HomeMy WebLinkAbout38- City Attorney CITY OF SAN BERN - IDINO REQUEST F R COUNCIL ACTION
From: Subject:
James F. Penman An ordinance of the City of San Bernardino
aniending Section 2.46.100 of the San Bernardino
Dept: City Attorney leunicipad code relating to punishment for
violations of rules or regulations issued during
Date: March 29, 1993 an emergency
Synopsis of Previous Council action:
1971 adoption of Ordinance 3180 510
Recommended motion:
A. Waive further reading and adopt urgency ordinance
B. Waive further reading of standard ordinance and lay over for
final adoption
Signature
Contact person: Dennis A. Barlow Phone: 5255
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No 3e
CITY OF SAN BERN.,RDINO - REQUEST F �R COUNCIL ACTION
STAFF REPORT
During the riots following the Rodney King decision in State
court, the Mayor of Los Angeles declared a state of emergency and
issued an order which prohibited persons from being upon public
streets between certain hours in certain specified areas. The
order was issued pursuant to the authority of Section 8.77 of the
Los Angeles Administrative Code which reads in pertinent part:
"It shall be a misdemeanor . . . for any person,
during a local emergency declared pursuant to
this Chapter to:
"b. Do any act forbidden by any lawful rule,
regulation, order or directive issued pursuant
to this Chapter, if such act is of a nature as
to give, or be likely to give, assistance to
any national enemy, or imperil the lives or
property of other inhabitants of this City, or
to prevent, hinder or delay the defense or
protection thereof. "
In three unrelated incidents, three individuals were arrested
merely for being on the street after the curfew deadline. The
three cases were combined on appeal to the appellate division of
the Superior court as People v. Continola. In its decision, the
court stated:
"The People concede that no evidence was
presented in any of these three cases to
support a finding that any defendant did any
act that might imperil lives or property or
hinder or delay law enforcement. " (pg. 6)
The court concluded that under the terms of the ordinance,
individuals could not be prohibited from merely being on the
street, but only from being on the street doing an act which was of
a nature to imperil lives or property or prevent, hinder or delay
law enforcement. It should be noted that San Bernardino's
ordinance is virtually identical to that of the City of Los
Angeles.
Finally the court stated:
"We are aware of nothing in American law which
prevented the City legislative body from
enacting an ordinance which made any violation
of a mayor's emergency order a crime. " (pg.
8, emphasis in original, footnote omitted)
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75-0264
CITY OF SAN BERN. _RDINO - REQUEST F �R COUNCIL ACTION
STAFF REPORT
Pursuant to that invitation, two ordinance amendments are
proposed, one an urgency enactment. These amendments are identical
except that the urgency ordinance will take effect immediately.
They will provide that any act done in violation of a lawful rule
or regulation issued pursuant to Chapter 2.46 of the San Bernardino
Municipal Code and the emergency powers is a misdemeanor. These
amendments will meet the concerns expressed by the Court in the
Continola decision.
-2-
75-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46. 100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY; AND DECLARING THE URGENCY THEREOF
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 2.46. 100 of the San Bernardino Municipal
7 Code is hereby amended to read as follows:
8 "It shall be a misdemeanor, punishable by a
9 fine of not to exceed five hundred dollars,
10 or by imprisonment for not to exceed six
11 months, or both, for any person, during an
12 emergency, to:
13 A. Willfully obstruct, hinder, or delay
14 any member of the emergency organization in
15 the enforcement of any lawful rule or
16 regulation issued pursuant to this chapter,
17 or in the performance of any duty imposed
18 upon him by virtue of this chapter;
19 B. Do any act forbidden by any lawful
20 rule or regulation issued pursuant to this
21 chapter;
22 C. Willfully do any act during an
23 emergency which is of such a nature as to
24 give or be likely to give assistance to the
25 enemy or to imperil the lives or property
of inhabitants of this City, or to prevent,
26
hinder, or delay the defense or protection
27
thereof;
28
AB:km[PUNISH2.0RD] —1— March 29. 1993
1 D. Wear, carry or display, without
2 authority, any means of identification
3 specified by the emergency agency of the
4 State. "
5 SECTION 2. Urgency. This ordinance is an urgency ordinance
6 that will take effect immediately upon its adoption. The matters
7 supporting the urgency are that the recent decision by the
8 Appellate Division of the Los Angeles Superior Court in the case
9 of People v. Continola overturned arrests for curfew violations
10 under an ordinance with almost identical language to that of the
11 City of San Bernardino. Those curfew arrests arose out of the
12 riots following the decision of the State prosecution relating to
13 the Rodney King incident. With the federal civil rights
14 Prosecution trial over the same incident now in progress and the
15 Possibility of renewed rioting no matter what the verdict, it is
16 essential and a matter of public peace, health and safety that the
17 City take all reasonable steps to assure that its ordinances to
18 preserve the public order are in keeping with the law should such
19 ordinances need to be used.
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AB:km[PUNISH2.0RD) —2— March 29, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY; AND DECLARING THE URGENCY THEREOF
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
6
day of 1993, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of 1993.
20
W. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By: - �• �
26
27
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AB:km[PUN1SH2.0RD] —3— March 29, 1993
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46. 100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 2.46. 100 of the San Bernardino Municipal
7 Code is hereby amended to read as follows:
8 "It shall be a misdemeanor, punishable by a
9 fine of not to exceed five hundred dollars,
10 or by imprisonment for not to exceed six
11 months, or both, for any person, during an
12 emergency, to:
13 A. Willfully obstruct, hinder, or delay
14 any member of the emergency organization in
15 the enforcement of any lawful rule or
16 regulation issued pursuant to this chapter,
17 or in the performance of any duty imposed
18 upon him by virtue of this chapter;
19 B. Do any act forbidden by any lawful
20 rule or regulation issued pursuant to this
21 chapter;
22 C. Willfully do any act during an
23 emergency which is of such a nature as to
24 give or be likely to give assistance to the
25 enemy or to imperil the lives or property
26 of inhabitants of this City, or to prevent,
27 hinder, or delay the defense or protection
28 thereof;
DAB:km[PUNISHME.ORD] -1-
1 D. Wear, carry or display, without
2 authority, any means of identification
3 specified by the emergency agency of the
4 State. "
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DAB:km[PUNISHME.ORD] -2-
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
5
Bernardino at a meeting thereof, held on the
6
day of 1993, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of 1993.
20 W. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By:
26
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28
AB:km[PUNISHME.ORD] -3-