HomeMy WebLinkAbout28-City Attorney
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 1, 2003
Subject: ORDINANCE OF THE CITY
OF SAN BERNARDINO AMENDING
SECTION 9.90.01O(A) OF THE SAN
BERNARDINO MUNICIPAL CODE
ORIGiNAL RELATING TO AUTHORITY TO
ARREST - CITATIONS.
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Synopsis of Previous Council Action:
Ord. MC-1034, 11-16-98; Ord. MC-1027, 9-8-98; Ord. MC-1005, 10-20-97; Ord. MC-954, 11-
20-95; Ord. MC-952, 11-6-95; Ord. MC-945, 6-19-95; Ord. MC-931, 1-23-94; Ord. MC-635, 9-
6-88; Ord. MC-606, 9-22-87; Ord. MC-591, 5-13-87; Ord. MC-586, 3-23-87; Ord. MC-464, 7-1-
85; Ord. MC-404, 8-20-84; Ord. MC-372, 5-21-84; Ord. MC-254, 3-4-83.)
Recommended motion:
That said ordinance be laid over for final adoption.
-?p~
Signature
Contact person: Michael Reiter
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
None at this time.
Finance:
Council Notes:
Agenda]
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STAFF REPORT
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: Aprill,2003
AGENDA: April 7, 2003
RE: An Ordinance Amending Section 9.90.0l0(A) of the San Bernardino
Municipal Code.
This ordinance amends section 9.90.010(A) which authorizes various City employees and
outside entities to enforce, through arrest and citation, the provisions of the San Bernardino
Municipal Code.
Section 9.90.010(A)(I) is amended to change "Redevelopment Agency" to "Economic
Development Agency." The section is also amended to allow the mall security guards to arrest
and issue notices to appear in other areas pursuant to an agreement between the Agency and the
City.
Section 9.90.01O(A)(2) is amended to replace the term "Police Assistants" with their
current name, "Community Service Officers."
Section 9.90.010(A)(3) is amended to reflect changed job titles from "Principal Planners,
Planners II, Planners I and Planning Aides" to "City Planners, Associate Planners and Assistant
Planners." References to Title 18 and Chapter 15.52, which were repealed, are deleted.
Section 9.90.010(A)(5) is included to add" or City Engineer or his or her designees" to
the section discussing the powers of the Director of Development Services. This change
combines the current (A)(5) with the current (A)(6).
Section 9.90.01O(A)(8) is amended to change "Director of Development Services/City
Engineer" to "Director of Code Compliance." Code Compliance used to be a division of
Development Services, but is now its own department.
Sections 9.90.010A(13), (14), and (IS) have been added to allow the California Highway
Patrol, the California State University Police, and the San Bernardino Unified School District
Police to arrest and cite under the San Bernardino Municipal Code.
ORDINA.NCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 AUTHORITY TO ARREST AND ISSUE CITATIONS
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4
ORDAIN AS FOLLOWS:
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SECTION J. San Bernardino Municipal Code Section 9.90.01 OrA) is amended to now read
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in its entirety as follows:
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"9.90.010 Arrest - Citation.
A. Pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, the employees
as listed in each subsection herein are authorized and empowered to arrest and issue notices
to appear for violations of the provisions of the San Bernardino Municipal Code as
hereinafter set forth:
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10
II
I. Security guard personnel, who shall be off duty or retired police officers or reserve
police officers, employed by the Economic Development Agency of the City of San
Bernardino pursuant to an agreement between said Agency and the City, relating to
a security guard program, are authorized and empowered to arrest and issue notices
to appear for violations of the provisions of the San Bernardino Municipal Code for
incidents arising in the Carousel Mall and public areas in, adjacent to, or immediately
surrounding said Mall, or other areas pursuant to an agreement between said Agency
and the City.
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13
14
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2. Community Service Officers are authorized and empowered to arrest and issue
notices to appear for violations of the provisions of this Code and State statutes
pursuant to California Penal Code Section 836.5.
3. The Director of Development Services, City Planners, Senior Planners, Associate
Planners and Assistant Planners are authorized and empowered to issue notices to
appear for violations of the provisions of Title 19 of this Code and Chapters 8.36 and
10.16 of this Code.
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4. The Director of Water Reclamation, Environmental Control Representative, and
Environmental Control Technicians are authorized and empowered to issue notices
to appear for violations of Chapter 13.32 of this Code.
5. The Director of Development Services or his or her designees or City Engineer or
his or her designees are authorized and empowered to issue notices to appear for
violations of the San Bernardino Municipal Code and all other codes incorporated
herein by reference.
6. The City Attorney Investigators are authorized and empowered to arrest and issue
notices to appear for violations of this Code and state statutes pursuant to California
Penal Code Section 836.5; and are authorized upon approval of the Director of Code
Compliance to examine; give notice of, post, secure and abate all nuisances pursuant
to Chapters 15.28 and 8.30 of the San Bernardino Municipal Code.
7. The Director of Animal Control, Animal License Checkers, Animal
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\IR dm [990010A.ORD]
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 9.90.010(A) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO AUTHORITY TO ARREST AND ISSUE CITATIONS
3
Shelter Attendants. and Animal Health Technicians, are authorized and empowered
to issue notices to appear for violations of Title 6, Section 5.04.497, and Section
12.44.070 of the San Bernardino Municipal Code. Animal Control Officers are
empowered to arrest and issue notices to appear pursuant to Section 830.9 of the
California Penal Code.
8. The Director of Code Compliance and his or her designees are authorized and
empowered to issue "Notices to Appear" for violations of the San Bernardino
Municipal Code, and all other codes incorporated herein by reference.
9. The Director of Parks, Recreation and Community Services and his or her
designees are authorized and empowered to issue "Notices to Appear" for violations
of Chapter 12.98.
10. Security guard personnel, who shall be off duty or reserve police officers
employed by the Inland Valley Development Agency ("Agency') pursuant to an
agreement between said Agency and the City of San Bernardino, relating to a security
guard program, and who are under the direct supervision of the City of San
Bernardino Police Department are authorized and empowered to arrest and issue
notices to appear for violations of the Municipal Code for incidents arising on the
fonner Norton Air Force Base property now owned and operated by the Inland Valley
Development Agency bounded on the north by Third Street, on the south by Central
Avenue, on the west by Lena Road, and on the east by Palm A venue.
II. Parking District Security Officers, who shall be retired police officers or reserve
police officers, employed by the Facilities Management Department of the City of
San Bernardino are authorized and empowered to arrest and issue notices to appear
for violations of the provisions of this Code and State statutes pursuant to California
Penal Code Section 836.5.
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5
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8
9
10
II
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13
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12. The San Bernardino Community College Police, who are peace officers as
defined by Section 830.32 ofthe Penal Code, are authorized and empowered to arrest
and issue citations for violations of the provisions of Titles 8 and 9, on or near the
campus of the community college and, on or near other grounds or properties owned,
operated, controlled; or administered by the community college or by the state acting
on behalf of the community college.
13. The California Highway Patrol, who are peace officers as defined by Section
830.2(a) of the Penal Code, are authorized and empowered to arrest and issue
citations for the provisions of this Code.
14. The California State University Police, who are peace officers as defined by
Section 830.2( c) of the Penal Code, are authorized and empowered to arrest and issue
citations for the provisions ofthis Code on or near the campus ofthe University and,
on or near other grounds or properties owned, operated, controlled, or administered
by the University or by the state acting on behalf of the University.
15. The San Bernardino Unified School District Police, who are peace officers as
defined by Section 830.32(b) of the Penal Code, are authorized and empowered to
arrest and issue citations for the provisions of this Code on or near a campus of the
school district and, on or near other grounds or properties owned, operated,
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\lR'dm r990010.~ORDl
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 9.90.010(A) OFTHE SAN BERNARDINO MUNICIPAL CODE RELATI;o..rG
2 TO AUTHORITY TO ARREST AND ISSUE CITATIONS
3
controlled, or administered by the school district,"
4 II
II
5 II
6 II
7 II
II
8 II
9 II
II
10 II
II
II
12 II
13 II
14 II
II
15 II
16 II
II
17 II
18 II
II
19 II
20 II
II
II
22 II
23 II
II
24 II
25 II
II
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II
27 II
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\lR dm [940010A,ORD]
~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 9.90.010{A) OFTHE SAN BERNARDINO MUNICIPAL CODE RELATING
TO AUTHORITY TO ARREST AND ISSUE CITATIONS
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4
meeting thereof. held on the
Common Council of the City of San Bernardino at a
5
.2003. by the following vote, to wit:
_ day of
6
7
COUNCIL MEMBERS: AYES
ESTRADA
LONGYILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
NAYS
ABSTAIN ABSENT
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10
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12
13
14
City Clerk
15
16
,2003.
The foregoing Ordinance is hereby approved this _ day of
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JUDITH Y ALLES, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
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L 1--P~
U
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\lR dm [99001O.-\.ORDj
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.' . CITY OF SAN BERNARDINO :. CITY CLERK'S OFFICE.-'~' >'-,"" '
RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: r/';2 / / t? -'
Resolution/Ordinance No. ,11C l II '('3
-----
<,-hL/()S
4 I
Ayes: /j/ru:l'r, /-/
Abstain, ~
Date Sent to Mayor: if 2-:2.- 0 3 '7
Date of Mayor's Signature: !~/2 ~/[) ..)
Date Summary Sent to Att rney: '2.-
'-I d..c;" Cd
Item No,
;2y
1G2)
/fl?
Ordinance Urgency: Yes
Termination/Sunset Date:
Effective Date:
Absent:
.A-
---t?--
Vote:
Nays:
Date Published:
Meeting Type: C..c,<K.r-A-l;j
Continued FromrT-o & Item No. ",-
Date of Clerk's Signature:
Date Returned from Mayor:
.)
Date Seal Impressed:
:.-::'~~
I
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Rem i nder Letter Sent:
Request for Council Action & Staff Report Attached:
Notes: ifdA.l';~ ~~ - ~3J;:3
. I_l
.
Yes
No
Ready to File:
Date:
DOCUMENT lDC.A TlON::
FORMSIAiIf'da II1em TIKkins Focm. cc Fotm No. 111 . Us!: ugckled: 12.1'04f1996