HomeMy WebLinkAboutMC-635
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ORDINANCE NO. MC-635
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING TO SECTION
9.90.010(A) (5) TO AUTHORIZE THE DIRECTOR OF BUILDING AND SAFETY
3 AND HIS/HER DESIGNEES TO ISSUE "NOTICES TO APPEAR", AND (6) TO
AUTHORIZE CITY ATTORNEY INVESTIGATORS WITH THE APPROVAL OF THE
4 DIRECTOR OF BUILDING AND SAFETY TO ABATE NUISANCES PURSUANT TO
CHAPTERS 15.28 AND 8.30 OF THE SAN BERNARDINO MUNICIPAL CODE AND
5 (7) TO AUTHORIZE THE DIRECTOR OF ANIMAL CONTROL, ANIMAL LICENSE
CHECKERS, ANIMAL SHELTER ATTENDANTS AND ANIMAL HEALTH TECHNICIANS
6 TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF TITLE 6 OF THE SAN
BERNARDINO MUNICIPAL CODE AND (8) TO AUTHORIZE THE DIRECTOR OF
7 PUBLIC WORKS/CITY ENGINEER AND HIS/HER DESIGNEES TO ISSUE
"NOTICES TO APPEAR" AND (B) PROVIDING CRIMINAL PENALTIES FOR THE
8 IN'I'ERFERENCE WITH 'I'HE PERFORMANCE OF THEIR AUTHORIZED DUTIES AND
(C) TO REVIEW THIS SECTION TWENTY-FOUR MONTHS SUBSEQUENT TO ITS
9 PASSAGE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
11 DO ORDAIN AS FOLLOWS:
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SECTION l. Section 9.90.010 of the San Bernardino
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Municipal Code is amended to read:
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"9.90.010 Arrest - Citation.
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A. Pursuant to Sections 836.5, 853.5 and 853.6 of the
California Penal Code, the employees as listed in each subsection
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herein are authorized and empowered to arrest and issue notices
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to appear for violations of the provisions of the San Bernardino
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unicipal Code as hereinafter set forth:
1. Security guard personnel, who shall be off duty
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r retired police officers or reserve police officers, employed
the Redevelopment Agency of the City of San Bernardino
to an agreement between said Agency and the City,
relating to a security guard program, are authorized and
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mpowered to arrest and issue notices to appear for violations of
he provisions of Chapters 5.04, 8.15, 9.48, 12.44, and Sections
.12.030 and 10.16.210 for incidents arising in the Central City
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MC-635
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1 Mall and public areas in, adjacent to, or immediately surrounding
2 said mall.
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2. Police Assistants are authorized and empowered to
4 arrest and issue notices to appear for violations of the
5 provisions of this Code and state statutes pursuant to California
6 Penal Code Section 836.5.
7 3. The Planning Director, Principal Planners, Senior
8 Planners, Planners II, Planners I and Planning Aides are
9 authorized and empowered to issue notices to appear for
10 violations of the provisions of Titles 18 and 19 of this Code and
11 8.36, 10.16, and 15.52 of this Code.
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4. The Director of Water Reclamation, Environmental
13 Control Representative, and Environmental Control Technicians are
14 authorized and empowered to issue notices to appear for
15 violations of Chapter 13.32 of this Code.
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5. The Director of Building and Safety and his/her
17 designees are authorized and empowered to issue notices to
18 appear for violations of the San Bernardino Municipal Code and
19 all other codes incorporated herein by reference."
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6. The City Attorney Investigators are authorized
21 and empowered to arrest and issue notices to appear for
22 violations of this Code and state statutes pursuant to California
23 Penal Code Section 836.5; and are authQ~i~~g upon approval of the
24 pi rector of Buildinq and Safety to examine; qive notice of, post,
25 secure and abate all nuisanceB pursuant to Chapters 15.28 and
26 ~.30 of the San ~~rnardino Municipal Code.
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7. The Director of Animal Control, Animal License
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Checkers, Animal Shelter Attendants, and Animal Health
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Technicians, are authorized and empowered to issue notices to
4 for violations of Title 6 and Section 12.44.070 of the
appear San
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5 Bernardino Municipal Animal Officers empowered
Code. Control are
6 and issue notices Section 830.9
to arrest to appear pursuant to
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7 California Penal Code.
of the
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8 Works/City Enqineer 9!)g
8. The Director gJ Public
9 his/her desiqnees authoriz~9 ang empowered issue "Notices
ar~ to
10 violations Bernardino Municipal Code,
to Appear" for of the San
11 and all otheL ~gg~.1? incorporatgp herein !;?Y reference.
12 9pg;tructinq enforcement
~. Anv person iDterferinq or the
13 of provision of this Code Qy of the
QL performaTlce 9DY any
14 ji.Jlthorized 1'!ho
proceedina personnel 9L anv Qerson removes 9DY
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notice or siqn posted !;?Y 9D authorized person or enters or
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remains in 9 g;tructure QQ.1?led 9E. unsafe unfit for human
17 which upon
occupancy, shall be qU i ltY of 9 misdemeanoj: ,
18 with the
j::9Dviction th~];eoi ),p pg.nishable in accordance
19 orovisionp Section 1.12.010 of this Code.
of
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~. Section 9.90.010 9i. th~ .ssm 1?~rnardino Municipal Code
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shall be reviewed Qy the Mavo]; and Common Counc il twenty-four
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subsequent 1.Q its passage".
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MC-635
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
re&ular___________ meeting thereof, held on
4 the __.2tll__ day of _ _ ~~!'1:.e.m.b~E _ _ _
5 following vote, to wit:
, 1988, by the
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AYES:
Council Memb.e!"_" _ "€l_o!"~~'-!l_'!_~<!~l!'yLli~n.9E!.Xo.P~:~~..1~~'______
Miller
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NAYS:
B9E~______ _ _ _ _ _ _ _ _ __ _ _ __ _-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . - - - - - - - -
ABSENT:
_CE!l~'=-~Ltl~l,'b_e!"_"_J~sJ:!"!':da,_~~!!1y__ __._ _ __ _ _ _ __ _ _ __.. __._
~~O~!nh_
'" City C~~-
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The foregoing ordinance is hereby approved this _!7./~
14 of 4~-.------' 1988.
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day
Bernardino
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ty Attorney
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