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HomeMy WebLinkAbout47- Police J�J CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Amendment to Municipal Code COPY ection 9 . 12 .030 Dept: Police Date: April 12, 1996 Synopsis of Previous Council action: Recommended motion: That further reading of said Ordinance be waived and it be laid over for final adoption. Signature Contact person: Sergeant Keith Prostler Phone: 384-5079 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. 1717 CITY* OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Whenever there are disruptive individuals being ejected, we find they are reluctant to give any information to the officer and the law makes no provisions for the officer to obtain this information. As a result the security force has difficulty in tracking those individuals who have been ejected for 72-hours from one day to the next . There are many occasions where an officer will eject a regular trouble maker on "day one" and the person returns on "day two. " If the officer making the ejection is not working on "day two" and there is no record of the person being ejected, he goes undetected. This causes the law to become an ineffective tool in combating the problems we are having at the mall . The security force would like to have the authority to require a person to identify themselves to the officer when a 72-hour ejection is made. Identification should be required by either presenting identification or by orally giving the necessary information to the officer. If the offender refuses to ID themselves, a citation could then be issued. We therefore recommend that the Ordinance Amendment be adopted. 75-0264 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE 4 WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Section 9.12.030 of the San Bernardino Municipal Code is amended to 8 read: 9 9.12.030 -Authority of Mayor or other officials. 10 A. The mayor, or any officer or employee designated by him or law to maintain order 11 12 in any building or facility owned or leased by the City, may notify a person, except any officer 13 or employee of a governmental agency on official business,that consent to remain in building 14 or facility has been withdrawn whenever there is reasonable cause to believe that such person 15 has willfully disrupted conduct of activities of such building or facility and may direct such 16 person to identify him/herself and to leave the building. 17 18 B. Any person who has been directed to leave a City building or facility pursuant to 19 subsection A above shall identify himself/herself to the officer by providing his/her full name, 20 address, and date of birth. Any person who refuses to identify him/herself or who fails to 21 immediately leave such building or facility or who wilfully and knowingly re-enters such 22 building or facility within seventy-two hours after being directed to leave, is guilty of a 23 24 misdemeanor or an infraction which, upon conviction thereof, is punishable in accordance with 25 the provisions of Section 1.12.010 of this Code. 26 27 28 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2 9.12.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE WILLFUL DISRUPTION IN A CITY BUILDING OR FACILITY. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on 6 the_day of , 1996, by the following vote, to wit: 7 Council Mem er : AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 10 CURLIN 11 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 15 16 MILLER 17 18 City Clerk 19 The foregoing ordinance is hereby approved this day of 20 , 1996. 21 22 TOM MINOR, Mayor 23 City of San Bernardino Approved as to 24 form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: 2