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. " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject:
Ordinance Adding Section 9.84.040
Relating to Projectiles
Dept: CITY ATTORNEY
Date: October 10,2001
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Synopsis of Previous Council Action:
None.
Recommended motion:
That said Ordinance be adopted.
7.
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes: PMUIO~c\j \\~L~!., 4l:1~
Agenda Iter::lf II
IZ!3/()/
STAFF REPORT
Council Meeting Date: November 5. 2001
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
October 10, 2001
An Ordinance of the City of San Bernardino Adding Section
9.84.040 to the San Bernardino Municipal Code Relating to
Projectiles.
The Police Department is part of a Bureau of Alcohol, Tobacco, and Firearms (BATF)
program to test fire guns that are confiscated during criminal investigations. BA TF is providing the
computer and program. The program is to catalog on a nationwide computer the firing pin
characteristics on the casing of the bullet. The projectiles will also be retained.
In addition to the above program, law enforcement conducts training in various locations in
the City. This training often includes the use of blank ammunition, which is technically a violation
of the Municipal Code.
Currently, the Municipal Code only provides for the discharge of weapons in a shooting
gallery or rifle range with a permit issued by the Mayor and Common Councilor except as
authorized and permitted by law.
In the future, the San Bernardino Police Department would like to construct a water tank
behind the headquarters for firing the weapons. Logistically, this is easier than going to the firing
range. The projectiles would be lost at the range.
This amendment exempts law enforcement officials. This amendment will allow the test
firing of weapons by law enforcement personnel and training with weapons exercises in various
locations in the City.
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I
ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
9.84.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PROJECTILES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Section 9.84.040 of the San Bernardino Municipal Code is hereby added to
7 read as follows:
8 Section 9.84.040
Exemptions.
9 Law enforcement officials, while in the performance of their duties, are exempt from this
10 chapter.
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RLS/js [PROJECTILES.ORD] 1
I
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
9.84.040 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 PROJECTILES.
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
5 _ day of
6 COUNCIL MEMBERS:
,2001, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
7 ESTRADA
8 LIEN
9 MCGINNIS
10 SCHNETZ
11 SUAREZ
12 ANDERSON
13 MC CAMMACK
14
15
16
17
18
19
City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2001.
20
21
JUDITH VALLES, Mayor
City of San Bernardino
22
23 Approved as to form
and legal content:
24
JAMES F. PENMAN
25 City Attorney
26
27
28
RLS/js [PROJECTILES.ORD]
2
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RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: )J. -.3 -0 I
Resolution/Ordinance No. IlJ C - J I 0 <Sf
Effective Date: /-3 - 0 1--
Vote: Ayes: /- 7 M ~
Abstain: .-e;r-
Date Sent to Mayor: 1;;;'/ 'II {; I
I ( J.
Date of Mayor's Signature: 1.;2./'1, tJ I
Date Summary Sent to Attorney:' Iii s 10 I
Date Published: /o/IYCJI ' ,
Meeting Type: ~ - - j.. 1& J" 1., ./
Continued From/To & Item No.
Item No. I (
Ordinance Urgency: Yes
Term i nation/Sunset Date:
Nays: -G-
Absent: . d
Date Returned from Mayor: IJ/t%/
Date of Clerk's Signature: L1I lo/JZ,i.
Date Summary Returned from Attorney:
~
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10/7/{,)/
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Date Seal Impressed:
11/o/n
,
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent
Request for Council Action & Staff Report Attached:
Notes: if~~~ /~~- 1211t/ol
To Whom:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
Yes
./L~
No
Ready to File:
Date:
DOCUWNT lOCA T1ON:
FOItMS(Aatftda 111m Traddnt; fOftft -cc FomI No. Itt_tat l.IIlduId: 12IOtI1".