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HomeMy WebLinkAbout44-City Administrator 'CI+t OF SAN BI!RNARDIt;b - RI!QU.or FOR COUNCIL AC,<;bN From: RAYMOND D. SCHWEITZER City Administrator Subject: Amendment to San Bernardino Municipal Code Section 9.90.010 powers to arrest Dept: ~: February 20, 1987 Synopsis of Pnvious Council ection: 11-17-86 12-08-86 12-22-86 Amendment first introduced to Council. Continued to 12/8/86. First Reading. Referred to the Legislative Review Committee where it has been undergoing language revisions to the present time. Recommended motion: Adopt Ordinance. Contact penon: RAY S...,hw",i tzer Phone: 5122 Supporting data IItt8ched: yes Ward: all FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notal: "711._ft.;ut.., Aaenda Item No ~ ~ el.(:; OF SAN _RNARDICb - RI!QUEOr FOR COUNCIL ~ . STAFF REPORT At the March 3, 1983, Council Meeting, the City Planning Director and Planners were authorized and empowered to arrest and issue citations. The Building Officials have the arrest and citation power via the Uniform Building Code. The City has not experienced any difficulty with the Inspectors having this power. This is because, in the event that physical custody of any violater was required, the Police were called. The Council can be assured that prior to any Inspector being issued a citation book, proper training will be given and department rules and regulations will be issued prohibiting physical arrest by anyone other than a uniformed police officer. Any violation of this rule will result in severe disciplinary action. This amendment was first introduced to Council in November of 1986. Subsequently, it was referred to the Legislative Review Committee where various additions and deletions to the language were recommended resulting in a completely revised section "B" submitted herewith for your approval. 75.0264 2/20/87 o o o 10 ( AUTIlORITY TO ARREST - CITATIONS ,- , I in a regularly licensed and approved shooting gallery or rifle . range for which a permit has been issued by the Mayor and Common Council or except as otherwise authorized and per- mitted by law. (Ord. 2939, 1968; Ord. 821 ~ 2420, 1921.) Chapter 9.90 AUTHORITY TO ARREST - CITATIONS Sections: 9.90.010 Arrest - Citation. ( / 9.90.010 Arrest - Citation. A. Security guard personnel,'who shall be off duty or retired police officers or reserve police officers, employed by the Redevelopment Agency of the City of San Bernardino pur- suant to an agreement between said Agency and the City, relating. to a security guard program, are authorized and empowered to arrest and issue notices to appear for viola- tions of the provisions of Chapters 5.04, 8.15, 9.48, 9.49, 12.44, and Sections 9.12.030 and 10.16.210 for incidents arising in the Central City Mall and public areas in, adjacent to, or immediately surrounding said mall pursuant to Section 836,5 and Chapters 5C and 5D of Part 2, Title 3 (Sections 853.6, et seq.) of the California Penal Code. B. Police Assistants are authorized and empowered to issue Jlotices to appear for violations of any provision of this Code. C. The Planning Director, Principal Planners, Senior Planners, Associate Planners, Assistant Planners and Planning Aides are authorized and empowered to issue notices to appear for violations of Titles 18 and 19 of this Code and for violations of Chapters 8.15, 8.18, 8.21, 8.24, 8.27, 8.33, 8.36, 10.16, and 15.52 of the San Bernardino Municipal Code. (Ord, MC-464, 7-1-85; Ord, MC-404, 8-20-84; Ord, MC-372, 5-21-84; Ord. MC-254, 3-4-83.) ( 570-1 (San Bernardino 9-8S) CC1ITY OF SAN BERQARDINO 0- MEMORANDUI\O To Jack strickler, Chairman REC'O. - AtltWl. Cf;:t:'rom Legislative Review Committee Subject Powers to Arrest, S.B.M.C. S 91~j'PfE!ll~E :',!l ii' tRJIte William Sabourin Assistant City Attorney February 12, 1987 Approved Date 760.3 r/?r Public employees given the power of arrest are given the power to detain a person, pursuant to legal authority for purposes of writing a citation to appear in court. Therefore, the word arrest must be used to confer the power to detain an individual for purposes of issuing a citation. pursuant to your request, Subsection B of Section 9.90.010 has been printed in IIbo1d". The Print Shop Supervisor, Ed Farkas, advises us that when the amendment is incorporated into the Code that it can also be printed in "bold." \ WILLIA Assista WS:1r Attach 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE THE DIRECTOR OF WATER RECLAMATION, ENVIRONMENTAL CONTROL OFFICER AND ENVIRONMENTAL CONTROL TECHNICIANS TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.90.010 of the San Bernardino Municipal Code is amended to read: "9.90.010 Arrest - Citation. A. Pursuant to Sections 836.5, 853.5, and 853.6 of the California Penal Code, the employees as listed in each subsection herein are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the 15 San Bernardino Municipal Code as hereinafter set forth: 16 1. Security guard personnel, who shall be off duty or 17 retired police officers or reserve police officers, employed by 18 the Redevelopment Agency of the City of San Bernardino pursuant 19 to an agreement between said Agency and the city, relating to a 20 security guard program, are authorized and empowered to arrest 21 and issue notices to appear for violations of the provisions of 22 Chapters 5.04, 8.15, 9.48, 9.49, 12.44, and Sections 9.12.030 23 and 10.16.210 for incidents arising in the Central City Mall 24 and public areas in, adjacent to, or immediately surrounding 25 said mall. 26 2. Police Assistants are authorized and empowered to 27 arrest and issue notices to appear for violations of the 28 provisions of this Code. 2/23/87 1 o o o 3. The Planning Director, Principal Planners, Senior Planners, Associate Planners, Assistant Planners and Planning Aides are authorized and empowered to arrest and issue notices to appear for violations of the provisions of Titles 18 and 19 of this Code and for vio~ations of Chapters 8.15, 8.18, 8.21, 8.24, 8.27,8.33, 8.36, 10.16, and 15.52 of this Code. 4. The Director of Water Reclamation, Environmental Control Officer, and Environmental Control Technicians are authorized and empowered to arrest and issue notices to appear for violations of Chapter 13.32 of this code. B. city employees authorized to arrest and issue notices to appear pursuant to this section shall not initiate physical contact with or attempt to take physical custody of violators of the provisions of the San Bernardino Municipal Code. If physical custody of violators of the provisions of the San Bernardino Municipal Code is believed necessary, the employee shall have a police officer respond to evaluate the circumstances and take physical custody of the violator, if appropriate. This subsection shall not apply to security quard personnel employed by the Redevelopment Agency of the City of San Bernardino." 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 , 1987, by the following vote, to wit: 2/23/87 2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 AYES: NAYS: ABSENT: o o o Council Members City Clerk The foregoing ordinance is hereby approved this , 1987. day of Mayor of the city of San Bernardino