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HomeMy WebLinkAbout28-Police Department CITY -OF SAN BERNQDINO - REQUEST FOI COUNCIL ACTION From: Daniel A. Robbins, Chief of Police Subject: Amendment to Section 10.24.200 of the San Bernardino Municipal Code Dept: Police Data: September 4, 1991 Synopsis of Previous Council action: None Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. Contact person: Robert W. Curtis, Lt. Phone: 384-5770 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: none Source: Finance: Council Notes: 75-0262 Agenda Item No :J.~ ~ CITY-OF SAN BERNQDINO - REQUEST FQ COUNCIL ACTION STAFF REPORT Chief Daniel Robbins requested a legal opinion from City Attorney James Penman if certain provisions of the San Bernardino Municipal Code should be amended to prevent occas i ona 1 inadvertent viol ati on by the Pol ice Department's recently establ i shed and operational bicycle mounted enforcement detail. On August 27, 1991, Mr. Penman issued Opinion No. 91-26 containing his analysis and conclusion. Mr. Penman's analysis focuses attention to San Bernardino Municipal Code Section 10.24.200, sub-paragraph G, which directly relates to bicycles and attempts to prohibit the type of activity which would be required of the bicycle officers in fulfilling their responsibilities. San Bernardino Municipal Code Section 10.24.200, sub-paragraph G, provides in perti- nent part: "It is unlawful for any person to ride upon any bicycle, roller skate, or skates, skateboard, or other kindred contrivance in any municipal parking facility... except a municipal parking facility located in a municipal park or playground." City Attorney Penman has drafted a proposed amendment to Section 10.24.200 of the San Bernardino Municipal Code exempting police officers from certain traffic restric- tions in city parking lots. This amendment would add a sub-paragraph H, which would read; "The provisions of this section shall not apply to a pol ice officer in the performance of his duties". 75.0264 o o 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 10.24.200 OF THE SAN BERNARDINO MUNICIPAL CODE EXEMPTING POLICE OFFICERS FROM CERTAIN TRAFFIC RESTRICTIONS IN CITY PARKING LOTS. 2 3 4 5 6 7 of the San Bernardino Municipal Code to read as follows: 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsect i on His hereby added to Sect i on 10.24.200 "H. The provisions of this section shall not apply to a police 9 10 11 12 13 14 15 officer in the performance of his duties." I HEREBY CERTIFY that the foregoing resolution was duly adopted of the Ci ty of San Bernardi no at a by the Mayor and Common CQunc i1 \ meet i ng thereof, day of he 1 d on , 1991, by the following vote, to wit: ABSENT ABSTAIN NAYS AYES Council Members: ESTRADA 16 REILLY 17 18 19 20 POPE-LUDLAM 21 22 23 24 25 26 HERNANDEZ MAUDSLEY MINOR MILLER Rachel Krasney, The foregoing resolution is hereby approved this , 1991. City Clerk day of 27 28 W.R. "Bob" Holcomb, Mayor Approved to as form and legal content: JAMES F. PENMAN City Attorney lJ ~ h". /J,h/HA'LPH/KiM A /