HomeMy WebLinkAbout02- Ordinance 1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
9 . 84 .020 AND 9 . 84 .030 TO THE SAN BERNARDINO MUNICIPAL CODE TO
3 REQUIRE A MINIMUM TWO-DAY JAIL SENTENCE FOR THE UNLAWFUL
4 DISCHARGE OF A FIREARM, AND TO DEFINE THE TERM FIREARM.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
7 SECTION 1 . Section 9 . 84 .020 is added to the San Bernardino
8 Municipal Code and reads as follows :
9 "9 .84 . 020 Violation - Penalty.
10 Any person violating any provision of this chapter is
11 guilty of a misdemeanor which , upon conviction thereof , is
12 punishable in accordance with the provisions of Section 1 .12.010
13 of the Code except that any person violating any provision of
14 this chapter using a firearm upon conviction thereof shall be
15 punished by confinement in the county jail for at least two days
16 in addition to any fine imposed . If probation is granted upon
17 the conviction of any person using a firearm, a term of probation
18 shall be a minimum of two days in the county jail in addition to
19 any fine imposed . "
20 SECTION 2 . Section 9 . 84 .030 is added to the San Bernardino
21 Municipal Code and reads as follows :
22 "9.84 .030 Firearm - Defined .
23 As used in this chapter , the word firearm shall include any
24 device designed to be used as a weapon , from which is expelled a
25 projectile by the force of any explosion , or other form of
26 combustion , and shall include any rocket , rocket-propelled
27 projectile , launcher , or similar device containing any explosive
28 or incendiary material whether or not such device is designed for
emergency or distress signalling purposes . "
1-6-88 1
I I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof , held on
4 the day of , 1988 , by the following
5 vote , to wit:
6 AYES: Council Members
7
8 NAYS:
9 ABSENT:
10
11
12 City Clerk
13 The foregoing ordinance is hereby approved this day
14 of , 1988 .
15
16
Mayor of the City of San Bernardino
17
18 Approved as to form
and legal content:
19 1
ity Attorney
21
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28
1-6-88 2
PUBLIC PEACE, MORALS AND WELFARE
dangerous or deadly weapon to engage in any fight or to
participate in any other rough or disorderly conduct upon any
Public place or way or upon the premises of another. (Ord.
3547 § 3, 1976.)
9.80.040 Loitering with concealed weapon near premises
where intoxicating liquors are sold unlawful.
It is unlawful for any person who has concealed upon his
person any dangerous or deadly weapon to loiter about any
place where intoxicating liquors are sold or any other place
of public resort. (Ord. 3547 § 4. 1976.)
9.80.050 Exemptions.
The restrictions of this chapter shall not be deemed to
prohibit the carrying of ordinary tools or equipment carried
in good faith for uses of honest work, trade or business or
for the purpose of legitimate recreation. (Ord. 3547 § 5, 1976.)
9.80.060 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 the
Code. (Ord. MC-460, 5-13-85; Ord. 3547 § 6, 1976.)
Chapter 9.84
PROJECTILL
Sections:
9.84.010 Unlawful discharge.
9.84.010 Unlawful discharge.
It is unlawful to discharge an ins .iment of any kind or
description which throws a bullet or issile for any distance
by means of the elastic force of air or (-, �r explosive substance,
including but not limited to weapc using air or carbon
dioxide (CO2) to propel a bullet or mi and firearms. except
(San Bernardino 9-85) 570
AUTHORITY TO ARREST — CITATIONS
in a regularly licensed and approved shooting gallery or rifle
range for which a permit has been issued by the Mayor and
Common Council or except as otherwise authorized and per-
mitted by law. (Ord. 2939, 1968;Ord. 821 § 2420, 1921.)
Chapter 9.90
AUTHORITY TO ARREST — CITATIONS
Sections:
9.90.010 Arrest — Citation.
9.90.010 Arrest — Citation. (,/,,u nr L , 7 -j�)G ,?/,9.3� 7
A. Security guard personnel, who shall be off tuty or retired
police officers or reserve police officers, employed by the
Redevelopment Agency of the City of San Bernardino pur-
suant to an agreement between said Agency and the City,
40 empowered to a security guard program, are authorized and
empowered to arrest and issue notices to appear for viola-
tions of the provisions of Chapters 5.04, 8.15, 9.48, 9.49,
12.44, and Sections 9.12.030 and 10.16.210 for incidents
arising in the Central City Mall and public areas in, adjacent
to, or immediately surrounding said mall pursuant to
Section 836.5 and Chapters 5C and 5D of Part 2, Title 3
(Sections 853.6, et seq.) of tlic California Penal Code.
B. Police Assistants are authorized and empowered to issue
notices to appear for violations of any provision of this
Code.
C. The Planning Director, Prin,-ipal Planners, Senior Planners,
Associate Planners, Assistant Planners and Planning Aides
are authorized and empowered to issue notices to appear
for violations of Titles 18 :end 19 of this Code and for
violations of Chapters 8.15. 1.18, 8.21, 8.24, 8.27, 8.33,
8.36, 10.16, and 15.52 of the San Bernardino Municipal
Code.
(Ord. MC-464, 7-1-85; Ord. MC-404. 8-20-84; Ord. MC-372,
5-21-84; Ord. MC-254, 3-4-83.)
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570- (San Bernardino 9-85)
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