HomeMy WebLinkAboutMC-209
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ORDINANCE NO.
V.C'- 2C9
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.50
TO THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO EXAMINATION OF
3 CERTAIN PERSONS REASONABLY BELIEVED TO BE INFECTED WITH AN INFEC-
TIOUS VENEREAL DISEASE, AND PROVIDING PENALTIES FOR VIOLATIONS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 8.50 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 8.50
9 VENEREAL DISEASES
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8.50.010 Control of venereal diseases.
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A. In order to supplement state legislation and to control
]2 the spread of infectious venereal disease in the City of San
13 Bernardino, pursuant to Health and Safety Code Section 3194,
14 certain arrested persons reasonably believed to be infected with
]5 an infectious venereal disease and certain other persons not
16 arrested but reasonably believed to be so infected may be ordered
17 to report to the San Bernardino County Department of Public Health
18 or to a physician and undergo examination and testing for infec-
19 tious venereal disease, and to provide evidence to the City of
20 having had such examination and testing.
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B. When, in the judgment of an authorized individual, it is
22 necessary to protect the public health, a person in either of the
23 following categories may be reasonably believed to have an infec-
24 tious venereal disease:
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1.
(a) Any person who is arrested for an offense in th
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nature of solicitation or prostitution of the type punishable
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under Penal Code Section 647(a) for solicitation in prostitution
28 related cases or (b) for prostitution; or
29 (b) Any person who is convicted of any such offense
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2. Any person who, within the past twelve months, has
had any such infectious venereal disease, or has been convicted of
any offense of the kind herein specified within twelve months past
and who fails to present satisfactory evidence of examination and
testing for infectious venereal disease, and who is reasonably
believed to be engaged in any activity in the nature of prostitu-
tion or solicitation.
C. A person in the foregoing categories who is reasonably
believed to have an infectious venereal disease may be ordered in
writing by the San Bernardino County Director of the Department of
Public Health (hereinafter referred to as "Health Officer"), his
authorized deputy, or any City employee designated by the Mayor an
approved by the Health Officer, to report to either his or her own
physician, the San Bernardino County Department of Public Health 0
an authorized physician retained by the City, if any, at that
person's option, and to be examined and tested for the purpose of
determining whether such person is, in fact, infected with an
infectious venereal disease. Each such person shall submit to suc
examination and testing as are necessary and are authorized by law
and shall permit specimens to be taken for laboratory analysis.
The provisions hereof are for health purposes and shall not be
utilized as, or construed to be, a penalty or punishment.
D. If any such person is found to have an infectious vene-
real disease of a type which is amenable to treatment, he or she
shall be referred for such treatment as is consented to or is othe -
wise authorized by law. If such disease is not amenable to treat-
ment, such person shall be referred for counseling under rules of
the Health Officer.
E. Examination and testing shall occur not later than ten
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1 days after the arrest, service of an order to be examined for
2 infectious venereal disease, or release from custody, whichever
3 last occurs. within ten days after such examination and testing,
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each person ordered to be examined for infectious venereal diseas
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shall obtain a medical report setting forth the results of exami-
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nation and testing for infectious venereal disease and shall
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deliver or transmit the report to the Health Officer and addition
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ally shall provide evidence of having had such examination and
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testing to the City or County issuing the order, which evidence
shall not be publicly disclosed pursuant to Government Code
Sections 6254 (c) (k) or 6255 or other law.
8.50.020 Administration.
The Health Officer, his authorized deputy, and any City
employee designated by the '1ayor and approved by the Health Offic r
under section 8.50.010(C), are authorized and empowered to imple-
ment the purposes of Section 8.50.010 by personally serving upon
any person reasonably believed to have an infectious venereal
disease an order for examination and testing incident to an arres
or notice to appear for the charge of prostitution or solicitatio
of the type punishable under Penal Code Section 647(a) or (b), or
incident to other activity as set forth in Section 8.50.010(B) (1)
or (2).
8.50.030 Rules and regulations.
The Health Officer may adopt, amend and rescind rules and
regulations to carry out the purposes and provisions of this chap er
and to govern administrative procedures hereunder. These rules
and regulations shall be consistent with this chapter and other
applicable law.
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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, shall
be guilty of a misdemeanor, punishable by a fine of not more than
five hundred dollars or by imprisonment for not more than six
months, or by both such fine and imprisonment.
8.50.050 Validity.
If any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be invalid or uncon-
stitutional by the decision of a court of competent jurisdiction
or conflicts with any state law or regulation, such decision or
such conflict shall not affect the validity of the remaining
portions of the ordinance. The Council hereby declares that it
would have passed this ordinance and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that
anyone or more sections, subsections, clauses or phrases thereof
be declared invalid or unconstitutional or might conflict with any
state law or regulation.
8.50.060 Supplementation of State law.
This Chapter is enacted with the intention of supplementing
provisions of the Health and Safety Code and Administrative Code
of the State of California concerning the control of venereal
disease by local health officers and any provision hereof which
might conflict with such State codes shall be interpreted to compl
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with and as subordinate to such state Codes. The provisions
hereof have been enacted after consultation with and the approval
of the Director of Public Health of the County of San Bernardino.
The need of and rational basis for the ordinance have been
established and based upon statistical evidence provided by the
San Bernardino County Department of Public Health and deductions
therefrom, studies and programs in Colorado Springs and Denver,
Colorado, and elsewhere, and the successful results of a similar
experimental program in operation since 1976 under the jurisdictio
of the Department of Public Health of the County of l10nterey with
the active assistance of the Department of Health Services, state
of California."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the
20th
September
, 1982, by the following
day of
vote, to wit:
AYES:
Council Members Reilly, Quiel, Hobbs, Strickler
NAYS:
Council Members Castaneda, Hernandez
ABSENT:
None
.~#//??d/ /d6AiP
/ Clty Clerk
The foregoing ordinance is hereby approved
of 4Z:;;;:;~l/ , 1982.
.
s c2C/.v day
Approved as to form:
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ORDINANCE NO. MC-209 MAILED TO:
1. Louis E. Mahoney, M.D.
Director of Public Health
351 Mt. View Avenue
San Bernardino, Ca. 92415
2. Paul Grube
Deputy County Counsel
157 West 5th Street
San Bernardino, Ca. 92415
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3. L. T. Jones (for Clark
Attorney at Law Co. Health Dist)
600 East Charleston Blvd.
Las Vegas, Nevada 89104
4. ~~"'" ~"'" ~\S~lJ
5. L. A. Police Dept.
6. L. A. Attorney's Office
7. Prince
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