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HomeMy WebLinkAbout24-City Attorney ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Attorney's Office Subject: An Ordinance to repeal and replace San Bernardino Municipal Code Section 8.82.050 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. From: James F. Penman City Attorney Date: March 15, 2006 MICC Meeting Date: March 20, 2006 Synopsis of Previous Council Action: March 6, 2006 - Mayor and Common Council approved an urgency ordinance regarding recover of expenses for extraordinary law enforcement services that went into effect immediately. Recommended Motion: Refer to the Legislative Review Committee for study and report back to the Mayor and Common Council. 7,~ Signature Contact person: M"r;"nn.. Millig"n. Sr. Assistant City Attorney Phone: ..d ,,~"" Supporting data attached: Staff Report & Ordinance Ward: City-Wide FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) (A"r.t n..""rirtinn) Finance: Council Notes: Agenda Item No. ?.q 31J-DI(!)~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman City Attorney Subject: An Ordinance to repeal and replace San Bernardino Municipal Code Section 8.82.050 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. Dept: City Attorney's Office Date: March 15, 2006 MICC Meeting Date: March 20, 2006 Synopsis of Previous Council Action: March 6, 2006 - Mayor and Common Council approved an urgency ordinance regarding recover of expenses for extraordinary law enforcement services that went into effect immediately. Recommended Motion: Refer to the Legislative Review Committee for study and report back to the Mayor and Common Council. /1 , ! f/ /.f;:/~-.'L-!.--. / / / / 1/ //.'/' ----; ...<"/ j /1"' J 7 . ,_ ~~/?~__ Signature Contact person: M::ui::mnl" Millig::m, Sr. Assistant City Attorney Phone: I"yt 5~55 Supporting data attached: Staff Report & Ordinance Ward: City-Wide FUNDING REQUIREMENTS: Amount: N/A Source: (Accl. No.) (Arrt npc;rrirtinn) Finance: Council Notes: Agenda Item No. .:z '-/ -l~ cjcf> STAFF REPORT Council Meeting Date: March 6, 2006 TO: Mayor and Common Council FROl\1: City Attorney's Office DATE: March 6, 2006 RE: An Ordinance to repeal and replace San Bernardino Municipal Code Section 8.82.050 of Chapter 8.82 regarding recoyery of expenses for extraordinary law enforcement services. BACKGROl'ND: At the last meeting of the I\1ayor and Common Council, an Urgency Ordinance was passed to allow the City to recoyer expenses for extraordinary law enforcement services because the ?\:ational Orange Show Eyents Center ("NOS") had 2 concel1S scheduled for Saturday, I\1arch I\larch I!, 2006 and for Saturday May 13, 2006 - 2 events that would haye presented crowd control problems. For that reason, the Council approyed the Urgency Ordinance. It is now recommended that a "regular" ordinance be giyen first reading as "back-up" to the Urgency Ordinance. In doing this, if the Urgency Ordinance is for some reason challenged, the regular Ordinance will be in effect. CLTRRE:\T ISSVE: Currently, a prerequisite to the City's recovery of costs from a party for extraordinary police services pursuant to San Bernardino Municipal Code ("SBMe') Chapter 8.82 is a requirement that the investigating Police Officer must proyide a"] 51 warning" in writing to the person in charge. Because events occur from time to time, such as the concert and ensuing riot on Saturday, March 4, 2006 at the NOS, it is not always feasible for a Police Officer to provide written warning to the person in charge. This Ordinance makes it clear that it is the intent of the ordinance to allow the City to recmer the costs for extraordinary police services in situations such as the NOS concert without the requirement of a written notice when the circumstances prevent such notice to be provioed. RECOMMENDA nON: It is recommended that the City Council refer the attached Ordinance amending Section 8.82.050 of the San Bernardino t\1unicipal Code to the Legislative Review Committee for review and a report back to the Mayor and Common Council. ORDINANCE NO. 06-_ ! AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING AND REPLACING SAN BERNARDINO MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82 REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 3 4 5 6 7 8 9 10 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. San Bernardino Municipal Code Section 8.82050 of Chapter 8.82 is hereby repealed and replaced with the following: 8.82.050 Unscheduled Events. 11 A. Except as provided herein below, if an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him by law, give written warning notice to the person in charge of the premises that if a second response 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 law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call. 12 13 14 15 16 17 18 19 B. If an unscheduled event occurs and a law enforcement officer 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 a 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 law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the call. 20 21 'l'l '" .c:J 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 the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services, including damage to city or law 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 of the law enforcement agency called in including but not limited to mutual aid agencies to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be 24 25 26 17 deemed to be extraordinary law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services, including ') damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. 3 4 Section 3. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by an court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. 5 6 7 8 9 10 11 III III III 12 13 14 15 16 17 ] 8 19 20 21 22 ")~ ,_J 24 25 26 27 '1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING AND REPLACING SAN BERNARDINO MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82 REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. , -' -l 5 6 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, 7 held on the 20th day of March, 2006, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES 9 ESTRADA ]0 BAXTER ] ] MCGINNIS ] ~ DERRY ] 3 KELLEY ]-l JOHNSON ]5 MC CAMMACK 16 NAYS ABSTAIN ABSENT ] 7 ] 8 Rachel Clark, City Clerk ] 9 The foregoing Urgency Ordinance is hereby approved this 20th day of March, 2006. 20 '=1 n PATRICK J. MORRIS, Mayor City of San Bernardino :::3 Approved as to form and legal content ~-l '1 - .;:) JAMES F. PENMAN City Attorney 2G " ; I I !/ 27 By ).(j J'--.: .,:, ./ i .i (.....r'""i/-; F~",\A_...,-._