HomeMy WebLinkAboutMC-1223
Adopted: April 17, 2006
Effective: May 18, 2006
ORDINANCE NO. MC-l223
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.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
Section 1. San Bernardino Municipal Code Section 8.82.050 of Chapter
8.82 is hereby repealed and replaced with the following:
8.82.050 Unscheduled Events.
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.
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
Me-i223
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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.
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Me-i223
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.
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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 17th day of April
8 following vote, to wit:
, 2006, by the
9 COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
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11 ESTRADA
12 BAXTER
13 MCGINNIS
14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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Q~ /;;C~~Jc
Racnel Clark, City Clerk
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hereby approved this ~ day of
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The foregoing Ordinance is
,2006.
April
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24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
City Attorney
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