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HomeMy WebLinkAboutMC-892 Effective: February 10, 1994 1 ORDINANCE NO. MC-892 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE 3 DESTRUCTION OF WEAPONS IN THE CUSTODY OF THE POLICE DEPARTMENT 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 8. 65 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "8. 65.010 Destruction of Weapons in Custody of Police Department 9 Any weapon which is determined to be a nuisance 10 pursuant to Penal Code §12028 and is in the possession of the San Bernardino Police Department shall annually 11 in the month of July, or sooner, if necessary to conserve local resources including space and 12 utilization of personnel who maintain files and security of those weapons, be destroyed so that it can 13 no longer be used as such a weapon except upon the certificate of a judge of a court of record, or of the 14 San Bernardino County District Attorney or of the San Bernardino City Attorney, that the retention of it is 15 necessary or proper to the ends of justice. 16 8. 65.020 Lost or Stolen Weapons 17 If any weapon has been lost or stolen and is thereafter recovered, or is used in such a manner as 18 to constitute a nuisance pursuant to Penal Code §12028 and §8. 65.010 of this chapter, without the prior 19 knowledge of its lawful owner that it would be so used, it shall not be destroyed but shall be restored 20 to the lawful owner, if his or her identity and address can be reasonably ascertained, as soon as its 21 use as evidence has been served, upon his or her identification of the weapon and proof of ownership. Sufficient identification of ownership shall include, but shall not be limited to, a police report made at or near the time of loss or theft, or at or near the time of discovery of the loss or theft. A police 24 report by itself listing the lost or stolen weapon is sufficient identification of ownership. 25 8.65.030 Alternatives to Destruction 26 (a) Pursuant to the authority of Penal Code §12030, 2� when the Police Department has custody of any firearms which may be useful to the California National Guard, 28 the Coast Guard Auxiliary, or to any military or naval DAB/is [Destruction.0rd] 1 December 9. 1993 MC-892 1 agency of the federal or state government, including but not limited to, the California National Guard 2 military museum and resource center, it may, upon the authority of the Mayor and Common Council and the 3 approval of the Adjutant General, deliver the firearms to the commanding officer of a unit of the California 4 National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal 5 government in lieu of destruction as required by this chapter. The Police Department shall take a receipt 6 for the firearms containing a complete description thereof and shall keep the receipt on file as a public 7 record. 8 (b) When the Police Department has custody of any firearms, or any parts of any firearms, which are 9 subject to destruction as required by this chapter it may, in lieu of destroying the weapons, retain and use 10 any of them as may be useful in carrying out the official duties of the Department, or upon approval of 11 a court, may release them to any other law enforcement agency for use in carrying out the official duties of 12 that agency, or may turn over to the criminalistics laboratory of the Department of Justice or the 13 criminalistics laboratory of any other police department, sheriff's office, or district attorney's 14 office any weapons which may be useful in carrying out the official duties of their respective agencies. 15 (c) An firearm,, or part of any firearm, which, 16 rather than being destroyed, is used for official purposes pursuant to this section shall be destroyed 17 by the Department or other agency using the weapon when it is no longer needed for use in carrying out 18 official duties. 19 (d) The Police Department may, in lieu of destroying any firearms as required by this chapter, obtain an 20 order from the Superior Court directing the release of the firearms to the sheriff. The sheriff shall record 21 a description of such firearms and release them to a basic training academy as provided in Penal Code 22 §12030(d) 23 8. 65.040 Notice to Department of Justice 24 Pursuant to Penal Code §12030(e) , when the Police Department retains or destroys a firearm pursuant to 25 this chapter it shall notify the Department of Justice of the retention or destruction. The notification of 26 each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number. 27 8. 65.050 Temporary Custody of Certain Firearms 28 DAB/j. [Destruction.ord] 2 December 9, 1993 MC-892 1 This chapter shall not apply to those firearms taken into temporary custody at the scene of domestic 2 violence. Such weapons shall be disposed of as provided in Penal Code §12028.5 except that when such 3 - firearms are not claimed by or returned to the owners they shall not be sold but shall be destroyed as 4 provided in this chapter. 5 8. 65.060 Retention as Evidence The provisions of this chapter shall not apply to 6 those weapons which are or may be evidence in either a criminal or civil case, which weapons shall be 7 retained pending a final decision in such case. 8 8. 65.070 Definition of Firearm 9 For the purposes of this chapter, weapon and firearm shall be synonymous and firearm shall have the 10 definition provided in Penal Code §12401. " 11 I HEREBY CERTIFY that the foregoing Ordinance was duly 12 adopted by the Mayor and Common Council of the City of San d 13 Bernardino at a a rned > ,'o a meeting thereof, held on the 10th 14 day of j n„ary 1994,by the following vote, to wit: 15 Council Members: AYES NAYS ABSTAIN ABSENT 16 NEGRETE X 17 CURLIN X 18 HERNANDEZ X 19 OBERHELMAN X 20 DEVLIN _X 21 POPE-LUDLAM . X 22 MILLER X 23 24 City lark 25 26 27 28 DAB/js [Destruction.Ord] 3 December 9, 1993 MC-892 1 2 AN ORDINANCE. . .ADDING CHAPTER 8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DESTRUCTION OF WEAPONS IN THE 3 CUSTODY OF THE POLICE DEPARTMENT 4 The foregoing Ordinance is hereby approved this aX, day 5 of 1994. /J/ Tom Minor�, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, 10 City Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/je [Destruction.Ord] 4 December 9, 1993