HomeMy WebLinkAbout23-City Attorney CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: James F. Penman Subject: An Ordinance of the Mayor
City Attorney O R ' j
NALVernardino and Common Council of the City of San
Amending Chapter 9.90 of
Dept: City Attorney's Office the San Bernardino Municipal Code
Regarding Authority to Arrest - Citations.
Date: September 14, 2006
Meeting Date: September 18, 2006
Synopsis of Previous Council Action:
Approved in concept and recommended for adoption by the Legislative Review
Committee on August 22, 2006
Recommended Motion: That said Ordinance be laid over for Adoption
Signature
Contact person: Mariann- Milligan Phone- pxt 5355
Supporting data attached: Staff Report & Resolution Ward• City-Wide
FUNDING REQUIREMENTS: Amount: NIA
Source:
Finance:
Council Notes:
Agenda Item No. .
G/2--/O
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
Chapter 9.90 of the San Bernardino Municipal Code Regarding Authority to Arrest- Citations.
Background:
On August 22, 2006, the Legislative Review Committee approved and recommended for
adoption a new Garbage and Rubbish Ordinance that provides for enforcement of the Ordinance
by any"Officer who has authority to issue criminal or administrative citations pursuant to
Chapters 9.90 and 9.92." At this same meeting, the Legislative Review Committee approved in
concept a companion ordinance to be recommended for adoption that grants a Public Services
Refuse Inspector authority to issue criminal and/or administrative citations to enforce the new
Garbage and Rubbish Ordinance.
The Refuse Department has recently hired a"Refuse Inspector" whose job description includes
enforcement of the new Chapter 8.24. Chapter 9.90 is the Chapter that authorizes certain
personnel to issue criminal citations and Chapter 9.92 provides that the personnel authorized to
issue criminal citations pursuant to Chapter 9.90 are also authorized to issue administrative
citations.
This Amendment to Chapter 9.90 will therefore allow the Public Services Director to designate
the Refuse Inspector to issue criminal as well as administrative citations to enforce the new
Garbage and Rubbish Ordinance.
Recommendation:
That said Ordinance be laid over for Adoption.
COPY
I ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REGARDING AUTHORITY TO ARREST - CITATIONS.
4 WHEREAS,the Mayor and Common Council recently adopted a new garbage and refuse
5 ordinance wherein it is intended that the Department of Public Services Refuse Inspector would
6 have authority to enforce the provisions thereof, and
7 WHEREAS, the Mayor and Common Council desire to authorize and empower said
8 Refuse Inspector or other designees of the Director of Public Services to enforce said garbage and
9 refuse ordinance.
10 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
11 BERNARDINO DO ORDAIN AS FOLLOWS:
12 SECTION 1. Section 9.90.010 of Chapter 9.90 Authority to Arrest-Citations is hereby
13 amended to add a new number 16 of this Code as follows:
14 "16 The Director of Public Services and his or her designees are authorized and
empowered to issue notices to appear and/or administrative citations for
15 violations of Chapters 8.24 and 8.25."
16 SECTION 2. In the event that any provision of this Ordinance,or any part thereof,or any
17 application thereof to any person or circumstance, is for any reason held to be unconstitutional or
18 otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such
19 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part
20 thereof,or any application thereof to any person or circumstance or of said provision as applied to
21 any other person or circumstance. It is hereby declared to be the legislative intent of the City that
22 this Ordinance would have been adopted had such unconstitutional,invalid,or ineffective provision
23 not been included herein.
24
25
26
27
28
.1EG/ed[Garbage.Ord inance.wpd] I
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING AUTHORITY TO ARREST - CITATIONS.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on the_day
5
of , 2006, by the following vote, to wit:
6
Council Members: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
BAXTER
9
VACANT
10
DERRY
11
12 KELLEY
JOHNSON
13
14 MCCAMMACK
15
16 Rachel G. Clark, City Clerk
17 The foregoing Ordinance is hereby approved this _ day of , 2006.
18
19 Patrick J. Morris, Mayor
20 City of San Bernardino
21 A roved as to Form:
22
23 /�es F. Penman, City Attorney
r
24
25
26
27
28
JEG/ed[Garbage.Ord inance.wpd] 2