HomeMy WebLinkAbout40-Council Office
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ATTENDEES: Councilman Jack Strickler - Chairman; Councilman
Gordon Quiel, Councilman Jack Reilly; Assistant City At-
torney - Bill Sabourin; Acting City Administrator Ray
Schweitzer; Public Works Director - Roger Hardgrave; Police
Chief - Donald Burnett; police Captain - Mike Lewis; Police
Dept. Records Manager - Gail Lindsey; Fire Chief - Gerald
Newcombe; Public Services Director - Manuel Moreno; Water
Dept. Manager - Herb Wessel; Water Dept. Director - Berney
Kersey; Finance Director - Warren Knudson; Assistant to City
Administrator - Susan Chow; Mayor's Administrative Assistant
Richard Bennecke; Council Executive Assistant Phil
Arvizo; Principal Planner - Dave Anderson; Senior Planner
Ron Running; Stubblefield Enterprises Arnold and John
Stubblefield; Wests ide Home Owners I Assoc. - David Lechuga;
Colton School District - Danny Carrasco; Consultant - Carol
Hatch; American Heart Assoc. - Elizabeth Buser; American Lung
Assoc. Patrick Kudell; S.B. County Public Health Dept.
George Pettersen and Burton Wilcke; Equity Expansion Inc. -
Murray Guy
1. SPACE PLAN - Item continued. staff to provide a
comprehensive, coordinated plan indicating financing alterna-
tives/sources and schedule.
2. COLTON SCHOOL IMPACTION FEES - The Committee recom-
mended approval of fees as formerly presented.
3. CONDITION WAIVER - JOHN DAY, PARCEL MAP 9939 - Item
continued. City Engineer to contact other cities regarding
small scale undergrounding. A recommended code is to be pur-
sued and brought back to Committee.
4. RESOLUTION AUTHORIZING CITY PERSONNEL ACCESS TO
CRIMINAL INFORMATION HISTORY - Item continued. City Adminis-
trator, City Attorney and police Chief are to explore classes
affected, costs, legality, meet and confer issue, source of
funding and establishment of a review committee and return to
Committee.
5. ORDINANCE TO ELIMINATE THE REQUIREMENT THAT CHIEF OF
POLICE APPROVE THE EMPLOYMENT OF SPECIAL OFFICERS - The Com-
mittee recommended approval. The ordinance amendment is at-
tached.
6. ORDINANCE TO AUTHORIZE DIRECTOR OF WATER RECLAMA-
TION, ENVIRONMENTAL CONTROL TECHNICIANS TO ISSUE NOTICES TO
APPEAR FOR VIOLATIONS OF MC CHAPTER 13.32 The Committee
recommended approval of items A & B. Ordinances attached.
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7. ORDINANCE AUTHORIZING ABATEMENT OF EXCESSIVE VEGE-
;( TATION GROWTH AND INADEQUATELY MAINTAINED LANDSCAPING AS A
(}I~~ PUBLIC NUISANCE - Item continued for 30 days to allow staff
time to review the abatement process and means of enforce-
\ ment.
8. ORDINANCE TO PERMIT AUTOMOBILE SALES AGENCIES IN THE
~ C-l NEIGHBORHOOD COMMERCIAL DISTRICT SUBJECT TO CERTAIN PRO-
J VISIONS - Item continued. City Attorney will "clean up"
,~ wording of the ordinance and return to Committee.
9., 10. & 11. - SINGLE FAMILY DWELLINGS IN FOOTHILL
AREAS - Continued to November 20 meeting. Planning staff
will provide scenario on transfer incentives "from-to"
methods used in other locations and selling rights informa-
tion. staffs <Building & Safety, Planning, Engineering> will
provide a 250 unit project example and identify all associa-
ted costs and fees - what can be waived and what can't.
12. PROPOSED CLEAN INDOOR AIR ORDINANCE - The Committee,
after extensive discussion, recommended issue be forwarded to
Council to set Public Hearing at 3:00 p.m., December 8, 1986.
13. ORDINANCE TO RESTATE PROVISIONS OF EXEMPTION FROM
THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS
WITHIN AND OUTSIDE THE HIGH FIRE HAZARD AREA - The Committee
recommended approval of the attached ordinance.
Meeting adjourned.
Respectfully submitted,
()(~d~
~~man Jack Strickler
cliai rman
Legislative Review Committee
JS:jv
Attchs.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE
REQUIREMENT THAT THE CHIEF OF POLICE APPROVE THE EMPLOYMENT OF
SPECIAL OFFICERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.12.150 of the San Bernardino
Municipal Code is amended to read as follows:
"5.12.150 Special officer required - Duties.
Each person, firm, corporation or association operating,
conducting or carrying on a public dance hall, dancing club,
dine and dance club, night club, or public dance under the
provisions of this chapter shall employ, at his, her or its own
expense, a man and a woman to be designated as special
officers, who shall be in attendance at all times that dancing
is allowed, permitted or conducted at the establishment for
which the license is issued. Each special officer shall, at a
minimum, have training in powers of arrest as specified in
California Business and Professions Code Section 7545.2 and
shall possess a guard registration card issued by the Cali-
fornia Department of Consumer Affairs Collection and Investiga-
tive Services Division. Such special officers shall keep the
peace at such dances and shall enforce all laws applicable
thereto."
SECTION 2. Section 5.12.160 of the San Bernardino
Municipal Code is amended to read as follows:
"5.12.160 Licensee - Duties.
The licensee shall, upon request of the Chief of Police,
direct any special officer in its employ to make a written
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report to the Chief of Police respectinq any incident or
disturbance at said establishment."
I HEREBY CERTIFY that the foreqoinq ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meetinq thereof, held on
the
day of
, 1986, by the followinq vote, to
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
City Attorney
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,_~/Ii-fCITY' OF-SAN BEBNARDINO -
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MEMORANDU~
'.J.
Donald J. Burnett,
From Chief of Pol ice
To Ray Schweitzer, Acting City Administrator
Subject Sped a I Offi cer Permits
Date October 3,
19~
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Approved
Date
Currently the Municipal Code deals with special officers in Sections
5.12.150 through 5.12.190. It is my desire to omit some language found
in Sections 5.12.150 and 5.12.160.
That language requires the Chief of Police to approve persons as special
officers. The language also reveals that the approval of the Chief of
Police does not attest to the qualifications of individuals and in no
way app 1 ies assumpt i on of 1 i abi I i ty on the pa rt of the Ci ty for a
special officer's actions or failure to act. It reveals that the sole
purpose for requi ring approval by the Chief of Pol ice is to insure
compliance by the licensee with this chapter.
I do not see how the approval of the Chief of Police assures compliance.
It only insures compliance for those who appear to obtain their special
officer permit which is currently issued. It does not insure compliance
for those who do not comply. All special officers by this ordinance are
required to have the minimum training as provided for in the California
Business and Professions Code, Section 7544.2 and possess a guard
registration card issued by the California Department of Consumer
Affairs Collection and Investigative Services Division. In my opinion,
they have qualified the individual by issuing the individual a guard
registration card. We have the abil ity to enforce this ordinance by
checking special officers at the premises where they are working. If
they possess the guard registration card issued by the Bureau of
Consumer Affairs, then they comply with the ordinance. If they do not,
then their employer is in violation of this ordinance.
As I examine the Police Department's procedures, I intend to seek
optimum efficiency and effectiveness by eliminating redundancy and
streamlining activities. The Police Chief's approval of special
officers is redundant and unnecessary. We handl e approximately 30
persons per year for this task and receive no fees other than those fees
we collect for the Department of Justice. We do an unnecessary
background which takes staff time as well as processing the individual
when the person appears and when the person returns for the special
officer permit.
RECOMMENDATION:
I recorrrnend that I be allowed to present this ordinance change to the
Legislative Review Committee for their review and approval. The change
Includes removing the last sentence from Section 5.12.150 and removing
t~henti section numbered 5.12.160.
tJ1
D n ld J. Burnett"
Chi ef of Pol ice
cc: Loren McQueen, City Attorney's Office
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ENTERTAINMENT - DANCES
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fifteen days after personal service of such order, or
seventeen days after the order is deposited in the course of
transmission in the United States mail. files an appeal from
the order in the manner set forth in Section 5. ) 2.130.
F, Where an appeal is taken, the order shall be stayed pending
a determination thereon by the Mayor and Common
Council which shall act upon the same in the manner set
forth herein. Such determination shall be final and
conclusive.
(Ord. MC-294, 8-1-83: Ord. MC-231, 12-20-82: Ord. 3916 ~ I
(part). 1980: Ord. 2813. 1967: Ord. 2794 (part). 1967: Ord.
763 ~ 41 (g), 1920.)
.
5,12.150 Special officer required - Duties.
Each person, firm, corporation or association operating,
conducting or carrying on a public dance hall. dancing club,
dine and dance club. night club, or public dance under the
provisions of this chapter shall employ. at his. her or its own
expense, a man and a woman to be designated as special
officers. who shall be in attendance at all times that dancing is
allowed, permitted or conducted at the establishment for which
the license is issued, Each special officer shall. at a minimum,
have training in powers of arrest as specified in California
Business and Professions Code Section 7544.2 and shall possess
a guard registration card issued by the California Department of
Consumer Affairs Collection and Investigative Services Division.
Such special officers shall keep the peace at such dances and
shall enforce all laws applicable thereto. and shall. upon request
of the Chief of Police, make a written report to the Chief of
Police respecting any incident or dis'turbance at said establish.
ment(!:he employment of the special officers shall be subject
to the approval of the Chief of Police, who shall require the
furnishing of the special officers' names and addresses. their
previous felony and misdemeanor convictions and any addi- ,
tional relevant informatioil.\Ord. MC-294, 8-1-83.)
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S'.i 2.160 Approval of special officers - Nonliability of City,
The approval of the Chief of Police of the employment of a
special officer is not an approval of his or her qualifications to
serve in such capacity and in no way implies any assumption of
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(San Bernardino 11..83)
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BUSINESS LICENSES AND REGULATIONS
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liability on the part of the City for a !pecial officer's acts or
failure to act, The sole purpose for requiring approval by the ·
Chief of Police is to insure compliance by the licensee with this '
chapter. (Ord. MC-294, 8-1-83: Ord, 3484 (part), 1975: Ord.
2794 (part). 1967; Ord. 763 ~ 41(i). 1920.)
5.12.170 Special officers - Unifonn and insignia regulation.
A special officer shall not be pennilled to wear an official
police unifonn. badge or insignia or any unifonn, badge or
insignia that may be mistaken for, or confounded with. such
official police unifonn. badge or insignia, A special officer who
is.not in officially approved unifonn shall not possess any type
of badge, or other type of special officer identification except
as issued or approved by the Chief of Police. A special officer
shall not carry or have in his or her possession a fireann.
wooden club. baton. black jack. slingshot. billy, sandclub,
sandbag. sawed off shotgun. metal knuckles. dirk. dagger. or
tear gas weapon as defined in Penal Code Section 12402. except
when required by the rules and regulations of the Police Depart-
ment, or when the special officer has complied with California
Business and Professions Code Sections 7544 through 7547.26.
(Ord. MC-294. 8-1-83.)
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5.12.180 Waiver of requirement for special officers.
In any case where the Chief of Police fmds that the preser-
vation of peace. health or morals does not require the allen-
dance of special officers in any public dancing hall, dancing
club, dine and dance club. night club. or at a public dance. as
the same are defmed in Section 5.12,010. the Chief of Police. in
the exercise of his or her discretion. is authorized to waive the
requirement for special officers. Any such waiver shall be in
writing and shall be maintained on the premises of such public
dancing hall. dancing club. dine and dance club. night club, or
at a public dance. Upon demand, the owner or operator of the
facility required to be licensed shall immediately produce and
show such wrillen waiver to any person authorized to enforce
this section. If. at any time after such waiver has been granted.
the Chief of Police detennines that the public peace. health. or
morals requires the allendance of special officers. then the
Chief of Police shall so notify the licensee of such establishment
in writing, and require the return of the wrillen waiver to his
(San Bemudino I-8S)
240
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ENTERTAINMENT - DANCES
office. Thereafter the special officers shall be required to be in
attendance in accordance with the provisions of this chapter.
:\0 waiver shall be granted pursuant to the provisions of this
section for a period of longer than one year, (Ord. MC-407,
9-17-84; Ord. MC-294, 8-1-83,)
5.12.190 Previous law enforcement experience required _
When for special officers.
The Chief of Police may require, in special instances when
law enforcement problems may be reasonably anticipated,
that the special officers be persons with previous law
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(San Bernardino 1-85)
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FIRE, REMOVAL OR CLOSING-OUT SALES
enforcement experience and with current certificate, as
specified in Section 5,12,010 subsection F. In such event, the
Chief of Police shall notify the licensee of such requirement in
writing. (Ord. MC-294, 8-1-83.)
5.12.200 Hours: dancing prohibited during.
It is unlawful for any person, flfJll, corporation or associa-
tion or association of persons to operate. conduct or carry on
a public dance, public dance hall. dancing club, dine and dance
club, night club or similar establishment between the hours of
two a.m. and eight a.m. of anyone day; provided. however, that
the restriction herein imposed applies only to permitting or
allowing the public to dance and to the providing of entertain-
ment of any sort other than mechanical music between such
hours and is not deemed to prevent or make unlawful the
serving of meals or refreshments between such hours. (Ord,
MC-294,8-1-83.)
Chapter 5,16
FIRE. RE.\10V AL OR CLOSING-OUT SALES'
Sections:
5,16,010 Defmitions.
5,16,020 Examination and investigation of records and
accounts.
5.16,030 Permit - Required,
5.16.040 Permit - Application - Fee,
5.16,050 Permit - Application - Endorsement - Record
to be kept, '
5.16.060 Permit - Application - False statements,
5.16.070 Permit -Issuance.
5.16,080 Pennit - Supplemental to original pennit,
5.16,090 Pennit - Duration,
5,16.100 Pennit - Revocation - Grounds and procedure,
5.16.110 Removal of goods - Loss of identity.
5.16,120 Certain goods not to be sold.
5,16,130 Purchase of goods prior to sale.
5.16.140 Addition to stock not pennitted.
5.16,150 Advertising - Pennit required.
5.16,160 Exemptions.
5,16,170 Applicability of chapter,
5,16,010 Definitions.
A, For the purpose of this chapter only, "fire, removal or
241{245
(San Bernardino 11.831
cr:y OF SAN BERNARC':IO
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- REQU~;T FOR COUNCIL AC.~_.ION
From: Bernard C. Kersey, Ex-<lfficio Secretary Subject: Am.mdm.mts to S..ctions 9.90 and Chapter
13.32 of the San B..rnardino Municipal Cod..
Dept: Board of Water Commissioners
Date: Oc tob..r 30, 1986
Synopsis of Previous Council action:
None
Recommen-:led motion:
1, Adopt Ordinance amending Chapt..r 13.32 of th.. San Bernardino
Municipal Code to bring the City in compliance with Federal
requirements.
2, Adopt Ordinance amending Section 9,90,010 of the San Bernardino
Hunicipal Code to authorize the Director of Water Reclamation,
Environmental Control Off icer and Environmental .Control Technicians
to issue Notices to Appear for violations of Chapter 13,32 of the
San Bernardino Municipal Code,
Signatu e
Contact person:
Bernard C. Kersey
Phone:
383-5393
Supporting data attached: Yes
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
NIA
Finance:
Council Notes:
75.0262
Agenda Item No
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CITY OF SAN BERNARDIN~O - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Water Department staff have prepared amendments to Chapter 13.32 of the
Municipal Code, which regulates Wastewater Facilities and Section
9.90.010 of the Municipal Code to authorize certain individuals to issue
citations for violation of Chapter 13.32 of the Municipal Code. The
amendments have been developed to meet requirements of the Environmental
Protection Agency's (EPAl Pretreatment Program for Publicly Owned Treat-
ment Works. The EPA recently completed an audit of our program and noted
deficiencies within our existing ordinances. The amendments proposed for
adoption will bring our program into, compliance with Federal require-
ments.
The recommended amendments are as follows:
Amend Chapter 9.9 of the Municipal Code to authorize the Director
of Water Reclamation, Environmental Control Officer, and Environ-
mental Control Technicians to arrest and issue citations for
violations of Chapter 13.32 of the Municipal Code.
Amend various sections of Chapter 13.32 to:
1) Define "pass through" discharge which is a discharge that
passes through the treatment which cannot be treated.
2) Revise the lower limit of pH value from 6.0 to 5.0.
3) Add "pass through" pollutants as an unlawful discharge.
4) Revise the limits of maximum Increments of individual discharge
by removing the phrase "discharges exceeding fifty gallons".
5) Revise reporting requirements in Section 13.32.120 to call for
mare specific reporting requirements prior to issuance of a
permit and to revise reporting requirements in the event
pretreatment equipment or compliance schedules are required.
6) Revise Section 13.32.130 to provide that non-domestic dis-
chargers shall provide copies of all records pertaining to
process plant or wastewater producing operations to the
Director of Water Reclamation when requested, and set forth the
confidentiality of such records.
7)
Revise Section 13.32.210 to authorize the Board
Commissioners to establish industrial wastewater
permit fee and monitoring fees.
of Water
discharge
8) Revise Section 13.32.320 to establish the fines for violating
provisions of Chapter 13.32. The fines recommended are: First
violation $300.00; second violation $400.00; and each
additional violation within one year - $500.00.
The proposed amendments were reviewed and approved the the Board of Water
Commissioners at their regular meeting held October 21, 1986.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
13.32 OF THE SAN BERNARDINO MUNICIPAL CODE TO BRING THE CITY
IN COMPLIANCE WITH FEDERAL REQUIREMENTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 13.32.050 Subsection A of the San
Bernardino Municipal Code is amended by adding Paragraph 20
to read as follows:
"20. 'Pass through' means the discharge of pollutants
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through the wastewater treatment facilities into navrqat~,;
waters in quantities or concentration which
are a cause ot:;
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or significantly contribute to, a violation of any
requirement of the treatment works National Pollution
Discharge Elimination System permit."
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SECTION 2. Section 13.32.080 Subsection J of the San
Bernardino Municipal Code is amended to read as follows:
"J. Any pollutant which causes or may cause corrosive
structural damage to the wastewater facilities, but in no
case discharges with pH lower than 5.0 nor greater than 9.0;"
SECTION 3. Section 13.32.080 Subsection N of the San
Bernardino Municipal Code is amended to read as follows:
"N. Any substance or material which causes or which may
cause chemical imbalance in the wastewater treatment
procedures, processes or reactions, or which adversely
affects, changes or disrupts any operation or function of the
public sewer and/or wastewater treatment facilities by any
means. Pollutants introduced into the wastewater treatment
facilities by a non-domestic source shall not pass through
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the wastewater treatment facilities or interfere with the
operation or performance of the works."
SECTION 4. section 13.32.090 of the San Bernardino
Municipal Code is amended to read as follows:
"13.32.090 Limits of maximum increments of individual
discharges.
No individual discharge of wastewater shall be
discharged to a pUblic sewer if the maximum increments of the
constituents over those in the water supply exceed the
following limits.
Constituent
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Concentration (mg/l) ,.,,." ':,' >~~~:.
Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
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300
90
90
60
1.0
1.5
100"
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SECTION 5. Section 13.32.120 Subsection C Part (4) of
the San Bernardino Municipal Code is amended to read as
follows:
"(4) baseline monitoring information, self-monitoring
reports and compliance schedule reporting information, if
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required, shail be forwarded to the Director prior to
issuance ot,...permit...
SECTION 6. Section 13.32.120 Subsection C Part (5) of
the San Bernardino Municipal Code is amended to read as
follows:
"(5) in the event that installation of pretreatment
equipment or compliance schedules are established prior to
the issuance of a permit, the applicant shall provide a
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compliance summary or report for approval, maintain periodic
compliance reports and a final compliance report prior to
permit approval and issuance."
SECTION 7. Section 13.32.130 Subsection E of the San
Bernardino Municipal Code is amended to read as follows:
"E. The Director shall inspect the facilities of any
user to ascertain whether the purpose of this chapter is
being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created
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or discharged shall allow the Director ready access" at ,.11,'...
reasonable times to all parts of the premises for the purpose
of inspection, sampling or records examination. Copies of'
all records pertaining to process plant or wastewater
producing operations shall be made available to the Director.
In the event of a propriotory process or operation, the
records will be treated as confidential in accordance with
the established confidentiality procedures at the treatment
works. The Director shall have the right to set up on the
user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force
which would require proper identification and clearance
before entry into the premises, the user shall make all
necessary arrangements with its security guards so that upon
presentation of suitable identification, personnel from the
City will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities."
SECTION 8. Section 13.32.210 of the San Bernardino
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Municipal Code is amended to read as follows:
"13.32.210 Charges - Industrial wastewater discharge
permit.
All industrial wastewater discharges shall be required
to pay either on industrial wastewater discharge permit fee
and monitoring fees, or a nondomestic wastewater discharge
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inspection fee. The amount of these fees shall be
established by resolution of the Board."
SECTION 9. Section 13.32.320 Subsection A of the San
10 "
Bernardino Municipal Code is amended to read as follows: "
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"A. Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction, which
upon conviction thereof is punishable by a fine not exceeding
one hundred dollars for a first violation; a fine not
exceeding two hundred dollars for a second violation thereof
within one year; and a fine not exceeding five hundred
dollars for each additional violation thereof within one
year.
Upon conviction of a fourth violation thereof within
one year, the violator is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 Subsection A of this code."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
the
meeting thereof, held on
, 1986, by the following vote, to
day of
wit:
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AYES:
NAYS:
ABSENT:
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Council Members
City Clerk
The foregoing ordinance is hereby approved this
day of
, 1986.
Approved as to form:
Mayor of the City of San Bernardino
city Attorney
,
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
V.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE
THE DIRECTOR OF I~ATER 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, 853.54, and 85j':'6"Of":the
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California Penal Code, the employees as listed in each:sub-
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section herein are authorized and empowered to arrest'and issue
notices to appear for violations of the provisions of the San
Bernardino Municipal Code as hereinafter set forth:
1. 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
pursuant to an agreement between said Agency and the City,
relating to a security guard program, are authorized and a~-
powered to arrest and issue notices to appear for violations 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 imme-
diately surrounding said mall.
2. Police Assistants are authorized and empowered
to arrest and issue notices to appear for violations of the
provisions of this Code.
3. The Planning Director, Principal Planners, Senior
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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 violations 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 ~npowered to arrest and issue notices to appear
for violations of Chapter 13.32 of this code.
B. For any defense which is only an infraction, no such
public employee shall arrest a person unless the arrestee
refuses to present identification or refuses to sign a written'
promise."
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
, 1986, by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing ordinance is hereby approved this
day
2 of
, 1986.
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Mayor of the C1ty of San Bernard1no
Approved as to form:
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8 City Attorney
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I
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
18.40.160 SUBSECTION C PARAGRAPH 1 OF THE SAN BERNARDINO MUNICIPAL
3 CODE TO PROVIDE PROVISIONS OF EXEMPTION REQUIREMENTS FROM THE TWO
STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS OUTSIDE THE
4 HIGH FIRE HAZARD AREA; AND REPEALING SECTION 18.40.160 SUBSECTION
C PARAGRAPH 2.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Section 18.40.160 Subsection C Paragraph 1 of the
8 San Bernardino Municipal Code is amended to read:
9 "1. Property outside the high fire hazard area.
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a. Upon a specific finding that the public health,
II safety, and welfare in the event of flood, fire or other emergency
12 0 not require both of such routes, under the circumstances of
13 that particular application, the Fire Chief may approve any such
14 ap with only one standard access where the property is outside
15 the high fire hazard area, and based on appropriate traffic
16 analysis, secondary access is not required for traffic circulation
17 urposes; or
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b. An existing street provides only one standard route
19 for ingress and egress, not more than two thousand feet of street
20 extension is required, and the parcel map creates not more than
21 two residential lots, one of which the applicant represents will
22 be occupied as his or her primary place of residence."
23 SECTION 2. Section 18.40.160 Subsection C Paragraph 2 of the
24 an Bernardino Municipal Code is hereby repealed.
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 adopted by the Mayor and Common Council of the City of San
27 ernardino at a
28 n the day of
meeting thereof, held
, 1986, by the following
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Approved as to form:
16 City Attorney
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Mayor of the City of San Bernardino
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