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HomeMy WebLinkAboutMC-460 I[ .. <,11, . Ii 'A-.... ' ,. -&.. . ' ' ,;At ,., . . " ... ".... 1 ORDINANCE NO. 11C-460 2 ORDINANCE OF THE CITY Of SAN BERNARDINO AMENDING VARIOUS C:IAPTER8 OF THE SAN BERNARDINO MUNICIPAL CODE TO RFFi':RENCF: 3 mSm\il~ANOR AND INFRACTION PENALTIES TO CHAPTER 1.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GENERAL PZNALTY, TO SPECIFY 4 THAT CERTAIN CODE VIOLATIONS ARE flNLAHFUL, AND TO M1END CHAPTERS TO HAKf<: VIOLATIONS INFRACTIONS. 5 Tim MAYOR AND CmlMON COUI'ifCIL OF T!m CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOH'): 7 SECTION 1. Cha)Jter 2.12 of the San Bernardino Municipal 8 Code is amended to read: 9 "CHAPTE~. 2.12 10 nRE DEPARTt1ENT 11 2.12.010 Appointment of Fire Chief. 12 The J:1ayor shall appoint, '.'i th the approval of the Board of 13 Fire Commissioners and subject to the confirmation of the Common 14 Council, a Fire Chi0f. The position requir~s exceptional 15 qualifications of a scientific, managerial, professional and 16 educational character. 17 2.12.020 Duties of Fire Chief. 18 The Fire Chief shall have the general ml1nap;ement and 19 Isupervision over the Fire Department, under the regulations and , I Idirections of the Mayor and Common Council. I I 2.12.030 Ilprovisions. il , iI I'Fire Department may enforce the provisions of Sections 5.:?8.010, [0.34.010, 8.B4.020, 9.52.070, 9.56.010, 9.84.010, 12.36.020, il12.L~4..010, 12.MI.O?0, l?.52.OJ.IJ, and Chapters'i.6/!, 9.0n, 9.12, <j :1 iiIZ.ZO, 15.16 and 16.16 and Title 6 of this Code and are II Ii lauthorized to perform any act, includinry the preparation and I I 20 21 Authority of Fire Chief to enforce Code 22 23 The Fire Chief and his or her designated subordinates in the 24 25 26 27 28 , ' Mll-460 I. . I' ~ Or " o , ..- ~ 1 issu8nce of ~'Irj,tten notices to appear for violations thereof, 2 under and pursuant to Section 836.5 and Chapters 5C and 5D of 3 Part 2 Title 3 (commencing with Section 853.6) of the Penal Code 4 of the state of California. 5 2.12.040 Preservation of order at fires. 6 The Fire Chief shall, to the best of his or her ability, 7 preserve order at all fires, and shall, whenever proper or 8 , Inecessary, call upon the Chief of Police or any other peace I lofficer to preserve order and make arrests, and to prevent I iinterference with his or her orders or with the members of the I !llepar tmen t . I ' 9 10 11 12 2.12.050 Liability of City. 13 No 1 iabiI ity shali be incurred by the Ci ty on account of the Department, except sl1ch as shall be incurred or approved by 14 I Fire 15 the Mayor and Common Council." 16 SECTION 2. Section 2.28.020 of the San Bernardino Municipal 17 Code is amended to read: 18 "2.28.020 Violation - Penalty. 19 It is unlawful for any person, firm or corporation to 20 I,iolate any of such rules or regulations, and any person, firm or forporation violating any such rule or regulation is guilty of an linfraction, which upon conviction thereof is punishable in ~ccordance with the provisions of Section 1.12.010 of this Code." , I SECTION 3. Section 2.38.120 of the San Bernardino Municipal 'Ir, ode is amended to read: I, "2.38.120 Impersonation prohibited. [I: It is unlawful and an infraction, punishable in accordance ~ ith Section 1.12.010 of this Code, for any person, not a member , 21 22 23 24 25 26 27 28 2 C-46b , ~ ),' . '! c . . . ". 1 of the reserves: 2 A. To wear, carry, or display a reserve identification 3 card, badge, cap piece, or insignia; 4 B. In any manner to represent himself or herself to be 5 connected with the reserves." 6 SECTION 4. Section 3.41~.150 of the San Bernardino Municipal 7 Code is amended to read: 8 "3.44.150 Violation.- Penalty. 9 Any person violating any provision of this chapter is guilty 10 of an infraction, which upon conviction thereof is punishable in 11 accordance with the provisions of Section 1.12.010 of this Code." 12 SECTION 5. Section 3.52.150 Subsection A of the San 13 Bernardino ~1llnicipal Code is amended to read: 14 "A. Any person violating any provision of this chapter is 15 guilty of a misdemeanor, which upon conviction thereof is 16 punishable in accordance with the provisions of Section 1.12.010 17 of this Code." 18 SECTION 6. Section 3.60.120 Subsection A of the San 19 Bernardino Municipal Code is amended to read: 20 "A. Any person violating any provision of this chapter is 21 guilty of a misdemeanor, which upon conviction thereof is 22 punishable in accordance with the provisions of Section 1.12.010 23 of this Code." 24 SECTION 7. Section 5.04.355 of the San Bernardino Municipal 25 Code is amended to read: 26 "5.0lL355 Astrology, palmistry, phrenology, etc. 27 The following activities are unlawful: conducting, engaging 28 in or the carryi.ng on, practicing or professing to practice, by 3 1C-460 . !I I' .' , ' . , , a , '. I any person, of the activity or business of astrology, palmistry, 2 phrenology, life-reading, fortune-telling, cartomancy, 3 clairvoyance, clairaudience, crystal-gazing, mediumship, 4 prophesy, augury divination, magic or necromancy, or by one who 5 seeks or receives a fee for the exercise or exhibition of the 6 above activity directly or indirectly, either as a gift, donation 7 or otherwise, or who gives an exhibition thereof at any place 8 where an admission fee is charged; provided, that the provisions 9 of this article do not apply to any person conducting or 10 participating in any religious ceremony or service when such II person holds a certificate, ordination or endorsement as a 12 medium, healer, or clairvoyant from any bona fide church or 13 religious association having branches or churches in other states 14 and communities and which has a creed or set of religious 15 principles that is recognized by all of such churches or 16 branches; provided further, that the fees, gratuities, emoluments 17 and profits thereof shall be regularly accounted for and paid 18 solely to or for the benefit of said church or religious 19 association." 20 SECTION 8. Section 5.04.360 Subsections A, fl, C and D of 21 the San Bernardino Municipal Code are amended to read: 22 "A. It is unlawful for any person to solicit to street or 23 sidewalk traffic, by any means, the sale of any tangible personal 24 property or the employment of any services or facilities upon any 25 sidewalk or parkway adjacent to or a part of the congested 26 streets as defined in Subsection E of this section. 27 B. It is unlawful for any person to sell to street or 28 sidewalk traffic any tangible personal property or any services 4 C-460 , . , , . . '. I or facilities upon any sidewalk or parkway adjacent to or a part 2 of any of the congested streets as defined in Subsection E of 3 this section. 4 C. It is unlawful for any person to have, bear, wear or 5 carry upon any sidewalk or parkway adjacent to or a part of any 6 of the congested streets as defined in Subsection E of this 7 section any advertising banner, flag, board, sign, transparency, 8 wearing apparel or other device, any of which has an area greater 9 than fourteen square inches, commanding, publishing, announcing, 10 or calling attention to any goods, wares, merchandise, or II commodities, or to any place of business, occupation, show, 12 exhibition, entertainment or event. 13 D. It is unlawful for any person to beg, ask for, solicit, 14 or receive alms for his or her own benefit upon any sidewalk or IS parkway adjacent to or a part of any congested street as defined 16 in Subsection E of this section." 17 SECTION 9. Section 5.16.030 of the San Bernardino 18 Municipal Code is amended to read: 19 "5.16.030 Permit - Required. 20 It is unlawful for any person to advertise, represent or 21 hold out that any sale of goods, wares and merchandise is a fire, 22 removal or close-out sale unless he or she has first obtained a 23 permit to conduct such sale from the Mayor and Common Council." 24 SECTION 10. Section 5.16.060 of the San Bernardino 25 Municipal Code is amended to read: 26 "5.16.060 Permit - Application - False statements. 27 It is unlawful for any person to make a false statement in 28 the application provided for in this chapter." 5 [C-460 1) . . . . . . '.. . r" 1 SECTION 11. Section 5.16.17.0 of the San Bernardino 2 Municipal Code is amended to read: 3 "5.16.120 Certain goods not to be sold. 4 It is unlawful for any person in contemplation of conducting 5 a fire or closing-out sale under a permit as provided in this 6 chapter to order any goods, wares or merchandise for the purpose 7 of selling and disposing of the same at such sale." 8 SECTION 12. Section 5.16.140 Subsection A of the San 9 Bernard ino Municipal Code is amended to read: 10 "A. It is unlawful for any person carrying on or conducting 11 a fire or closing-out sale under a permit to, during the 12 continuance of such sale, add any goods, wares or merchandise for 13 the purpose of se 11 ing the same, to the stock of goods, wares or 14 merchandise described and inventoried in his or her original 15 application for such permit. No goods, wares or merchandise 16 shall be sold at or during such sale, excepting the goods, wares 17 or merchandise described and inventoried in the original 18 application, and each and every addition of goods, wares or 19 merchandise for the purpose of sale, to such stock of goods, 20 wares or merchandise descri.bed and inventoried in said 21 application, and each sale of goods, wares or merchandise as were 22 not inventoried and described in the application, constitutes a 23 separate offense under this chapter." 24 SECTION 13. Section 5.16.150 of the San Bernardino 25 Municipal Code is amended to read: 26 "5.16.150 Advertising - Permit required. 27 It is unlawful for any person to advertise, represent or 28 hold out any sale of goods, wares or merchandise to be a fire or 6 IIC-460 ~ 1 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . , ,~ " closing-out sale, without first complying with the provisions of this chapter." SECTION 14. Section 5.20.100 of the San Bernardino Municipal Code is amended to read: "5.20.100 Employees. It is unlawful for the holder of a permit for a massage parlor to employ, use or permit any person to practice as a massage technician unless such massage technician has first obtained a valid permit pursuant to this chapter." SECTION 15. Section 5.24.040 of the San Bernardino Municipal Code is amended to read: "5.24.040 Registration certificate required - Payment of minimum tax. It is unlawful for any person to engage in such business or perform any act required to be taxed under this chapter during any tax period without first obtaining a registration certificate and paying a minimum tax for that year in the amount of fifteen dollars." SECTION 16. Section 5.36.020 of the San Bernardino Municipal Code is amended to read: "5.36.020 License - Required. It is unlawful for any person, firm, corporation, association, partnership or organization other than a nonprofit organization, mobile home park association, or senior citizen organization to conduct bi.ngo games. Such organizati.ons or associations shall not conduct bingo games without first securing a license to conduct such games from the City Clerk as hereinafter provided, and the receipts of such games shall be 7 MC'-460 . , . I "L , , I used only for charitable purposes." 2 SECTION 17. Section 5.36.070 of the San Bernardino 3 Municipal Code is amended to read: 4 "5.36.070 Financial interest. 5 It is unlawful for any individual, corporation, partnership, 6 or other legal entity except the organization authorized to 7 conduct a bingo game to hold a financial interest in the conduct 8 of such bingo game." 9 SECTION 18. Section 5.36.090 of the San Bernardino 10 Municipal Code is amended to read: II "5.36.090 Participation limited to those present. 12 It is unlawful for any person to allow a person not 13 physically present at the time and place in whch the bingo game 14 is being conducted to participate." 15 SECTION 19. Section 5.36.120 of the San Bernardino 16 Municipal Code is amended to read: 17 "5.36.120 Minors prohibited from participation. 18 It is unlawful for any person to allow a minor to 19 participate in any bingo game." 20 SECTION 20. Section 5.44.130 of the San Bernardino 21 Municipal Code is amended to read: 22 "5 .4Lf .UO Violation - Penalty. 23 Any person violating any provision of this chapter or 24 failing to perform the duties imposed hereunder is guilty of a 25 misdemeanor, which upon conviction thereof is punishable in 26 accordance with the provisions of Section 1.12.010 of this Code." 27 SECTION 21. Section 5.52.020 of the San Bernardino 28 Municipal Code is amended to read: 13 KC.:..t.60 . . ". , , 1 "5.52.020 Permit - Required - Application. 2 It is unlawful for any person to conduct, manage or carryon 3 any escort bureau without first securing a permit therefor from 4 the Chief of Police. No such permit shall be issued by the Chief 5 of Police except upon the verified application in writing of the 6 individual to be in control of, and responsible for, the 7 operation and conduct of the business. The application shall be 8 upon a form furnished by the City Clerk and shall set forth such 9 information concerning the applicant and the proposed business as 10 the Chief of Police may require and must be accompanied by a fee 11 in the sum of two hundred dollars. Each permit issued shall 12 expire on December 31st next following the date of issuance, and 13 each application for the annual renewal thereof shall be 14 accompanied by a renewal fee in the sum of seventy-five dollars. 15 No permit under this section shall be issued to, or in the name 16 of, any organization, group, corporation, partnership, or any 17 other entity than an individual personi but the business may be 18 advertised and carried on by the permittee under a fictitious 19 name in the manner permitted by law, provided such fictitious 20 name is first approved by the Chief of Police." 21 SECTION 22. The first paragraph of Section 5.76.030 of the 22 I San Bernardino Municipal Code is amended to read: i 23 I "It is unlawful for any person to drive, operate or cause to 24 be operated, or to employ, permit or allow another to drive, 25 operate or cause to be operated, any taxicab, charter vehicle, 26 chauffeured limousine, sight-seeing vehicle, medical 27 I transportation vehicle, or towing vehicle over any street of this 28 City regardless of whether such operation extends beyond the 29 boundary limits of the City, or to advertise for, solicit, 9 IC-460 II il . , IC-460 ~ ' " I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 I ,I 20 I, 21 22 23 24 25 26 27 28 induce, persuade, invite, or procure such transportation of passengers, or sick or injured persons or towing of vehicles without first obtaining a permit from the bureau, subject to the exceptions set forth in the following subsections:" SECTION 23. Section 5.84.015 is added to the San Bernardino Municipal Code to read: "5.84.015 Penalties for violation. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title other than those of Chapters 5.12, 5.36, 5.40, 5.48 and 5.52 is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12,.010 of this Code. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of Chapters 5.12, 5.36, 5.40, 5.48 and 5.52, is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 24. Section 6.04.150 Subsection B of the San Bernardino Municipal Code is amended to read: "B. In the performance of his or her duties, the Animal Control Director, any animal control technician, and any authorized employee of the Animal Control Department, shall have the power and authority to enforce the provisions of this title, including issuance of notices to appear pursuant to Chapters sc I and 5D of Part 2 Title 3 (commencing with Section 853.6) of the Ii Penal Code, for any offense which is a violation of this title 10 :C-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II 23 I , 24 25 26 27 28 . .' relating to animals and fowl, or any penal law of the state of California relating to cruelty to animals." SECTION 25. Section 6.24.010 of the San Bernardino Municipal Code is amended to read: "6.24.010 Number of dogs permitted. It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than three dogs which are four or more months of age, except as may be permitted by the provisions of Title 19." SECTION 26. Section 6.24.020 of the San Bernardino Municipal Code is amended to read: "6.2/,.0.20 License required. It is unlawful for any person to own or harbor any dog within the City, except as provided in this chapter, without securing a license therefor, and maintaining a tag thereon, as specified in this chapter." SECTION 27. Section 6.24.110 of the San Bernardino Municipal Code is amended to read: "6. 2L~ .110 Vicious or dangerous dogs - Leash requirement. A. It is unlawful for a person owning or having charge, custody, control, or possession of any vicious or dangerous dog or animal to permit it to run at large, or to run loose or unrestrained in the City. The fact that the dog or animal has bitten any person shall be prima facie evidence that it is a vicious or dangerous animal. B. It is unlawful for a person who owns or has charge, custody, control, or possession of a vicious or dangerous dog or animal to fail to cause it at all times to be leashed, tied 11 IC--460 1 I. i I I I securely to a stationary object, or confined within a fenced or . . '.. 2 enclosed area; provided, that notice in writing to that effect 3 has first been mailed to said person by an authorized employee of 4 the Ci ty . " 5 SECTION 78. section 6.24.130 of the San Bernardino 6 Municipal. Code is amended to read: 7 "6.24.130 Running at large. 8 It is unlawful for any person owning or having charge, 9 custody, control or possession of any dog to permit it to run at 10 large or to run loose and unrestrained in the City." 11 SECTION 29. Section 6.24.180 of the San Bernardino 12 Municipal Code is amended to read: 13 "6.24.180 Vaccination requirement. 14 It is unlawful for any person to own or harbor any dog which 15 has not been vaccinated as required by and in the manner set 16 forth in Section 6.24.170 within the next preceding two-year 17 period." 18 SECTION 30. Chapter 6.42 is added to the San Bernardino 19 Municipal Code to read: 20 "CHAPTER 6 .42 21 ENFORCEMENT - PENALTY 22 6.42.010 Penalty for violation. 23 Any person, firm or corporation, violating or causing the 24 violation of any provision of this title is guilty of an 25 infraction, which upon conviction thereof is punishable in 26 accordance with the provisions of Section 1.12.010 of this Code." 27 SECTION 31. Section 8.01.040 of the San Bernardino 28 I Municipal Code is amended to read: 12 l{C~60 I.. .. ~ . 1 "8.01.040 Penalty. 2 Any person violating any provision of this chapter is guilty 3 of a misdemeanor, which upon conviction thereof is punishable in 4 accordance with the provisions of Section 1.12.010 of this Code." 5 SECTION 32. Section 8.03.030 of the San Bernardino 6 Municipal Code is amended to read: 7 "8.03.030 Violation - Penalty. 8 Any person, firm or corporation violating any provision of 9 this chapter is gui 1 ty of an infraction, which upon conviction 10 thereof is punishable in accordance with the provisions of 11 Section 1.12.010 of this Code." 12 SECTION 33. Section 8.06.020 of the San Bernardino 13 Municipal Code is amended to read: 14 "8.06.020 Violation - Penalty. 15 Every person, association or corporation violating any 16 provision of this chapter is guilty of an infraction, which upon 17 conviction thereof is punishable in accordance with the 18 provisions of Section 1.12.010 of this Code." 19 SECTION 3lf. Section 8.09.020 of the San Bernardino 20 Municipal Code is amended to read: 21 "8.09.020 Failure to notify an infraction. 22 Every such physician, surgeon, osteopath or other person who 23 fails to so notify the Chief of Police or other police officer of the City that he or she has so dressed, treated or prescribed for 24 25 such wound of a human being is guilty of an infraction, which 26 I upon conviction thereof is punishable in accordance with the il provisions of Section 1.12.010 of this Code." i ~ " . 27 28 SECTION 35. Section 8.12.180 of the San Bernardino , ii I I Ii 13 (C-4fiO . , . . ,> . I Municipal Code is amended to read: 2 "8.12.180 Violation - Penalty. 3 Any person, firm or corporation or any partner, officer, 4 agent or employee thereof, violating any provision of this 5 chapter, or any rule or regulation adopted pursuant hereto, is 6 guilty of an infraction, which upon conviction thereof is 7 punishable in accordance with the provisions of Section 1.12.010 8 of this Code." 9 SECTION 36. Section 8.15.030 of the San Bernardino 10 Municipal Code is amended to read: II "8.15.030 Litter in public places. 12 It is unlawful for any person to throw or deposit litter in 13 or upon any street, sidewalk or other public place within the 14 City except in public receptacles or in authorized private 15 receptacles for collection, or in official City dumps." 16 SECTION 37. Section 8.15.050 of the San Bernardino 17 Municipal Code is amended to read: 18 19 20 21 22 23 24 25 "8.15.050 Sweeping litter into gutters prohibited. It is unlawful for any person to sweep into or deposit in any gutter, street or other public place within the City the I accumulation of litter from any building or lot or from any I I public or private sidewalk or driveway. Persons owning or I ! i occupying property shall keep the sidewalk in front of their I premises free of 1 i tter." SECTION 38. Section 8.15.060 of the San Bernardino 26 Municipal Code is amended to read: 27 28 "8.15.060 Litter in parks. It is unlawful for any person to throw or deposit litter in 14 I M:C-460 " i' , II 1 'I I, ,I :1 2 'I 'I " I, 3 I , , 4 I , , 5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 26 27 I ~ 28 ! i I 1 ! p . any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere." SECTION 39. Section 8.15.070 of the San Bernardino Municipal Code is amended to read: "8.15.070 Throwing or distributing handbills in public places. It is unlawful for any person to throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. It is unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not unlawful on any sidewalk, street, or other public place within the City for any person to hand out or distribute without charge to the receiver thereof any noncommercial handbill to any person willing to accept it." SECTION 40. Section 8.15.080 of the San Bernardino Municipal Code is amended to read: II vehicles. I I I I I I, I "8.15.080 Placing commercial and noncommercial handbills on It is unlawful for any person to throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is lawful in any public place for a person to hand out or distribute without charge to the receiver 1'- .J 1 thereof a noncommercial handbill to any occupant of a vehicle who 2 is will ing to accept it." 3 SECTION 41. Section 8.15.090 of the San Bernardino 4 Municipal Code is amended to read: 5 "8.15.090 Depositing commercial and noncommercial handbills 6 on uninhabited or vacant premises. 7 It is unlawful for any person to throw or deposit any 8 commercial or noncommercial handbill in or upon any private 9 premises which are temporarily or continuously uninhabited or 10 vacant." 11 SECTION 42. Section 8.15.100 of the San Bernardino 12 Municipal Code is amended to read: 13 "8.15.100 Prohibiting distribution of handbills \'lhere 14 properly posted. 15 It is unlawful for any person to throw, deposit or 16 distribute any commercial or noncommercial handbill upon any 17 private premises, if required by anyone thereon not to do so, or 18 if there is placed on the premises in a conspicuous position near 19 the entrance thereof, a sign bearing the words 'No Trespassing', 20 'No Peddlers or Agents', 'No Advertisement', or any similar 21 notice, indicating in any manner that the occupants of the 22 premises do not desire to be molested or have their right of 23 i I privacy disturbed, or to have any such handbills left upon il . " I prem~ses. SECTION 43. Section 8.15.110 of the San Bernardino such 24 25 26 Municipal Code is amended to read: 27 jI !I "8.15.110 Distributing commercial and noncommercial II handbills at inhabited private premises. I I 28 16 MC-460 1 2 3 4 5 6 I 7 I, il 8 'I II 9 II 10 , ! ! 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . " It is unlawful for any person to throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, or to newspapers." SECTION 44. Section 8.15.120 of the San Bernardino Municipal Code is amended to read: "8.15.120 Dropping litter from aircraft. It is unlawful for any person in an aircraft to throw out, drop or deposit any object within the City." SECTION 45. Section 8.15.130 of the San Bernardino Municipal Code is amended to read: "8.15.130 Posting notices prohibited. It is unlawful for any person to post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as 17 Kc-460 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 I I 22 II 23 24 II 25 26 27 28 " may be authorized or required by law." SECTION 46. Section 8.15.140 of the San Bernardino Municipal Code is amended to read: "8.15.140 Litter on occupied private property. It is unlawful for any person to throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property." SECTION 47. Section 8.15.160 of the San Bernardino Municipal Code is amended to read: "8.15.160 Litter on vacant lots. It is unlawful for any person to throw or deposit litter on any open or vacant private property within the City whether owned by such person or not." SECTION 48. Section 8.15.170 Subsection A of the San Bernardino Municipal Code is amended to read: "A. Any person, firm or corporation violating or causing or permitting the violation of any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 49. Section 8.18.030 Subsection D of the San Bernardino I1llnicipal Code is amended to read: "D. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction 18 KC'-460 I , .' 1 thereof is punishable in accordance with the provisions of 2 Section 1.12.010 of this Code." 3 SECTION 50. Section 8.18.090 of the San Bernardino 4 Municipal Code is amended to read: 5 "8.18.090 Penalty for violation. 6 Any person, partnership, firm or corporation, whether as 7 principal, agent, employee, or otherwise, interfering, 8 obstructing or preventing or causing the interference, 9 obstruction or prevention, of or with, the enforcement or 10 performance of any of the provisions of this chapter by the Fire 11 Chief, Director of Public Services, or other authorized person is 12 guilty of an infraction, which upon conviction thereof is 13 punishable in accordance with the provisions of Section 1.12.010 14 of this Code." 15 SECTION 51. Section 8.21.010 of the San Bernardino 16 Municipal Code is amended to read: 17 "8.21.010 Igniting fires prohibited. 18 It is unlawful for any person to ignite or cause to be 19 ignited, start or cause to be started any fire in any yard, court 20 or open place or upon any street or alley, within the fire limits 21 of the City as the same are now or may hereafter be prescribed in 22 this Code." 23 SECTION 52. Section 8.21.020 of the San Bernardino 24 Nunicipal Code is amended to read: 25 "8.21.020 Burning wastepaper, rubbish or waste combustibles 26 prohibited. 27 I! It is unlawful for any person to burn or cause to be burned Ii i any wastepaper, rubbish, or waste combustible or inflammable I 28 19 MC-460 I' " , I' " 1 material by fire in any yard, court, or open place, or upon any 2 street or alley wi thin the fire 1 imi ts of the City." 3 SECTION 53. Section 8.21.040 of the San Bernardino 4 Municipal Code is amended to read: 5 "8.21.040 Receptacles - Use required. 6 It is unlawful for any person to deposit, or cause to be 7 deposited, any wastepaper, rubbish, combustible or inflammable 8 material in or upon any yard, court or open place, or upon any 9 street or alley within the fire limits, except in a receptacle to 10 he provided for such purposes as provided in this chapter." 11 SECTION 54. Section 8.21.060 of the San Bernardino 12 Municipal Code is amended to read: 13 "8.21.060 Prohibited discharges into receptacles. 14 It is unlawful for any person to deposit any garbage, fruit, 15 vegetables, meats, cans, glass, or other similar substance in any 16 receptacle furnished under this chapter." 17 SECTION 55. Section 8.21.080 of the San Bernardino 18 Municipal Code is amended to read: 19 "8.21.080 Removal of contents of receptacles prohibited by 20 others. 21 It is unlawful for any person to take, or remove, any 22 wastepaper, rubbish, combustible or inflammable material from any 23 receptacle provided as required in this chapter except the City 24 or its duly authorized agents, servants or employees." 25 SECTION 56. Section 8.21.150 of the San Bernardino 26 Municipal Code is amended to read: 27 28 "8.21.150 City to remove combustibles. It is unlawful for any person, except the City or its duly 20 MC--460 , I: ]. ' Ii I . 1 authorized agent, to take or remove any wastepaper, rubbish, 2 combustible or inflammable material, from any place within the 3 fire limits of the City." 4 SECTION 57. Section 8.21.160 of the San Bernardino 5 Municipal Code is amended to read: 6 "8.21.160 Dama~e to or removal of receptacles prohibited. 7 It is unlawful for any person to mar, injure, damage or 8 des troy, or take or remove any receptac Ie furnished as provided 9 in this chapter." 10 SECTION 58. Section 8.21.170 of the San Bernardino 11 Municipal Code is amended to read: 12 "8.21.170 Violation - Penalty. 13 Any person, firm or.corporation allowing any wastepaper, 14 rubbish, waste, combustible or inflammable material to accumulate 15 or be upon his, her or its premises, or upon premises owned or 16 controlled by him, her or it, within the fire limits of the City, 17 other than in a receptacle as provided in this chapter, and any 18 person, firm or corporation violating any term or provision of 19 this chapter is guilty of an infraction, which upon conviction 20 thereof is punishable in accordance with the provisions of 21 Section 1.12.010 of this Code." 22 SECTION 59. Section 8.24.070 Subsection D of the San 23 Bernardino Municipal Code is amended to read: 24 "D. It is unlawful for any person to place any garbage 25 receptacle in any public highway at any place or in any manner or 26 at any time other than as established by this chapter for the 27 collection of garbage, or to permit such receptacle to remain 28 therein for more than twenty-four hours. 21 K€-460 . 1 SECTION 60. Section 8.24.090 of the San Bernardino 2 Municipal Code is amended to read: 3 "8.24.090 Permit required for removing rubbish - 4 Exceptions. 5 It is unlawful for any person, except the City rubbish 6 collector or a person having the requisite license and permit 7 provided for in Sections 8.24.100 through 8.24.180 or 8.24.190 to 8 remove rubbish from any place or premises in the City or convey 9 or transport the same over the public highways thereof except 10 that any person in the lawful possession of any property, other 11 than a place of business, may collect and remove therefrom and, 12 in a vehicle owned or lawfully possessed by him or her, transport 13 any rubbish naturally accumulated upon such property so owned or 14 la~lf\!lly possessed by him or her." 15 SECTION 61. Section 8.24.280 of the San Bernardino 16 Municipal Code is amended to read: 17 "8.24.280 Violation - Penalty. 18 Any person, firm or corporation violating any provision of 19 this chapter is guilty of a misdemeanor, which upon conviction 20 thereof is punishable in accordance with the provisions of 21 Section 1.12.010." 22 SECTION 62. Section 8.27.020 of the San Bernardino 23 Municipal Code is amended to read: 24 "8.27.020 Refusal of owner to remove nuisances - Infraction 25 - Power of arrest - Notices to appear. 26 Any owner, agent or person having charge of or occupying any 27 lot or premises within the City who refuses or neglects for a 28 period of five days after receiving notice from the Director of 2.2 KC-460 I , I I I 1 2 3 I 4 I 5 II 6 I 7 II I[ 8 I I I 9 I, 10 II ! 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 II 27 28 Public Services of the City to remove any of the things declared to be a nuisance in Section 8.27.010 thereof, is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. The Director of Public Services, or his or her designated subordinates shall have the authority to enforce the provisions of this chapter and may arrest and issue notices to appear for violations hereof pursuant to Section 836.5 and Chapter 5C of Part 2, Title 3 (853.6 et seq.) of the California Penal Code." SECTION 63. Section 8.30.070 of the San Bernardino Municipal Code is amended to read: "8.30.070 Failure to obey a misdemeanor. After any order or decision of the City officer or Board of Building Commissioners or Mayor and Common Council made pursuant to this article has become final, it is unlawful for any person to fail, neglect or refuse to obey any such order or decision. Failure to comply with such order or decision is a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. " SECTION 6t+. Section 8.30.150 of the San Bernardino Municipal Code is amended to read: "8.30.150 Violation - Penal ty. Any person, partnership, firm or corporation whether as principal, agent, employee, or otherwise, interfering, obstructing, or preventing or causing the interference, obstruction or prevention, of or with, the enforcement or performance of any provision of this chapter by the Director of Public Services, the Superintendent of the Building and Safety 23 Mc-4,60 " , 1 Department or other authorized person is guilty of a misdemeanor, 2 which upon conviction thereof is punishable in accordance with 3 the provisions of Section 1.12.010 of this Code." 4 SECTION 65. Section 8.33.090 of the San Bernardino 5 Municipal Code is amended to read: 6 "8.33.090 Compliance "lith order and decision of building 7 official. 8 After any order or decision of the building official or 9 Board of Building Commissioners made pursuant to this chapter has 10 become final, it is unlawful for any person to whom any such 11 order or decision is directed to fail, neglect, or refuse to obey 12 any such order or decision." 13 SECTION 66. Section 8.33.100 of the San Bernardino 14 Municipal Code is amended to read: 15 "8.33.100 Violation - Penalty. 16 Any person, partnership, firm or corporation, whether as 17 principal, agent, employee, or otherwise, interfering, 18 obstructing or preventing or causing the interference, 19 , obstruction or prevention, of or with the enforcement or I' ! performance of any of the provisions of this chapter by the ! I Director of Public Services or other authorized person is guilty I i i of a misdemeanor, which upon conviction thereof is punishable in ! accordance with the provisions of Section 1.12.010 of this Code." 20 21 22 23 24 SECTION 67. Section 8.39.010 of the San Bernardino 25 Municipal Code is amended to read: 26 "8.39.010 Food handlers. 27 It is unlawful for any I tuberculosis, amebiasis, or I salmonellosis to engage or serve or person who knowingly has communicable 28 24 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II ,II I! seek employment in any work, occupation or employment which requires or occasions the handling of any food, liquid, or material intended for food or drink for human consumption, or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption, and no owner, manager, or agent of such owner, or person in charge of any restaurant, itinerant restaurant, vehicle or vending machine as defined in the 'California Restaurant Act', Chapter 11 of Division 21 of the Health and Safety Code, shall retain in the employ thereof for the performance of such services, for a longer period than thirty days, any person who does not hold and produce a health certificate as specified in this chapter or for any period whatsoever, any person known or reasonably believed to be infected with communicable tuberculosis, amebiasis, or salmonellosis." SECTION 68. Section 8.39.020 of the San Bernardino 17 Municipal Code is amended to read: 18 19 20 21 22 23 24 25 26 27 28 "8.39.020 Baby sitters. It is unlal.ful for any person who knows that he or she has communicable tuberculosis, amebiasis, or salmonellosis to engage or serve or seek employment in any work, occupation or employment involving the care and supervision of a child as a baby sitter, and no person shall retain in employment for the performance of such services, for a longer period than thirty days, any person who does not hold and produce a health certificate as specified II in this chapter or for any period whatsoever, any person known or i I I I reasonably believed to have communicable tuberculosis, amebiasis, or salmonellosis." 25 SECTION 69. Section 8.39.100 of the San Bernardino Municipal Code is amended to read: "8.39.100 Violation.- Penalty. Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 70. Section 8.42.140 of the San Bernardino Municipal Code is amended to read: "8 .l~2 .14.0 Interference with health officer. It is unlawful to resist or attempt to resist the entrance of the health officer or his or her deputy, into any railway, car, stage, vehicle, building, room, lot or other place in the City in the performance of his or her duty or to refuse to obey any lawful order of the health officer made in the performance of his or her duties within the power conferred upon him or her by law or by this chapter." SECTION 71. Section 8.42.150 of the San Bernardino Municipal Code is amended to read: "8 .L~2 .150 Violation - Penal ty. Any person, firm, association, society or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 72. Section 8.45.030 of the San Bernardino Municipal Code is amended to read: "8.45.030 Certificate required. It is unlawful for any person to engage or serve in, or seek 26 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II 23 II ! 24 25 26 27 28 .1: I. employment at any hospital, convalescent hospital, rest home, institutional care facility, restaurant, food-handling place, market, food-processing plant, milk-processing plant, or other employment which requires or occasions the preparation, service, distribution, or sale, or handling of any food or liquid or material intended for food or drink for human consumption, or the handling of any dishes or other articles used in the preparation, service, distribution, or sale of food or drink for human consumption, who does not hold and produce a certificate as required by this chapter. It is unlawful for any owner, manager or agent of such owner, or person in charge of any establishment or business to retain in the employ thereof for the performance of such services, for a longer period than two weeks, any person who does not hold and produce a certificate as required by this chapter." SECTION 73. Section 8.45.170 of the San Bernardino Municipal Code is amended to read: "8.45.170 Violation - Penalty. Any person violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 74. Section 8.L~8.030 of the San Bernardino Municipal Code is amended to read: "8.1+8.030 Violation - Penalty. Any person violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 75. Section 8.50.040 of the San Bernardino 27 MC-460 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ., Municipal Code is amended to read: "8.50.01}0 Violation - Penalty. Any person having been served with an order to present himself or herself for examination and testing for infectious venereal disease who fails to present himself or herself for such examination and testing in the manner and within the time specified, or who violates any other order issued pursuant to Section 8.50.010, or any other provision of this chapter, is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 76. Section 8.51.020 of the San Bernardino Municipal Code is amended to read: "8.51.020 Violation - Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 77. Section 8.54.040 of the San ,Bernardino Municipal Code is amended to read: "8.54.040 Violation - Penalty. Any person violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 78. The first paragraph of Section 8.57.030 of the San Bernardino Municipal Code is amended to read: "It is unlawful for any person to drive, operate, propel or park any sound vehicle with the sound-making device, sound- 28 . HC-46.0 '" . , 1 amplifying device, or loudspeaker thereof in use or operation:" 2 SECTION 79. The first paragraph of Section 8.57.040 of the 3 San Bernardino Municipal Code is amended to read: 4 "It is unlawful for any person to use, or cause to be used, 5 a sound vehicle with its sound-amplifying equipment in operation 6 for noncommercial purposes in the City before filing a 7 registration statement with the City Clerk in writing. This 8 registration statement shall be filed in duplicate not less than 9 seven days nor more than thirty days before the date of the 10 proposed use of such vehicle and shall include the following 11 information:" 12 SECTION 80. Section 8.57.080 of the San Bernardino 13 r1unicipal Code is amended to read: 14 "8.57.080 Commercial advertising by sound truck prohibited. 15 It is unlawful for any person to operate, or cause to be 16 operated, any sound vehicle for commercial sound advertising 17 purposes in the City with sound-amplifying equipment in 18 operation." 19 SECTION 81. Section 8.57.090 of the San Bernardino 20 Municipal Code is amended to read: 21 "8.57.090 Violation - Penalty. 22 Any person who violates any provision of this chapter is 23 guilty of an infraction, which upon conviction thereof is 24 punishable in accordance with the provisions of Section 1.12.010 25 of this Code." 26 SECTION 82. Section 8.60.020 of the San Bernardino 27 Municipal Code is amended to read: 28 "8.60.020 License - Required. 29 MC-469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 27 28 " Except as provided in this chapter, it is unlawful for any person to offer for sale or sell at retail any fireworks of any kind in the City without havinp, first applied for and received a license therefor." SECTION 83. Section 8.60.060 of the San Bernardino Municipal Code is amended to read: "8.60.060 Operation of stand. A. It is unlawful for the licensee organization to permit any person other than the licensee organization to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. n. It is unlawful for the licensee organization to permit any person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks at such stand. C. It is unlawful for the licensee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand." SECTION 34. Section 8.60.150 of the San Bernardino Municipal Code is amended to read: "8.60.150 Violation - Penalty. Any person violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Further, the license shall be revoked." SECTION 85. Section 8.63.140 of the San Bernardino Municipal Code is amended to read: 30 , KC-460 1 "8.63.140 Violation - Penalty. 2 Any person, firm or corporation violating any provision of 3 this chapter is guilty of an infraction, which upon conviction 4 thereof is punishable in accordance with the provisions of 5 Section 1.12.010 of this Code." 6 SECTION 86. The first paragraph of Section 8.66.030 of the 7 San Bernardino Municipal Code is amended to read: 8 "Application for such permit shall be in writing and shall 9 be filed with the Director of Public Services a minimum of forty- 10 eight hours prior to the entry of any building, structure, or 11 oversize load on any public street, alley or place in the City. 12 The application for permit shall show the followinp, information:" [3 SECTION 87. Section 8.66.080 of the San Bernardino 14 Municipal Code is amended to read: 15 "3.66.080 Violation - Penalty. 16 Any person, firm or corporation violating any provision of 17 this chapter is guilty of an infraction, which upon conviction 18 thereof is punishable in accordance with the provisions of 19 Section 1.12.010 of this Code." 20 SECTION 88. The first paragraph of Section 8.75.020 of the 21 San Bernardino 14unicipal Code is amended to read: 22 "It is unlawful for any person to install an auxiliary fire 23 alarm system or to convert a private fire alarm system to an 24 auxiliary fire alarm system, or to connect an auxiliary system to 25 the municipal fire alarm system by the use of a master fire alarm 26 box without first completing the following procedures:" 27 SECTION 89. Section 8.75.080 of the San Bernardino 28 Municipal Code is amended to read: 31 MC-460 1 "8.75.080 Violation - Penalty. 2 Any person violating any provision of this chapter is guilty 3 of an infraction, which upon conviction thereof is punishable in 4 accordance with the provisions of Section 1.12.010 of this Code." 5 SECTION 90. Section 8.78.010 of the San Bernardino Muncipal 6 Code is amended to read: 7 "8.78.010 Automatic dialing into City line prohibited. 8 It is unlawful for any person to install, use or cause to be 9 used any telephonic device which is activated electronically to 10 automatically dial a public telephone 1 ine of the City." 11 SECTION 91. The first paragraph of Section 8.78.030 of the 12 San Bernardino Municipal Code is amended to read: 13 "It is unlawful for any person to install, use or cause to 14 be used any telephonic device which is activated electronically 15 to automatically dial a telephone within the City without first 16 obtaining a permit from the Chief of Police or Fire Chief to 17 install and use such telephonic device. The fee for such permit 18 is the sum of five dollars. The Chief of Police shall review all 19 requests for telephonic burglar alarms, and the Fire Chief shall 20 review all requests for telephonic fire alarms. Before a permit 21 may be issued, the following requirements shall first be complied 22 wi th : " 23 SECTION 92. Section 8.81.070 Subsection A of the San 24 Bernardino Municipal Code is amended to read: 25 "A. It is unlawful for any person to install or cause to be 26 installed, use, maintain or possess an alarm system on premises 27 owned or in the possession or control of such person, within the 28 City unless an alarm system permit for the system is fi.rst 32 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 I 21 I , 22 II !, 'I 23 !I :1 24 i 25 26 27 28 .1 ' obtained from the Chief of Police of the City in accordance with this section, and remains valid and in effect. The alarm user shall be the applicant. Applications may be transmitted to the Chief of Police by an alarm agent or an alarm business. The application for an alarm system permit shall be submitted on a form as prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant and the person who will render service or repairs during any hour of the day or night, and the type or types of systems to be utilized. The application shall be accompanied by a nonrefundable fee of twenty dollars." SECTION 93. Section 8.81.140 of the San Bernardino Municipal Code is amended to read: "8.81.1l~0 Telephone device prohibited. It is unlawful for any person to use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the City Police Department or Communications Center and then reproduces any pre- recorded message to report any burglary or other emergency." SECTION 94. Section 8.81.160 of the San Bernardino Municipal Code is amended to read: "8.81.160 Enforcement. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of I I i Section 1.12.010 of this Code. II defense against prosecution. I I I Revocation of a permit is not a 33 KC-46,O 1 2 3 4 5 6 7 , 8 I 9 I II 10 I i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee, monitoring fee or other charge provided for in this chapter is deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent fee or charge. All fees and charges become delinquent thirty days after they are due and payable." SECTION 95. Section 8.84.020 of the San Bernardino Municipal Code is amended to read: "8.84.020 Failure to remove an infraction. It is unlawful for any person to knowingly fail, refuse or neglect to destroy and remove such castor bean (Ricinus communis) plant when so ordered by the Health Officer in the manner specified in Section 8.84.010. Such failure, refusal, or neglect constitutes an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 96. Section 8.87.020 of the San Bernardino Municipal Code is amended to read: "8.87.020 Compliance with Section 8.87.010 - Violation and 3lf MC-460 1 penalty. 2 It is the duty of the Director of Public Services of the 3 City of San Bernardino to see that the provisions of Section 4 8.87.010 are complied with, and he or she shall notify all 5 persons or companies who own, operate or have any such railroads 6 or street car lines within the corporate limits of the City, and 7 where tracks or rails are not kept even and flush with the 8 surface of the pavement or street along the line of such tracks, 9 to place the same in such condition within thirty days from such 10 notice and every person who suffers or maintains any track or 11 road bed, had or used for the purpose of operating such roads, or 12 suffers or permits any rails, ties, track or road bed, whether 13 used or not, to be and remain above or below the surface of any 14 such pavement or street, so as to prevent the full use and 15 enjoyment thereof, after said time, is guilty of an infraction, 16 which upon conviction thereof is punishable in accordance with 17 the provisions of Section 1.12.010 of this Code." 18 SECTION 97. Section 8.87.060 of the San Bernardino 19 Municipal Code is amended to read: 20 "8.87.060 Violation of Sections 8.87.030 through 8.87.060 - 21 Penal ty. 22 Any person, firm or corporation violating any provision of 23 Sections 8.87.030 through 8.87.050 is guilty of an infraction, 24 which upon conviction thereof is punishable in accordance with 25 the provisions of Section 1.12.010 of this Code." 26 SECTION 98. Section 9.04.010 of the San Bernardino 27 Municipal Code is amended to read: 28 "9.04.010 Unlawful use of official indicia. 35 MC~60 . I " ' - 1 It is unlawful for any officer or employee of the City to 2 knowingly or wilfully use, or cause the use of, a copy or replica 3 of the official seal of the City, the original or a copy or 4 replica of the letterhead on City stationery, or any other 5 official indicia of the City or local City public office for any 6 private or personal purpose." 7 SECTION 99. Section 9.04.030 of the San Bernardino 8 Municipal Code is amended to read: 9 "9.0(<.030 Violation - Penalty. 10 Any person who violates any provision of this chapter is 11 guilty of an infraction, which upon conviction thereof is 12 punishable in accordance with the provisions of Section 1.12.010 13 of this Code." 14 SECTION 100. Section 9.08.030 of the San Bernardino 15 Municipal Code is amended to read: 16 "9.08.030 Violation - Penal ty. 17 Any person violating any provision of this chapter is guilty 18 of an infraction, which upon conviction thereof is punishable in 19 accordance with the provisions of Section 1.12.010 of this Code." 20 SECTION 101. Section 9.12.010 of the San Bernardino 21 Municipal Code is amended to read: 22 "9.12.010 Interference with City business an infraction. 23 Every person, except officers or employees of any 24 governmental agency on official business, who comes upon any 25 municipal ground or into any municipal building, facility or 26 institution, whether owned or leased by the City, and there 27 wilfully interferes with the good order, lawful conduct or 28 administration of any municipal program or activity of the City, 16 KC-460 ". ' " 1 with the intent to disrupt, obstruct or to inflict damage to 2 property or bodily injury upon any person, is guilty of an 3 infraction, which upon conviction thereof is punishable in 4 accordance with the provisions of Section 1.12.010 of this Code." 5 SECTION 102. Section 9.12.020 of the San Bernardino 6 Municipal Code is amended to read: 7 "9.12.020 Insulting or abusing City officers in presence of 8 minor an infraction. 9 Any person, except any officer or employee of a governmental 10 agency on official business, who insults or abuses any officer or II employee of the City in the presence of minors engaged or 12 enrolled in any City program or activity with the intent to 13 disrupt or obstruct such program or activity and at a place which 14 is on City premises or public sidewalks, streets or place in 15 connection with assigned City programs or activities, is guilty 16 of an infraction, which upon conviction thereof is punishable in 17 accordance with the provisions of Section 1.12.010 of this Code." 18 SECTION 103. Section 9.12.030 Subsection B of the San 19 Bernardino Municipal Code is amended to read: 20 "B. Any such person having been so notified and directed 21 22 23 24 25 provisions of Section 1.12.010 of this Code." 26 SECTION 104. Section 9.12.040 Subsection A of the San 27 Bernardino Municipal Code is amended to read: 28 "A. Any person, other than an authorized public officer or who fails to do so or who wi lfully and knowingly reenters such building or facility within seventy-two hours af ter being directed to leave is guilty of an infraction, which upon conviction thereof is punishable in accordance with the 37 KC-460 -I' I, , . -, 1 employee acting within the scope and course of his or her 2 employment, who enters or remains in any municipal public 3 build ing, including Ci ty Hall, 300 North "D" Street, San 4 Bernardino, California, without the implied or express consent of 5 the City during hours \qhen the building is closed to the public, 6 is guilty of an infraction, which upon conviction thereof is 7 punishable in accordance with the provisions of Section 1.12.010 8 of this Code." 9 SECTION 105. Section 9.16.010 of the San Bernardino 10 Municipal Code is amended to read: 11 "9.16.010 Prohibited acts. 12 It is unlawful for any person to wilfully make to any police 13 officer of the Police Department of the City any false, 14 misleading or unfounded oral or vlritten statement or report, 15 knowing such statement or report to be false, misleading or 16 unfounded, for the purpose of interfering with the operation of 17 the Police Department or with the intention of misleading such 18 police officer in the performance of his or her duties; provided, 19 however, that this section is not applicable to a false report 20 that a felony or misdemeanor has been committed, as covered by 21 the provisions of Penal Code Section 148.5." 22 SECTION 106. Section 9.16.020 of the San Bernardino 23 Municipal Code is amended to read: 24 "9.16.020 Violation - Penalty. 25 Any person, firm or corporation violating any provision of 26 this chapter is guilty of an infraction, which upon conviction 27 thereof is punishable in accordance with the provisions of 28 Section 1.12.010 of this Code." 38 , KC-460 I I, '. . .' 1 SECTION 107. Section 9.28.040 of the San Bernardino 2 Municipal Code is amended to read: 3 "9.28.0t~0 Violation - Penalty. 4 Any person or persons violating any provision of this 5 chapter is guilty of an infraction, which upon conviction thereof 6 is punishable in accordance with the provisions of Section 7 1.12.010 of this Code." 8 SECTION 108. Section 9.32.060 of the San Bernardino 9 Municipal Code is amended to read: 10 "9.32.060 Violation - Penalty. 11 Any person or persons violating any provision of this 12 chapter is guilty of an infraction, which upon conviction thereof 13 is punishable in accordance with the provisions of Section 14 1.12.010 of this Code." 15 SECTION 109. Section 9.44.030 of the San Bernardino 16 Municipal Code is amended to read: 17 "9.(,4.030 Violation - Penalty. 18 Any person violating any provision of this chapter is guilty 19 of an infraction, which upon conviction thereof is punishable in 20 accordance with the provisions of Section 1.12.010 of this Code." 21 SECTION 110. Section 9.52.070 Subsection A of the San 22 Bernardino 11unicipal Code is amended to, read: 23 "A. It is unlawful for any person, other than a public 24 officer or employee acting within the course and scope of his or 25 her employment, to enter or remain upon any motor vehicle parking 26 lot, motor vehicle parking structure or facility, drive-in 27 property, shopping center property or any other place or property 28 open to the public, without the implied or express consent of the 39 ,I KC--4liO . 0" 1 owner, his or her agent or person in lawful possession thereof, 2 or with the knowledge that such consent has been withdrawn." 3 SECTION Ill. Section 9.52.080 is added to the San 4 Bernardino Municipal Code to read: 5 "9.52.080 Violation - Penalty. 6 Any person who violates any provision of this chapter is 7 guilty of an infraction, which upon conviction thereof is 8 punishable in accordance with the provisions of Section 1.12.010 9 of this Code." 10 SECTION 112. Section 9.56.010 Subsection A of the San 11 Bernardino Municipal Code is amended to read: 12 "A. It is unlawful for any person to drive a motorcycle or 13 a motor driven vehicle or any other motor vehicle on any lands 14 under cultivation or enclosed by a fence, helonging to, or 15 occupied by another, or to drive such motor vehicle on any 16 uncultivated or unenclosed land where signs forbidding trespass 17 are displayed at intervals not greater than one-third of a mile 18 along all exterior boundaries and along all roads and trails 19 entering such lands, without having and, upon request of a peace 20 officer, displaying written permission from the owner of such 21 lands, or his or her agent, or the person in lawful possession 22 thereof; provided, however, that this section does not apply to 23 persons having visihle or lawful business with the owner, agent 24 or person in lawful possession. Such signs forbidding trespass 25 may be of any size and wording which will fairly advise persons 26 that the use of the land is so restricted." 27 SECTION 113. Section 9.64.030 of the San Bernardino 28 Municipal Code is amended to read: 40 HC--460 1 "9.6(<.030 Violation - Penalty. 2 Any person, firm or corporation violating any provision of 3 this chapter, or doing any act declared to be unlawful in this 4 chapter, is guilty of an infraction, which upon conviction 5 thereof is punishable in accordance with the provisions of 6 Section 1.12.010 of this Code. II 7 SECTION 114. Section 9.68.020 of the San Bernardino 8 Municipal Code is amended to read: 9 "9.68.020 Violation - Penalty. 10 Any person who violates any provision of this chapter is 11 guilty of an infraction, which upon conviction thereof is 12 punishable in accordance with the provisions of Section 1.12.010 13 of this Code." 14 SECTION 115. Section 9.80.060 of the San Bernardino 15 l'iunicipal Code is amended to read: 16 "9.80.060 Violation - Penalty. 17 Any person violating any provision of this chapter is guilty 18 of an infraction, which upon conviction thereof is punishable in 19 accordance I\lith the provisions of Section 1.12.010 of the Code." 20 SECTION 116. Section 10.12.040 of the San Bernardino 21 Municipal Code is amended to read: 22 "10.12.040 Signaling devices. 23 24 25 26 27 stop signal. The Mayor and Common Council shall by resolution 28 ,designate such intersections, and the Director of Public Services It is unlawful for the operator of any vehicle to make a right turn in violation of or against a red or stop signal at any intersection in the City when a sign is erec ted at such intersection prohibiting any such right turn against a red or t~ 1 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '1 28 '! I I I l shall cause signs to be placed and maintained prohibiting any such right turn as herein provided." SECTION 117. Section 10.16.020 Subsection B of the San Bernardino Municipal Code is amended to read: "B. It is unlawful for any person to stop, stand or park a vehicle upon any street, alley, or portion thereof, or other property owned, leased, operated or controlled by the City: 1. Within fifty feet of the nearest rail of a railroad crossing; 2. Within twenty feet of a crosswalk except that a bus may stop at a designated bus stoPi 3. Within thirty feet of the approach to any traffic signal, stop sign, or flashing beacon; or 4. At any place where the City Engineer determines that it is necessary in order to eliminate dangerous traffic hazards, such location not to exceed fifty feet in length." SECTION 118. Section 10.16.080 Subsection B of the San Bernardino Municipal Code is amended to read: "B. It is unlawful for any person to stop, stand or park a vehicle other than a bus in a bus stop when any such stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus waiting to enter or about to enter such zones." SECTION 119. Section 10.16.100 of the San Bernardino Municipal Code is amended to read: "10.16.100 U 1 f 1 k' f t ' n aw u par ~ng or cer a~n purposes. 42 MC--460 I ,! ' I I ., . 1 It is unlawful for the operator of any vehicle to stand or 2 park such vehicle upon any roadway for the principal purpose of: 3 A. Washing, greasing or repairing such vehicle except 4 repairs necessitated by an emergency; 5 B. Within the business district from which vehicle 6 merchandise is being sold." 7 SECTION 120. Section 10.16.140 Subsection A of the San 8 Bernardino Municipal Code is amended to read: 9 "A. It is unlawful for any person having charge or control 10 of a motor vehicle to allOl-l such vehicle to stand upon any 11 street, alley or parking lot upon which there is no attendant, 12 when such motor vehicle is unattended, without first locking the 13 ignition of the vehicle and removing the ignition key from such 14 vehic Ie. II 15 SECTION 121. Section 10.24.050 of the San Bernardino 16 Municipal Code is amended to read: 17 "10.24.050 Crossing fire hose. 18 It is unlawful for any person to drive any vehicle over any 19 unprotected hose of the Fire Department when laid down on any 20 street, private driveway or street car track, to be used at any , 21 fire or alarm of fire, without the consent of the Fire 22 Departmen t. " 23 SECTION 122. Section 10.24.120 of the San Bernardino 24 Municipal Code is amended to read: "10.24.140 Reckless driving of animals. 25 26 It is unlawful for any person to carelessly or recklessly 27 ride or drive any horse or other animal upon any of the puhlic 28 streets or alleys of the City so as to endanger life or If] , ' property." SECTION 123. Section 10.24.140 of the San Bernardino Municipal Code is amended to read: "10.24.11+0 Permits for parades and processions. It is unlawful for any person or organization to permit, direct or allow any procession or parade to occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police, or his or her representative, and such other regulations as are set forth in this article which may apply, except funeral processions, the military forces of the United States, the military forces of this state and the forces of the Police and Fire Departments of the City." SECTION 124. Section 10.21:- .150 of the San Bernardino Municipal Code is amended to read: "lO.2l~.150 Limitations on backing. It is unlawful for the driver of a vehicle to back the same into an intersection or over a crosswalk, or in any event or at any place to back a vehicle unless such movement can be made in safety." SECTION 125. Section 10.24.160 of the San Bernardino Municipal Code is amended to read: "10.2[,'.160 Clinging to moving vehicle. It is unlawful for any person riding upon a bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle to attach the same or himself or herself to any street car or moving vehicle upon any roadway." SECTION 126. Section 10.24.180 of the San Bernardino Municipal Code is amended to read: 44 i ._ MC-460 1 "10.24.180 Speed 1 imi t on publ ic grounds. 2 It is unlawful for any person to drive or operate a motor 3 vehicle on any roadway, road, alley or way, or upon the grounds 4 of a public park, playground or public school or of a county or 5 municipal institution or building, or of an educational 6 institution or building, at a speed in excess of fifteen miles 7 per hour." 8 SECTION 127. Section 10.24.200 Subsections B, C, D and F. of 9 the San Bernardino Municipal Code are amended to read: 10 "B. It is unlawful in any municipal parking facility for 11 any person to park or leave standing any vehicle, whether 12 attended or unattended, in any drieway, aisle, walk or area 13 other than entirely within a designated parking space or in any 14 location or position across any line or marking designating a 15 parking space. 16 C. It is unlawful in any municipal parking facility for any 17 person to drive a vehicle upon any driveway, aisle, walk or area 18 in a direction contrary to the direction of travel indicated by 19 arrows or marking painted or placed thereon. 20 D. It is unlawful in any municipal parking facility for any 21 person to drive a vehicle at a speed greater than is reasonable 22 and prudent having due regard for the weather, visibility, the 23 traffic on and the surface and width of the driveway or aisle or 24 in any event to drive the vehicle at a speed which endangers the 25 safety of persons or property. 26 E. It is unlawful in any municipal parking facility for any 27 person to drive a vehicle at a speed greater than ten miles per 28 hour. " 45 MC-460 ' .11 II . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ',' SECTION 128. The title to Chapter 10.32 of the San Bernardino Municipal Code is amended to read: "Chapter 10.32 BUSES AND RAILROAD TRAINS" SECTION 129. Section 10.32.010 of the San Bernardino Municipal Code is amended to read: "10.32. .010 Boarding or alighting from buses. It is unlawful for any person to board or alight from any bus while such bus is in motion." SECTION 130. Section 10.32.020 of the San Bernardino Municipal Code is amended to read: "10.32.020 Unlalri'ful riding. It is unlawful for any person to ride on any bus upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty." SECTION 131. Section 10.32.060 of the San Bernardino Municipal Code is amended to read: "10.32.060 Railway gates. It is unlawful for any person to drive any vehicle through or under any safety gate or railroad barrier which is maintained at a railroad crossing for the purpose of warning persons of the approach of a train or car, while such gate or barrier is closed or whi Ie it j.s being opened or closed." SECTION 132. Chapter 10.38 is added to the San Bernardino Municipal Code to read: "Chapter 10.313 DRIVE-IN ESTABLISHMENTS 46 MC-460 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.38.010 Definitions. For the purpose of this chapter, 'drive-in establishment', hereinafter referred to as 'drive-in', is defined as follows: a drive-in is a place of business wherein beverages, foods or refreshments are served to patrons for consumption on the premises at tables or stands in open or unenclosed areas, or in any vehicle stopped, standing or parked in or upon the premises of the drive-in, or in or upon any street, alley, land, parking area or grounds immediately adjacent to such premises, or adjacent to or adjoining any street or public right-of-way abutting such premises. 10.38.020 Posting of rules and regulations. Persons owning, operating, managing or conducting a drive-in shall place in conspicuous places at the drive-in at least four signs on which are written in legible English, in letters at least two inches in height on contrasting background, words or phrases requesting patrons to refrain from any conduct and act prohibited by this chapter and by other rules and regulations desired by the drive-in. 10.38.030 Designation and marking of parking spaces. Persons owning, operating, managing or conducting a drive-in shall place at suitable locations on the premises appropriate traffic-control devices and signs, and markings on the pavement, as approved by the City, directing traffic entering and leaving the establishment, and shall designate and mark parking spaces for the parking of vehicles of patrons on the premises. 10.38.040 Operation of vehicles - Compliance with traffic- control devices or markings. 47 HC-460 , 1 It is unlawful for any person entering or leaving a drive-in 2 to operate, stop, stand or park a vehicle operated by him or her 3 on any street or right-of-way, in a manner contrary to any 4 official traffic control device, sign or marking erected, 5 installed or maintained, on a temporary or permanent basis, by 6 the City pursuant to law." 7 SECTION 133. Section 10.44.010 of the San Bernardino 8 Municipal Code is amended to read: 9 "10 .l;I~ .010 Violation - Penalty. 10 Any person violating any provision of Title 10, Article I of 11 this Code or any rule or regulation made by the Common Council by 12 resolution or by the Ci ty J~ngineer or Director of Publ ic Services 13 pursuant thereto is guilty of an infraction, which upon 14 conviction thereof is punishable in accordance with the 15 provisions of Section 1.12.010 of this Code." 16 SECTION 134. Section 10.48.020 of the San Bernardino 17 Municipal Code is amended to read: 18 "10.48.020 License - Required. 19 It is unlawful for any person to operate any bicycle on any 20 street, highway or other public property within the jurisdiction 21 of this City unless such bicycle is licensed in accordance with 22 the provisions of this chapter." 23 SECTION 135. Section 10.48.100 of the San Bernardino 24 Municipal Code is amended to read: 25 "10.48.100 Violation an infraction. 26 Every person, firm or corporation violating any provision of 27 this chapter is guilty of an infraction, which upon conviction 28 thereof is punishable in accordance with the provisions of ll8 MC-460 1 Section 1.12.010 of this Code." 2 SECTION 136. Section 10.56.010 Subsection A of the San 3 Bernardino Municipal Code is amended to read: 4 "A. It is unlawful for any person to operate on public or 5 private property other than public streets or highways a 6 motorcycle, motor-driven cycle, or any other motor vehicle at any 7 time or under any condition of grade, load, acceleration or 8 deceleration in such a manner as to exceed the noise limits 9 established in Section 23130 of the Vehicle Code for such 10 motorcycle, motor-driven cycle or other motor vehicle based on a 11 distance of fifty feet from the path of travel within the speed 12 limits specified in Section 2.3130." 13 SECTION 137. Section 12.04.040 of the San Bernardino 14 Municipal Code is amended to read: 15 "12.0ILOI}0 All work to be begun and completed diligently. 16 It is unlawful for any person owning, maintaining, or 17 controlling any property located in or under any public street, 18 or public place in this City to neglect, fail, or refuse to begin 19 the work of moving, relocating, or disconnecting such property 20 within sixty days after the giving of such written notice by the 21 City to do so as provided in Sections 12.04.020, 12.04.030 and 22 this section, or to fail or refuse to prosecute such moving, 23 relocating or disconnecting diligently to completion. The City 24 shall have the power to move, relocate or temporarily disconnect 25 any property located in or under any public street, or public 26 place in this City owned, maintained, or controlled by any I . I person, in the event such person neglects, fails, or refuses, 27 28 I within sixty days after the giving of notice, as aforesaid, to 1~9 ~C-460 13 , ' 1 begin the work of moving, relocating, or disconnecting the same, 2 or fails to prosecute such work diligently to completion. The 3 costs necessarily incurred in doing the work by the City may be 4 recovered by the City from the person owning, maintaining, 5 operating, or controlling the property." 6 SECTION 138. Section 12.04.070 Subsection B of the San 7 Bernardino Municipal Code is amended to read: 8 "B. It is unlawful to remove material from any street in 9 such manner as to render such street impassable or dangerous to 10 public travel." 11 SECTION 139. Section 12.04.070 Subsection C of the San 12 Bernardino Municipal Code is amended to read: "C. It is unlawful for any person to make excavation in or 14 under the surface of any street, or sidewalk, for the 15 installation, repair, or removal of any pipe, conduit, duct, or 16 tunnel, or for any other purpose except the installation of poles 17 and anchor serving overhead lines without first: 18 1. Making and filing a written application with the 19 Director of Public Services a minimum of twenty-four hours prior 20 to starting any excavation, except any person, or firm holding a 21 public utility franchise in the City may, for emergency purposes 22 only, make and file a written application during the next 23 business day following the making of such emergency cut or 24 I excavation; 25 2. Receiving a written permit from the Director of Public 26 Services; 27 3. Making a deposit to cover the cost of installation 28 including: 50 " .' MC-460 ' , I a. Inspection; 2 b. Restoring the street or sidewalk to its original 3 condition; 4 c. Incidental expenses in connection therewith, as 5 hereinafter provided for." 6 SECTION 140. Section 12.04.070 Subsection F of the San 7 Bernardino Municipal Code is amended to read: 8 "F. It is unlawful for any person to make any excavation, 9 install or maintain any tank, pipe, conduit, duct, or tunnel, in 10 or under the surface of any street, or sidewalk, at any location II other than that described in the application, and shown on the 12 plats filed by such person as required in Subsection D of this 13 section. Any deviation in location necessitated by actual field 14 conditions shall be corrected on final plats required by Section 15 12.04.200." 16 SECTION 141. Section 12.04.180 Subsection A of the San 17 Bernardino Municipal Code is amended to read: 18 "A. It is unlawful for any person to make any excavations 19 in any street or sidewalk without maintaining safe crossings for 20 vehicle traffic at all street intersections, alleys, and private 21 driveways, and safe crossing for pedestrians at intervals of not 22 more than three hundred feet." 23 SECTION 142. Section 12.04.210 Subsection A of the San 24 Bernardino Municipal Code is amended to read: 25 "A. It is unlawful for any person to open or remove the 26 cover of any manhole, vault, or structure in any City street, 27 alley, sidewalk, or public place, or to allml any manhole to 28 remain open in or upon any City street, alley, sidewalk, or 51 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 public place, without first placing, and at all times maintaining, immediately adjacent to the openings of any manhole, and while such manhole remains open, at least two red flags, or two danger signs, between one-half hour before sunrise and one- half hour after sundo~m, and at least two red lights between one- half hour after sundo1rm and one-half hour before sunrise. All flags, lights, and danger signs shall conform to the requirements outlined in the current, and hereafter amended 't1anual of Harning Signs, Lights, and Devices for Use in Performance of Work Upon Highways' of the Department of Public Works of the State of Californi.a." SECTION 143. Section 12.04.220 of the San Bernardino Municipal Code is amended to read: "12.04.220 Violation - Penalty. Any person violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. In addition to any other remedies in this chapter, the enforcement of the penal provisions shall not constitute a bar to the exercise by this City of all other powers conferred upon it by this chapter; and the exercise by the City of the powers herein conferred upon it by this chapter does not constitute a bar to criminal prosecution for the violation of the penal provisions of this chapter." SECTION llili. Section 12.08.010 of the San Bernardino Municipal Code is amended to read: "12.08.010 Permission in writing required. It is unlawful for any person, firm or corporation to 52 . MC-460. 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . encroach upon, obstruct or close any public street, alley, court or any portion thereof within the City, for any purpose, without first obtaining permission in writing to do so from the Director of Public Services." SECTION 145. Section 12.08.110 of the San Bernardino Municipal Code is amended to read: "12.08.110 Violation - Penalty. Any person violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 146. Section 12.12.050 of the San Bernardino Hunicipal Code is amended to read: "12.12.050 Violation - Penalty. Any person, firm or corporation who violates any provision of this chapter, or fails to comply with the conditions of this chapter, is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 147. Section 12.28.060 of the San Bernardino Municipal Code is amended to read: "12.28.060 Permit required. It is unlawful for any person, firm or corporation to grade, prepare, subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, sidewalks, manholes, catch basins, retaining walls, traffic signals, street lighting systems, or similar structures in any street, alley or way, which street, alley or way is dedicated or proposed to be dedicated for public use, within the City, without first obtaining a written permit 53 KC-460. . 1 from the City to do so. No such permit shall be issued for use 2 of quarry tile or ceramic tile for such improvements, but 3 permission may be granted for use of patterned concrete in such 4 sidewalks, street medians and parkways. The Director of Public 5 Works/City Engineer may establish a standard color for patterned 6 concrete to be placed in sidewalks, street medians and parkways 7 on public developments, but the developer shall have the right to 8 choose the color if the improvements are being made by a private 9 developer." 10 SECTION 148. Section 12.28.100 Subsection A of the San 11 Bernardino Municipal Code is amended to read: 12 "A. It is unlawful for any person, firm or corporation 13 performing work under this chapter to fail, neglect or refuse to 14 remove all unused materials and debris within three days after 15 completion of the work." 16 SECTION 149. Section 12.28.110 Subsection B of the San 17 Bernardino Municipal Code is amended to read: 18 "B. Criminal Penalties: Any person; firm or corporation 19 violating any provision of Sections 12.28.060 through 12.28.100 20 is guilty of an infraction, which upon conviction thereof is 21 punishable in accordance with the provisions of Section 1.12.010 22 of this Code." 23 SECTION 150. Section 12.32.040 of the San Bernardino 24 t1unicipal Code is amended to read: 25 "LZ.32.0L,.0 Violation of Sections 12.32.010 through 26 12.32.030 - Penalty. 27 II lof Sections 12.32.010 through 12.32.030, or who refuses or Any person, firm or corporation who violates any provision 28 54 'I MC-460 1 neglects to comply with the notice required to be given within 2 five days after receiving such notice, is guilty of an 3 infraction, which upon conviction thereof is punishable in 4 accordance with the provisions of Section 1.12.010 of this Code." 5 SECTION 151. Section 12.32.070 of the San Bernardino 6 Municipal Code is amended to read: 7 "12.32.070 Violation of Sections 12.32.050 through 8 12.32.060. 9 Any person, firm or corporation violating any provision of 10 Sections 12.32.050 through 12.32.060 is guilty of an infraction, 11 which upon conviction thereof is punishable in accordance with 12 the provisions of Section 1.12.010 of this Code." 13 SECTION 152. Section 12..36.01+0 of the San Bernardino 14 Municipal Code is amended to read: 15 "12.36.040 Violation of Section 12.36.030 - Penalty. 16 Any person, firm or corporation violating any provision of 17 Section 12.36.030 is guilty of a misdemeanor, which upon 18 conviction thereof is punishable in accordance with Section 19 1.12.010 of this Code." 20 SECTION 153. Section 12.40.110 of the San Bernardino 21 i1unicipal Code is amended to read: 22 "12.40.110 Unlawful acts. 23 It is unlawful for any person to carve or injure the bark of 24 any tree, shrub, palm or bush that is planted or gro~m on any of 25 the public streets, sidewalks, parkways, lanes, alleys, parks, or 26 other public places in the City. It is unlawful for any person 27 to attach any rope, wire or other contrivance to the tree, shrub, 28 palm or plant; to cause or permit anyone to dig in or otherwise 55 MC-460 . 1 disturb grass areas in public places, or in any other way injure 2 or impair the natural beauty or usefulness of any public area; to 3 cause or permit any wire charged with electricity to come in 4 contact with the tree, shrub, palm or plant; to allow any 5 gaseous, liquid or solid substance which is harmful to the tree, 6 shrub, palm or plant to come in contact therewith." 7 SECTION 154. Section 12.40.140 of the San Bernardino 8 Municipal Code is amended to read: 9 "12.1+0.14<0 Violation - Penalty. 10 Any person violating any provision of this chapter is guilty 11 of an infraction, which upon conviction thereof is punishable in 12 accordance with the provisions of Section 1.12.010 of this Code." 13 SECTION 155. Section 12.44.030 Subsections Band C of the 14 San Bernardino Municipal Code are amended to read: 15 "B. It is unlawful for any person to wilfully and 16 maliciously stand or sit in, obstruct or occupy any public 17 street, sidewalk or crosswalk, or sit, stand in, obstruct or 18 occupy any public stairway, escalator, elevator, passageway, or 19 sidewalk in or immediately surrounding a public mall or building 20 owned, operated or maintained by the City, or stand, sit in, 21 occupy or obstruct the entrance or exit to and from any publ ic 22 hall, meeting place and public building within the boundaries of 23 the City, so as in any manner to obstruct the free passage 24 thereon or to hinder, molest or annoy any person while passing 25 along the same. 26 C. Any person who violates any provision of this section is 27 guilty of an infraction, which upon conviction thereof is 28 punishable in accordance with the provisions of Section 1.12.010 56 MC-460 I I' I 1 of this Code." 2 SECTION 156. Section 12.44.040 of the San Bernardino 3 Municipal Code is amended to read: 4 "12 .44 .OL~O Draining water on streets unlawful - Penalty. 5 It is unlawful for any person to drain water or to permit 6 water to be drained or to cause or permit water, except 7 rainwater, to flow or escape from his or her lands onto any 8 public street, alley, way, highway, park or other public place by 9 any means which resul ts in damage to the street, alley, way, 10 highway, park or other public place, or which causes interference 11 with or damage or hazard to public travel or use. It is unlawful 12 to place or cause to be placed in any street, alley, way, 13 highway, park, or other public place any obstruction which causes 14 interference with, or damage or hazard to public travel or use. 15 Any person who violates any provision of this section is 16 guilty of an infraction, which upon conviction thereof is 17 punishable in accordance with the provisions of Section 1.12.010 18 of this Code." 19 SECTION 157. Section 12.44.080 of the San Bernardino 20 Municipal Code is amended to read: 21 "12.44.080 Violation of Sections l2.L~4.040 through 22 12.4L~.070 - Penalty. 23 Any person violating any provision of Sections 12.44.040 24 through 12.44.070 is guilty of an infraction, which upon 25 conviction thereof is punishable in accordance with the 26 provisions of Section 1.12.010 of this Code." 27 SECTION 158. Section 12.44.120 of the San Bernardino 28 Municipal Code is amended to read: 57 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . I. "12.44.120 Violation of Sections 12.1..4.090 through 12.44.110 - Penalty. Any person violating any provision of Sections 12.44.090 through 12.44.110 is guilty of an infraction, which upon conviction thereof is punishable in accordance with Section 1.12.010 of this Code." SECTION 159. Section 12.48.010 Subsection B of the San Bernardino Municipal Code is amended to read: "B. Any person violating Subsection A is guil ty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 160. Section 12.48.050 of the San Bernardino Municipal Code is amended to read: "12.43.050 Violation of Sections 12 .l~8 .020 through 12.48.040 - Penalty. Any person violating any provision of Section 12.48.020 through 12.1..8.0l~0 is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 161. Section 12.52.040 of the San Bernardino Municipal Code is amended to read: "12.52.04.0 Violation - Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 162. Section 12.56.040 of the San Bernardino Municipal Code is amended to read: 58 KC-460' 1 "12.56.01~0 Violation - Penalty. 2 Any person violating any provision of this chapter is guilty 3 of an infraction, which upon conviction thereof is punishable in 4 accordance with the provisions of Section 1.12.010 of this Code." 5 SECTION 163. Section 12.60.020 of the San Bernardino 6 Municipal Code is amended to read: 7 "12.60.020 Violation - Penalty. 8 Any person, firm or corporation violating any provision of 9 this chapter is gui 1 ty of an infraction, which upon conviction 10 thereof is punishable in accordance with the provisions of 11 Section 1.12.010 of this Code." 12 SECTION l6L.<. Section 12.68.010 of the San Bernardino \3 t1unicipal Code is amended to read: 14 "12.68.010 Operation of vehicles in designated areas only. 15 It is unlawful for any person to operate, drive or ride a 16 bicycle, unicycle, tricycle, motorcycle, horse or any other 17 animal in any public park or on school grounds except in areas 18 designated and posted specifically for such use." 19 SECTION 165. Section 12.68.020 Subsection A of the San 20 Bernardino Municipal Code is amended to read: 21 "A. It is unlawful for any person to be or remain in any 22 public park between the hours of ten p.m. of any day to six a.m. 23 of the next succeeding day except upon written approval of the 24 Director of Parks, Recreation and Community Services or the Mayor 25 and Common Counc i 1 . " 26 SECTION 166. Section 12.68.020 Subsection C of the San 27 Bernardino Municipal Code is amended to read: 28 "C. The Chief of Police, or his or her designee, shall be 59 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. , . " authorized to close any City park whenever, in his or her best judgment, it is necessary for the health, safety and welfare of the community. It is unlawful for any person to be or remain in any public park after having been informed that such park has been closed by order of the Chief of Police or his or her designee." SECTION 167. Section 12.68.030 of the San Bernardino Municipal Code is amended to read: "12.68.030 Violation - Penalty. Any person violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provis ions of Section 1.12.010 of this Code." SECTION 168. Section 12.72.050 of the San Bernardino Municipal Code is amended to read: "12.72.050 Violation - Penalty. "Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 169. Section 12.76.050 of the San Bernardino Municipal Code is amended to read: "12.76.050 Violation - Penalty. Any person violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provis ions of Section 1.12.010 of this Code." SECTION 170. Section 12.80.040 of the San Bernardino Municipal Code is amended to read: "12.80.040 Perml t - Required when group exceeds hlenty-fi ve 60 . " .. persons. It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than twenty-five persons to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a written permit from the Director as provided for in this chapter." SECTION 171. Section 12.80.050 of the San Bernardino Municipal Code is amended to read: "12.80.050 Park and recreation sponsored classes - Permit required. It is unlawful for any person, firm, corporation, society or organization to hold classes, courses of instruction or any activity where a fee or any form of compensation is charged or anything of value is obtained in a park or building, except in accordance with a written permit issued by the Director for such classes, courses of instruction or activity sponsored by or approved by the Department of Parks and Recreation pursuant to the provisions of this chapter." SECTION 172. Section 12.80.120 of the San Bernardino Municipal Code is amended to read: "12.80.120 Displays and sales for profit. It is unlawful for any person to sell or offer for sale any merchandise, article or thing of any kind or nature whatsoever unless such person possesses the written consent of the Director." SECTION 173. The first paragraph of Section 12.80.130 of 61 MC-460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .<< the San Bernardino Municipal Code is amended to read: "Within the limits of any public park or playground in or upon any facility or building located therein and owned or controlled by the City, it is unlawful for any person to:" SECTION l7lf. Section l2.30.l/iO of the San Bernardino Municipal Code is amended to read: "12.80.lLfO Violation - Penalty. Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance \Jith the provisions of Section 1.12.010 of this Code." SECTION 175. Section 12.88.010 of the San Bernardino Municipal Code is amended to read: "12.81}'OlO Definition - Activity restricted except in certain places. It is unlawful for any person to engage in the activity of hang gliding in or over any place within the City limits except in those places recommended by the Director of Parks, Recreation and Community Services and approved by the Mayor and Common Council. As used in this chapter, 'hang gliding' means any activity whereby any person or persons glide, float or sail through the air in or on a hang glider. A 'hang glider' means a glider, kite, hot air balloon, device or contrivance so constructed that it will carry a person on wind, air or human power." SECTION 176. Section 12.88.020 of the San Bernardino Muncipal Code is amended to read: "12.88.020 Violation - Penalty. 62 MC-460 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , , Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 177. Section 13.08.110 of the San Bernardino Municipal Code is amended to read: "13.08.110 Violation -- Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 178. Section 13.12.010 of the San Bernardino Hunicipal Code is amended to read: "1.3.12.010 Compliance \~ith chapter and other laws. It is unlawful for Bny person to install, maintain or allow to exist, or to fail, neglect or refuse to comply with a notice requiring the correction of any cross-connection, which is not in compliance with the provisions of this chapter, the Uniform Plumbing Code, latest adopted edition, the California Administrative Code, and other laws relating to cross-connections and backflow prevention devices. A finding by the Water Department of the City or the County Health Officer that a cross- connection does or may contaminate water for drinking or domestic purposes shall be prima facie evidence of a violation of this chapter." SECTION 179. Section 13.12.020 of the San Bernardino Municipal Code is amended to read: "13.12.020 Test and report of check valves, pressure vacuum 63 MC-460 . 1 breakers or bac)dlo~J prevention devices. 2 It is unlawful for any person to fail, refuse or neglect to 3 test and report to the Hater Department or health officer on the 4 condition of all check valves, double-check valves, pressure 5 vacuum breakers or hackflow px-evention devices installed to 6 prevent contamination or pollution of drinking water systems. 7 Such tests, maintenance and reports shall be as required by rules 8 adopted by the Hater Commissioners and by Section 13.12.010 of 9 this Code." 10 SECTION 180. Section 13.12.040 of the San Bernardino 11 Municipal Code is amended to read: 12 "13.12.01,<0 Violation - Penalty. 13 Any person, firm or corporation violating any provision of 14 this chapter is guilty of an infraction, which upon conviction 15 thereof is punishable in accordance with the provisions of 16 Section 1.12.010 of this Code." 17 SECTION 131. Section 13.16.050 of the San Bernardino 18 Municipal Code is amended to read: 19 20 "13 .16 .050 Violation - Penalty. 21 of an infraction, which upon conviction thereof is punishable in Any person violating any provision of this chapter is guilty 22 accordance with the provisions of Section 1.12.010 of this Code." 23 24 25 26 27 28 SECTION 182. Section 13. 20 .t~20 of the San Bernard ino I Municipal Code is amended to read: I I !1 II I "13 . 20 .L~20 Wasteful or defective wells - Repair - Violati.on. .fuenever the General Manager determines that any well within the City is, by the nature of its construction, installation, or 64 MC-460 . ~ ,. I operation, causing wasteful use of thermal ground water or 2 geothermal fluids, or is adversely interferring with other wells, 3 or is polluting ground water or surface water, the General 4 Manager shall promptly notify the affected owner, by certified 5 mail, of the wasteful or defective well, and require said owner 6 to repair or ad just the 11Te 11 Ivi thin sixty days. It is unlawful 7 to fail to repair a well or to continue a wasteful or defective 8 operation after expiration of the sixty days following 9 notification, and violation of this section is an infraction, 10 which upon conviction thereof is punishable in accordance with II the provisions of Section 1.12.010 of this Code." 12 SECTION 183. Section 13.20.440 Subsection B of the San 13 Bernardino Municipal Code is amended to read: 14 "B. Violations. Any person violating any provi.sion of this 15 chapter is guilty of an infraction, which upon conviction thereof 16 is punishable in accordance with the provisions of Section i 17 i 1.12.010 of this Code." 18 SECTION 184. Section 1.3 .2L~.lOO of the San Bernardino 19 I Municipal Code is amended to read: I I "13.24.100 Permit - Required. I It is unlawful for any person to furnish or supply water to I , I ~a user for domestic purposes from any source of water supply iiunless he or she first files a written application to do so with iI Iii the Department and receives and possesses a valid permit as provided in Sections l3.2L~.110 through 13.2L~.140." ! 20 21 22 23 24 25 26 SECTION 185. Section 13.24.150 of the San Bernardino ! [Municipal Code is , ! 27 amended to read: 28 "13.24.150 Modifications to system - Notice required. 65 MC-460 . I . 1 It is unlawful for any person to modify, add to, or change 2 his or her source facilities or distribution system until he or 3 she notifies the Department, submits information required by the 4 Department, and receives approval from the Director authorizing 5 such modifications, additions, or changes." 6 SECTION 186. Section 13.24.230 Subsections A and B of the 7 San Bernardino t1unicipal Code are amended to read: 8 "A. Hhen it is determined by the Department that it is in 9 the public interest, the Department shall notify a person \~ho has 10 not met the standards of the Department for water quality of such 11 noncompl iance, and shall require such person to notify each of 12 his or her customers in writing of the Department's determination 13 that the quality of the water fails to comply with the standards, 14 requirements, or conditions established by the Department and to 15 include any comments of the Department regarding the possible 16 dangers because of such noncompliance. The content of such 17 statement shall be approved by the Department prior to 18 distribution. Notification by such person shall be repeated at 19 intervals as required by the Department or until the Department 20 determines that the quality of the water complies with the 21 standards or requirements of the Department. 22 B. Any person who fails to comply with the provisions of 23 this section is guilty of an infraction, which upon convicton 24 thereof is punishable in accordance with the provisions of 25 Section 1.12.010 of this Code." 26 SECTION 187. Section 13.24.240 of the San Bernardino 27 Municipal Code is amended to read: 28 "13.2Il..2b,0 Permits for I"lells ;.. Required. 66 ,MC-469 I, I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i I 28 I 1 . It is unlawful for any person, as principal, agent, or employee, to dig, drill, bore, reconstruct, or destroy: A. A well that is or has been used to produce or inject water; B. a cathodic protection well; C. An observation well; or D. An exploration well unless he or she first files a written application to do so with the Department and receives and possesses a valid permit as provided in this chapter." SECTION 188. Section 1.3. 2q. 280 of the San Bernard ino Municipal Code is amended to read: "13.2Lf.280 Licensing and registration of water well drillers and contractors. It is unlawful for any person to engage in an activity listed in this chapter unless he or she is in compliance with the provisions of this chapter and has a valid license in accordance with the California Contractor's State License Law (Chapter 9, Division.3 of the Business and Professions Code), as appropriate to the activity to be engaged in. Such a person shall register with the Department prior to commencing any activity regulated by this chapter." SECTION 189. Section 13.24.420 of the San Bernardino ~Jnicipal Code is amended to read: "13.24.lf20 Director's right of entry. It is unlawful for any person to resist or attempt to resist the entrance of the Director or his or her deputy onto any premises for the purposes of the performance of his or her duty 67 ~C-460 II I, II I: 'I 1 II ;1 2 II I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . or to refuse to obey any lawful order of the Director made in the performance of his or her duties within the power conferred upon him or her by la,,! or by this chapter." SECTION 190. The title to Section 13.24.430 of the San Bernardino Municipal Code is amended to read: "13.2l~.430 Violation - Right of entry - Penalty." SECTION 191. Section 13.24.430 Subsection C of the San Bernardino Municipal Code is amended to read: "C. Every person, firm, association, society or corporation violating any provision of this chapter or failing to comply with any order the Department issued pursuant to this chapter, or who procures, aids, or abets in any such violation or failure, is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 192. Section 13.32.320 Subsection A of the San Bernardino Municipal Code is amended to read: "A. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code." SECTION 193. Section 13.36.120 of the San Bernardino Municipal Code is amended to read: "13.36.120 Violation - Penal ty. It is unlawful for any person to violate any provision or to f ail to comply v1i th any requirement of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of an infraction, which upon 68 MC--460 . . 1 conviction thereof is punishable in accordance with the 2 provisions of Secti.on 1.12.010 of this Code." 3 SECTION 194. Section 14.04.040 of the San Bernardino 4 Municipal Code is amended to read: 5 "ltf.04.040 Violation - Penalty. 6 Any person, firm or corporation exercising or attempting to 7 exercise any franchise for any of such purposes or laying or 8 maintaining any pipes or conduits in or upon any street in the 9 City, for the transmission of gas, water, heat, steam or other 10 substance, or erecting any telephone, telegraph or electric light 11 or power poles, wires, or system, within the City in violation of 12 this chapter is guilty of an infraction, which upon conviction 13 thereof is punishable in accordance with the provisions of 14 Section 1.12.010 of this Code." 15 SECTION 195. Section 14.08.750 Subsection A of the San 16 Bernardino ~funicipal Code is amended to read: 17 "A. Any person violating any provision of this chapter is 18 guilty of an infraction, which upon conviction thereof is 19 punishable in accordance with the provisions of Section 1.12.010 20 of this Code." 21 SECTION 196. Section 15.72.040 Subsection D of the San 22 Bernardino ~funicipal Code is amended to read: 23 "D. It is unlawful for any person to construct, locate, 24 extend, convert or alter any structure or land without full 25 compliance with the terms of this chapter and other applicable 26 regulations. This chapter is not intended to repeal, abrogate, 27 or impair any existing easements, covenants, or deed 28 restrictions. However, where this chapter and another ordinance, 69 . MC-460' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . i , . easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail." SECTION 197. Chapter 15.74 is added to the San Bernardino f.1unicipal Code to read: "CHAPTER 15. 7Lf VIOLATION - PENALTY 15.74.010 Violation - Penalty. A. Any person, firm or corporation whether as principal, agent, employee or otherwise violating or causing the violation of any provision of this title, or the codes adopted herein, with the excepti.on of Article 3 of the Uniform Fire Code, is gui.l ty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing the violation of any provision of Article 3 of the Uniform Fire Code is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance \qi th the provis ions of Sec Hon 1.12.010 of this Code. B. The imposition of any penalty for any violation of this title shall not excuse the violati.on or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions." SECTION 198. Section 16.12.150 of the San Bernardino Municipal Code is amended to read: "16.12.150 Violation - Penalty. Any person violating any of the provisions of this chapter 70 . MC.!460 . J , , ,/" , . .. " 1 is guilty of an infraction, which upon conviction thereof is 2 punishable in accordance with the provisions of Section 1.12.010 3 of this Code." 4 SECTION 199. Section lB.80.0l0 of the San Bernardino 5 Municipal Code is amended to read: 6 "18.80.010 Violation an infraction - Penalty. 7 Any person who knowingly and wilfully violates any provision 8 of this title or fails to comply with any mandatory requirement 9 of this title is guilty of an infraction, which upon conviction 10 thereof is punishable in accordance with the provisions of 11 Section 1.12.010 of this Code." 12 SECTION 200. The first paragraph of Section 19.10.020 of 13 the San Bernardino Municipal Code is amended to read: 14 "It is unlauful for any person to use a building or land, or 15 to erect, structurally alter, enlarge or maintain a building 16 except for the following purposes:" 17 SECTION 201. Section 19.12.020 of the San Bernardino 18 t1unicipal Code is amended to read: 19 "19.12.020 Uses permitted. 20 It is unlawful for any person to use a building or land, or 21 to erect, structurally alter, enlarge or maintain a building 22 except for the following purposes: 23 A. All uses permitted in the R-2 district; 24 B. Courts and apartment buildings subject to area per 25 dwelling unit provisions." 26 SECTION 202. The first paragraph of Section 19.14.020 of 27 the San Bernardino Municipal Code is amended to read: 28 "It is unlawful for any person to use a building or land, or 71 . MC-460 . . j ""'.. J . \ . I. " . " , ., 1 to erect, structurally alter, enlarge or maintain a buildin~ 2 except for the follO>'ling purposes:" 3 SECTION 203. Section 19.16.240 of the San Bernardino 4 Municipal Code is amended by adding a first paragraph to read: 5 "19.16.21~0 Unlm'lful acts and uses. 6 It is unlm'lful for any person to violate any of the 7 following:" 8 SECTION 204. The first paragraph of Section 19.20.020 of 9 the San Bernardino Municipal Code is amended to read: 10 "It is unlmlful for any person to use a building or land, or 11 to erect, structurally alter, enlarge or maintain a building 12 except for the following purposes:" 13 SECTION 205. The first paragraph of Section 19.22.020 of 14 the San Bernardino Municipal Code is amended to read: 15 "It is unlawful for any person to use a building or land, or 16 to erect, structurally alter, enlarge or maintain a building 17 except for the following purposes:" 18 SECTION 206. The first paragraph of Section 19.24.020 of 19 the San Bernardino Municipal Code is amended to read: 20 "It is unla\'lful for any person to use a building or land, or 21 to erect, structurally alter, enlarge or maintain a building 22 except for the following purposes:" 23 SECTION 207. The first paragraph of Section 19.26.020 of 24 the San Bernardino Municipal Code is amended to read: 25 "It is unlawful for any person to use a building or land, or 26 to erect, structurally alter, enlarge or maintain a building 27 except for the following purposes:" 28 SECTION 208. The first paragraph of Section 19.28.020 of 72 MC-4~O . ; . . .. . \ '" 1- , . . . . 1 the San Bernardino Municipal Code is amended to read: 2 "It is unlawful for any person to use a building or land, or 3 to erect, structurally alter, enlarge or maintain a building 4 except for the following purposes:" 5 SECTION 209. The first paragraph of Section 19.32.020 of 6 the San Bernardino Municipal Code is amended to read: 7 "It is unlawful for any person to use a building or land, or 8 to erect, structurally alter, enlarge or maintain a building 9 except for the following purposes:" 10 SECTION 210. The first paragraph of Section 19.34.020 of 11 the San Bernardino Municipal Code is amended to read: 12 "It is unlawful for any person to use a building or land, or 13 to erect, structurally alter, enlarge or maintain a building 14 except for the follOl.ling purposes:" 15 SECTION 211. The first paragraph of Section 19.36.020 of 16 the San Bernardino Municipal Code is amended to read: 17 "It is unlawful for any person to use a building or land, or 18 to erect, structurally alter, enlarge or maintain a building 19 except for the following purposes:" 20 SECTION 212. The first paragraph of Section 19.40.020 of 21 the San Bernardino t1unicipal Code is amended to read: 22 "It is unlawful for any person to use a building or land, or 23 to erect, structurally alter, enlarge or maintain a building 24 except for the following purposes:" 25 SECTION 213. The first paragraph of Section 19.40.030 of 26 the San Bernardino Municipal Code is amended to read: 27 "The following uses are unlawful in all zones in the City:" 28 SECTION 214. The first paragraph of Section 19.42.020 of 73 MC-460 . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . tI .. , _.."., 1 t ..., . . - the San Bernardino ~lnicipal Code is amended to read: ! or I I I "It is unlawful for any person to use a building or land, to erect, structurally alter, enlarge or maintain a building except for the following purposes:" SECTION 215. The first paragraph of Section 19.44.020 of the San Bernardino Municipal Code is amended to read: "It j.s unlawful for any person to use a building or land, or to erect, structurally alter, enlarge or maintain a building except for the following purposes:" SECTION 216. Section 19.46.030 of the San Bernardino Municipal Code is amended to read: "19 .lf6. 030 Prohi bi tion. It is unlawful to cause or permit the establishment or substantial enlargement of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within two thousand feet of another such business or within one thousand feet of any religious institution, school or public park within the City or within one thousand feet of any property zoned for residential use or used for residential purposes." SECTION 217. Section 19.60.040 of the San Bernardino ~Jnicipal Code is amended to read: "19.60.0lfO Prohibition. It is unlawful for any person except a public officer or employee in the performance of a public duty to attach a sign to any public property except as may be required by ordinance or law." SECTION 218. The first paragraph of Section 19.60.130 of 71" MC-460 , ,...", . 14 . , , .. ",,,,~ "-1 '\ '.. - ~ . . . . . . .~ .' . 1 the San Bernardino Municipal Code is amended to read: 2 "The following signs are unlawful in the City of San 3 Bernardino:" 4 SECTION 219. Section 19.68.010 of the San Bernardino 5 Ifunicipa1 Code is amended to read: 6 "19.68.010 Permit required - Filing application. 7 It is un1a1Jfu1 to move any building or structure, including 8 f actory-buil t and manufactured hous ing, to any lot or parce 1 in 9 the City without first obtaining from the Planning Commission a 10 permit for such moving to be done." 11 SECTION 220. Section 19.82.030 of the San Bernardino 12 Municipal Code is amended to read: 13 "19.82.030 Penalties for violation. Any person, firm or corporation, whether as principal, 15 agent, employee, or otherwise, violating or causing the violation 16 of any of the provisions of this title is guilty of an 17 infraction, which upon conviction thereof is punishable in 18 accordance with the provisions of Section 1.12.010 of this Code." 19 20 21 22 23 SECTION 221. Sections 5.04.635, 5.32.120, 5.36.210, 5.40.100, 5.lf8.050, 5.52.110, 5.56.060, 5.56.100, 5.60.320, 5.68.080, 5.76.570, 5.76.590, 5.80.230, 6.08.070, 6.12.100, 6 .16 .OL~O, 6.20.060, 6.28.030, 6.32.010 D, 6.38.07.0, 8.21.180, 8.30.100, 9.52.060, 10.24.080, 13 .2A.M+0, l5.0lf.230, 15.16.180, 24 15.28.180, 15.32.040, 15.36.020, 15.38.060, 15.40.050, 15.48.110, 25 15.52.070, 15.60.270, 15.68.060 and 18.60.040 and Chapters 5.48, 26 8.07 and 8.12 of the San Bernardino Municipal Code are hereby 27 repealed. 28 I HEREBY CERTIFY that the foregoing ordinance was duly 75 "I\f<t~o ,. -. , 2 3 " 1 " . " . " . I . -- . . . o. , . . . . " I . . . , ! I i adopted by the Mayor ann COlnmon Counci 1 of the Ci ty of San I Bernardino at an Adjourned Reqular meeting thereof, held , 1985, by the following on the 13th day of Hay 4 vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 An:s: C01Jnci 1 14embers Castaneda, Reilly, Hernandez, Harks, Quiel, Frazier, Strickler NAYS: None ABSENT: None of ino The foregoing ordinance is day Hay , 1985. Approved as to form: i ty At orney 76