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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman,
City Attorney
Subject: Ordinance of the City of San Bernardino
Amending Chapter 9.90 of the San
Bernardino Municipal Code relating to
Authority to Arrest - Citations
OillGINAL
Dept.: City Attorney's Office
Date: February 25, 1997
Synopsis of Previous Council action:
MC-952 passed on November 6, 1995, amending g9.90.010 by adding subsection 10 security
guard personnel program on the former Norton Air Force Base property and declaring the
urgency thereof.
Recommended motion:
That Council approve the City Attorney's proposal to amend San Bernardino Municipal Code
g9.90.01O to authorize parking control checkers employed by Facilities Management to arrest
and issue notices to appear for violations of the San Bernardino Municipal Code and state
statutes pursuant to Penal Code g836.5
CJillZolm~;,,_
Contact person: Charlene D. Kobrine Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
4/P ~chP"D ~~
t?77 ~~.
Agenda Item No. Is'
3/J/'/7
Tabl.ed
STAFF REPORT
Council Meeting Date: Monday March 3. 1997
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
February 25, 1997
Ordinance of the City of San Bernardino Amending Section 9.90.010 of
the San Bernardino Municipal Code relating to Authority to Arrest
and Issue Citations.
Currently, San Bernardino Municipal Code Chapter 9.90 enumerates the City Departments and
their designated employees that are authorized to issue citations to enforce the San Bernardino
Municipal Code. While parking control checkers employed by Facilities Management are
authorized to issue parking citations pursuant to San Bernardino Municipal Code g 10.16.150,
they are not authorized to issue violations for San Bernardino Municipal Code violations.
Occasionally, while issuing parking citations, parking control checkers are confronted with
unlawful conduct where they observe individuals violating the Municipal Code, but do not have
the authority to issue a citation. As a result, the illegal conduct not only goes unpunished, but
undeterred.
By passing this amendment to Chapter 9.90 of the San Bernardino Municipal Code, parking
control checkers are added to the list of City employees who are empowered to enforce the San
Bernardino Municipal Code.
~ro\LD~
Charlene D. Kobrine
Deputy City Attorney
I
ORDINANCE NO.
2
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
3 SECTION 9.90.010 AUTHORIZING PARKING CONTROL CHECKERS EMPLO D
BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APP AR
4 FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND SATE
STATUTES PURSUANT TO CALIFORNIA PENAL CODE ~ 836.5.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BE~ARDINO
6 DO ORDAIN AS FOLLOWS: l
;;
"
SECTION 1. Section 9.90.010 is hereby amended by adding subsectian II to read as
follows: /
8 T
"9.90.010 Arrest - Citation. I
I'
A. II. The Director of Facilities Management and his/,lier designees
employed as parking control checkers are autl;1.6rized and
empowered to arrest and issue notices to ap~ar for violations
of the provisions of this Code and State sta)l1tes pursuant to
California Penal Code Section 836.5." I'
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18 III
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19 III
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20 III
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22 III
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23 III
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24 III
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26 III
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2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
SECTION 9.90.010 AUTHORIZING PARKING CONTROL CHECKERS EMPLOYED
4 BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR
FOR VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE
5 STATUTES PURSUANT TO CALIFORNIA PENAL CODE ~ 836.5.
6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopteg'by the Mayor
and Common Council of the City of San Bernardino at a , meeting thereof,
7 held on the _ day of , 1997, by the followmg vot", to wit:
8 Council Members:
AYES
ABSTAIN
ABSENT
NAYS
9 NEGRETE
10 CURLIN
ARIAS
II OBERHELMAN
12 DEVLIN
13 ANDERSON
MILLER
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14
15
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" CITY CLERK
,
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THE foregoing Ordinance is hereby approved t!}is _ day of
, 1997
18
19 ApJ'roved as to form
an legal content:
20 JAMES F PENMAN,
21 City At
22 By:
23
24
25
26
27
28
TOM MINOR, Mayor
City of San Bernardino
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