HomeMy WebLinkAboutMC-1228
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Adopted: July 10, 2006
Effective: August 10, 2006
1 ORDINANCE NO. Me-1228
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
3 CHAPTER 9,96 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
4 ESTABLISHING A PROCEDURE FOR THE DESIGNATION OF CRIME FREE ZONES
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 9.96 is hereby added to the San Bernardino Municipal
8 Code to read as follows:
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CHAPTER 9.96
9.96.010
CRIME FREE ZONES
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Purpose.
11 The purpose of this chapter is to establish a procedure for the designation of crime free
12 zones within the city.
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9.96.020
Definitions. In this section:
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A.
"Disperse" means to depart from the designated crime free zone and not to
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reassemble within the crime free zone with anyone from the group ordered to
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depart for the duration of the zone.
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B.
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"Crime free zone" means an area that is established pursuant to Section 9.96.030.
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"Illegal Drug"has the same meaning as the term "controlled substance" in Section
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11007 of the California Health and Safety Code.
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D.
"Public place" means the public way and any other location open to the public,
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whether publicly or privately owned, including, but not limited to any street,
sidewalk, avenue, highway, road, curb area, alley, park, playground or other public
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ground or public building, any common area of a school, hospital, apartment
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house, office building, transport facility, shop, privately owned place of business
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to which the public is invited, including any place of amusement, entertainment,
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or eating place. Any "public place" also includes the front yard area, driveway,
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and walkway of any private residence, business, or apartment house.
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9.96.030 Procedure for establishing a crime free zone.
A. The city council may declare any area a crime free zone by adopting a resolution
setting forth the boundaries of such area.
B. In determining whether to designate a crime free zone, the city council shall
consider the following:
1. The occurrence of a disproportionately high number of arrests for the
possession or distribution of illegal drug, crimes against property, crimes
against persons, and other violent crimes in the proposed crime free zone;
2. Objective evidence or verifiable information that shows that illegal drugs
are being sold and distributed within the proposed crime free zone; and
3. Any other verifiable information from which the council may ascertain
whether the health and safety of residents who live in the proposed crime
free zone are endangered by the purchase, sale, or use of illegal drugs or
other illegal activity.
Notice of a crime free zone.
9.96.040
Upon the designation of a crime free zone, the city shall mark each block within the crime
free zone by posting the following information in the immediate area, of, and on the borders
around, the crime free zone:
A. A statement that the area has been designated a crime free zone;
B. The boundaries of the crime free zone;
C. A statement of the effective dates of the crime free zone designation; and
D. Any other additional notice to inform the public of the crime free zone.
9.96.050 Remaining in certain places within the Crime Free Zone without consent.
A. It is unlawful for any person, other than a public officer or employee acting within
the course and scope of his or her employment, to enter or remain in any public
place, as defined in this chapter, or private property, without the implied or
express consent of the owner, his or her agent or person in lawful possession
thereof, or with the knowledge that such consent has been withdrawn.
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1 B. Exceptions. This section shall not apply in any of the following instances: (I)
2 where its application is directly related to an act prohibited by the Unruh Civil
3 Rights Act or other law relating to prohibited discrimination against any person
4 on account of sex, color, race, religion, creed, ancestry, or national origin; (2)
5 where its application involves or is directly related to an act prohibited by Section
6 365 of the Penal Code or other law relating to the duties of innkeepers or common
7 carriers; or (3) where the property described in subsection A of this section is
8 owned, leased, or operated by the City or any other public entity and is open to the
9 public and the application of this section would result in an interference or
10 inhibition of the exercise of constitutionally protected right of freedom of speech,
11 provided the exercise of such right does not involve prohibited conduct, including
12 but not limited to conduct prohibited by Section 647 or Section 415 of the Penal
13 Code or any law or ordinance relating to the obstruction of any street, sidewalk,
14 or other public place or place open to the public.
15 C. Any person violating this Section is guilty of a misdemeanor which, upon
16 conviction thereof, is punishable in accordance with the provisions of Section
17 1.12.010 of the Code except that any person violating this section shall be placed
18 on summary probation with the term and condition that they stay away from the
19 Crime Free Zone.
20 9.96.060 Supplemental procedure.
21 The prohibitions set forth in this chapter are supplemental to any similar prohibitions set
22 forth in state law.
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1 9.96.070 Severability.
2 Should any provision, section, paragraph, sentence, or words of this Ordinance be
3 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
4 reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and
5 words of this Ordinance shall remain in full force and effect.
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1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a regular meeting thereof, held on
3 the lOtltlay of July, 2006 the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER X
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MCGINNIS X
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DERRY X
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KELLEY X
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JOHNSON X
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MCCAMMACK X
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~--ck-' };.J. C.(-t<.AJ!L
Rac I G. Clark, City Clerk
The foregoing ordinance is hereby approved this 12 Haay of July , 2006.
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20 Approved as to form:
21 JAMES F. PENMAN,
City Attorney
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