person to ride on any bus upon any
portion thereof not designed or intended~or the use of
passengers. This provision shall not apply to any employee
I engaged in the necessary discharge of a duty."
SECTION 136. Section 10.32.060 of the San Bernardino
Municipal Code is amended to read:
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"10.32.060 Railway gates.
It is unlawful for any person to drive any vehicle through
or under any safety gate or railroad barrier which is maintained
at a railroad crossing for the purpose of warning persons of the
approach of a train or car, while such gate or barrier is closed
or while it is being opened or closed."
SECTION 137. Chapter 10.38 is added to the San Bernardino
Municipal Code to read:
"Chapter 10.38
DRIVE-IN ESTABLISHMENTS
10.38.010 Definitions.
For the purpose of this chapter, 'drive-in establishment',
hereinafter referred to as 'driv~-in', is defined as follows: a
drive-in is a place of business wherein beverages, foods or
refreshments are served to patrons for consumption on the
premises at tables or stands in open or unenclosed areas, or in
any vehicle stopped, standing or parked in or upon the premises
of the drive-in, or in or upon any street, alley, land, parking
area or grounds immediately adjacent to such premises, or
adjacent to or adjoining any street or public right-of-way
abutting such premises.
10.38.020 Posting of rules and regulations.
Persons owning, operating, managing or conducting a drive-in
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il shall place in conspicuous places at the drive-in at least four
signs on which are written in legible English, in letters at
least two inches in height on contrasting background, words or
phrases requesting patrons to refrain from any conduct and act
prohibited by this chapter and by other rules and regulations
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desired by the drive-in.
10.38.030 Designation and marking of parking spaces.
Persons owning, operating, managing or conducting a drive-in
shall place at suitable locations on the premises appropriate
traffic-control devices and signs, and markings on the pavement,
as approved by the City, directing traffic entering and leaving
the establishment, and shall designate and mark parking spaces
for the parking of vehicles of patrons on the premises.
10.38.040 Operation of vehicles - Compliance with traffic-
control devices or markings.
It is unlawful for any person entering or leaving a drive-in
to operate, stop, stand or park a vehicle operated by him or her
on any street or right-of-way, in a manner contrary to any
official traffic control device, sign or marking erected,
installed or maintained, on a temporary or permanent basis, by
the City pursuant to law.
10.38.050 Violation - Penalty.
Any person violating any of the provisions of this chapter
is gulity of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 138. Section 10.44.010 of the San Bernardino
Municipal Code is amended to read:
"10.44.010 Violation - Penalty.
Any person violating any provision of Title 10, Article I of
this Code or any rule or regulation made by the Common Council by
resolution or by the City Engineer or Director of Public Services
pursuant thereto is guilty of an infraction, which upon
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conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code."
SECTION 139. Section 10.48.020 of the San Bernardino
Municipal Code is amended to read:
"10.48.020 License - Required.
It is unlawful for any person to operate any bicycle on any
street, highway or other public property within the jurisdiction
of this City unless such bicycle is licensed in accordance with
the provisions of this chapter."
SECTION 140. Section 10.48.100 of the San Bernardino
Municipal Code is amended to read:
"10.48.100 Violation an infraction.
Every person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 141. Section 10.56.010 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to operate on public or
private property other than public streets or highways a
motorcycle, motor-driven cycle, or any other motor vehicle at any
time or under any condition of grade, load, acceleration or
I deceleration in such a manner as to exceed the noise limits
I' established in Section 23130 of the Vehicle Code for such
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motorcycle, motor-driven cycle or other motor vehicle based on a
distance of fifty feet from the path of travel within the speed
I limits specified in Section 23130."
SECTION 142. Section 12.04.040 of the San Bernardino
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Municipal Code is amended to read:
"12.04.040 All work to be begun and completed diligently.
It is unlawful for any person owning, maintaining, or
controlling any property located in or under any public street,
or public place in this City to neglect, fail, or refuse to begin
the work of moving, relocating, or disconnecting such property
within sixty days after the giving of such written notice by the
City to do so as provided in Sections 12.04.020, 12.04.030 and
this section, or to fail or refuse to prosecute such moving,
relocating or disconnecting diligently to completion. The City
shall have the power to move, relocate or temporarily disconnect
any property located in or under any public street, or public
place in this City owned, maintained, or controlled by any
person, in the event such person neglects, fails, or refuses,
within sixty days after the giving of notice, as aforesaid, to
begin the work of moving, relocating, or disconnecting the same,
or fails to prosecute such work diligently to completion. The
costs necessarily incurred in doing the work by the City may be
recovered by the City from the person owning, maintaining,
operating, or controlling the property."
SECTION 143. Section 12.04.070 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. It is unlawful to remove material from any street in
such manner as to render such street impassable or dangerous to
public travel."
SECTION 144. Section 12.04.070 Subsection C of the San
Bernardino Municipal Code is amended to read:
"C. It is unlawful for any person to make excavation in or
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under the surface of any street, or sidewalk, for the
installation, repair, or removal of any pipe, conduit, duct, or
tunnel, or for any other purpose except the installation of poles
and anchor serving overhead lines without first:
1. Making and filing a written application with the
Director of Public Services a minimum of twenty-four hours prior
to starting any excavation, except any person, or firm holding a
public utility franchise in the City may, for emergency purposes
only, make and file a written application during the next
business day following the making of such emergency cut or
excavation;
2. Receiving a written permit from the Director of Public
Services;
3. Making a deposit to cover the cost of installation
including:
a. Inspection;
b. Restoring the street or sidewalk to its original
condition;
c. Incidental expenses in connection therewith, as
hereinafter provided for."
SECTION 145. Section 12.04.070 Subsection F of the San
Bernardino Municipal Code is amended to read:
"F. It is unlawful for any person to make any excavation,
install or maintain any tank, pipe, conduit, duct, or tunnel, in
or under the surface of any street, or sidewalk, at any location
II other than that described in the application, and shown on the
II plats filed by such person as required in Subsection D of this
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section. Any deviation in location necessitated by actual field
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conditions shall be corrected on final plats required by Section
12.04.200."
SECTION 146. Section 12.04.180 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to make any excavations
in any street or sidewalk without maintaining safe crossings for
vehicle traffic at all street intersections, alleys, and private
driveways, and safe crossing for pedestrians at intervals of not
more than three hundred feet."
SECTION 147. Section 12.04.210 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to open or remove the
cover of any manhole, vault, or structure in any City street,
alley, sidewalk, or public place, or to allow any manhole to
remain open in or upon any City street, alley, sidewalk, or
public place, without first placing, and at all times
maintaining, immediately adjacent to the openings of any manhole,
and while such manhole remains open, at least two red flags, or
two danger signs, between one-half hour before sunrise and one-
half hour after sundown, and at least two red lights between one-
half hour after sundown and one-half hour before sunrise. All
flags, lights, and danger signs shall conform to the requirements
outlined in the current, and hereafter amended 'Manual of Warning
Signs, Lights, and Devices for Use in Performance of Work Upon
Highways' of the Department of Public Works of the State of
California. II
SECTION 148. Section 12.04.220 of the San Bernardino
Municipal Code is amended to read:
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"12.04.220 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
In addition to any other remedies in this chapter, the
enforcement of the penal provisions shall not constitute a bar to
the exercise by this City of all other powers conferred upon it
by this chapter; and the exercise by the City of the powers
herein conferred upon it by this chapter does not constitute a
bar to criminal prosecution for the violation of the penal
provisions of this chapter."
SECTION 149. Section 12.08.010 of the San Bernardino
Municipal Code is amended to read:
"12.08.010 Permission in writing required.
It is unlawful for any person, firm or corporation to
encroach upon, obstruct or close any public street, alley, court
or any portion thereof within the City, for any purpose, without
first obtaining permission in writing to do so from the Director
of Public Services."
SECTION 150. Section 12.08.110 of the San Bernardino
Municipal Code is amended to read:
"12.08.ll0 Violation - Penalty.
I Any person violating any provision of this chapter is guilty
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I'of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
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I Municipal Code is amended to read:
, "12.12.050 Violation - Penalty.
SECTION 151.
Section 12.12.050 of the San Bernardino
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1 Any person, firm or corporation who violates any provision
2 of this chapter, or fails to comply with the conditions of this
3 chapter, is guilty of an infraction, which upon conviction
4 thereof is punishable in accordance with the provisions of
5 Section 1.12.010 of this Code. II
6 SECTION 152. Section 12.28.060 of the San Bernardino
7 Municipal Code is amended to read:
8 "12.28.060 Permit required.
9 It is unlawful for any person, firm or corporation to grade,
10 prepare, subgrade, pave, lay sewer or drain pipe, construct
11 curbs, gutters, driveways, sidewalks, manholes, catch basins,
12 retaining walls, traffic signals, street lighting systems, or
13 similar structures in any street, alley or way, which street,
14 alley or way is dedicated or proposed to be dedicated for public
15 use, within the City, without first obtaining a written permit
16 from the City to do so. No such permit shall be issued for use
17 of quarry tile or ceramic tile for such improvements, but
18 permission may be granted for use of patterned concrete in such
19 sidewalks, street medians and parkways. The Director of Public
20 Works/City Engineer may establish a standard color for patterned
21 concrete to be placed in sidewalks, street medians and parkways
22 on public developments, but the developer shall have the right to
23 choose the color if the improvements are being made by a private
24 developer. II
25 SECTION 153. Section 12.28.100 Subsection A of the San
26 Bernardino Municipal Code is amended to read:
27 "A. It is unlawful for any person, firm or corporation
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remove all unused materials and debris within three days after
completion of the work."
SECTION 154. Section 12.28.110 Subsection B of the San
Bernardino Municipal Code is amended to read:
liB. Criminal Penalties: Any person, firm or corporation
violating any provision of Sections 12.28.060 through 12.28.100
is guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 155. Section 12.32.040 of the San Bernardino
Municipal Code is amended to read:
"12.32.040 Violation of Sections 12.32.010 through
12.32.030 - Penalty.
Any person, firm or corporation who violates any provision
of Sections 12.32.010 through 12.32.030, or who refuses or
neglects to comply with the notice required to be given within
five days after receiving such notice, is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 156. Section 12.32.070 of the San Bernardino
Municipal Code is amended to read:
"12.32.070 Violation of Sections 12.32.050 through
12.32.060.
Any person, firm or corporation violating any provision of
Sections 12.32.050 through 12.32.060 is guilty of an infraction,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code. II
SECTION 157. Section 12.36.040 of the San Bernardino
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Municipal Code is amended to read:
"12.36.040 Violation of Section 12.36.030 - Penalty.
Any person, firm or corporation violating any provision of
Section 12.36.030 is guilty of an infraction, which upon
conviction thereof is punishable in accordance with Section
1.12.010 of this Code. II
SECTION 158. Section 12.40.110 of the San Bernardino
Municipal Code is amended to read:
"12.40.ll0 Unlawful acts.
It is unlawful for any person to carve or injure the bark of
any tree, shrub, palm or bush that is planted or grown on any of
the public streets, sidewalks, parkways, lanes, alleys, parks, or
other public places in the City. It is unlawful for any person
to attach any rope, wire or other contrivance to the tree, shrub,
palm or plant; to cause or permit anyone to dig in or otherwise
disturb grass areas in public places, or in any other way injure
or impair the natural beauty or usefulness of any public area; to
cause or permit any wire charged with electricity to come in
contact with the tree, shrub, palm or plant; to allow any
gaseous, liquid or solid substance which is harmful to the tree,
shrub, palm or plant to come in contact therewith."
SECTION 159. Section 12.40.140 of the San Bernardino
Municipal Code is amended to read:
"12.40.140 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 160. Section 12.44.030 Subsections Band C of the
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San Bernardino Municipal Code are amended to read:
liB. It is unlawful for any person to wilfully and
maliciously stand or sit in, obstruct or occupy any public
street, sidewalk or crosswalk, or sit, stand in, obstruct or
occupy any public stairway, escalator, elevator, passageway, or
sidewalk in or immediately surrounding a public mall or building
owned, operated or maintained by the City, or stand, sit in,
occupy or obstruct the entrance or exit to and from any public
hall, meeting place and public building within the boundaries of
the City, so as in any manner to obstruct the free passage
thereon or to hinder, molest or annoy any person while passing
along the same.
C. Any person who violates any provision of this section is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 161. Section 12.44.040 of the San Bernardino
Municipal Code is amended to read:
"12.44.040 Draining water on streets unlawful - Penalty.
It is unlawful for any person to drain water or to permit
water to be drained or to cause or permit water, except
rainwater, to flow or escape from his or her lands onto any
public street, alley, way, highway, park or other public place by
any means which results in damage to the street, alley, way,
highway, park or other public place, or which causes interference
with or damage or hazard to public travel or use. It is unlawful
to place or cause to be placed in any street, alley, way,
! highway, park, or other public place any obstruction which causes
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interference with, or damage or hazard to public travel or use.
Any person who violates any provision of this section is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code. II
SECTION 162. Section 12.44.080 of the San Bernardino
Municipal Code is amended to read:
"12.44.080 Violation of Sections 12.44.040 through
12.44.070 - Penalty.
Any person violating any provision of Sections 12.44.040
through 12.44.070 is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code."
SECTION 163. Section 12.44.120 of the San Bernardino
Municipal Code is amended to read:
"12.44.120 Violation of Sections 12.44.090 through
12.44.110 - Penalty.
Any person violating any provision of Sections 12.44.090
through 12.44.110 is guilty of an infraction, which upon
conviction thereof is punishable in accordance with Section
1.12.010 of this Code."
SECTION 164. Section 12.48.010 Subsection B of the San
Bernardino Municipal Code is amended to read:
liB. Any person violating Subsection A is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of thi s Code. II
SECTION 165. Section 12.48.050 of the San Bernardino
Municipal Code is amended to read:
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"12.48.050 Violation of Sections 12.48.020 through
12.48.040 - Penalty.
Any person violating any provision of Section 12.48.020
through 12.48.040 is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code. II
'SECTION 166. Section 12.52.040 of the San Bernardino
Municipal Code is amended to read:
"12.52.040 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 167. Section 12.56.040 of the San Bernardino
Municipal Code is amended to read:
"12.56.040 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 168. Section 12.60.020 of the San Bernardino
Municipal Code is amended to read:
"12.60.020 Violation - Penalty.
Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 169. Section 12.68.010 of the San Bernardino
Municipal Code is amended to read:
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"12.68.010 Operation of vehicles in designated areas only.
It is unlawful for any person to operate, drive or ride a
bicycle, unicycle, tricycle, motorcycle, horse or any other
animal in any public park or on school grounds except in areas
designated and posted specifically for such use. II
SECTION 170. Section 12.68.020 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. It is unlawful for any person to be or remain in any
public park between the hours of ten p.m. of any day to six a.m.
of the next succeeding day except upon written approval of the
Director of Parks, Recreation and Community Services or the Mayor
and Common Counc i 1 . II
SECTION 171. Section 12.68.020 Subsection C of the San
Bernardino Municipal Code is amended to read:
"C. The Chief of Police, or his or her designee, shall be
authorized to close any City park whenever, in his or her best
judgment, it is necessary for the health, safety and welfare of
the community. It is unlawful for any person to be or remain in
any public park after having been informed that such park has
been closed by order of the Chief of Police or his or her
designee."
SECTION 172. Section 12.68.030 of the San Bernardino
Municipal Code is amended to read:
"12.68.030 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of a misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 173. Section 12.72.050 of the San Bernardino
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Municipal Code is amended to read:
"12.72.050 Violation - Penalty.
"Any person, firm or corporation violating any provision of
this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 174. Section 12.76.050 of the San Bernardino
Municipal Code is amended to read:
"12.76.050 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of a misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 175. Section 12.80.040 of the San Bernardino
Municipal Code is amended to read:
"12.80.040 Permit - Required when group exceeds twenty-five
persons.
It is unlawful for any group of persons, firm or
corporation, society or organization which anticipates an
attendance of more than twenty-five persons to conduct any
picnic, celebration, parade, service or exercise in any public
park or building or use any park facility, without first
obtaining a written permit from the Director as provided for in
this chapter."
SECTION 176. Section 12.80.050 of the San Bernardino
Municipal Code is amended to read:
"12.80.050 Park and recreation sponsored classes - Permit
required.
It is unlawful for any person, firm, corporation, society or
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organization to hold classes, courses of instruction or any
activity where a fe or any form of compensation is charged or
anything of value is obtained in a park or building, except in
accordance with a written permit issued by the Director for such
classes, courses of instruction or activity sponsored by or
approved by the Department of Parks and Recreation pursuant to
the provisions of this chapter."
SECTION 177. Section 12.80.120 of the San Bernardino
Municipal Code is amended to read:
"12.80.120 Displays and sales for profit.
It is unlawful for any person to sell or offer for sale any
merchandise, article or thing of any kind or nature whatsoever
unless such person possesses the written consent of the
Director. II
SECTION 178. The first paragraph of Section 12.80.130 of
the San Bernardino Municipal Code is amended to read:
"Within the limits of any public park or playground in or
upon any facility or building located therein and owned or
controlled by the City, it is unlawful for any person to:"
SECTION 179. Section 12.80.140 of the San Bernardino
Municipal Code is amended to read:
"12.80.140 Violation - Penalty.
Any person, firm or corporation violating or causing the
violation of any provision of this chapter is guilty of a
misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 180. Section 12.88.010 of the San Bernardino
Municipal Code is amended to read:
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"12.88.010 Definition - Activity restricted except in
certain places.
It is unlawful for any person to engage in the activity of
hang gliding in or over any place within the City limits except
in those places recommended by the Director of Parks, Recreation
and Community Services and approved by the Mayor and Common
Council. As used in this chapter, 'hang gliding' means any
activity whereby any person or persons glide, float or sail
through the air in or on a hang glider. A 'hang glider' means a
glider, kite, hot air balloon, device or contrivance so
constructed that it will carry a person on wind, air or human
power. II
SECTION 181. Section 12.88.020 of the San Bernardino
Muncipal Code is amended to read:
"12.88.020 Violation - Penalty.
Any person, firm or corporation violating or causing the
violation of any provision of this chapter is guilty of an
infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 182. Section 13.08.110 of the San Bernardino
Municipal Code is amended to read:
"13.08.ll0 Violation - Penalty.
I Any person, firm or corporation violating any provision of
I .
thIS chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 183. Section 13.12.010 of the San Bernardino
Municipal Code is amended to read:
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"13.12.010 Compliance with chapter and other laws.
It is unlawful for any person to install, maintain or allow
to exist, or to fail, neglect or refuse to comply with a notice
requiring the correction of any cross-connection, which is not in
compliance with the provisions of this chapter, the Uniform
Plumbing Code, latest adopted edition, the California
Administrative Code, and other laws relating to cross-connections
and backflow prevention devices. A finding by the Water
Department of the City or the County Health Officer that a cross-
connection does or may contaminate water for drinking or domestic
purposes shall be prima facie evidence of a violation of this
chapter. II
SECTION 184. Section 13.12.020 of the San Bernardino
Municipal Code is amended to read:
"13.12.020 Test and report of check valves, pressure vacuum
breakers or backflow prevention devices.
It is unlawful for any person to fail, refuse or neglect to
test and report to the Water Department or health officer on the
condition of all check valves, double-check valves, pressure
vacuum breakers or backflow prevention devices installed to
prevent contamination or pollution of drinking water systems.
Such tests, maintenance and reports shall be as required by rules
adopted by the Water Commissioners and by Section 13.12.010 of
this Code. II
SECTION 185. Section 13.12.040 of the San Bernardino
Municipal Code is amended to read:
"13.12.040 Violation - Penalty.
Any person, firm or corporation violating any provision of
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this chapter is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 186. Section 13.16.050 of the San Bernardino
Municipal Code is amended to read:
"13.16.050 Violation - Penalty.
Any person violating any provision of this chapter is guilty
of an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code."
SECTION 187. Section 13.20.420 of the San Bernardino
Municipal Code is amended to read:
"13 .20.420 Wasteful or defective wells - Repair -
Violation.
Whenever the General Manager determines that any well within
the City is, by the nature of its construction, installation, or
operation, causing wasteful use of thermal ground water or
geothermal fluids, or is adversely interferring with other wells,
or is polluting ground water or surface water, the General
Manager shall promptly notify the affected owner, by certified
mail, of the wasteful or defective well, and require said owner
to repair or adjust the well within sixty days. It is unlawful
~to fail to repair a well or to continue a wasteful or defective
!operation after expiration of the sixty days following
~notification, and violation of this section is an infraction,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code."
SECTION 188. Section 13.20.440 Subsection B of the San
Bernardino Municipal Code is amended to read:
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liB. Violations. Any person violating any provision of this
chapter is guilty of an infraction, which upon conviction thereof
is punishable in accordance with the provisions of Section
1.12.010 of this Code."
SECTION 189. Section 13.24.100 of the San Bernardino
Municipal Code is amended to read:
"13.24.100 Permit - Required.
It is unlawful for any person to furnish or supply water to
a user for domestic purposes from any source of water supply
unless he or she first files a written application to do so with
the Department and receives and possesses a valid permit as
provided in Sections l3.24.ll0 through 13.24.140."
SECTION 190. Section 13.24.150 of the San Bernardino
Municipal Code is amended to read:
"13 .24.150 Modifications to system - Notice required.
It is unlawful for any person to modify, add to, or change
his or her source facilities or distribution system until he or
she notifies the Department, submits information required by the
Department, and receives approval from the Director authorizing
such modifications, additions, or changes."
SECTION 191.
Section 13.24.230 Subsections A and B of the
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!San Bernardino Municipal Code are amended to read:
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IliA. When it is determined by the Department that it is in
ill the public interest, the Department shall notify a person who has
not met the standards of the Department for water quality of such
~noncomPliance, and shall require such person to notify each of
ihis or her customers in writing of the Department's determination
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ithat the quality of the water fails to comply with the standards,
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requirements, or conditions established by the Department and to
include any comments of the Department regarding the possible
dangers because of such noncompliance. The content of such
statement shall be approved by the Department prior to
distribution. Notification by such person shall be repeated at
intervals as required by the Department or until the Department
determines that the quality of the water complies with the
standards or requirements of the Department.
B. Any person who fails to comply with the provisions of
this section is guilty of an infraction, which upon convicton
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 192. Section 13.24.240 of the San Bernardino
Municipal Code is amended to read:
"13.24.240 Permits for wells - Required.
It is unlawful for any person, as principal, agent, or
employee, to dig, drill, bore, reconstruct, or destroy:
A. A well that is or has been used to produce or inject
water;
B. a cathodic protection well;
C. An observation well; or
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lunless he or she first files a written application to do so with
II the Department and receives and possesses a valid permit as
provided in this chapter."
D.
An exploration well
SECTION 193. Section 13.24.280 of the San Bernardino
!MuniciPal Code is amended to read:
I "13.24.280 Licensing and registration of water well
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drillers and contractors.
It is unlawful for any person to engage in an activity
listed in this chapter unless he or she is in compliance with the
provisions of this chapter and has a valid license in accordance
with the California Contractor's State License Law (Chapter 9,
Division 3 of the Business and Professions Code), as appropriate
to the activity to be engaged in. Such a person shall register
with the Department prior to commencing any activity regulated by
this chapter."
SECTION 194. Section 13.24.420 of the San Bernardino
Municipal Code is amended to read:
"13.24.420 Director's right of entry.
It is unlawful for any person to resist or attempt to resist
the entrance of the Director or his or her deputy onto any
premises for the purposes of the performance of his or her duty
or to refuse to obey any lawful order of the Director made in the
performance of his or her duties within the power conferred upon
him or her by law or by this chapter."
SECTION 195. The title to Section 13.24.430 of the San
Bernardino Municipal Code is amended to read:
"13.24.430 Violation - Right of entry - Penalty."
SECTION 196. Section 13.24.430 Subsection C of the San
Bernardino Municipal Code is amended to read:
"C. Every person, firm, association, society or corporation
violating any provision of this chapter or fail ing to comply with
any order the Department issued pursuant to this chapter, or who
procures, aids, or abets in any such violation or failure, is
guilty of an infraction, which upon conviction thereof is
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punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 197. Section 13.32.320 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Any person, firm or corporation violating any provision
of this chapter .is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code."
SECTION 198. Section 13.36.120 of the San Bernardino
Municipal Code is amended to read:
"13.36.120 Violation - Penalty.
It is unlawful for any person to violate any provision or to
fail to comply with any requirement of this chapter. Any person
violating any provision of this chapter or failing to comply with
any of its requirements is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code. II
SECTION 199. Section 14.04.040 of the San Bernardino
Municipal Code is amended to read:
"14.04.040 Violation - Penalty.
I Any person, firm or corporation exercising or attempting to
lexercise any franchise for any of such purposes or laying or
~maintaining any pipes or conduits in or upon any street in the
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~City, for the transmission of gas, water, heat, steam or other
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substance, or erecting any telephone, telegraph or electric light
lor power poles, wires, or system, within the City in violation of
~this chapter is guilty of an infraction, which upon conviction
jithereof is punishable in accordance with the provisions of
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Section 1.12.010 of this Code."
SECTION 200. Section 14.08.750 Subsection A of the San
Bernardino Municipal Code is amended to read:
"A. Any person violating any provision of this chapter is
guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code. II
SECTION 201. Section 15.72.040 Subsection D of the San
Bernardino Municipal Code is amended to read:
liD. It is unlawful for any person to construct, locate,
extend, convert or alter any structure or land without full
compliance with the terms of this chapter and other applicable
regulations. This chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail."
SECTION 202. Chapter 15.74 is added to the San Bernardino
Municipal Code to read:
"CHAPTER 15.74
VIOLATION - PENALTY
15.74.010 Violation - Penalty.
A. Any person, firm or corporation whether as principal,
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agent, employee or otherwise violating or causing the violation
of any provision of this title, or the codes adopted herein, with
the exception of Article 3 of the Uniform Fire Code, is guilty of
an infraction, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
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Any person, firm or corporation whether as principal, agent,
employee or otherwise, violating or causing the violation of any
provision of Article 3 of the Uniform Fire Code is guilty of a
misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of this Code.
B. The imposition of any penalty for any violation of this
title shall not excuse the violation or permit it to be
continued, and all persons shall be required to correct or remedy
all such violations or defects within a reasonable time. The
application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions."
SECTION 203. Section 16.12.150 of the San Bernardino
Municipal Code is amended to read:
"16.12.150 Violation - Pena 1 ty.
Any person violating any of the provisions of this chapter
is guilty of an infraction, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of this Code."
SECTION 204. Section 18.80.010 of the San Bernardino
Municipal Code is amended to read:
"18.80.010 Violation an infraction - Penalty.
Any person who knowingly and wilfully violates any provision
of this title or fails to comply with any mandatory requirement
of this title is guilty of an infraction, which upon conviction
thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code. II
SECTION 205. The first paragraph of Section 19.10.020 of
the San Bernardino Municipal Code is amended to read:
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lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 206. Section 19.12.020 of the San Bernardino
Municipal Code is amended to read:
"19.12.020 Uses permitted.
It is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:
A. All uses permitted in the R-2 district;
B. Courts and apartment buildings subject to area per
dwelling unit provisions. II
SECTION 207. The first paragraph of Section 19.14.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 208. Section 19.16.240 of the San Bernardino
Municipal Code is amended by adding a first paragraph to read:
"19.16.240 Unlawful acts and uses.
It is unlawful for any person to violate any of the
following:"
SECTION 209. The first paragraph of Section 19.20.020 of
the San Bernardino Municipal Code is amended to read:
"It is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes: II
SECTION 210. The first paragraph of Section 19.22.020 of
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the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 211. The first paragraph of Section 19.24.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 212. The first paragraph of Section 19.26.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 213. The first paragraph of Section 19.28.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 214. The first paragraph of Section 19.32.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 215. The first paragraph of Section 19.34.020 of
the San Bernardino Munic,ipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
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except for the following purposes:"
SECTION 216. The first paragraph of Section 19.36.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or, land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 217. The first paragraph of Section 19.40.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes: II
SECTION 218. The first paragraph of Section 19.40.030 of
the San Bernardino Municipal Code is amended to read:
liThe following uses are unlawful in all zones in the City: II
SECTION 219. The first paragraph of Section 19.42.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes:"
SECTION 220. The first paragraph of Section 19.44.020 of
the San Bernardino Municipal Code is amended to read:
lilt is unlawful for any person to use a building or land, or
to erect, structurally alter, enlarge or maintain a building
except for the following purposes: II
SECTION 221. Section 19.46.030 of the San Bernardino
Municipal Code is amended to read:
"19.46.030 Prohibition.
It is unlawful to cause or permit the establishment or
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substantial enlargement of an adult arcade, adult bookstore,
adult cabaret, adult motel, adult motion picture theater, adult
theater, massage parlor or sexual encounter establishment within
two thousand feet of another such business or within one thousand
feet of any religious institution, school or public park within
the City or within one thousand feet of any property zoned for
residential use or used for residential purposes."
SECTION 222. Section 19.60.040 of the San Bernardino
Municipal Code is amended to read:
"19.60.040 Prohibition.
It is unlawful for any person except a public officer or
employee in the performance of a public duty to attach a sign to
any public property except as may be required by ordinance or
law. II
SECTION 223. The first paragraph of Section 19.60.130 of
the San Bernardino Municipal Code is amended to read:
liThe following signs are unlawful in the City of San
Bernardino: II
SECTION 224. Section 19.68.010 of the San Bernardino
Municipal Code is amended to read:
"19.68.010 Permit required - Filing application.
It is unlawful to move any building or structure, including
factory-built and manufactured housing, to any lot or parcel in
the City without first obtaining from the Planning Commission a
permit for such moving to be done."
SECTION 225. Section 19.82.030 of the San Bernardino
Municipal Code is amended to read:
"19.82.030 Penalties for violation.
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Any ,pp.rson, ftrl'l or corporation, wh"!thp.r as principal,
agent, employee, or otherwis"!, violating or causing the violation
of any of the provisions of this tttle is guilty of an
infraction, whi~h upon ~onviction thereof is punishable in
accordance with the provisions of Section 1.17..010 of thts Code."
SgCTJON 226. Sections 5.0lJ.635, 5.32.120, 5.36.210,
5 .I~O . 100, 5.1+13.050, 5.52.ll0, 5.56.060, 5.56.100, ~.60.320,
5.68.030, 5.76.570, 5.76.590, 5.80.230, 6.08.070, 6.12.100,
6.16.011.0, 6.20.060, 6.28.030, 6.32.010 D, 6.38.020, 8.21. HIO,
8.30.100, 9.52.060, 10.2lJ.080, 13. 2/~ .4/~0, 15.0/..230, 15.16.180,
15.28.180, 15.32..040, 15.36.020, 15.38.060, 15.40.050, 15.48.110,
15.52.070, 15.60.270, 15.68.060 and 18.60.040 and Chapters 5.48
and 8.12 of the San Bernardino Munictpal Code are hereby
repealed.
I HEREBY C;~RT!FY that the foregoing ordinance was duly
adopted by the Mayor and Common Counc il of the Ci. ty of San
Bernard i no at a mee ti. ng thereof, he ld
on the day of , 1985, by the following
vote, to wit:
AYES: Council Members
NAYS:
ARSENT:
of
City Clerk
The foregoing ordinance is hereby approved this
, 1985.
day
Mayor of the City of San Bp.rnardino
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Approved as to form:
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