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. CIlC OF SAN BERNARDI(p - REQ\OST FOR COUNCIL AOION
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From: JAMES F. PENMAN Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING TO SECTION
Dept: City Attorney 9.90.010 (A) (5) TO AUTHORIZE THE
DIRECTOR OF BUILDING AND SAFETY
Date: August 11, 1988 AND HIS/HER DESIGNEES TO ISSUE
"NOTICES TO APPEAR", AND (6) TO
AUTHORIZE CITY ATTORNEY lNV~~Tl-
Synopsis of Previous Council action: GATORS WITH THE APPROVAL OF THE
DIRECTOR OF BUILDING & SAFETY TO
ABATE NUISANCES PURSUANT TO CHAPTERS
See related item on regular agenda. 15.28 AND 8.30 OF THE SAN BERNARDINO
MUNICIPAL CODE AND (7) TO AUTHORIZE
THE DIRECTOR OF ANIMAL. CONTROL,
ANIMAL LICENSE CHECKERS, ANIMAL
SHELTER ATTENDANTS AND ANIMAL HEALTH
TECHNICIANS TO ISSUE NOTICES TO
APPEAR FOR VIOLATIONS OF TITLE 6 OF
THE SAN BERNARDINO MUNICIPAL CODE
AND (8) TO AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER AND
HIS/HER DESIGNEES TO ISSUE "NOTICES
TO APPEAR" AND (B) PROVIDING CRIMI-
NAL l:' ~NAL'l' .L~~ r'UK 'l.til:; .LN'l'l:;!U I:;rtJ:ONU:.
Recommended motion: WITH THE PERFORMANCE OF THEIR
AUTHORIZED DUTIES AND (C) TO REVIEW
THIS SECTION TWENTY-FOUR MONTHS
SUBSEQUENT TO ITS PASSAGE.
Waive further reading and layover for final passage.
Contlct perlOn:
Supporting dlt8 .UlChed:
James F. Penman
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Signature
Phone: 5255
W.rd:
FUNDING REaUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Not..:
15-0212
Agenda Item No.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING TO SECTION
9.90.0l0(A) (5) TO AUTHORIZE THE DIRECTOR OF BUILDING AND SAFETY
AND HIS/HER DESIGNEES TO ISSUE "NOTICES TO APPEAR"" AND (6) TO
AUTHORIZE CITY ATTORNEY INVESTIGATORS WITH THE APPROVAL OF THE
DIRECTOR OF BUILDING AND SAFETY TO ABATE NUISANCES PURSUANT TO
CHAPTERS 15.28 AND 8.30 OF THE SAN BERNARDINO MUNICIPAL CODE AND
(7) TO AUTHORIZE THE DIRECTOR OF ANIMAL CONTROL, ANIMAL LICENSE
CHECKERS, ANIMAL SHELTER ATTENDANTS AND ANIMAL HEALTH TECHNICIANS
TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF TITLE 6 OF THE SAN
BERNARDINO MUNICIPAL CODE AND (8) TO AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER AND HIS/HER DESIGNEES TO ISSUE
"NOTICES TO APPEAR" AND (B) PROVIDING CRIMINAL PENALTIES FOR THE
INTERFERENCE WITH THE PERFORMANCE OF THEIR AUTHORIZED DUTIES AND
(C) TO REVIEW THIS SECTION TWENTY-FOUR MONTHS SUBSEQUENT TO ITS
PASSAGE.
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 San Bernardino
Code as hereinafter set forth:
1. Security guard personnel, who shall be off duty
r retired police officers or reserve pOlice officers, employed
the Redevelopment Agency of the City of San Bernardino
to an agreement between said Agency and the City,
elating to a security guard program, are authorized and
mpowered to arrest and issue notices to appear for violations of
he provisions of Chapters 5.04, 8.15, 9.48, 12.44, and Sections
.12.030 and 10.16.210 for incidents arising in the Central City
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1 Mall and public areas in, adjacent to, or immediately surrounding
2 said mall.
3 2. Police Assistants are authorized and empowered to
4 arrest and issue notices to appear for violations of the
5 provisions of this Code and state statutes pursuant to California
6 Penal Code Section 836.5.
7 3. The Planning Director, Principal Planners, Senior
8 Planners, Planners II, Planners I and Planning Aides are
9 authorized and empowered to issue notices to appear for
10 violations of the provisions of Titles 18 and 19 of this Code and
11 8.36, 10.16, and 15.52 of this Code.
12 4. The Director of Water Reclamation, Environmental
13 Control Representative, and Environmental Control Technicians are
14 authorized and empowered to issue notices to appear for
15 violations of Chapter 13.32 of this Code.
16 5. The Director of Building and Safety and his/her
17 desi9nees are authorized and empowered to issue notices to
18 appear for violations of the San Bernardino Municipal Code and
19 all other codes incorporated herein by reference.ft
20 6. The City Attorney Investigators are authorized
21 and empowered to arrest and issue notices to appear for
22 violations of this Code and state statutes pursuant to California
23 Penal Code Section 836.5~ and ~ authorized YRQD approval Qf the
24 Director Qf Buildina and Safetv to examine~ ~ notice of, post,
25 secure and abate all nuisances pursuant 1Q Chapters 15.28 and
26 8.30 Qf ~ R2n Bernardino Municipal ~.
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1 7. The Director of Animal Control, Animal
License
2 Checkers, Animal Shelter At-tendants, and Animal Health
3 Technicians, are authorized and empowered to issue notices
tQ.
4 for violations of Title 6 and Section 12.44.070 of
appear the San
- - -- ---
5 Bernardino Municipal Code. Animal Control Officers empowered
are
6 and issue -notices 830.9
to arrest to appear pursuant to Section
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7 of the California Penal Code.
8 8. ~ Director Works/~
2i. Public Enqineer aM
9 his/her desiqnees are authorized and empowered issue "Notices
to
10 !;Q Appear" for violations of the San Bernardino Municipal Code,
11 and all other codes incorporated herein ~ reference.
12 interferinq -~. obstructinq ~ enforcement
~. Anv person
13 performance of any provision of 1h.i.e Code ~ any 2i. the
or
14 proceedinq authorized person lID2
personnel ~ smy removes smy
15 notice ~ ~ posted
~ an authorized person ~ enters ~
16 and/or
remains in ~ structure posted ~ unsafe unfit f2.t. human
17 occunancv- shall ~ Quilty 2i. ~ misdemeanor,
which upon
18 conviction punishable in accordance
thereof II with ~
19 nrnvisions 2f Section 1.12.010 2f ~ Code.
20
~. Section 9.90.010 of the San Bernardino Municipal ~
21 lI"h"ll ~ reviewed
~ the Mavor and Common Council twentv-!mu:
22 '-he subsequent
to its passage".
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting t~ereof, held on
4 the ___ day of
, 1988, by the
5 following vote, to wit:
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AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
______, 1988.
EVLYN WILCOX, Mayor
City of San Bernardino
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