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HomeMy WebLinkAbout38-City Attorney "",-" ,J"',' '. '" ~,,, ,"~ ' , ZT '''N/'''' .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN CITY ATTORNEY Subject: Suspension of Enforcement of Chapters 8.35 and 8.39 of the San Bernardino Municipal Code. Dept: City Attorney Date: June 1,2005 ORIGINAL Synopsis of Previous Council Action: March 21,2005 - Ordinance adopted adding Chapter 8.35 to Title 8 of the San Bernardino Municipal Code. August 16,2004 - Ordinance adopted adding Chapter 8.39 to Title 8 of the San Bernardino Municipal Code. Recommended Action: None. Contact person: James F. Penman Supporting data attached: Staff Reoort FUNDING REQUIREMENTS: Amount: Phone: Ward: None 5255 All Source: Finance: Committee Notes: 75-0262 Agenda Item No. *?~ ~ \ 10 l bS SDEled[Chap8.3S.8.39SBMC.rca] -- "~, ;a;o>,~,o-,"'.''C,-'."~>''''';'.i' -, ~,o"n , ,~ ~ ""~~"".'r~'~~'~'~~'-' n -~ '-', "r""'~"~"'" ~:':"''':b'''il''_'~~''*'' ~""'c_"'_"'" ~k_~~ -~n"'''l,i'''",~", _ " , STAFF REPORT Council Meeting Date: .June 6. 2005 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney June 6, 2005 Suspension of Enforcement of Chapters 8.35 and 8.39 of the San Bernardino Municipal Code Chapter 8.35 of the Municipal Code allows the Police Department to seize vehicles used by persons to solicit prostitute or drug purchases. The vehicles may be impounded for thirty (30) days. Chapter 8.35 allows the seizure and forfeiture of vehicles involved in illegal dumping. Both ordinances were based on an ordinance enacted by the City of Oakland. The City of Oakland's ordinance was upheld by an appellate court in San Francisco in Horton v. City of Oakland in 2000. Subsequently other cities enacted ordinances similar to Oakland's ordinance. On April 22, 2005, the Court of Appeal in Sacramento held that the City of Stockton's ordinance was unconstitutional and that State law preempted Stockton's ordinance. The Stockton case, O'Connell v. The City of Stockton, creates some uncertainty due to the conflicting opinion in the Oakland case. The City Attorney's office is recommending that enforcement of Chapters 8.35 and 8.39 be suspended for the time being. The City of Stockton has asked the State Supreme Court to review the issue of preemption. Stockton is rewriting the provisions of its ordinance relating to the timing of the post-seizure hearing. Enforcement of these chapters of the Municipal Code must be suspended pending the Supreme Court's decision to review this issue. RLS/js [Suspension.8taffReport]