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HomeMy WebLinkAboutMC-868 Effective: 4pri1 5, 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HC-868 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY; AND DECLARING THE URGENCY THEREOF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.46.100 of the San Bernardino Municipal Code is hereby amended to read as follows: "It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, 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 by virtue of t!1: s chapter; B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter; C. Willfully do any act during an emergency which 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 Ci.ty, or to prevent, hinder, or delay the d8E~mse or protection thereof; AB:km[PUNISH2.0RDJ -1- March 29, 1993 Me-868 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state." SECTION 2. Urgency. This ora Lnance is an urgency ordinance that will take effect immediately upon its adoption. The matters supporting the urgency are that the recent decision by the Appellate Division of the Los Angeles Superior Court in the case of People v. Continola overturned arrests for curfew violations under an ordinance with almost identical language to that of the City of San Bernardino. Those curfew arrests arose out of the riots following the decision of the State prosecution relating to the Rodney King incident. With the federal civil rights prosecution trial over the same in': ident now in progress and the possibility of renewed rioting no matter what the verdict, it is essential and a matter of public peace, health and safety that the City take all reasonable steps to assure that its ordinances to preserve the public order are in keaping with the law should such ordinances need to be used. III III III III III III III III III A8:km[PUNISH2.0RD] -2- March 29, 1993 MC-868 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN EMERGENCY; AND DECLARING THE URGENCY THEREOF 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 5th day of April 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x Q~~ CIt:Y Clerk /,-j/L-.- day The foregoing ordinance is hereby approve~ of April , 1993. /~ s Approved as to form and legal content: JAMES F. PENMAN, City Attorney B:f_l' ,~ AB:km[PUNISH2.0RD] -3- March 29. 1993