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Home My WebLink About34-Police Department ~ -- -- -- -- - -- - .. COUNCIL ACTION CORRESPONDENCE To Donald Burnett Subject Ordinance to Eliminate Chief of Chief of Police Police Approval for Employment of Special Officers Date November 18, 1986 ... Meeting Date November 17, 1986 Agenda Item No. 40 (5) Action The proposed 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, was continued to December 8, 1986. , .' ~.,~--_.__. ,. SC:dc cc: Mayor Wilcox d'I3hAl/ Councilman Jack Strickler, Chairman Sl'f'AUNA CLARK Legislative Review Committee City Clerk City Attorney J ii, ,', \ 31 -.- --- - -- -'---~~"~""- ------ - .... - .. "-"-'/ LEGISLATIVE REVIEW COMMITTEE November 13, 1986 ATTENDEES: Councilman Jack Strickler - Chairman7 Councilman Gordon Quiel, Councilman Jack ReillY7 Assistant City At- torney - Bill Sabourin7 Acting City Administrator Ray Schweitzer7 Public Works Director - Roger Hardgrave7 Police Chief - Donald Burnett7 Police Captain - Mike Lewis7 Police Dept. Records Manager - Gail LindseY7 Fire Chief - Gerald Newcombe 7 Public Services Director - Manuel Moreno7 Water Dept. Manager - Herb Wesse17 Water Dept. Director - Berney KerseY7 Finance Director - Warren Knudson7 Assistant to City Administrator - Susan ChOW7 Mayor's Administrative Assistant Richard Bennecke7 Council Executive Assistant Phil Arvizo7 Principal Planner - Dave Anderson7 Senior Planner Ron Running7 Stubblefield Enterprises Arnold and John Stubblefield7 Wests ide Home OWners' Assoc. - David Lechuga7 Colton School District - Danny Carrasco7 Consultant - Carol Hatch7 American Heart Assoc. - Elizabeth Buser7 American Lung Assoc. Patrick Kudel17 S.B. Co~nty Public Health Dept. George Pettersen and Burton Wilcke7 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. S. ORDINANCE TO ELIMINATE THE REQUIREMENT THAT CHIEF OF j POLICE APPROVE THE EMPLOYMENT OF SPECIAL OFFICERS - The Com- mitt.. mo_.n." app,oval. .b. o,.inance ....n...nt i. 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. -- ~ - - ~- - 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE 3 REQUIREMENT THAT THE CHIEF OF POLICE APPROVE THE EMPLOYMENT OF SPECIAL OFFICERS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 5.12.150 of the San Bernardino 7 Municipal Code is amended to read as follows: 8 "5.12.150 Special officer required - Duties. 9 Each person, firm, corporation or association operating, 10 conducting or carrying on a public dance hall, dancing club, 11 dine and dance club, night club, or public dance under the 12 provisions of this chapter shall employ, at his, her or its own 13 expense, a man and a woman to be designated as special 14 officers, who shall be in attendance at all times that dancing 15 is allowed, permitted or conducted at the establishment for 16 which the license is issued. Each special officer shall, at a 17 minimum, have training in powers of arrest as specified in 18 California Business and Professions Code section 7545.2 and 19 shall possess a guard registration card issued by the Cali- 20 fornia Department of Consumer Affairs Collection and Investiga- 21 tive Services Division. Such special officers shall keep the 22 peace at such dances and shall enforce all laws applicable 23 thereto. " 24 SECTION 2. Section 5.12.160 of the San Bernardino 25 Municipal Code is amended to read as follows: 26 "5.12.160 Licensee - Duties. 27 The licensee shall, upon request of the Chief of Police, 28 direct any special officer in its employ to make a written -1- \ t\4.~" -.' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 foreqoinq ordinance is hereby approved this , 1986. day of Mayor of the City of San Bernardino CITe OF SAN BERNARDltr., - REQUE"'~ FOR COUNCIL ACT'lN From: Donald J. Burnett, Chief of POlicESubject: Special Officer Permits Dept: Police Da~: October 10, 1986 ~ ....----..-- .....:....... .. . Synopsis of Previous Council action: None Recommended motion: That the recommendation of the Chief of Police relative to the omission of certain language found in Sections 5.12.150 and 5.12.160 of the San Bernardino Municipal Code with respect to special officer permits, be referred to the Legislative Review Committee. 9d~~".JL Signat Contact person: Donald J. Burnett. Chief of Police Phone: 5034 Supporting data attached: ves Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 Agenda Item No._ _ ,"'~TY OF SAN BER" ~ ARDINO - MEMORANDUIV To Ray Schweitzer, Acting City Subject Special Officer Permits Acfh!~DJ:.rAl1YfIH. OF'f. 1986 ocr -7 Ilf II. ," . 24 Donald J. Burnett, From Chi ef of Pol ice O,tob" 3, 1986 V t ~~~(yI{ {~ Date Approved Date Currently the Municipal Code deal s 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 office.rs. The language also reveals that the a~proval of the Chief of Pol ice does not attest to the qualffications of individuals and in no 'f!ay applies assumption of liability on the ~rt of the City for. a special officer's actions or failure .to act. It reveals that the sol~ . purpose for requi ring aJijlroval by the Chief of Police is to in_ compliance by the licensee with this chapter* I do not see how the approval of the Chief of Police assures compliance. It only insures toIIPliance for those who appear to obtai" their $plI!C1~1 officer permit which is curruU)lissued. It does not insure COlllpT1"ance for those who do not comply. Al~ 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 check i ng spec i a 1 offi cers at the premi ses where they are work i ng. If they possess the guard registration card issued by the Rureau 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 Pol ice 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 whi ch takes staff time as well as process i ng the i nd i vi dua 1 when the person appears and when the person returns for the speci al offi cer permit. RECOMMENDATION: I recoRlRend that I be allowed to present this ordinance change to the Legislative Review CORIittee for tlletr revie. _ approval. The change includes removing the last sentence from Section 5.12.150 and removing th~enti section numbered 5.12.160. m D n ld J. Burnett, Chief of Police cc: Loren Mcqueen, City Attorney's Office ENTERf AINMENT - DANCES 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. J 2. 130. F. Where an appeal is taken, the order shall be stayed pending a detennination 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. fOrd. MC-294, 8-1-83: Ord. MC-231, 12-20-82: Ord. 3916 9 I (part). 1980: Ord. 2813, 1967: Ord. 2794 (part), 1967; Ord. 763 9 41 (g), I no.) 5.12.150 Special officer required - Duties. Each person. finn. corporation or association operating, conducting or carrying on a public dance hall, dancing club, dine and dance club, night club, or public Jance 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. pennitted 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 shaH, upon request of the Chief of Police, make a written report to the Chief of Police respecting any incident or disturbance at said establish- ment. The 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 infonnation. (Ord. MC-294, 8-1-83.) I . 5.12.160 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 239 (San Bernardino 11.83) BUSINESS LICENSES AND REGULATIONS liability on the part of the City for a special 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 shalI not be pennitted to wear an official police uniform, badge or insignia or any uniform, badge or insignia that may be mistaken for, or confounded with. such official pollce uniform, 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 firearm, wooden club, baton, black jack, sllngshot, 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 compiled with Callfornia Business and Professions Code Sections 7544 through 7547.26. (Ord. MC-294, 8-1-83.) _IIi 5.12.180 Waiver of requirement for special officers. In any case where the Chief of Pollee finds that the preser- vallon of peace. health or morals does not require the atten- dance of special officers in any public dancing hall. dancing club, dine and dance club, night club, or at a publlc dance, as the same are defined in Section 5.12.0 I 0, the Chief of Pollce, 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 publlc dancing hall, dancing club, dine and dance club, night club. or at a publlc dance. Upon demand, the owner or operator of the facUlty required to be llcensed shalI immediately produce and show such written waiver to any person authorized to enforce this section. If, at any time after such waiver has been granted. the Chief of Pollce detennines that the publlc peace, health. or morals requires the attendance of special officers, then the Chief of Pollce shall so notify the llcensee of such establishment in writing, and require the return of the written waiver to his (San Bernardino 1-85) 240 . I . ENTERTAINMENT - DANCES office. Thereafter the special officers shall be required to be in attendance in accordance with the provisions of this chapter. No waiver shall be granted pursuant to the provisions of this section for a period of longer than one year. (Ord. MC407, 9-17-84; Ord. MC-294, 8-l-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 Ii 240-1 (San Bernardino 1-85) ,. 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, firm. 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 slmilar 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, REMOVAL OR CLOSING-OUT SALES' Sections: 5.16.010 Defmitions. 5.16.020 Examination and investigation of records and accounts. 5.16.030 Pennit - Required. 5.16.040 Pennit - 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 Permit - Supplemental to original permit. 5.16.090 Permit - Duration. 5.16.100 Permit - 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 permitted. 5.16.150 Advertising - Permit required. 5.16.160 Exemptions. 5.16.170 Applicability of chapter. 5.16.010 Definitions. A. For the purpose of this chapter only, "rife, removal or 241/245 (San Bernardino 11-83) ~ J