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^ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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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.
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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--
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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.
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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
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28 III
SECTION 1: Chapter 8.35 of the Municipal Code is hereby repealed.
F:\SfMMONS\Police\Ordinance.Chapter 8.35. wpd
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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
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