HomeMy WebLinkAboutMC-1235
Adopted: October 2, 2006
Effective: November 2, 2006
I ORDINANCE NO. MC-1235
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REGARDING NUISANCE VEHICLES.
4 WHEREAS, the Mayor and Common Council recently adopted a new garbage and refuse
5 ordinance; and
6 WHEREAS, Section 8.29.020 refers to sections in the replaced ordinance and require
7 amendment to reflect the new ordinance.
8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
9 BERNARDINO DO ORDAIN AS FOLLOWS:
10 SECTION 1. Section 8.39.020 of Chapter 8.39 Seizure and Forfeiture of Nuisance
II Vehicles is hereby amended to read as follows:
12 Any vehicle used to illegally deposit, discard, dump, andlor place garbage,
rubbish, recyclable discards, or green waste in violation of San Bernardino
13 Municipal Code section 8.24.070(C) is declared a nuisance vehicle, and the
vehicle shall be subject to seizure and forfeiture as provided in this Chapter.
14 "Garbage," "rubbish," "recyclable discards," and "green waste" shall be defined
as set forth in San Bernardino Municipal Code section 8.24.060. Any person,
15 whether as principal or agent, clerk or employee, either for himself or any other
person, or for any body corporate, or as an officer or agent for a corporation, or
16 otherwise, who owns, leases, possesses, conducts, uses or maintains any vehicle
(hereinafter referred to as "Vehicle"), used for any of the purposes or acts set
17 forth in this section is guilty of a nuisance.
18 SECTION 2. In the event that any provision of this Ordinance, or any part thereof, or any
19 application thereof to any person or circumstance, is for any reason held to be unconstitutional or
20 otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such
21 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part
22 thereof, or any application thereof to any person or circumstance or of said provision as applied to
23 any other person or circumstance. It is hereby declared to be the legislative intent of the City that
24 this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision
25 not been included herein.
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J EG/ed(Nuisance V chicles.Ordinance. wpd]
MC-1235
I AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING NUISANCE VEHICLES.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
4 Common Council of the City of San Bernardino at a reg. meeting thereof, held on the2nd day
5 of Oc t. , 2006, by the following vote, to wit:
6 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
7 ESTRADA
----.L
8 BAXTER
9 VACANT
10 DERRY
II KELLEY
12 JOHNSON
13 MCCAMMACK
----.L
x
x
x
----.L
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l~ .' L;? .. l,t;.. ~
t a~hel G. Clar~, City Clerk,
Cj 'Jj:J, i$'lJ,-.JAPclln 0_) l)?f\.\LL
The foregoing Ordinance is hereby approved this 22- day of _October, 2006. .~
IS
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Approved as to Form:
.,/'1
\ t"-1<-'1-
es F. Penman, City Attorney
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JEG/edl Nuisance V chicles. Ordinance. wpd]
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