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HomeMy WebLinkAbout42-City Attorney ^ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , From: JAMES F. PENMAN CITY ATTORNEY Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE, THAT ANY VEHICLE USED TO SOLICIT AN ACT OF PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND IMPOUNDMENT. Dept: CITY ATTORNEY Date: August 6, 2007 M&CC: August 6, 2007 Synopsis of Previous Council Action: March 21, 2005 Ordinance 1192 adopted. Recommended motion: Adopt the Ordinance. ~.zA..,~ Signature Contact person: JAMES F. PENMAN. City Attornev Phone: 5255 Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: Unknown Source: Finance: Council Notes: Agenda Item No. ~:J-- ij&jtJ7 i STAFF REPORT Meetinl!: Date: AUl!:Ust 6. 2006 SUBJECT Repeal Chapter 8.35 of the Municipal Code. BACKGROUND The above Municipal Code Chapter was adopted March 21, 2005 at the request of the Police Department. The purpose of the ordinance was to allow seizure of vehicles used to purchase drugs or to solicit acts of prostitution. The California Supreme Court held on July 26,2007 that a similar ordinance in Stockton was preempted by State law. The effect of the Supreme Court case is to make the City of San Bernardino's ordinance invalid. The above Municipal Code chapter has never been enforced because the Supreme Court granted a hearing in the Stockton case shortly after San Bernardino passed its ordinance. Enforcement was postponed until the Supreme Court ruled on its validity. FINANCIAL IMPACT None. RECOMMENDATION Adopt the Ordinance. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE, THAT ANY 3 VEHICLE USED TO SOLICIT AN ACT OF PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO 4 SEIZURE AND IMPOUNDMENT. 5 6 BERNARDINO DO ORDAIN AS FOllOWS: THE MAYOR AND COMMON COUNCil.. OF THE CITY OF SAN 7 8 III 9 11/ 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 11/ 24 III 25 III 26 11/ 27 III 28 III SECTION 1: Chapter 8.35 of the Municipal Code is hereby repealed. F:\SfMMONS\Police\Ordinance.Chapter 8.35. wpd 1 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE, THAT ANY VEHICLE USED TO SOLICIT AN ACT OF PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND IMPOUNDMENT. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of COUNCIL MEMBERS: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this _ day of ,2007. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney ~-;J..~, J 2