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HomeMy WebLinkAboutMC-1143 Adopted: April 21, 2003 Effective: May 22, 2003 I ORDINANCE NO. MC-1l43 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 AUTHORITY TO ARREST AND ISSUE CITATIONS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 SECTION 1. San Bernardino Municipal Code Section 9.90.01 O(A) is amended to now read 6 in its entirety as follows: 7 8 "9.90.010 Arrest - Citation. A. Pursuant to Sections 836.5, 853.5 and 853.6 ofthe California Penal Code, the employees as listed in each subsection herein are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the San Bernardino Municipal Code as hereinafter set forth: 9 10 11 I. Security guard personnel, who shall be off duty orretired police officers or reserve police officers, employed by the Economic Development Agency ofthe City of San Bernardino pursuant to an agreement between said Agency and the City, relating to a security guard program, are authorized and empowered to arrest and issue notices to appear for violations ofthe provisions ofthe San Bernardino Municipal Code for incidents arising in the Carousel Mall and public areas in, adj acentto, or immediately surrounding said Mall, or other areas pursuant to an agreement between said Agency and the City, 12 13 14 15 2. Community Service Officers are authorized and empowered to arrest and issue notices to appear for violations of the provisions of this Code and State statutes pursuant to California Penal Code Section 836,5, 3. The Director of Development Services, City Planners, Senior Planners, Associate Planners and Assistant Planners are authorized and empowered to issue notices to appear for violations ofthe provisions of Title 19 of this Code and Chapters 8.36 and 10,16 of this Code. 16 17 18 19 20 4. The Director of Water Reclamation, Environmental Control Representative, and Environmental Control Technicians are authorized and empowered to issue notices to appear for violations of Chapter 13.32 of this Code. 5. The Director of Development Services or his or her designees or City Engineer or his or her designees are authorized and empowered to issue notices to appear for violations of the San Bernardino Municipal Code and all other codes incorporated herein by reference. 6. The City Attorney Investigators are authorized and empowered to arrest and issue notices to appear for violations ofthis Code and state statutes pursuant to California Penal Code Section 836.5; and are authorized upon approval ofthe Director of Code Compliance to examine; give notice of, post, secure and abate all nuisances pursuant to Chapters 15.28 and 8.30 of the San Bernardino Municipal Code, 7. The Director of Animal Control, Animal License Checkers, Animal 21 22 23 24 25 26 27 28 MR/dm [990010A.ORD] MC-1l43 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AUTHORITY TO ARREST AND ISSUE CITATIONS 2 3 Shelter Attendants, and Animal Health Technicians, are authorized and empowered to issue notices to appear for violations of Title 6, Section 5.04.497, and Section 12.44.070 of the San Bernardino Municipal Code. Animal Control Officers are empowered to arrest and issue notices to appear pursuant to Section 830.9 of the California Penal Code. 8. The Director of Code Compliance and his or her designees are authorized and empowered to issue "Notices to Appear" for violations of the San Bernardino Municipal Code, and all other codes incorporated herein by reference. 9, The Director of Parks, Recreation and Community Services and his or her designees are authorized and empowered to issue "Notices to Appear" for violations of Chapter 12.98. 10. Security guard personnel, who shall be off duty or reserve police officers employed by the Inland Valley Development Agency ("Agency') pursuant to an agreement between said Agency and the CityofSan Bernardino, relating to a security guard program, and who are under the direct supervision of the City of San Bernardino Police Department are authorized and empowered to arrest and issue notices to appear for violations of the Municipal Code for incidents arising on the former Norton Air Force Base property now owned and operated by the Inland Valley Development Agency bounded on the north by Third Street, on the south by Central Avenue, on the west by Lena Road, and on the east by Palm Avenue. 11. Parking District Security Officers, who shall be retired police officers or reserve police officers, employed by the Facilities Management Department of the City of San Bernardino are authorized and empowered to arrest and issue notices to appear for violations ofthe provisions ofthis Code and State statutes pursuant to California Penal Code Section 836.5. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 12. The San Bernardino Community College Police, who are peace officers as defined by Section 830.32 of the Penal Code, are authorized and empowered to arrest and issue citations for violations of the provisions of Titles 8 and 9, on or near the campus ofthe community college and, on or near other grounds or properties owned, operated, controlled, or administered by the community college or by the state acting on behalf of the community college. 13. The California Highway Patrol, who are peace officers as defined by Section 830.2(a) of the Penal Code, are authorized and empowered to arrest and issue citations for the provisions of this Code. 14, The California State University Police, who are peace officers as defined by Section 830.2( c) of the Penal Code, are authorized and empowered to arrest and issue citations for the provisions of this Code on or near the campus ofthe University and, on or near other grounds or properties owned, operated, controlled, or administered by the University or by the state acting on behalf of the University, 15, The San Bernardino Unified School District Police, who are peace officers as defined by Section 830.32(b) of the Penal Code, are authorized and empowered to arrest and issue citations for the provisions of this Code on or near a campus of the school district and, on or near other grounds or properties owned, operated, 19 20 21 22 23 24 25 26 27 28 MRldm [9900 I OA.ORD] MC-1l43 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 SECTION 9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AUTHORITY TO ARREST AND ISSUE CITATIONS 3 controlled, or administered by the school district." 4 II II 5 II 6 II 7 II II 8 II 9 II II 10 II II II 12 II 13 II 14 II II 15 II 16 II II 17 II 18 II II 19 II 20 II II II 22 II 23 II II 24 II 25 II II 26 II 27 II II 21 28 MRJdm [990010A.ORD] MC-1l43 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AUTHORITY TO ARREST AND ISSUE CITATIONS 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4 5 21stlayof April ,2003, by the following vote, to wit: 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS ~ DERRY ~ SUAREZ X ANDERSON X MCCAMMACK X 8 9 10 11 12 13 14 15 16 17 QL~1. aULi:.. .'-- City Clerk 19 ,2003, ved this Q;),1ay of o The foregoing Ordinance is hereby pp ;' , April 18 VALLES, Mayor San Bernardino 20 21 Approved as to form and legal content: 22 23 JAMES F. PENMAN City Attorney 24 25 26 L 1-. p~ U 27 28 MRldm [990010A.ORD]