HomeMy WebLinkAbout09-City Attorney
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman
City Attorney
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.
Date: March 28, 2006
MICC Meeting Date: April 3, 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.
March 20, 2006 - Mayor and Common Council referred to Legislative Review
Committee for review and recommendation back to Mayor and Common Council
Recommended Motion: Give first reading to Ordinance repealing and replacing San
Bernardino Municipal Code Section 8.82.050 of Chapter 8.82 regarding recovery of
expenses for extraordinary law enforcement services.
Signature
Contact person: Mni..nn.. Millig"n.
Sr. Assistant City Attorney
Phone: ..vt ~~~~
Supporting data attached: Staff Report & Ordinance
Ward: City-Wide
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Ar.r.t n,:30~r.rirtinn)
g Finance:
Council Notes:. Au.~_ '-IftjiJi4 .J #;;J-/
Agenda Item No. 4/;7/tJ&
STAFF REPORT
Council Meeting Date: March 6, 2006
TO:
Mayor and Common Council
FROM:
City Attorney's Office
DATE:
March 28, 2006
RE:
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.
BACKGROUND:
At the March 6,2006 meeting of the Mayor and Common Council, an Urgency Ordinance was
passed to allow the City to recover expenses for extraordinary law enforcement services because
the National Orange Show Events Center ("NOS") had 2 concerts scheduled for Saturday, March
March 11,2006 and for Saturday May 13,2006 - 2 events that would have presented crowd
control problems. For that reason, the Council approved the Urgency Ordinance. Then at the
March 20, 2006 meeting, the Mayor and Common Council referred review of a regular ordinance
to the Legislative Review Committee. The Legislative Review Committee has review the
regular ordinance and has recommend that the Mayor and Common Council adopt said
ordinance.
It is now recommended that a "regular" ordinance be given 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.
CURRENT ISSUE:
Currently, a prerequisite to the City's recovery of costs from a party for extraordinary
police services pursuant to San Bernardino Municipal Code ("SBMC") Chapter 8.82 is a
requirement that the investigating Police Officer must provide a" I 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
recover 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 provided.
RECOMMENDATION:
It is recommended that the City Council refer the attached Ordinance amending Section 8.82.050
of the San Bernardino Municipal Code to the Legislative Review Committee for review and a
report back to the Mayor and Common Council.
1
ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA REPEALING AND REPLACING SAN
4 BERNARDINO MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82
REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
5
6
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
8
9 Section 1. San Bernardino Municipal Code Section 8.82.050 of Chapter
10 8.82 is hereby repealed and replaced with the following:
11 8.82.050 Unscheduled Events.
12
A.
Except as provided herein below, if an unscheduled event occurs
13 and a law enforcement officer investigating the matter determines that the same
14 is a threat to the public peace, health, safety or general welfare or constitutes a
15 nuisance, said officer may, in addition to any other duty or responsibility imposed
16 upon him by law, give written warning notice to the person in charge of the
17 premises that if a second response is necessary because of a continuation of
18 any objectionable activity that the person in charge will be held liable to the City
19 of San Bernardino for the cost of all subsequent law enforcement services
20 necessary to abate the disturbance or other activity giving rise to law
21 enforcement services over and above the normal services expended in
22 connection with the first call.
23
B.
If an unscheduled event occurs and a law enforcement officer
24 investigating the matter determines that the same is a threat to the public peace,
25 health, safety or general welfare or constitutes a nuisance of an immediate
26 nature such that a written warning is not feasible, a written warning shall not be
27 required and the person in charge will be held liable to the City of San Bernardino
28 for the cost of all law enforcement services necessary to abate the disturbance or
1 #-q
fl Ll - II - Il1---.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
other activity giving rise to law enforcement services over and above the normal
services expended in connection with the call.
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 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.
Section 2. 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.
11/
11/
III
2
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA REPEALING AND REPLACING SAN
2 BERNARDINO MUNICIPAL CODE SECTION 8.82.050 OF CHAPTER 8.82
3 REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
4
5
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by
6 the Mayor and Common Council of the City of San Bernardino at a regular
7 meeting thereof, held on the
8 following vote, to wit:
day of
, 2006, by the
9 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
10
11 ESTRADA
12 BAXTER
13 MCGINNIS
14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
Rachel Clark, City Clerk
20
The foregoing Ordinance is hereby approved this _ day of
,2006.
21
22
23
PATRICK J. MORRIS, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
City Attorney
27
3
28