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HomeMy WebLinkAbout30-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael J. Conrad, Fire Chief Subject: An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest and issue citations. OPt: Fire Date: July 8, 2008 MC/C Meeting Date: July 21,2008 Synopsis of Previous Council Action: RECOMMENDATION: That said ordinance be laid over for final adoption. o 1Ik2.e/f ~,U'~ Signature Contact Person: Michael J. Conrad. Fire Chief Phone: (909) 384-5286 Supporting data attached: StaffReoort and Ordinance Ward: Citvwide FUNDING REQUIREMENTS: Amount: $ Source: (ACCT. No) (Acct. Descrintion) Finance: Council Notes: o Agenda Item No. 30 7..:J 1_0 'i' o STAFF REPORT Subiect: An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding the authority to arrest and issue citations. Backnound: The illegal disposal of hazardous waste within the city is an issue that negatively affects the environment, the health of the public, and the overall appearance of the city. The Fire Department has begun taking positive steps to curb the trend of illegal disposal through the establishment of a Fire Department based Hazardous Materials Investigation. Unit (HMIU). o HMIU will focus on tracking the source of illegally disposed hazardous materials and facilitating legal action against the perpetrators. In order to enforce applicable sections of the Health and Safety Code, Fire Code, and San Bernardino City Municipal Code; Fire Department members who are assigned to the HMIU will need official authority to arrest suspects and issue citations. Therefore, Fire is requesting an amendment to the City of San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest and issue citations to permit HMIU members to enforce during investigations. In addition to the enforcement authority, all members of the HMIU will have successfully completed peace officer training as prescribed in California State Penal Code Section 832, Subd. (a). Financial ImDact: There is no financial impact to the City of San Bernardino. Recommendation: That said ordinance be laid over for final adoption. o 1 " o 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. AN ORDINANCE OF nIE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 9.90.010 OF CHAPTER 9.90 REGARDING AUTHORITY TO ARREST AND ISSUE CITATIONS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. San Bernardino Municipal Code Section 9.90.010, subsection A, of Chapter 9.90 is hereby amended by adding sub-subsection 17 as follows: 9.90.010 Purpose. A. 17. Haz- Mat Investigators employed by the City of San Bernardino Fire -Department are authorized and empowered to inspect, arrest and issue notices to 13 o 14 -=1.5 16 17 18 19 20 21 22 23 24 >lppear for violations of this Code and State of California Penal, Vehicle, Fire, and Health and Safety C06eS,-pursuant to Califernia Penal Code Section 836.5 and California Fire Code Appendix Chapter 1, Section 104. 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 1/1/ 25 1/1/ 26 27 -28 o 7 - ;JI-o ~ ,,00,30 " o 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECnON 9.90.010. OF CHAPTER 9.90 REGARDING 2 AUTHORITY TO ARREST AND ISSUE CITATIONS. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 5 of , 2008, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 BAXTER 9 BRINKER 10 DERRY 11 KELLEY 12 JOHNSON 13 0 MC CAMMACK 14 15 Rachel Clark, City Clerk 16 17 The foregoing Ordinance is hereby approved this _ day of ,2008. 18 PATRICK J. MORRIS, Mayor City of San Bernardino 19 20 Approved as to form: 21 JAMES F. PENMAN, City Attorney 22 By: L<. f.tt---- 23 24 (J 25 26 0 27 28