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HomeMy WebLinkAboutMC-1219U Adopted: Effective: March 6. 2006 March 6. 2006 1 URGENCY ORDINANCE NO. Me 1219 2 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 3 4 5 6 7 Section 1. Findings. 8 9 WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk roc concert event (the "2K6") was held at the National Orange Show Events Center ("NOS" in San Bernardino, California; and 10 11 WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (th "Pavilion") which has a seating capacity of approximately 5,000 people. The estimated attendance at the 2K6 concert was approximately 4,500 persons attended the 2K concert; and 12 13 14 WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officer responded to a disturbance call to the NOS; and 15 16 WHEREAS, upon responding to this call, the Officers determined that a stabbing had taken place at the Pavilion. During their investigation, the crowd became more and more unruly and difficult to control. The responding Officers being extremel outnumbered formed skirmish lines to attempt crowd control. However, the crowd gre and became so aggressive; the responding Officers were soon far outnumbered and had to move to defensive positions. While in these positions they ran out of crowd control measures, such as tear gas and less lethal munitions and had to resort to clos quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and other flying objects. Once mutual aid arrived on scene, Officers were able to utiliz additional tear gas and less lethal munitions to drive the crowd back and eventuall disperse the crowd. It took another hour to an hour and a half to fully disperse th crowd. Notwithstanding the crowd disbursement, several groups of troublemakers stil traveled the City streets requiring an ongoing police presence to protect life and property; and 17 18 19 20 21 22 23 24 25 WHEREAS, even after the crowd was disbursed from the NOS, Police presenc was still required to control ingress and egress for several blocks surrounding the NO as groups of troublemakers began to engage in civil disobedience, causing propert damage to 41 business surrounding the NOS, damage to vehicles, including polic vehicles It took both SBPD and mutual aid several more hours to fully secure th surrounding community; and 26 27 28 MC-1219 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 WHEREAS, Approximately 150 police and fire personnel were required to quel 7 the rioting crowd resulting in enormous costs to the City and other responding agencies; and 8 9 WHEREAS, the NOS has other pending events scheduled for this Saturday, March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additiona crowd control problems; and 10 11 WHEREAS, the San Bernardino Municipal Code Chapter 8.82 contemplates th recovery of costs for extraordinary police services for unscheduled events that create need for extraordinary police services, and the current ordinance requires that th Police Department provide a written notice to cease and desist the threat to publi peace, health, safety and general welfare of the public; and 12 13 14 15 WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible fo the Police to give a written warning to the person in charge; and 16 17 WHEREAS, it is the intent of the Mayor and Common Council to recover th costs for extraordinary police services for situations like the 2K6 concert without th requirement of a written notice when the circumstance prevent such notice to b provided; Therefore: 18 19 20 Section 2.Findings of Urgency. 21 22 The Mayor and Common Council of the City of San Bernardino, pursuant to th provisions of Government Code section 36937(b), finds and declares that it i necessary that this ordinance become effective upon its passage for the immediat preservation of the public peace, health and safety for the reasons set forth above in Section 1, which findings are incorporated herein by this reference. Due to the abov stated reasons and because of the impending dates for the additional events at th NOS, this ordinance needs to take effect upon its adoption as an urgency measure t protect and preserve the public's interests and general welfare in case another even occurs that requires extraordinary police services but no opportunity to provide a written warning to the person in charge. 23 24 25 26 27 28 III 2 MC-1219 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 Section 3. San Bernardino Municipal Code Section 8.82.050 of Chapter 8.8 is hereby repealed and replaced with the following: 7 8.82.050 Unscheduled Events. 8 9 A. Except as provided herein below, if an unscheduled event occurs and law enforcement officer investigating the matter determines that the same is a threat t the public peace, health, safety or general welfare or constitutes a nuisance, said office may, in addition to any other duty or responsibility imposed upon him by law, giv written warning notice to the person in charge of the premises that if a second respons is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the City of San Bernardino for the cost of all subsequent la enforcement services necessary to abate the disturbance or other activity giving rise t law enforcement services over and above the normal services expended in connection with the first call. 10 11 12 13 14 15 B. If an unscheduled event occurs and a law enforcement office investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance of an immediate nature such that written warning is not feasible, a written warning shall not be required and the person in charge will be held liable to the City of San Bernardino for the cost of all la enforcement services necessary to abate the disturbance or other activity giving rise t law enforcement services over and above the normal services expended in connection with the call. 16 17 18 19 20 21 C. The personnel and equipment of the law enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect th public peace, health, safety or general welfare shall be deemed to be extraordinary la enforcement services over and above the normal services provided Citywide and th cost of said extraordinary law enforcement services, including damage to city or la enforcement property, shall be billed to and is the legal responsibility of the person in charge. In the event a written warning is not feasible, then personnel and equipment 0 the law enforcement agency called in including but not limited to mutual aid agencies t control or abate the nuisance or to protect the public peace, health, safety or genera welfare shall be deemed to be extraordinary law enforcement services over and abov the normal services provided Citywide and the cost of said extraordinary la enforcement services, including damage to city or law enforcement property, shall b billed to and is the legal responsibility of the person in charge. 22 23 24 25 26 27 28 3 MC-1219 4 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 1 2 3 5 Section 4. This Urgency Ordinance is based upon the findings set forth in Section 1, above, and the accompanying Staff Report and its attachments to thi 7 ordinance and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Articl 8 III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinanc 9 shall take effect immediately upon adoption. 6 11 Section 5. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, 0 portion of this Ordinance, or the invalidity of the application thereof to any person 0 circumstance shall not affect the validity of the remainder of this Ordinance, or th validity of its application to other persons or circumstances. 10 12 13 14 /II 15 16 /II 17 18 III 19 /II 20 /II 21 /II 22 /II 23 /II 24 25 /II 26 /II 27 /II 28 4 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted 7 by the Mayor and Common Council of the City of San Bernardino at a regula meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES ESTRADA x BAXTER x MCGINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK NAYS ABSTAIN ABSENT 10 11 12 13 14 15 16 x 17 ~ !.t. ~ Ra el Clark, City Clerk 18 19 20 21 The foregoing Urgency Ordinance is hereby approved this 6th day of March, 2006. 22 23 24 25 26 27 JAMES F. PENMAN 28 City Attorney 5