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HomeMy WebLinkAbout30- City Attorney's Office f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, Subject: Ordinance of the City of San Bernardino City Attorney Amending Chapter 9.90 of the San Bernardino Municipal Code relating to Authority to Arrest - Citations Dept.: City Attorney's Office Date: September 22, 1997 00[pv Synopsis of Previous Council action: Tabled on March 3, 1997. Recommended motion: That Council approve the City Attorney's proposal to amend San Bernardino Municipal Code §9.90.010 to authorize Parking District Security Officers employed by Facilities Management to arrest and issue notices to appear for violations of the San Bernardino Municipal Code and state statutes pursuant to Penal Code §836.5. (Signature) Contact person: Paula J. Coleman Phone: 5355 _ Supporting data attached: Ward: _ FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: Agenda Item No._ _ Ordinance Laid Over /D 161?l 73a 3 STAFF REPORT Council Meeting Date: October 6, 1997 i I TO: Mayor and Common Council I FROM: Paula J. Coleman, Deputy City Attorney DATE: September 25, 1997 AGENDA ITEM: Ordinance of the City of San Bernardino Amending Section 9.90.010 of the San Bernardino Municipal Code relating to Authority to Arrest and Issue Citations Currently, San Bernardino Municipal Code Chapter 9.90 enumerates the City Departments and their designated employees that are authorized to issue citations to enforce the San Bernardino Municipal Code. While parking district security officers employed by Facilities Management are authorized to issue parking citations pursuant to San Bernardino Municipal Code § 10.16.150, they are not authorized to issue violations for San Bernardino Municipal Code violations. Occasionally, while issuing parking citations, parking district security officers are confronted with unlawful conduct where they observe individuals violating the Municipal Code, but do not have the authority to issue a citation. As a result, the illegal conduct not only goes unpunished, but undeterred. By passing this amendment to Chapter 9.90 of the San Bernardino Municipal Code, parking district security officers are added to the list of City employees who are empowered to enforce the San Bernardino Municipal Code. aula J. Coleman Deputy City Attorney PJCIall[Staff.Rpt] 1 a I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010 3 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR 4 VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE STATUTES PURSUANT TO CALIFORNIA PENAL CODE § 836.5. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. Section 9.90.010 is hereby amended by adding subsection 11 to read as follows: 8 "9.90.010 Arrest - Citation. 9 A. 11. Parking District Security Officers, who shall be retired police 10 officers or reserve police officers, employed by the Facilities Management Department of the City of San Bernardino are 11 authorized and empowered to arrest and issue notices to appear for violations of the provisions of this Code and State statutes 12 pursuant to California Penal Code Section 836.5." 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// °s I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 9.90.010 2 AUTHORIZING PARKING DISTRICT SECURITY OFFICERS EMPLOYED BY FACILITIES MANAGEMENT TO ARREST AND ISSUE NOTICES TO APPEAR FOR 3 VIOLATIONS OF THE SAN BERNARDINO MUNICIPAL CODE AND STATE STATUTES PURSUANT TO CALIFORNIA PENAL CODE § 836.5. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 1997, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 NEGRETE 11 CURLIN 12 ARIAS 13 OBERHELMAN DEVLIN 14 ANDERSON 15 MILLER 16 17 CITY CLERK 18 19 The foregoing Ordinance is hereby approved this day of 1997 20 21 TOM MINOR, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: 24 25 JAMES F. PENMAN, City Attorney g 26 27 By 28 �,