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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Ordinance . . . Amending Sections
9.28.010 and 9.28.040 of the S.B.M.C.
Relating to Offenses Against Public
Decency
Dept: City Attorney
Date: June 27, 1996
Synopsis of Previous Council action:
Recommended motion:
Waive further reading and lay over for final adoption.
Signature
Contact person:_ Stacey Aldstadt Phone: x5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: _(Acct. No.)
(Acct. Description)
Finance:
Council Notes-
75-0262 Agenda Item No. 32
-71I S/19g6
CITY OF SAN BERNARDINO --- REQUEST FOR COUNCIL ACTION
STAFF REPORT
As it currently reads, Section 9.28.010 provides that urinating or defecating in public are
misdemeanors. However, Section 9.28.040 provides that all violations of Chapter 9.28 are infractions,
without excepting violations of Section 9.28.010.
The proposed amendments would clarify the penalties for violations of Chapter 9.28 and would
allow for discretion in prosecuting such violations as either a misdemeanor or an infraction.
It is therefore recommended that the attached ordinance amending Sections 9.28.010 and 9.28.040
be approved.
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 9.28.010 AND 9.28.040 OF THE SAN BERNARDINO MUNICIPAL CODE
PERTAINING TO OFFENSES AGAINST PUBLIC DECENCY.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Section 9.28.010 [Urination and defecation prohibited where] is
7 amended to read as follows-
8 "It is unlawful for any person to urinate or defecate in any public park, street, alley,
9 highway, public meeting, assembly, or other public place, or in the immediate neighborhood thereof
10 and in view from the same places; provided, that this section shall not be applicable to the act of
11 urinating or defecating in a proper receptacle in a restroom or bathroom in any enclosed structure."
12 SECTION 2. Section 9.28.040 [Violation -- Penalty] is amended to read as
13 follows:
14 "Any person or persons violating any provision of this Chapter is guilty of a misdemeanor
15 or an infraction and upon conviction thereof is punishable in accordance with the provisions of
16 Section 1.12.010 of this Code."
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 9.28.010 AND 9.28.040 OF THE SAN BERNARDINO MUNICIPAL CODE
2 PERTAINING TO OFFENSES AGAINST PUBLIC DECENCY.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting thereof,
6 held on the_ day of , 1996, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
9
CURLIN
10
ARIAS
11
OBERHELMAN
12
DE VLIN
13
ANDERSON
14
MILLER
15
16
17
City Clerk
18 The foregoing ordinance is hereby approved this— day of , 1996.
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20 TOM MINOR, Mayor
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11 City of San Bernardino
Approved as to
22 form and legal content:
23 JAMES F. PENMAN,
City Attorney
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25 By-
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