8.79.510 Minimum requirements
8.79.520 Subdivision requirements
Article 303. Site Improvements, Utilities and
Limitations
8.79.530 Minimum requirements
8.79.540 Sanitary sewer facilities
8.79.550 Water supply facilities
8.79.560 Development in floodways
8.79.570 Limitations on placement of fill
Article 304. Installation of Manufactured Homes
8.79.580 Installation
8.79.590 Foundations
8.79.600 Anchoring
8.79.610 General elevation requirement
8.79.620 Elevation requirement for certain
existing manufactured home
parks and subdivisions
8.79.630 Flood damage-resistant materials
8.79.640 Enclosures
8.79.650 Protection of mechanical
equipment and outside appliances
Article 305. Recreational Vehicles
8.79.660 Temporary placement
8.79.670 Permanent placement
Article 306. Other Development
8.79.680 General requirements for other
development
8.79.690 Tanks
8.79.700 Requirements for temporary
structures and temporary storage
in flood hazard areas
8.79.710 Fences in floodways
8.79.720 Oil derricks
8.79.730 Retaining walls, sidewalks and
driveways in floodways
8.79.740 Roads and watercourse crossings
in floodways
8.79.750 Swimming pools
Article 307. Flood Control Projects
8.79.760 Flood control projects; general
8.79.770 Flood control projects;
applications
PART I. SCOPE AND ADMINISTRATION
ARTICLE 101. GENERAL PROVISIONS
§ 8.79.010 TITLE.
This chapter, in combination with the flood
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provisions of Cal. Code of Regulations Title 24, the
California Building Standards Code (hereinafter
“building codes,” consisting of the Part 2 (building),
Part 2.5 (residential), and Part 10 (existing building) of Cal. Code of Regulations, Title 24, and related
codes, hereinafter “building codes”) and related
codes), shall be known as the “Floodplain
Management Regulations” of the city.
(Ord. MC-1622, passed 1-17-2024)
Cross-reference:
Definition of Building Code, see § 8.79.470
§ 8.79.020 STATUTORY AUTHORITY.
The legislature of the state has, in Cal. Gov’t
Code, §§ 65302, 65560 and 65800, conferred upon
local governments the authority to adopt regulations
designed to promote the public health, safety and
general welfare of its citizenry.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.030 SCOPE.
The provisions of this chapter, in combination
with the flood provisions of the building codes, shall
apply to all proposed development entirely or partially in flood hazard areas established in § 8.79.110.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.040 PURPOSES AND OBJECTIVES.
The purposes and objectives of this chapter and
the flood load and flood resistant construction
requirements of the building codes are to promote the
public health, safety and general welfare and to
minimize public and private losses due to flood
conditions in specific flood hazard areas through the
establishment of comprehensive regulations for
management of flood hazard areas designed to:
(A) Minimize unnecessary disruption of
commerce, access and public service during times of
flooding;
(B) Require the use of appropriate construction
practices in order to prevent or minimize future flood
damage;
(C) Manage the alteration of natural floodplains,
stream channels and shorelines to minimize the impact
of development on the natural and beneficial functions
of the floodplain;
(D) Manage filling, grading, dredging, mining,
paving, excavation, drilling operations, storage of
equipment or materials and other development which
may increase flood damage or erosion potential;
(E) Prevent or regulate the construction of flood
barriers which will divert floodwater or increase flood hazards;
(F) Contribute to improved construction
techniques in the floodplain;
(G) Minimize damage to public and private
facilities and utilities;
(H) Help maintain a stable tax base by providing
for the sound use and development of flood hazard
areas;
(I) Minimize the need for rescue and relief
efforts associated with flooding;
(J) Ensure that property owners, occupants and
potential owners are aware of property located in flood hazard areas;
(K) Minimize the need for future expenditure of
public funds for flood control projects and response to and recovery from flood events; and
(L) Meet the requirements of the national flood
insurance program for community participation as set
forth in 44 C.F.R. § 59.22.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.050 COORDINATION WITH THE
CALIFORNIA BUILDING STANDARDS CODE.
Pursuant to the requirement established in state
statute that the city administer and enforce the
California Building Standards Code, the Mayor and
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San Bernardino - Health and Safety176
City Council acknowledges that the building codes
contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be
administered and enforced in conjunction with the
building codes.
(Ord. MC-1622, passed 1-17-2024)
Cross-reference:
California Building Standards Code, see
§ 8.79.010
§ 8.79.060 WARNING.
The degree of flood protection required by this
chapter and the building codes is considered
reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be
increased by human-made or natural causes.
Enforcement of this chapter and the building codes
does not imply that land outside the special flood
hazard areas, or that uses permitted within such flood
hazard areas, will be free from flooding or flood
damage. The flood hazard areas and base flood
elevations contained in the flood insurance study and
shown on flood insurance rate maps and the
requirements of 44 C.F.R. §§
pts. 59 and 60 may be
revised by the Federal Emergency Management
Agency, requiring this community to revise this
chapter to remain eligible for participation in the
national flood insurance program. No guaranty of
vested use, existing use or future use is implied or
expressed by compliance with this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.070 DISCLAIMER OF LIABILITY.
These regulations shall not create liability on the
part of Mayor and City Council, any officer or
employee thereof, the state or the Federal Emergency
Management Agency, for any flood damage that
results from reliance on this chapter, or any
administrative decision lawfully made hereunder. The
Floodplain Administrator and any employee charged
with the enforcement of this chapter, while acting for
the community in good faith and without malice in the
discharge of the duties required by this chapter or
other pertinent law or ordinance, shall not thereby be
rendered liable personally and is relieved from
personal liability for any damage accruing to persons
or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any
suit instituted against an officer or employee because
of an act performed by that officer or employee in the
lawful discharge of duties and under the provisions of
this chapter shall be defended by a legal representative of the community until the final termination of the
proceedings. The Floodplain Administrator and any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.080 OTHER LAWS.
The provisions of this chapter shall not be deemed
to nullify any provisions of local, state or federal law. (Ord. MC-1622, passed 1-17-2024)
§ 8.79.090 ABROGATION AND GREATER
RESTRICTIONS.
These regulations supersede any ordinance in
effect in flood hazard areas. However, this chapter is
not intended to repeal, abrogate or impair any existing ordinances, including land development regulations,
subdivision regulations, z oning ordinances, storm
water management regulations or building codes, nor
any existing easements, covenants or deed restrictions.
In the event of an overlap or conflict between this
chapter and any other ordinance, code, regulation,
easement, covenant or deed restriction, the more
restrictive shall govern.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 102. APPLICABILITY
§ 8.79.100 GENERAL APPLICABILITY.
These regulations, in conjunction with the
building codes, provide minimum requirements for
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development located in flood hazard areas, including
the subdivision of land; filling, grading and other site improvements; installation of utilities; installation,
placement and replacement of manufactured homes;
placement of recreational vehicles; installation of
tanks; temporary structures and temporary or
permanent storage; utility and miscellaneous Group U
buildings and structures; certain building work exempt
from permit under the building codes; and flood
control projects.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.110 ESTABLISHMENT OF FLOOD
HAZARD AREAS.
The “Flood Insurance Study for the County and
Incorporated Areas,” dated July 16, 1979, and all
subsequent amendments and revisions, and the
accompanying flood insurance rate maps (“FIRM”),
and all subsequent amendments and revisions to such
maps, are adopted by reference as a part of this
chapter and serve as the basis for establishing flood
hazard areas. Where the building code establishes
flood hazard areas, such areas are established by this
section. Additional maps and studies, when
specifically adopted, supplement the FIS and FIRMs
to establish additional flood hazard areas. Maps and
studies that establish flood hazard areas are on file at the following address: 825 E Third St., San
Bernardino, CA 92415, County of San Bernardino,
Department of Public Works.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.120 INTERPRETATION.
In the interpretation and application of this
chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing
body; and
(C) Deemed neither to limit nor repeal any other
powers granted under state statutes.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 103. DUTIES AND POWERS OF THE
FLOODPLAIN ADMINISTRATOR
§ 8.79.130 DESIGNATION.
The City Engineer is designated the Floodplain
Administrator. The Floodplain Administrator shall
have the authority to delegate the performance of
certain duties to other employees.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.140 GENERAL AUTHORITY.
The Floodplain Administrator is authorized and
directed to administer and enforce this chapter. The
Floodplain Administrator shall have the authority to
render interpretations of this chapter and to establish policies and procedures in order to clarify the
application of its provisions. Such interpretations,
policies and procedures shall be consistent with the
intent and purpose of this chapter and the flood
provisions of the building code and shall not have the
effect of waiving specific requirements without the
granting of a variance pursuant to Article 107. The
Floodplain Administrator is authorized to waive the
submission of site plans, construction documents and
other data that are required by this chapter but that are not required to be prepared by a qualified state
licensed land surveyor or civil engineer when it is
found that the nature of the proposed development is
such that the review of such submissions is not
necessary to ascertain compliance with this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.150 COORDINATION.
The Floodplain Administrator shall coordinate
with and provide comments to the Building Official to
administer and enforce the flood provisions of the
building code and to ensure compliance with the
applicable provisions of this chapter. The Floodplain
Administrator and the Building Official have the
authority to establish written procedures for reviewing applications and conducting inspections for buildings
and for administering and documenting determinations
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San Bernardino - Health and Safety178
of substantial improvement and substantial damage
made pursuant to § 8.79.170.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.160 DUTIES.
The Floodplain Administrator, in coordination
with other pertinent offices of the community, shall:
(A) Review all permit applications and plans to
determine whether proposed development is located in
flood hazard areas;
(B) Review all applications and plans for
development in flood hazard areas for compliance with
this chapter;
(C) Review, in coordination with the Building
Official, required design certifications and
documentation of elevations specified by the building
code to determine that such certifications and
documentations are complete;
(D) Review applications and plans for
modification of any existing development in flood
hazard areas for compliance with this chapter;
(E) Require development in flood hazard areas to
be reasonably safe from flooding and to be designed
and constructed with methods, practices and materials
that minimize flood damage;
(F) Interpret flood hazard area boundaries and
provide available flood el evation and flood hazard
information;
(G) Determine whether additional flood hazard
data shall be obtained from other sources or developed
by the applicant;
(H) Complete the appropriate section of the
Department of Housing and Community Development
Floodplain Ordinance Compliance Certification for
Manufactured Home/Mobile Home Installations when
submitted by applicants;
(I) Review requests submitted to the Building
Official seeking approval to modify the strict
application of the flood load and flood resistant
construction requirements of the building code to
determine whether such requests require consideration
as a variance pursuant to Article 107;
(J) Coordinate with the Building Official and
others to identify and investigate damaged buildings
located in flood hazard areas and inform owners of the
requirement to obtain permits for repairs;
(K) Require applicants who submit hydrologic
and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and
information necessary to maintain the flood insurance
rate maps when the analyses indicate changes in base
flood elevations, flood hazard area boundaries or
floodway designations; such submissions shall be made
within six months of such data becoming available;
(L) Require applicants who propose alteration of
a watercourse to notify adjacent communities and the
NFIP State Coordinating Agency, and to submit copies
of such notifications to the Federal Emergency
Management Agency (“FEMA”);
(M) Inspect development in accordance with
Article 106 and inspect flood hazard areas to
determine when development is undertaken without
issuance of permits;
(N) Prepare comments and recommendations for
consideration when applicants seek variances for
development other than buildings in accordance with
Article 107;
(O) Cite violations in accordance with Article
108; and
(P) Notify FEMA when the corporate boundaries
of the city have been modified and provide a map and
legal description of the changes in the corporate
boundaries.
(Ord. MC-1622, passed 1-17-2024)
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§ 8.79.170 SUBSTANTIAL IMPROVEMENT
AND SUBSTANTIAL DAMAGE
DETERMINATIONS.
For applications for building permits to improve
buildings and structures, including alterations,
movement, enlargement, replacement, repair,
additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage and any
other improvement of or work on such buildings and
structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
(A) Estimate the market value or require the
applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market
value before the damage occurred and before any
repairs are made;
(B) Compare the cost to perform the
improvement, the cost to repair the damaged building
to its pre-damaged condition or the combined costs of
improvements and repairs, when applicable, to the
market value of the building or structure;
(C) Determine and document whether the
proposed work constitutes substantial improvement or
repair of substantial damage; and
(D) Notify the applicant when it is determined
that the work constitutes substantial improvement or
repair of substantial damage and that compliance with
the flood resistant construction requirements of the
building code is required and notify the applicant when it is determined that work does not constitute
substantial improvement or repair of substantial
damage.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.180 DEPARTMENT RECORDS.
In addition to the requirements of the building
code and this chapter, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public
inspection all records that are necessary for the
administration of this chapter and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps; documents from
FEMA that amend or revise FIRMs; records of
issuance of permits and denial of permits;
determinations of whether proposed work constitutes
substantial improvement or repair of substantial
damage; required certifications and documentation
specified by the building codes and this chapter;
notifications to adjacent communities, FEMA and the
state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways
will be maintained; documentation related to
variances, including justification for issuance or
denial; and records of enforcement actions taken
pursuant to this chapter and the flood resistant
provisions of the building codes.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 104. PERMITS FOR FLOODPLAIN
DEVELOPMENT
§ 8.79.190 PERMITS REQUIRED.
Any person, owner or authorized agent who
intends to conduct any development in a flood hazard
area shall first make an application to the Floodplain
Administrator and shall obtain the required permit for
floodplain development. No permit shall be issued
until compliance with the requirements of this chapter
and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on
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San Bernardino - Health and Safety180
conditional letters of map revision issued by FEMA.
Depending on the nature and extent of proposed
development that includes a building or structure, the
Floodplain Administrator may determine a permit for
floodplain development is required in addition to a
building permit.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.200 APPLICATION FOR PERMIT.
(A) The applicant shall file an application, in
writing, on a form furnished by the Floodplain
Administrator.
(B) The information provided shall:
(1) Identify and describe the development to
be covered by the permit;
(2) Describe the land on which the proposed
development is to be conducted by legal description,
street address or similar description that will readily identify and definitely locate the site;
(3) Indicate the use and occupancy for
which the proposed development is intended;
(4) Be accompanied by a site plan, and
construction documents, as specified in Article 105,
including grading, excavation and filling plans and
other information deemed appropriate by the
Floodplain Administrator;
(5) State the valuation of the proposed
work;
(6) Be signed by the applicant or the
applicant’s authorized agent; and
(7) Include such other data and information
required by the Floodplain Administrator to
demonstrate compliance with this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.210 VALIDITY OF PERMIT.
The issuance of a permit for floodplain
development under this chapter or the building codes
shall not be construed to be a permit for, or approval
of, any violation of this chapter, the building code or any other ordinance of the community. The issuance
of a permit for floodplain development based on
submitted documents and information shall not prevent
the Floodplain Administrator from requiring the
correction of errors and omissions. The Floodplain
Administrator is authorized to prevent occupancy or
use of a structure or site which is in violation of this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.220 OTHER PERMITS REQUIRED.
The applicant shall obtain all other required state
and federal permits prior to initiating work authorized by this chapter and shall provide documentation of
such permits to the Floodplain Administrator. Such
permits include, but are not limited to, the State Water Resources Control Board for activities that affect
wetlands and alter surface water flows, in conjunction
with the U.S. Army Corps of Engineers; § 404 of the
Clean Water Act, being 33 U.S.C. § 1344.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.230 EXPIRATION.
A permit for floodplain development shall become
invalid when the proposed development is not
commenced within 180 days after its issuance, or
when the work authorized is suspended or abandoned
for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is
authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each,
unless FEMA has issued notification of revision to the
flood insurance rate study and flood insurance rate
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maps that alter the flood hazard area or floodway
boundaries, flood zones or base flood elevations, in
which case the permit is invalid.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.240 SUSPENSION OR REVOCATION.
The Floodplain Administrator is authorized to
suspend or revoke a permit for floodplain development
issued under this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or
incomplete information, or in violation of this chapter or any ordinance or code of this community.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.250 APPEALS OF DECISIONS.
When it is alleged, there is an error in any
decision or determination made by the Floodplain
Administrator in the interpretation or enforcement of
this chapter, such decision or determination may be
appealed to the Council, Commission and
Development Review Committee (“DRC”) by filing a
written appeal setting forth the reasons of the appeal. (Ord. MC-1622, passed 1-17-2024)
ARTICLE 105. SITE PLANS AND
CONSTRUCTION DOCUMENTS
§ 8.79.260 INFORMATION FOR
DEVELOPMENT IN FLOOD HAZARD AREAS.
The site plan or construction documents for any
development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development:
(A) Delineation of flood hazard areas; floodway
boundaries and flood zone(s); base flood elevation(s);
ground elevations; proposed filling, grading and
excavation; and drainage patterns and facilities when
necessary for review of the proposed development;
(B) Where base flood elevations or floodway
data are not included on the FIRM or in the flood
insurance study, they shall be established in
accordance with §§ 8.79.270 or 8.79.280;
(C) Where the parcel on which the proposed
development will take place will have more than 50
lots or is larger than five acres and base flood
elevations are not included on the FIRM or in the
flood insurance study, such elevations shall be
established in accordance with § 8.79.270(B);
(D) Location of the proposed activity and
proposed structures; locations of water supply,
sanitary sewer and other utilities; and locations of
existing buildings and structures;
(E) Location, extent, amount and proposed final
grades of any filling, grading or excavation;
(F) Where the placement of fill is proposed, the
amount, type and source of fill material; compaction
specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose; and
(G) Existing and proposed alignment of any
proposed alteration of a watercourse.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.270 INFORMATION IN FLOOD
HAZARD AREAS WITHOUT BASE FLOOD
ELEVATIONS (APPROXIMATE ZONE A).
Where flood hazard areas are delineated on the
FIRM and base flood elevation data have not been
provided, the Floodplain Administrator is authorized
to:
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(A) Require the applicant to include base flood
elevation data prepared by a qualified state licensed
civil engineer in accordance with currently accepted
engineering practices. Such analyses shall be
performed and sealed by a qualified state licensed civil engineer. Studies, analyses and computations shall be
submitted in sufficient detail to allow review and
approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility of the applicant;
(B) Obtain, review and provide to applicants
base flood elevation and floodway data available from
a federal or state agency or other source or require the applicant to obtain and use base flood elevation and
floodway data available from a federal or state agency
or other source;
(C) Where base flood elevation and floodway
data are not available from another source, where the
available data are deemed by the Floodplain
Administrator to not reasonably reflect flooding
conditions or where the available data are known to be
scientifically or technically incorrect or otherwise
inadequate:
(1) Require the applicant to include base
flood elevation data in accordance with § 8.79.270(A);
or
(2) Specify that the base flood elevation is
two feet above the highest adjacent grade at the
location of the development; provided there is no
evidence indicating flood depths have been or may be
greater than two feet.
(D) Where the base flood elevation data are to be
used to support a request for a letter of map change
from FEMA, advise the applicant that the analyses
shall be prepared by a qualified state licensed civil
engineer in a format required by FEMA, and that it
shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.280 ADDITIONAL ANALYSES AND
CERTIFICATIONS.
As applicable to the location and nature of the
proposed development activity, and in addition to the
requirements of this chapter, the applicant shall have
the following analyses signed and sealed by a qualified state licensed civil engineer for submission with the
site plan and construction documents.
(A) For development activities proposed to be
located in a floodway, a floodway encroachment
analysis that demonstrates that the encroachment of the proposed development will not cause any increase in
base flood elevations; where the applicant proposes to
undertake development activities that do increase base
flood elevations, the applicant shall submit such
analysis to FEMA, as specified in § 8.79.290, and
shall submit the conditional letter of map revision,
when issued by FEMA, with the site plan and
construction documents.
(B) For development activities proposed to be
located in a riverine flood hazard area where base
flood elevations are included in the flood insurance
study or on the FIRM but floodways have not been
designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed
development, when combined with all other existing
and anticipated flood hazard area encroachments, will
not increase the base flood elevation more than one
foot at any point within the community. This
requirement does not apply in isolated flood hazard
areas not connected to a riverine flood hazard area or
in flood hazard areas identified as Zone AO or Zone
AH.
(C) For alteration of a watercourse, an
engineering analysis prepared in accordance with
standard engineering practices that demonstrates the
flood-carrying capacity of the altered or relocated
portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be
maintained in a manner which preserves the channel’s
flood-carrying capacity. The applicant shall submit the
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analysis to FEMA as specified in § 8.79.290. The
applicant shall notify the chief executive officer of
adjacent communities and the State Department of
Water Resources. The Floodplain Administrator shall
maintain a copy of the notification in the permit
records and shall submit a copy to FEMA.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.290 SUBMISSION OF ADDITIONAL
DATA.
When additional hydrologic, hydraulic or other
engineering data, studies and additional analyses are
submitted to support an application, the applicant has
the right to seek a letter of map change from FEMA to
change the base flood elevations, change floodway
boundaries or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA
for such purposes. The analyses shall be prepared by
a qualified state licensed civil engineer in a format
required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the
applicant. Provided FEMA issues a conditional letter
of map revision, construction of proposed flood
control projects and land preparation for development
are permitted, including clearing, excavation, grading
and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA
requirements for issuance of a letter of map revision.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 106. INSPECTIONS
§ 8.79.300 INSPECTIONS, IN GENERAL.
Development for which a permit for floodplain
development is required shall be subject to inspection.
Approval as a result of an inspection shall not be
construed to be an approval of a violation of the
provisions of this chapter or the Building Code.
Inspections presuming to give authority to violate or
cancel the provisions of this chapter or the building
code or other ordinances shall not be valid.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.310 INSPECTIONS OF DEVELOPMENT
OTHER THAN BUILDINGS AND
STRUCTURES.
The Floodplain Administrator shall make, or
cause to be made, inspections of all development other
than buildings and structures that is authorized by
issuance of a permit for floodplain development under
this chapter. The Floodplain Administrator shall
inspect flood hazard areas, from time to time, to
determine when development is undertaken without
issuance of a permit.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.320 INSPECTIONS OF
MANUFACTURED HOMES INSTALLATIONS.
The Floodplain Administrator shall make, or
cause to be made, inspections of installation and
replacement of manufactured homes in flood hazard
areas authorized by issuance of a permit for floodplain development under this chapter. Upon installation of
a manufactured home and receipt of the elevation
certification required in § 8.79.580, the Floodplain
Administrator shall inspect the installation or have the installation inspected.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.330 BUILDINGS AND STRUCTURES.
The Building Official shall make, or cause to be
made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with
the Building Code.
(A) Lowest floor elevation. Upon placement of
the lowest floor, including the basement, and prior to
further vertical construction, certification of the
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elevation required in the Building Code shall be
prepared by a state licensed land surveyor or civil
engineer and submitted to the Building Official.
(B) Final inspection. Prior to the final
inspection, certification of the elevation required in the Building Code shall be prepared by a state licensed
land surveyor or civil engineer and submitted to the
Building Official.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 107. VARIANCES
§ 8.79.340 NATURE OF VARIANCES.
(A) The considerations and conditions for
variances set forth in this article are based on the
general principle of zoning law that variances pertain
to a piece of property and are not personal in nature.
A variance may be issued for a parcel of property with
physical characteristics so unusual that complying with the requirements of this chapter would create an
exceptional hardship to the applicant or the
surrounding property owners. The characteristics must
be unique to the property and not be shared by
adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its
inhabitants or the property owners. The issuance of a
variance is for floodplain management purposes only.
Federal flood insurance premium rates are determined
by the national flood insurance program according to
actuarial risk and will not be modified by the granting of a variance.
(B) It is the duty of the Mayor and City Council
of the city to promote public health, safety and welfare and minimize losses from flooding. This duty is so
compelling and the implications of property damage
and the cost of insuring a structure built below flood
level are so serious that variances from the elevation
or other requirements in the building codes should be
quite rare. The long-term goal of preventing and
reducing flood loss and damage, and minimizing
recovery costs, inconvenience, danger and suffering,
can only be met when variances are strictly limited.
Therefore, the variance requirements in this chapter
are detailed and contain multiple provisions that must
be met before a variance can be properly issued. The
criteria are designed to screen out those situations in which alternatives other than a variance are more
appropriate.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.350 VARIANCES; GENERAL.
The Development Review Committee (“DRC”)
shall hear and decide requests for variances from the
strict application of this chapter.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.360 LIMITATIONS ON AUTHORITY.
The Development Review Committee (“DRC”)
shall base its determination on technical justifications submitted by applicants; the considerations and
conditions set forth in this article; the comments and
recommendations of the Floodplain Administrator and
Building Official, as applicable; and has the right to
attach such conditions to variances as it deems
necessary to further the purposes and objectives of this chapter and the Building Code.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.370 RECORDS.
The Floodplain Administrator shall maintain a
permanent record of all variance actions, including
justification for issuance.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.380 HISTORIC STRUCTURES.
A variance is authorized to be issued for the
repair, improvement or rehabilitation of a historic
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structure upon a determination that the proposed
repair, improvement or rehabilitation will not preclude the structure’s continued designation as a historic
structure, and the variance is the minimum necessary
to preserve the historic character and design of the
structure. When the proposed work precludes the
structure’s continued designation as a historic building, a variance shall not be granted and the structure and
any repair, improvement and rehabilitation shall be
subject to the requirements of the Building Code.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.390 RESTRICTIONS IN FLOODWAYS.
A variance shall not be issued for any proposed
development in a floodway when any increase in flood
levels would result during the base flood discharge, as evidenced by the applicable analyses required in
§ 8.79.280(A).
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.400 FUNCTIONALLY DEPENDENT
USES.
A variance is authorized to be issued for the
construction or substantial improvement necessary for
the conduct of a functionally dependent use provided
the criteria in § 1612 of the Building Code (CCR Title
24 Part 2) or § R322 of the Residential Code (CCR
Title 24 Part 2.5) are met, as applicable, and the
variance is the minimum necessary to allow the
construction or substantial improvement, and that all
due consideration has been given to use of methods
and materials that minimize flood damages during the
base flood and create no additional threats to public
safety.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.410 CONSIDERATIONS FOR
ISSUANCE OF VARIANCES.
In reviewing applications for variances; all
technical evaluations, all relevant factors; all other
requirements of this chapter and the Building Code, as
applicable; and the following shall be considered:
(A) The danger that materials and debris may be
swept onto other lands resulting in further injury or
damage;
(B) The danger to life and property due to
flooding or erosion damage;
(C) The susceptibility of the proposed
development, including contents, to flood damage and
the effect of such damage on current and future
owners;
(D) The importance of the services provided by
the proposed development to the community;
(E) The availability of alternate locations for the
proposed development that are not subject to flooding
or erosion and the necessity of a waterfront location,
where applicable;
(F) The compatibility of the proposed
development with existing and anticipated
development;
(G) The relationship of the proposed
development to the comprehensive plan and floodplain
management program for that area;
(H) The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(I) The expected heights, velocity, duration, rate
of rise and debris and sediment transport of the
floodwater and the effects of wave action, if
applicable, expected at the site; and
(J) The costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems,
streets and bridges.
(Ord. MC-1622, passed 1-17-2024)
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§ 8.79.420 CONDITIONS FOR ISSUANCE OF
VARIANCES.
Variances shall only be issued upon:
(A) Submission by the applicant of a showing of
good and sufficient cause that the unique
characteristics of the size, configuration or topography of the site limit compliance with any provision of this chapter or renders the elevation standards of the
Building Code inappropriate;
(B) A determination that failure to grant the
variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
(C) A determination that the granting of a
variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or
victimization of the public or future property owners,
or conflict with existing local laws or ordinances;
(D) A determination that the variance is the
minimum necessary, considering the flood hazard, to
afford relief; and
(E) When the request is to allow construction of
the lowest floor of a new building or substantial
improvement of a building below the base flood
elevation, notification to the applicant in writing over the signature of the Floodplain Administrator
specifying the difference between the base flood
elevation and the proposed elevation of the lowest
floor, stating that issuance of a variance to construct below the elevation required in the Building Code will
result in increased premium rates for federal flood
insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below
the required elevation increases risks to life and
property.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 108. VIOLATIONS
§ 8.79.430 VIOLATIONS.
Any development in any flood hazard area that is
being performed without an issued permit or that is in
conflict with an issued permit shall be deemed a
violation. A building or structure without the
documentation of the elevation of the lowest floor,
other required design certifications or other evidence
of compliance required by this chapter or the Building
Code is presumed to be a violation until such time as
required documentation is submitted. Violation of the
requirements shall constitute a misdemeanor.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.440 AUTHORITY.
The Floodplain Administrator is authorized to
serve notices of violation or stop work orders to
owners of property involved, to the owner’s agent or
to the person or persons doing the work for
development that is not within the scope of the
Building Codes, but is regulated by this chapter and
that is determined to be a violation.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.450 UNLAWFUL CONTINUANCE.
Any person who shall continue any work after
having been served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or
unsafe condition, shall be subject to penalties as
prescribed by law. Penalties, fines and remediation
fees will be determined by Public Works Department
on a case-by-case basis.
(Ord. MC-1622, passed 1-17-2024)
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PART II. DEFINITIONS
ARTICLE 201. DEFINITIONS
§ 8.79.460 GENERAL.
The following words and terms shall, for the
purposes of this chapter, have the meanings shown
herein. Where terms are not defined in this chapter
and are defined in the Building Code (CCR Title 24,
Part 2) and used in the Residential Code (CCR Title
24, Part 2.5), such terms shall have the meanings
ascribed to them in those codes. Where terms are not
defined in this chapter or the Building Code, such
terms shall have ordinarily accepted meanings such as
the context implies.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.470 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure on the
same parcel of property as a principal structure and the use of which is incidental to the use of the principal
structure. For floodplain management purposes, the
term includes only ACCESSORY STRUCTURES used
for parking and storage.
ALTERATION OF A WATERCOURSE. A dam,
impoundment, channel relocation, change in channel
alignment, channelization or change in cross-sectional
area of the channel or the channel capacity, or any
other form of modification which may alter, impede,
retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base
flood.
ASCE 24. The standard Flood Resistant Design
and Construction, referenced by the Building Code,
developed and published by the American Society of
Civil Engineers, Reston, VA. Where cited, ASCE 24
refers to the edition of the standard that is referenced by the Building Code.
BASE FLOOD. The flood having a 1% chance of
being equaled or exceeded in any given year. (Also
defined in CCR Title 24, Part 2.)
BASE FLOOD ELEVATION. The elevation of
the base flood, including wave height, relative to the
National Geodetic Vertical Datum (“NGVD”), North
American Vertical Datum (“NAVD”) or other datum
specified on the flood insurance rate map (“FIRM”).
(Also defined in CCR Title 24, Part 2.)
BASEMENT. For the purpose of floodplain
management, the portion of a building having its floor
subgrade (below ground level) on all sides. (Also
defined in CCR Title 24 Part 2.)
BUILDING CODE. California Code of
Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and
structures other than dwellings within the scope of this part;
(2) Part 2.5, applicable to one- and
two-family dwellings and townhouses not more than
three stories, and accessory structures;
(3) Part 10, applicable to existing buildings
(as defined in that code); and
(4) Other specified codes.
DESIGN FLOOD. The flood associated with the
greater of the following two areas: (Also defined in
CCR Title 24, Part 2.)
(1) Area with a floodplain subject to a 1%
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or greater chance of flooding in any year; and
(2) Area designated as a flood hazard area
on a community’s flood hazard map, or otherwise
legally designated.
DESIGN FLOOD ELEVATION. The elevation
of the “design flood,” including wave height, relative
to the datum specified on the community’s legally
designated flood hazard map. In areas designated as
Zone AO, the DESIGN FLOOD ELEVATION shall
be the elevation of the highest existing grade of the
building’s perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated
as Zone AO where a depth number is not specified on
the map, the depth number shall be taken as being
equal to two feet (610 mm). (Also defined in CCR
Title 24, Part 2.)
DEVELOPMENT. Any human-made change to
improved or unimproved real estate, including, but not
limited to, buildings or other structures, temporary
structures, temporary or permanent storage of
materials, mining, dredging, filling, grading, paving,
excavations, drilling operations, flood control projects and other land-disturbing activities.
ENCROACHMENT. The placement of fill,
excavation, buildings, permanent structures or other
development into a flood hazard area which may
impede or alter the flow capacity of riverine flood
hazard areas.
EXCEPTIONAL HARDSHIP. For the purpose
of variances from this chapter or the Building Code,
the exceptional difficulty that would result from a
failure to grant a requested variance. Mere economic
or financial hardship is not EXCEPTIONAL.
Inconvenience, aesthetic considerations, physical
handicaps, personal preferences or the disapproval of
one’s neighbors do not, as a rule, qualify as
EXCEPTIONAL HARDSHIPS . All of these
circumstances can be resolved through other means
without granting variances, even when the alternatives
are more expensive or require the property owner to
build elsewhere or put the parcel to a different use
than originally intended.
EXISTING MANUFACTURED HOME PARK
OR SUBDIVISION. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets and either final site grading or the pouring of concrete
pads) was completed before July 16, 1979.
EXPANSION TO AN EXISTING
MANUFACTURED HOME PARK OR
SUBDIVISION. The preparation of additional sites by
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
FLOOD or FLOODING. A general and
temporary condition of partial or complete inundation
of normally dry land from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or
runoff of surface waters from any source; and
(3) Mudslides (i.e., mudflows) which are
proximately caused by flooding.
FLOOD CONTROL PROJECT. A dam or
barrier design and constructed to keep water away
from or out of a specified area, including, but not
limited to, levees, floodwalls and channelization.
FLOOD DAMAGE-RESISTANT MATERIALS.
Any construction material capable of withstanding
direct and prolonged contact with floodwaters without
sustaining any damage that requires more than
cosmetic repair. (Also defined in CCR Title 24, Part
2.)
FLOOD HAZARD AREA. The greater of the
following two areas: (Also defined in CCR Title 24,
Part 2.)
(1) The area within a floodplain subject to
a 1% or greater chance of flooding in any year; and
(2) The area designated as a FLOOD
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HAZARD AREA on the community’s flood hazard
map, or otherwise legally designated.
FLOOD INSURANCE RATE MAP (“FIRM”).
An official map of a community on which the Federal
Emergency Management Agency (“FEMA”) has
delineated both the special flood hazard areas and the
risk premium zones applicable to the community.
(Also defined in CCR Title 24, Part 2.)
FLOOD INSURANCE STUDY. The official
report provided by the Federal Emergency
Management Agency containing the flood insurance
rate map (“FIRM”), the flood boundary and floodway
map (“FBFM”), the water surface elevation of the
base flood and supporting technical data. (Also defined in CCR Title 24, Part 2.)
FLOODPLAIN ADMINISTRATOR. T h e
community official designated by title to administer
and enforce the floodplain management regulations.
FLOODWAY. The channel of the river, creek or
other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface
elevation more than a designated height. (Also defined
in CCR Title 24, Part 2.)
FRAUD or VICTIMIZATION. For the purpose
of variances from this chapter or the Building Code,
the intentional use of deceit to deprive another of
rights or property, making a victim of the deprived
person or the public. As it pertains to buildings
granted variances to be constructed below the elevation required by the Building Code, future owners or
tenants of such buildings and the community as a
whole may bear the burden of increased risk of
damage from floods, increased cost of flood insurance
and increased recovery costs, inconvenience, danger
and suffering.
FUNCTIONALLY DEPENDENT USE. A use
that cannot perform its intended purpose, unless it is
located or carried out in close proximity to water,
including only docking facilities, port facilities
necessary for the loading or unloading of cargo or
passengers and shipbuilding or ship repair facilities.
The term does not include long-term storage,
manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE. The highest
natural elevation of the ground surface prior to
construction next to the proposed walls or foundation
of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the
requirements for individual listing on the National
Register;
(2) Certified or prelim inarily determined by
the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on the inventory of
historic places maintained by the State Office of
Historic Preservation; or
(4) Individually listed on a local inventory
of historic places in communities with historic
preservation programs that have been certified by the
State Office of Historic Preservation.
LETTER OF MAP CHANGE (“LOMC”). An
official determination issued by FEMA that amends or
revises an effective flood insurance rate map or flood
insurance study. LETTERS OF MAP CHANGE
include:
(1) LETTER OF MAP AMENDMENT
(“LOMA”). An amendment based on technical data
showing that a property was incorrectly included in a
designated special flood hazard area. A LOMA
amends the current effective flood insurance rate map
and establishes that a specific property, portion of a
property or structure is not located in a special flood hazard area;
(2) LETTER OF MAP REVISION
(“LOMR”). A revision based on technical data that
may show changes to flood zones, flood elevations,
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special flood hazard area boundaries and floodway
delineations and other planimetric features;
(3) LETTER OF MAP REVISION BASED
ON FILL (“LOMR-F”). A determination that a
structure or parcel of land has been elevated by fill
above the base flood elevation and is, therefore, no
longer located within the special flood hazard area. In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the
community’s floodplain management regulations; and
(4) CONDITIONAL LETTER OF MAP
REVISION (“CLOMR”). A formal review and
comment as to whether a proposed flood protection
project or other project complies with the minimum
NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR
does not revise the effective flood insurance rate map
or flood insurance study; upon submission and
approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the
effective FIRM.
LIGHT-DUTY TRUCK. As defined in 40 C.F.R.
§ 86.082-2, any motor vehicle rated at 8,500 pounds
gross vehicular weight rating or less which has a
vehicular curb weight of 6,000 pounds or less and
which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of
transportation of property or is a derivation of such a vehicle;
(2) Designed primarily for transportation of
persons and has a capacity of more than 12 persons; or
(3) Available with special features enabling
off-street or off-highway operation and use.
LOWEST FLOOR. The lowest floor of the lowest
enclosed area, including basement, but excluding any
unfinished or flood-resistant enclosure, usable solely
for vehicle parking, building access or limited storage provided that such enclosure is not built so as to
render the structure in violation of the non-elevation
requirements of the Building Codes. (Also defined in
CCR Title 24, Part 2.)
MANUFACTURED HOME. A structure that is
transportable in one or more sections, built on a
permanent chassis, designed for use as a single-family
dwelling with or without a permanent foundation when
connected to the required utilities, and constructed to the “Manufactured Home Construction and Safety
Standards,” promulgated by the U.S. Department of
Housing and Urban Development. Also see definitions
in Cal. Civil Code, § 798.3 and Cal. Health and
Safety Code, §§ 18000(a)(2) and 18001(a)
18007. For
the purposes of floodplain management, the term also
includes mobile homes and recreational vehicles, park
trailers, travel trailers and similar transportable
structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR
SUBDIVISION. A parcel (or contiguous parcels) of
land divided into two or more manufactured home lots
for rent or sale.
MARKET VALUE. The price at which a property
will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of
relevant facts. As used in this chapter, the term refers to the MARKET VALUE of buildings and structures,
excluding the land and other improvements on the
parcel. MARKET VALUE may be established by one
of the following methods:
(1) Actual cash value (replacement cost
depreciated for age and quality of construction);
(2) Tax assessment value adjusted to
approximate market value by a factor provided by the
property appraiser; or
(3) A qualified independent appraiser.
NEW MANUFACTURED HOME PARK OR
SUBDIVISION. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets and either final site grading or the pouring of concrete
pads) was completed on or after July 16, 1979.
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NUISANCE. That which is injurious to safety or
health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream,
canal or basin.
PERMIT FOR FLOODPLAIN
DEVELOPMENT. An official document or certificate
issued by the community, or other evidence of
approval or concurrence, which authorizes
performance of specified development activities that
are located in flood hazard areas and that are
determined to be compliant with this chapter.
RECREATIONAL VEHICLE. A vehicle that is
built on a single chassis, 400 square feet (37.16 m
2) or
less when measured at the largest horizontal
projection, designed to be self-propelled or
permanently towable by a light-duty truck and
designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,
camping, travel or seasonal use. A RECREATIONAL
VEHICLE is ready for highway use when it is on its
wheels or jacking system, is attached to the site only
by quick disconnect type utilities and security devices and has no permanently attached additions. Also see
definitions in Cal. Health and Safety Code, § 18010.
RIVERINE. Relating to, formed by or
resembling a river (including tributaries), stream,
brook and the like.
SPECIAL FLOOD HAZARD AREA (“SFHA”).
The land area subject to flood hazards and shown on
a flood insurance rate map or other flood hazard map
as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO,
VE or V1-30. (Also defined in CCR Title 24, Part 2.)
SUBSTANTIAL DAMAGE. D a m a g e o f a n y
origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. (Also defined in
CCR Title 24, Part 2.)
SUBSTANTIAL IMPROVEMENT. Any repair,
reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost
of which equals or exceeds 50% of the market value of
the structure before the improvement or repair is
started. When the structure has sustained substantial
damage, any repairs are considered SUBSTANTIAL
IMPROVEMENT, regardless of the actual repair
work performed. The term does not, however, include
either: (Also defined in CCR Title 24, Part 2.)
(1) Any project for improvement of a
building required to correct existing Health, Sanitary
or Safety Code violations identified by the building
official and that are the minimum necessary to assure
safe living conditions; or
(2) Any alteration of a historic structure
provided that the alteration will not preclude the
structure’s continued designation as a historic
structure.
UTILITY AND MISCELLANEOUS GROUP U.
Buildings and structures of an accessory character and
miscellaneous structure not classified in any special
occupancy, as described in the Building Code.
VARIANCE. A grant of relief from the
requirements of this chapter which permits
construction in a manner otherwise prohibited and
where specific enforcement would result in exceptional
hardship.
VIOLATION. A development that is not fully
compliant with this chapter or the flood provisions of
the Building Code, as applicable.
WATERCOURSE. A river, creek, stream,
channel or other topographic feature in, on, through or over which water flows at least periodically.
(Ord. MC-1622, passed 1-17-2024)
PART III. FLOOD RESISTANT DEVELOPMENT
ARTICLE 301. BUILDINGS AND STRUCTURES
§ 8.79.480 REQUIREMENTS FOR BUILDINGS
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AND STRUCTURES IN FLOOD HAZARD
AREAS.
Applications for building and structures within the
scope of the Building Code that are proposed in flood
hazard areas shall comply with the applicable
requirements of the Building Code.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.490 DETACHED GARAGES AND
ACCESSORY STORAGE STRUCTURES.
Detached garages and accessory storage structures
used only for parking or storage are permitted below
the base flood elevation; provided the garages and
accessory storage structures:
(A) Are one story and not larger than 600 square
feet in area when located in special flood hazard areas; (B) Are anchored to resist flotation, collapse or
lateral movement resulting from flood loads;
(C) Have flood openings in accordance with the
Building Code;
(D) Have flood damage-resistant materials used
below the base flood elevation; and
(E) Have mechanical, plumbing and electrical
systems, including plumbing fixtures, elevated to or
above the base flood elevation.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.500 UTILITY AND MISCELLANEOUS
GROUP U.
(A) Utility and miscellaneous Group U includes
buildings that are accessory in character and
miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not
limited to, agricultural buildings, aircraft hangars
(accessory to a one- or two-family residence), barns,
carports, fences more than six feet (1,829 mm) high,
grain silos (accessory to a residential occupancy),
greenhouses, livestock shelters, private garages,
retaining walls, sheds, stables and towers.
(B) In addition to the Building Code
requirements for fire and life safety, the following
shall apply to utility and miscellaneous Group U
buildings and structures in flood hazard areas.
(1) New construction and substantial
improvement of such buildings and structures shall be
anchored to prevent flotation, collapse or lateral
movement resulting from flood loads, including the
effects of buoyancy, during conditions of the design
flood.
(2) New construction and substantial
improvement of such buildings and structures, when
fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or
above the design flood elevation in accordance with
ASCE 24 or shall be dry floodproofed in accordance
with ASCE 24.
(3) Unless dry floodproofed, fully enclosed
areas below the design flood elevation shall be
constructed in accordance with ASCE 24 and limited
to parking, storage and building access.
(4) When fully enclosed by walls, flood
openings shall be installed in accordance with ASCE
24. (5) Flood damage-resistant materials shall
be used below the design flood elevation.
(6) Mechanical, plumbing and electrical
systems, including plumbing fixtures, shall be located
or installed in accordance with ASCE 24.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 302. SUBDIVISIONS
§ 8.79.510 MINIMUM REQUIREMENTS.
Subdivision proposals in flood hazard areas,
including proposals for manufactured home parks and
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subdivisions, shall be reviewed to determine that the
following apply.
(A) Such proposals are consistent with the need
to minimize flood damage and will be reasonably safe
from flooding.
(B) All public utilities and facilities, such as
sewer, gas, electric, communications and water
systems, are located and constructed to minimize or
eliminate flood damage in accordance with
§§ 8.79.520 and 8.79.530, as applicable, and
appropriate codes.
(C) Adequate drainage is provided to reduce
exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide
floodwater around and away from proposed structures.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.520 SUBDIVISION REQUIREMENTS.
In addition to the requirements of § 8.79.510,
where any portion of proposed subdivisions, including
proposals for manufactured home parks and
subdivisions, lies within a flood hazard area, the
following shall be required.
(A) The flood hazard area, including floodways,
as appropriate, shall be delineated on preliminary
subdivision plats.
(B) Where the subdivision has more than 50 lots
or is larger than five acres and base flood elevations
are not included on the FIRM, the base flood
elevations determined in accordance with
§ 8.79.270(A).
(C) When, as part of a proposed subdivision, fill
will be placed to support buildings, the fill shall be
placed in accordance with the Building Code and
approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 303. SITE IMPROVEMENTS,
UTILITIES AND LIMITATIONS
§ 8.79.530 MINIMUM REQUIREMENTS.
All proposed development in flood hazard areas
shall be reviewed to determine that the following
apply.
(A) Such proposals are consistent with the need
to minimize flood damage and will be reasonably safe
from flooding.
(B) Where the proposed development has more
than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base
flood elevations determined in accordance with
§ 8.79.270(A).
(C) All public utilities and facilities, such as
sewer, gas, electric, communications and water
systems, are located and constructed to minimize or
eliminate flood damage.
(D) Adequate drainage is provided to reduce
exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide
floodwater around and away from proposed structures.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.540 SANITARY SEWER FACILITIES.
All new and replaced sanitary sewer facilities,
private sewage treatment plants (including all pumping
stations and collector systems) and on-site waste
disposal systems shall be designed, in accordance with
Chapter 7, ASCE 24, to minimize or eliminate
infiltration of floodwaters into the facilities and
discharge from the facilities into floodwaters, and
impairment of the facilities and systems.
(Ord. MC-1622, passed 1-17-2024)
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§ 8.79.550 WATER SUPPLY FACILITIES.
All new and replaced water supply facilities shall
be designed, in accordance with the provisions of
Chapter 7, ASCE 24, to minimize or eliminate
infiltration of floodwaters into the systems.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.560 DEVELOPMENT IN FLOODWAYS.
Development, site improvements and land
disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway
encroachment analysis required in § 8.79.280(A)
demonstrates the proposed work will not result in any
increase in the base flood level during occurrence of
the base flood discharge.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.570 LIMITATIONS ON PLACEMENT
OF FILL.
Subject to the limitations of this chapter, fill shall
be designed to be stable under conditions of flooding
including rapid rise and rapid drawdown of
floodwaters, prolonged inundation and protection
against flood-related erosion and scour. In addition to these requirements, when intended to support buildings
and structures, fill shall comply with the requirements of the Building Code. The placement of fill intended
to change base flood elevations, change floodway
boundaries or change boundaries of flood hazard areas
shown on FIRMs shall be subject to the requirements
of § 8.79.290.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 304. INSTALLATION OF
MANUFACTURED HOMES
§ 8.79.580 INSTALLATION.
All manufactured homes installed in flood hazard
areas shall be installed by an installer that is licensed pursuant to the California Business and Professions
Code and shall comply with the requirements of the
Department of Housing and Community Development
(“HCD”) and the requirements of this chapter. In
addition to permits pursuant to this chapter, permits
from the HCD are required where the HCD is the
enforcement agency for installation of manufactured
homes. Upon completion of installation and prior to
the final inspection by the Floodplain Administrator,
the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land
surveyor or registered civil engineer, to the Floodplain Administrator.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.590 FOUNDATIONS.
All new and replacement manufactured homes,
including substantial improvement of manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed
in accordance with the foundation requirements of §
R322.2 of the Residential Code (CCR Title 24, Part
2.5) and this chapter. Foundations for manufactured
homes subject to § 8.79.620 are permitted to be
reinforced piers or other foundation elements of at
least equivalent strength.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.600 ANCHORING.
All new and replacement manufactured homes to
be placed or substantially improved in a flood hazard
area shall be installed using methods and practices
which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement.
Methods of anchoring are authorized to include, but
are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for
resisting wind loads and seismic loads.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.610 GENERAL ELEVATION
REQUIREMENT.
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Unless subject to the requirements of § 8.79.620,
all manufactured homes that are placed, replaced or
substantially improved on sites located:
(A) Outside of a manufactured home park or
subdivision;
(B) In a new manufactured home park or
subdivision;
(C) In an expansion to an existing manufactured
home park or subdivision; or
(D) In an existing manufactured home park or
subdivision upon which a manufactured home has
incurred “substantial damage” as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.620 ELEVATION REQUIREMENT FOR
CERTAIN EXISTING MANUFACTURED
HOME PARKS AND SUBDIVISIONS.
Manufactured homes that are not subject to
§ 8.79.610, including manufactured homes that are
placed, replaced or substantially improved on sites
located in an existing manufactured home park or
subdivision, unless on a site where substantial damage
as a result of flooding has occurred, shall be elevated such that either the:
(A) Lowest floor, or bottom of the lowest
horizontal structural member , as applicable to the
flood hazard area, is at or above the base flood
elevation; or
(B) Bottom of the frame is supported by
reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36
inches in height above grade.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.630 FLOOD DAMAGE-RESISTANT
MATERIALS.
Materials below elevated manufactured homes
shall comply with the flood damage-resistant materials
requirements of § R322 of the Residential Code (CCR
Title 24, Part 2.5).
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.640 ENCLOSURES.
Fully enclosed areas below elevated manufactured
homes shall comply with the enclosed area
requirements of § R322 of the Residential Code (CCR
Title 24, Part 2.5).
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.650 PROTECTION OF MECHANICAL
EQUIPMENT AND OUTSIDE APPLIANCES.
(A) Requirement. Mechanical equipment and
outside appliances shall be elevated to or above the
lowest floor or bottom of the lowest horizontal
structural member of the manufactured home, as
applicable to the flood hazard area.
(B) Exception. Where such equipment and
appliances are designed and installed to prevent water
from entering or accumulating within their components
and the systems are constructed to resist hydrostatic
and hydrodynamic loads and stresses, including the
effects of buoyancy, during the occurrence of flooding
up to the elevation required by §§ 8.79.610 or
8.79.620, as applicable, the systems and equipment
shall be permitted to be located below that elevation.
Electrical wiring systems shall be permitted below the
design flood elevation provided they conform to the
provisions of NFPA 70 (National Electric Code).
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 305. RECREATIONAL VEHICLES
§ 8.79.660 TEMPORARY PLACEMENT.
Recreational vehicles in flood hazard areas shall
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be placed on a site for less than 180 consecutive days
or shall be fully licensed and ready for highway use.
READY FOR HIGHWAY USE means the recreational
vehicle is on wheels or jacking system, is attached to
the site only by quick disconnect type utilities and
security devices and has no permanently attached
additions, such as rooms, stairs, decks and porches.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.670 PERMANENT PLACEMENT.
Recreational vehicles that do not meet the
limitations in § 8.79.060 for temporary placement
shall meet the requirements of Article 304 for
manufactured homes.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 306. OTHER DEVELOPMENT
§ 8.79.680 GENERAL REQUIREMENTS FOR
OTHER DEVELOPMENT.
All development, including human-made changes
to improved or unimproved real estate for which
specific provisions are not specified in this chapter or the Building Code, shall:
(A) Be located and constructed to minimize flood
damage;
(B) Meet the limitations of § 8.79.560 when
located in a regulated floodway;
(C) Be anchored to prevent flotation, collapse or
lateral movement resulting from hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood;
(D) Be constructed of flood damage-resistant
materials; and
(E) Have mechanical, plumbing and electrical
systems above the design flood elevation or meet the
requirements of ASCE 24, except that minimum
electric service required to address Life, Safety and
Electric Code requirements is permitted below the
design flood elevation provided it conforms to the
provisions of the electrical part of the Building Code
for wet locations.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.690 TANKS.
Tanks that serve buildings shall comply with the
requirements of the Building Code. Underground and
aboveground tanks that serve other purposes shall be
designed, constructed, installed and anchored in
accordance with ASCE 24.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.700 REQUIREMENTS FOR
TEMPORARY STRUCTURES AND
TEMPORARY STORAGE IN FLOOD HAZARD
AREAS.
(A) Temporary structures shall be erected for a
period of less than 180 days and temporary storage of
goods and materials shall be permitted for a period of
less than 180 days. Extensions may be granted in
accordance with § 8.79.230.
(B) In addition, the following apply:
(1) Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement
resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
Fully enclosed temporary structures shall have flood
openings that are in accordance with ASCE 24 to
allow for the automatic entry and exit of floodwaters;
(2) Temporary stored materials shall not
include hazardous materials; and
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(3) The requirements of § 8.79.560, when
located in floodways.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.710 FENCES IN FLOODWAYS.
Fences in floodways that have the potential to
block the passage of floodwaters, such as stockade
fences and wire mesh fences, shall meet the limitations of § 8.79.560.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.720 OIL DERRICKS.
Oil derricks located in flood hazard areas shall be
designed in conformance with flood loads required by
the Building Code.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.730 RETAINING WALLS, SIDEWALKS
AND DRIVEWAYS IN FLOODWAYS.
Retaining walls and sidewalks and driveways that
involve placement of fill in floodways shall meet the
limitations of § 8.79.560 and the requirements for site grading in Chapter 18 of the Building Code.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.740 ROADS AND WATERCOURSE
CROSSINGS IN FLOODWAYS.
Roads and watercourse crossings that encroach
into floodways or riverine waterways with base flood
elevations where floodways have not been designated,
including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall
meet the limitations of § 8.79.560. Alteration of a
watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of
§ 8.79.280(C).
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.750 SWIMMING POOLS.
Above-ground swimming pools, on-ground
swimming pools and in-ground swimming pools that
involve placement of fill in floodways shall meet the
requirement of § 8.79.560.
(Ord. MC-1622, passed 1-17-2024)
ARTICLE 307. FLOOD CONTROL PROJECTS
§ 8.79.760 FLOOD CONTROL PROJECTS;
GENERAL.
In addition to applicable federal, state and other
local permits, a permit for floodplain development is
required for construction of flood control projects. The purpose for the permit is to examine the impact on
flood hazard areas, floodways and base flood
elevations shown on the FIRM. Unless otherwise
authorized by separate regulations, issuance of this
permit does not address the sufficiency of the
structural elements of the proposed flood control
project. Permits for floodplain development and
building permits in areas affected by proposed flood
control projects shall not be issued based on
conditional letters of map revision issued by FEMA.
(Ord. MC-1622, passed 1-17-2024)
§ 8.79.770 FLOOD CONTROL PROJECTS;
APPLICATIONS.
Applications for permits for flood control projects
shall include documentation, including, but not limited to:
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(A) Site plan or document showing the existing
topography and the boundaries of the flood hazard
areas, floodway boundaries and base flood elevations
shown on the FIRM;
(B) Site plan or document showing the proposed
topography and the proposed changes to the
boundaries of the flood hazard areas, floodway
boundaries and base flood elevations; and
(C) The documentation submitted to FEMA for
a conditional letter of map revision (“CLOMR”) and,
if issued, the conditional letter of map revision.
Submittal requirements and processing fees shall be
the responsibility of the applicant. A CLOMR is
required when a proposed flood control project alters
a floodway and increases base flood elevations more
than greater than 0.00 feet, or alters a watercourse a
riverine flood hazard area for which base flood
elevations are included in the flood insurance study or on the FIRM and floodways have not been designated
and increases base flood elevations more than 1.0 foot. (Ord. MC-1622, passed 1-17-2024)
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CHAPTER 8.80: STORM WATER DRAINAGE SYSTEM
Section
Article 1. Authority, Purpose and Policy;
Definitions
8.80.101 Authority
8.80.102 Purpose and objectives
8.80.103 Definitions
Article 2. General Conditions and Prohibitions
8.80.201 Administration
8.80.202 Applicability
8.80.203 Notice
8.80.204 Connections
8.80.205 Protection of the storm water
drainage system
8.80.206 Prohibited discharges
8.80.207 Exceptions to the prohibited
discharges
8.80.208 Compliance with best
management practices (“BMPs”)
8.80.209 Treatment of storm water runoff
8.80.210 Affirmative defense
8.80.211 Spill containment
8.80.212 Immediate notification of
accidental discharge
8.80.213 Written notification of accidental
discharge
8.80.214 Authority to inspect
Article 3. Residential Requirements
8.80.301 Prohibited discharges
8.80.302 Responsibility for illegal
discharge of prohibited
substances
8.80.303 Maintenance of private
residential storm drainage
systems
Article 4. Industrial and Commercial Requirements
8.80.401 Non-storm water discharges
8.80.402 General permit for storm water
discharges from industrial
activities
8.80.403 Conditional category - notice of
non-applicability
8.80.404 Best management practices
(“BMPs”)
Article 5. Construction Requirements
8.80.501 Storm water quality management
plan (“SWQMP”)
8.80.502 General permit for storm water
discharges from construction
activity
8.80.503 Non-storm water discharges
8.80.504 Non-storm water discharge
reporting requirements
8.80.505 Best management practices
Article 6. Administrative Enforcement Remedies
8.80.601 Notice of correction
8.80.602 Notice of violation
8.80.603 Administrative orders
8.80.604 Administrative hearing
8.80.605 Administrative civil penalties
8.80.606 Compensation for damages
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8.80.607 Appeals
8.80.608 Violations deemed a public
nuisance
Article 7. Judicial Enforcement Remedies
8.80.701 Legal action
8.80.702 Civil penalties
8.80.703 Criminal prosecution
8.80.704 Falsifying information
Article 8. General Clauses
8.80.801 Severability
8.80.802 City’s right of revision
ARTICLE 1. AUTHORITY, PURPOSE AND
POLICY; DEFINITIONS
§ 8.80.101 AUTHORITY.
This chapter is enacted pursuant to authority
conferred by an areawide urban storm water runoff
permit (NPDES Permit No. CAS618036, Order No.
R8-2002-0012) issued by the State Regional Water
Quality Control Board, Santa Ana Region pursuant to
§ 402(p) of the Clean Water Act , being 33 U.S.C.
§ 1342(p).
§ 8.80.102 PURPOSE AND OBJECTIVES.
The purpose of this chapter is to ensure the
health, safety and general welfare of the residents of
the city by prescribing regulations to effectively
prohibit non-storm water discharges into the city’s
storm water drainage system and to specifically
achieve the following objectives:
(A) Control discharges from spills, dumping or
disposal of materials other than storm water;
(B) Reduce the discharge of pollutants in all
storm water discharges to the maximum extent
practicable;
(C) Protect and enhance the water quality of
local, state and federal watercourses, water bodies,
ground water and wetlands in a manner pursuant to
and consistent with the Clean Water Act;
(D) Establish penalties for violations of the
provisions of this chapter; and
(E) Provide for the equitable distribution of the
cost of the storm water drainage system and storm
water pollution abatement programs, and all related
services through the establishment of fair and equitable fees and charges.
§ 8.80.103 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning. The
definitions in this chapter are included for reference
purposes and are not intended to narrow the scope of
the definitions set forth in federal or state law or
regulations. Words used in this chapter in the singular may include the plural and the plural may include the
singular. Use of masculine shall also mean feminine
and neuter.
ACT or THE ACT. The Federal Water Pollution
Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. §§ 1251 et seq.
ADJUSTMENT. A determination that the
volumetric amount of storm water which enters the
storm water drainage system from a premises is
deemed to be a defined amount substantially different
from the average storm water drainage.
AREAWIDE URBAN STORM WATER
RUNOFF PERMIT. The current, regional NPDES
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Storm Water Drainage System 201
permit issued by the California Regional Water
Quality Control Board, Santa Ana Region, to the San
Bernardino County Flood Control District, San
Bernardino County and 16 incorporated cities
discharging storm water into the Upper Santa Ana
River Basin for the regulation of storm water
discharges from municipal separate storm sewer
systems.
AVERAGE STORM WATER DRAINAGE. The
average amount of storm water drainage which enters
the storm water drainage system from a premises,
based on runoff factors established by the San
Bernardino County Flood Control District.
BMP. Any best management practice, best
management guideline or best management
requirement as adopted by any federal, state, regional
or local agency to prevent or reduce the pollution of
waters of the United States. BMPs also include
treatment requirements, operating procedures and
practices to control: plant site runoff, spillage or leaks; sludge or waste storage and disposal; or drainage from
raw material or chemical storage.
CITY or THE CITY. Refers to the City of San
Bernardino, California.
CITY ENGINEER. The City Engineer for the
City of San Bernardino, or the City Engineer’s
designee.
CONSTRUCTION ACTIVITY. Any activity used
in the process of developing, redeveloping, enhancing
or maintaining land, including, but not limited to: land disturbance, building construction, paving and
surfacing, storage and disposal of construction related materials.
CONTAMINATION. As defined in the
Porter-Cologne Water Quality Control Act, being Cal.
Water Code, Division 7, and § 13050(k) ,
CONTAMINATION is “an impairment of the quality
of waters of the state by waste to a degree which
creates a hazard to the public health through poisoning or through the spread of disease. CONTAMINATION
includes any equivalent effect resulting from the
disposal of waste whether or not waters of the state are affected.”
COMPLIANCE SCHEDULE. The time period
allowed by the city for a discharger to achieve
compliance with the city’s storm water regulations.
The COMPLIANCE SCHEDULE shall contain
specific dates by which adequate treatment facilities,
devices or other related equipment and/or procedures
must be installed or implemented.
DEVELOPED PARCEL. Any lot or parcel of
land altered from its natural state by the construction, creation and addition of impervious area, except public streets or highways.
DEVELOPER. A person, firm, corporation,
partnership or association who proposes to develop,
develops or causes to be developed real property for
himself or herself or for others except that employees
and consultants of such persons or entities, acting in
such capacity, are not developers.
DEWATERING. The removal and disposal of
surface water or ground water for purposes of
preparing a site for construction.
DISCHARGE. Any release, spill, leak, flow or
escape of any liquid, including sewage, wastewater or
storm water, semi-solid or solid substance onto the
land or into the city’s storm water drainage system.
DISCHARGER. Any person, property owner or
occupant of a unit, building, premises or lot in the city who discharges, or causes to be discharged, any of the
substances listed in the definition for DISCHARGE
directly or indirectly in to the city’s storm water
drainage system.
EPA. The Environmental Protection Agency of
the United States of America.
GENERAL PERMIT FOR STORM WATER
DISCHARGES FROM CONSTRUCTION
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ACTIVITY. A statewide general NPDES permit that
regulates all storm water discharges associated with
construction projects that disturb one acre or more of
land or which result in the disturbance of less than one acre, but which are part of a larger common plan of
development or sale.
GENERAL PERMIT FOR STORM WATER
DISCHARGES FROM INDUSTRIAL ACTIVITIES.
A statewide general NPDES permit that regulates
storm water discharges associated with industrial
activities that are listed in 40 C.F.R. § 122.26(b)(14).
HEARING OFFICER. The City’s Engineer, or
his or her designee, who presides at the administrative hearings authorized by this chapter and issues final
decisions on matters raised therein.
ILLEGAL DISCHARGE. Any discharge (or
seepage) into the city’s storm water drainage system
that is not composed entirely of storm water except for the authorized discharges listed in § 8.80.207.
ILLEGAL DISCHARGES include the improper
disposal of wastes into the storm water drainage
system.
ILLICIT CONNECTION. Defined as either of
the following:
(1) Any drain or conveyance, whether on
the surface or subsurface, which allows an illegal
discharge to enter the storm water drainage system,
including, but not limited to, any conveyance which
allows non-storm water discharges including sewage,
process wastewater and wash water to enter the storm
water drainage system and any connections to the
storm water drainage system from indoor drains and
sinks, regardless of whether said drain or connection
had been previously allowed, permitted or approved
by a government agency; or
(2) Any drain or conveyance connected to
the storm water drainage system that is not permitted
pursuant to a valid NPDES permit or which has not
been documented in plans, maps or equivalent records
approved by the city.
MAXIMUM EXTENT PRACTICABLE
(“MEP”). Refers to the maximum level of pollutant
reductions or storm water runoff reductions that must
be achieved by treatment, infiltration or a combination of treatment, infiltration and best management
practices, taking into account equitable considerations of synergistic, additive and competing factors,
including, but not limited to, gravity of the problem,
fiscal and technical feasibility, public health risks,
societal concern and social benefits, to effectively limit the discharge of pollutants or storm water runoff into
the city’s storm water drainage system.
NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (“NPDES”). The EPA’s
national program under the Federal Clean Water
Act
to eliminate discharges of pollution into waters of the United States.
NEW DEVELOPMENT. Land disturbing
activities; structural development, including
construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.
NON-STORM WATER. Any water discharging
to the city’s storm water drainage system that does not originate from precipitation events.
NON-STRUCTURAL BMPS. Any schedules of
activities, prohibitions of practices, maintenance
procedures, managerial practices or operational
practices that aim to prevent storm water pollution by
reducing the potential for contamination at the source
of pollution.
NOTICE OF INTENT (“NOI”). A form
provided by the State Water Resources Control Board
that is required to be completed and submitted in order to obtain coverage under one of the state’s NPDES
general storm water permits prior to the start of certain business activities or construction activities.
NPDES PERMIT. Any permit issued pursuant to
the Federal Clean Water
Act.
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NUISANCE. Any condition described by all of
the following:
(1) Is injurious to health, or is indecent or
offensive to the senses, or an obstruction to the free
use of property, so as to interfere with the comfortable enjoyment of life or property;
(2) Affects at the same time an entire
community or neighborhood, or any considerable
number of persons, although the extent of the
annoyance or damage inflicted upon individuals may
be unequal; and
(3) Occurs during, or as a result of, the
treatment or disposal of wastes.
PERMIT. Any permit issued by the city.
PERMITTEE. The San Bernardino County Flood
Control District, San Bernardino County and each of
the 16 cities in San Bernardino County discharging
storm water drainage into the Upper Santa Ana River
Basin and regulated by the areawide urban storm water
runoff permit.
PERSON. Any individual, partnership,
committee, entity, association, corporation, public
agency and any other organization, or group of
persons, public or private; the masculine genders shall include the feminine; the singular shall include the
plural where indicated by the context.
pH. The measure of the hydrogen ion
concentration of water and the standard by which the
acidity or alkalinity of a water sample is determined.
POLLUTANT. Shall mean, but not be limited to,
any liquid, solid or semi-solid substances or
combination thereof, which causes a nuisance or
contributes to a condition of contamination or pollution of the city’s storm water runoff, storm water drainage
system or the impairment or degradation of waters of
the state, including, but not limited to, the following:
(1) Floatable materials (such as floatable
plastics or wood products, and metal shavings, or
materials forming films, foam or scum);
(2) Household waste (such as trash,
cleaners, toxic or hazardous chemicals, yard wastes,
animal fecal materials, used oil, coolant, gasoline and other vehicle fluids);
(3) Metals and non-metals, including
compounds of metals and non-metals;
(4) Petroleum hydrocarbons (such as fuels,
lubricants, surfactants, waste oils, solvents, coolants and grease);
(5) Domestic sewage from sewer line
overflows, septic tanks, port-a-potties, boats and
recreational vehicles;
(6) Animal wastes (such as wastes from
confinement facilities, kennels, pens, stables and show facilities);
(7) Substances having a pH less than 6.5 or
greater than 8.5, or unusual coloration, turbidity or
odor;
(8) Materials causing an increase in
biochemical oxygen demand, chemical oxygen demand
or total organic carbon;
(9) Materials containing base/neutral or acid
extractable organic compounds;
(10) Waste materials and wastewater
generated on construction sites from construction
activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants,
vehicle maintenance, construction equipment washing,
concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of
chemical degreasing or diluting agents; and chlorinated water from potable line flushing;
(11) Those pollutants defined in § 1362(6) of
the Federal Clean Water
Act; and
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(12) Any other constituent or material,
including, but not limited to, pesticides, herbicides,
fertilizers, eroded soils, sediment and particulate
materials, in quantities that have been determined by
the state or EPA to adversely affect the beneficial uses of waters of the state.
REDEVELOPMENT. The creation or addition of
impervious surfaces or the making of improvements to
an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing
activities related with structural or impervious
surfaces.
SEWAGE. The wastewater of the community
derived from residential, agricultural, commercial or
industrial sources, including domestic sewage and
industrial wastewater.
SIC (“STANDARD INDUSTRIAL
CLASSIFICATION”). The statistical classification
standard underlying all establishment-based federal
economic statistics classified by industry. The
Standard is published in the SIC Manual, 1987, Office
of Management and Budget.
STORM WATER. Rain water, snow melt runoff
and associated surface runoff and drainage.
STORM WATER DRAINAGE SYSTEM. All of
the property involved in the operation of the storm
water drainage collection and disposal system for the
city, including, but not limited to, conduits, natural or artificial drains, channels and watercourses, together
with appurtenances, pumping stations and equipment
which is tributary to the regional storm water runoff
system.
STORM WATER POLLUTION PREVENTION
PLAN (“SWPPP”). The plan as described in the
general construction activity storm water permit as
issued by the State Water Resources Control Board on
August 19, 1999 and as may be amended, or the
general industrial activities storm water permit as
issued on April 17, 1997 and as may be amended,
which specifies BMPs that will prevent pollutants from
contacting storm water and all products of erosion
from moving off site into receiving waters.
STORM WATER QUALITY MANAGEMENT
PLAN (“SWQMP”). A plan required of new
development/redevelopm ent projects, outlining
appropriate non-structural and structural BMPs,
including storm water infiltration and treatment
devices that will be implemented and installed to
prevent pollutants from being discharged into the city’s storm water drainage system, during and after
construction.
STRUCTURAL BMPS. Any structural facility
designed and constructed to remove pollutants from
storm water runoff or prevent pollutants from
contacting storm water. Examples are canopies,
structural enclosures, sediment basins, catch basin
inlet filters, grassy swales and sand and oil
interceptors.
VIOLATION. A breech of any provision of this
chapter.
WATERS OF THE STATE. Any surface water
or ground water, including saline waters, within the
boundaries of the state.
ARTICLE 2. GENERAL CONDITIONS AND
PROHIBITIONS
§ 8.80.201 ADMINISTRATION.
The City Engineer shall administer, implement
and enforce the provisions of this chapter. Any powers
granted to or duties imposed upon the City Engineer
may be delegated by the City Engineer to persons
authorized by the City Engineer and in the employ of
the city.
§ 8.80.202 APPLICABILITY.
This chapter shall apply to all dischargers,
including all residents as well as commercial,
industrial and construction enterprises, to the city’s
storm water drainage system, and to dischargers
outside the city who, by agreement with the city,
utilize the city’s storm water drainage system.
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§ 8.80.203 NOTICE.
Unless otherwise provided herein, any notice
required by this chapter shall be in writing and served in person, by first class, registered or certified mail.
Notice shall be deemed to have been given at the time
of deposit, postage prepaid, in a facility regularly
serviced by the United States Postal Service.
§ 8.80.204 CONNECTIONS.
(A) The discharge or diversion of storm water or
non-storm water is permissible when the connection to
the city’s storm water drainage system is made in
accordance with a valid construction permit, approved
construction plan and, if applicable, an NPDES storm
water permit and the discharge is not prohibited under
§ 8.80.206.
(B) (1) It is prohibited to establish, use,
maintain and/or continue any illicit connection to the
city’s storm water drainage system. This prohibition is retroactive and applies to connections made in the
past, regardless of whether the connection was made
under a permit or other authorization or whether the
connection was permissible under the law or practices
applicable or prevailing at the time of the connection. (2) Construction permits are required for
the construction or modification of any storm drain or
conveyor of drainage waters and appurtenant items
within:
(a) Dedicated easements, rights-of-way
or public place and/or facility; or
(b) Private property so as it may,
directly or indirectly, disc harge into the city’s storm water drainage system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway
approaches and unrestricted sheet flow.
§ 8.80.205 PROTECTION OF THE STORM
WATER DRAINAGE SYSTEM.
Without the prior written approval of the City
Engineer, no person shall construct, modify or cause
to be constructed or modified any structure, facility or appurtenant items which may alter the normal
functioning of the city’s storm water drainage system,
including any action which may alter the capacity, fall or structural integrity of a storm drain, channel or
related structures.
§ 8.80.206 PROHIBITED DISCHARGES.
It is prohibited to:
(A) Discharge non-storm water, directly or
indirectly, to the city’s storm water drainage system,
or any street, lined or unlined drainage channel which
leads to the city’s storm drain or directly or indirectly into any waters of the state unless such discharge is
authorized by either a separate NPDES permit or as
otherwise specified in § 8.80.207. If such discharge is permitted by a NPDES permit or is generally
exempted, but causes the city to violate any portion of its NPDES permits for storm water discharges, such
discharge is also prohibited;
(B) Discharge storm water into the city’s storm
water drainage system containing pollutants that have
not been reduced to the maximum extent practicable;
(C) Throw, deposit, leave, maintain, keep or
permit to be thrown, deposited, placed, left or
maintained any refuse, garbage, sediment or other
discarded or abandoned objects, articles and
accumulations in or upon any street, alley, sidewalk,
storm drain, inlet, catch basin, conduit or other
drainage structures, business place or upon any public
or private lot of land in the city, so that the same may be and/or may become a pollutant;
(D) Throw or deposit any refuse, garbage or any
other pollutant into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within
the city; and
(E) Discharge any of the following types of
waste into the city’s storm water drainage system:
(1) Sewage;
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(2) Surface cleaning wash water resulting
from mopping, rinsing, pressure washing or steam
cleaning of gas stations and vehicle service businesses or any other business;
(3) Discharges resulting from the cleaning,
repair or maintenance of any type of equipment,
machinery or facility, including motor vehicles,
concrete mixing equipment, portable toilet servicing
and the like;
(4) Wash water from mobile auto detailing
and washing, steam and pressure cleaning, carpet
cleaning, drapery and furniture cleaning and the like;
(5) Wastewater from cleaning municipal,
industrial, commercial and residential areas (including parking lots), streets, sidewalks, driveways, patios,
plazas, work yards and outdoor eating or drinking
areas, containing chemicals or detergents and without
prior sweeping and the like;
(6) Storm water runoff from material or
waste storage areas containing chemicals, fuels,
grease, oil or other hazardous materials or
contaminated equipment;
(7) Discharges from pool or fountain water
containing chlorine, biocides, acids or other
chemicals; pool filter backwash containing debris and
chlorine;
(8) Pet waste, yard waste, debris, sediment
and the like;
(9) Restaurant wastes, such as grease, mop
water and wash water from cleaning dishes, utensils,
laundry, floors, floor mats, trash bins, grease
containers, food waste and the like;
(10) Chemicals or chemical waste;
(11) Medical wastes;
(12) Blow down or bleed water from cooling
towers and boilers, regenerative brine waste from
water softeners or reverse osmosis treatment systems;
(13) Materials or chemical substances that
cause damage to the city’s storm water drainage
system; and
(14) Any other material that causes or
contributes to a condition of contamination, nuisance
or pollution in the city’s storm drainage system or
causes a violation of any waste disposal regulations,
waste discharge requirements, water quality standards
or objectives adopted by the State Water Resources
Control Board, Regional Water Quality Control
Board, EPA, San Bernardino County Fire Hazmat,
San Bernardino County Flood Control District or any
other public agency with jurisdiction.
§ 8.80.207 EXCEPTIONS TO THE
PROHIBITED DISCHARGES.
(A) The following discharges of non-storm water
into the city’s storm drainage system are generally
exempt from the prohibited discharges listed in
§ 8.80.206. However, divisions (A)(12) through
(A)(22) below have been identified as potential
significant sources of pollutants and require coverage
under the regional board’s de minimus permit as well
as prior approval by the City Engineer before
discharge (see *note below):
(1) Discharges covered by NPDES permits
or written clearances issued by the Regional or State
Board;
(2) Landscape irrigation, lawn watering and
irrigation water;
(3) Water from crawl space pumps;
(4) Air conditioning condensation;
(5) Non-commercial car washing;
(6) Rising ground waters and natural
springs;
(7) Ground water infiltration, as defined in
40 C.F.R. § 35.2005(b)(20), and uncontaminated
pumped ground water;
(8) Water flows from riparian habitats and
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wetlands;
(9) Water flows generated from emergency
response and/or firefighting activities; however,
appropriate BMPs shall be implemented to the extent
practicable; BMPs must be implemented to reduce
pollutants from non-emergency firefighting flow;
(10) Waters not otherwise containing wastes,
as defined in Cal. Water Code, § 13050(d);
(11) Other types of discharges identified and
recommended by the city and approved by the
Regional Water Quality Control Board;
(12) *Potable water line testing or flushing
and other discharges from potable water sources;
(13) *Water from fire hydrant testing and
flushing using appropriate BMPs;
(14) *Water from passive foundation drains
or passive footing drains;
(15) *Dechlorinated swimming pool
discharges;
(16) *Diverted stream flow;
(17) *Wastes associated with well
installation, development, test pumping and purging;
(18) *Aquifer testing wastes;
(19) *Discharges from hydrostatic testing of
vessels, pipelines, tanks and the like;
(20) *Discharges from the maintenance of
potable water supply pipelines, tanks, reservoirs and
the like;
(21) *Discharges from the disinfection of
potable water supply pipelines, tanks, reservoirs and
the like; and
(22) *Discharges from potable water supply
systems resulting from system failures, pressure
releases and the like.
*Note: The city requires that a “non-storm
water discharge notification form” be submitted to the
Development Services Department for approval of
these discharges, five days prior to any planned
discharges or, as soon as possible, for any unplanned
discharges. The notification form is available from the Development Services Department counter.
Monitoring may also be required for these discharges.
(B) The Regional Board may issue waste
discharge requirements for discharges exempted from
NPDES requirements, if identified to be a significant
source of pollutants. The Executive Officer of the
Board may also add categories of non-storm water
discharges that are not significant sources of pollutants or remove categories of non-storm water discharges
listed above based upon a finding that the discharges
are a significant source of pollutants. In this case, the list of exempted discharges above would be adjusted
accordingly.
§ 8.80.208 COMPLIANCE WITH BEST
MANAGEMENT PRACTICES (“BMPs”).
Any person undertaking any activity or operation
in the city that could potentially cause or contribute to storm water pollution or a discharge of non-storm
water shall comply with all applicable best
management practices (“BMPs”) as listed in the
“California Storm Water Best Management Practice
Handbooks” or the current county storm water
program’s “Report of Waste Discharge” to reduce
pollutants in storm water runoff and reduce non-storm
water discharges to the city’s storm water drainage
system to the maximum extent practicable or to the
extent required by law.
§ 8.80.209 TREATMENT OF STORM WATER
RUNOFF.
If a discharger has the potential to introduce
pollutants into the city’s storm water drainage system
or is exceeding EPA parameter benchmark values, the
city may require the installation of appropriate storm
water treatment equipment or devices. These devices
shall reduce pollutant constituents to the degree of
reduction attainable through the application of the best
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management practices to the maximum extent
practicable. Any required treatment equipment or
devices shall be provided, operated and maintained at
the expense of the discharger. Detailed plans showing
the treatment device and operating procedures shall be
submitted to the city for review, and shall be
acceptable to the city before construction or
installation of the equipment. The review and approval
of such plans and operating procedures will in no way
relieve the discharger from the responsibility of
modifying the facility as necessary to treat storm water runoff or prevent the introduction of storm water
pollutants to comply with this chapter.
§ 8.80.210 AFFIRMATIVE DEFENSE.
A discharger shall have an affirmative defense in
any action brought against it alleging a violation of
§ 8.80.206 where the discharger can demonstrate it did
not know or have reason to know that its discharge,
alone or in conjunction with a discharge or discharges
from other sources, would cause violation of this
chapter or the areawide urban storm water runoff
permit.
§ 8.80.211 SPILL CONTAINMENT.
(A) Persons storing chemicals or chemical waste
outdoors shall be required to install spill containment subject to requirements established by the City
Engineer and federal, state and county standards.
Persons storing any other materials or equipment that
are potential sources of storm water pollution are also required to install spill containment.
(B) No person shall operate a spill containment
system that could allow incompatible materials and/or
wastes to mix, thereby creating hazardous or toxic
substances in the event of failure of one or more
containers. Spill containment systems shall consist of
a system of dikes, walls, barriers, berms and/or other
devices designed to contain the spillage of the liquid
contents of the containers stored in them and to
minimize the buildup of storm water from
precipitation, and run-on from roof drainage and
outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to
contain precipitation from at least a 24-hour, 25-year
rainfall event, plus 10% of the total volume of the
material stored there or the volume of the largest
container, whichever is greater. Spill containment
systems shall also be constructed of impermeable and
non-reactive materials to the materials and/or wastes
being contained. Spilled and/or leaked materials
and/or wastes and any accumulated precipitation shall
be removed from the spill containment system in as
timely a manner as is necessary to prevent the
overflow of the spill containment system.
(C) Unless otherwise approved by the City
Engineer, all chemicals or wastes discharged within
the spill containment system shall be disposed of in
accordance with all applicable federal, state and local rules, regulations and laws, and shall not be
discharged into the city’s sanitary sewer system, storm water drainage system or onto the ground.
§ 8.80.212 IMMEDIATE NOTIFICATION OF
ACCIDENTAL DISCHARGE.
(A) Protection of the city’s storm water drainage
system from the accidental discharge of prohibited
materials or wastes is the responsibility of the person or persons in charge of such material. Detailed plans
showing facilities and operating procedures to provide
this protection shall be submitted to the City Engineer for review, and shall be approved by the City Engineer
prior to any construction. All new and existing
dischargers shall complete such a plan. Review and
approval of such plans and operating procedures shall
not relieve the discharger from the responsibility to
modify his or her facility as necessary to meet the
requirements of this chapter.
(B) A notice shall be permanently posted in a
prominent place advising employees whom to contact
in the event of an accidental discharge. Employers
shall ensure that all employees are advised of the
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emergency notification procedures. In the event of an
accidental discharge, it is the responsibility of the
discharger to immediately telephone and notify the
proper authorities.
(C) All discharges released into the city’s storm
water drainage system, including a street or gutter,
shall be immediately reported to the City Development
Services Department and Fire Department. All
discharges that pose a threat to human health or the
environment shall be reported to the Executive Officer
of the State Regional Water Quality Control Board
within 24 hours by telephone or e-mail and followed
with a written report of th e spill event within five
days. At minimum, all sewage spills over 1,000
gallons and all reportable quantities of hazardous
materials or hazardous waste shall be reported within
24 hours.
§ 8.80.213 WRITTEN NOTIFICATION OF
ACCIDENTAL DISCHARGE.
Within five working days following an accidental
discharge into the city’s storm water drainage system,
the person or persons in charge of the material and/or
waste which was accidentally discharged shall submit
a written report to the City Engineer. The report shall describe in detail the type and volume of the material
and/or waste and the cause of the discharge. The
report shall also describe, in detail, all corrective
actions taken and measures to be taken to prevent
future occurrences. Such notification of the accidental discharge shall not relieve the user of any fines or civil penalties incurred as a result of the event or any other liability which may be imposed by this chapter or
other applicable laws.
§ 8.80.214 AUTHORITY TO INSPECT.
(A) The City Engineer, or his or her designated
representative, shall be authorized, at any reasonable
time, to enter the premises of any discharger to the
city’s storm water drainage system to determine
compliance with the provisions of this chapter, and to:
(1) Conduct inspection, monitoring and/or
other authorized duties to enforce the provisions of this chapter;
(2) Review any records, reports, test results
or other information required to enforce the provisions of this chapter. Such review may include the necessity
to photograph, videotape or copy any applicable
information; and
(3) Inspect any chemicals, materials,
wastes, storage areas, storage containers and waste
generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals,
materials, wastes, storage areas, storage containers,
waste generating processes, treatment facilities and
discharge locations.
(B) The City Engineer, or his or her designated
representative, shall provide adequate identification
when entering the premises of any discharger. If such
entry is refused or cannot be obtained, the City
Engineer shall have recourse to every remedy provided
by law to secure lawful entry and inspection of the
premises.
(C) If the City Engineer has reasonable cause to
believe that non-storm water discharge conditions on
or emanating from the premises are of a nature so as
to require immediate inspection to safeguard public
health or safety, the City Engineer shall have the right to immediately enter and inspect said property and
may use any reasonable means required to effect such
entry and make such inspection, regardless if said
property is occupied or unoccupied and regardless if
formal permission to inspect said property has been
obtained.
(D) Where a discharger has instituted security
measures requiring proper identification and clearance
before entry onto the premises, the discharger shall
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San Bernardino - Health and Safety210
make all necessary arrangements with its security
agents in order that, upon presentation of such
identification, the City Engineer, or his or her
designated representative(s), shall be permitted to
enter the premises without delay, for the purpose of
performing his or her authorized duties. For facilities which require special clearances to conduct
inspections, it shall be the responsibility of the
discharger to obtain all necessary clearances on behalf of the city so that the inspection is not impaired.
ARTICLE 3. RESIDENTIAL REQUIREMENTS
§ 8.80.301 PROHIBITED DISCHARGES.
In addition to the general prohibitions in
§ 8.80.206, it is prohibited to discharge any of the
following to any street, gutter, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage
structures, business place or upon any public or
private lot of land in the city, so that the same may be and/or may become a pollutant:
(A) Animal waste, soil, leaves, plant and tree
cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch and pesticides;
(B) Concrete or cement waste, brick and tile
work wastes, plaster and drywall tool cleanup water,
waste paint or painting cleanup water, asphalt or
asphalt cleanup solvents or slurry from saw cutting
concrete or asphalt and other construction waste;
(C) Domestic sewage, including wastewater from
sinks, washing machines, dishwashers, toilets,
campers, motorhomes or trailers;
(D) Chemicals, degreasers, bleach, steam
cleaning or pressure washing wastewater;
(E) Motor oil, antifreeze, gasoline, diesel,
kerosene, solvents, battery acid, brake fluid,
transmission fluid, power steering fluid, engine
cleaning compounds, engine or parts cleaning wash
water or rinse water and any other vehicular fluids;
(F) Water softener brine waste, or any other
wastewater from other household water treatment
systems;
(G) Wastewater from draining swimming pools,
ponds or fountains which contain chlorine biocides,
acids or other chemicals, pool filter backwash
containing debris and chlorine;
(H) Discharges from acid cleaning of swimming
pools, ponds or fountains or filter cleaning from the
same; and
(I) Any other material that causes or contributes
to a condition of contamination, nuisance or pollution
in the city’s storm drainage system or causes a
violation of any waste disposal regulations, waste
discharge requirements, water quality standards or
objectives adopted by the State Water Resources
Control Board or Regional Water Quality Control
Board.
§ 8.80.302 RESPONSIBILITY FOR ILLEGAL
DISCHARGE OF PROHIBITED SUBSTANCES.
The property owner(s) of a lot or parcel from
which an illegal discharge originates shall be
ultimately responsible for all abatement and cleanup
costs associated with the discharge, at his or her own
expense, if the responsible party cannot be located.
Likewise, if the tenant of a multi-family residential
unit has discharged a prohibited material or waste into the city’s storm drainage system or has caused the
contamination of storm water runoff from the property
by his or her activities and the City Engineer cannot
determine the responsible party or residential unit
responsible, the owner of the property from which the
discharge originated shall be responsible for the
cleanup and abatement costs to mitigate the condition.
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Additionally, a property owner shall be responsible for all cleanup costs and damages to the city’s storm
drainage system from a contractor’s activities, if the
contractor was hired by the owner and cannot be
located.
§ 8.80.303 MAINTENANCE OF PRIVATE
RESIDENTIAL STORM DRAINAGE
SYSTEMS.
All private residential storm drainage inlets,
under-drains and gutters shall be inspected annually
and cleaned prior to the beginning of the rainy season
if there is evidence of one or more of the following
conditions:
(A) The sediment/debris storage volume is 25%
or more full;
(B) There is evidence of illegal discharge; and
(C) Accumulated sediment or debris impairs the
hydraulic function of the facility. Private streets shall also be swept and maintained as needed to prevent
sediment, gardening waste, trash, litter and other
contaminants from entering the city’s storm drainage
system.
ARTICLE 4. INDUSTRIAL AND COMMERCIAL
REQUIREMENTS
§ 8.80.401 NON-STORM WATER
DISCHARGES.
All non-storm water discharges associated with
industrial and commercial activities that discharge into the city’s storm water drainage system are prohibited
except as permitted by an individual user’s NPDES
storm water permit or § 8.80.207.
§ 8.80.402 GENERAL PERMIT FOR STORM
WATER DISCHARGES FROM INDUSTRIAL
ACTIVITIES.
(A) All businesses who own or operate facilities
described in 40 C.F.R. § 122.26(b)(14)(i) through
(b)(14)(xi) are required to obtain coverage under the
state’s general permit for discharges of storm water
associated with industrial activities, at least 14 days prior to the startup of business activities. All listed businesses are required to submit a completed notice
of intent (“NOI”) form, site map and application fee
to the State Water Resources Control Board
(“SWRCB”). The SWRCB also requires the listed
businesses to prepare a storm water pollution
prevention plan (“SWPPP”), retain a copy of the
SWPPP on site and comply with all the requirements
of the general permit. Copies of the NOI form are
available from the City Development Services
Department.
(B) The city requires that all businesses that have
filed an NOI for coverage under the state’s general
permit and have received a waste discharge
identification number (“WDID”) from the State Water
Resources Control Board, either mail, fax or hand
deliver a copy of the WDID letter from the state to the Development Services Department as proof of filing.
§ 8.80.403 CONDITIONAL CATEGORY -
NOTICE OF NON-APPLICABILITY.
(A) Businesses who own or operate facilities
described in 40 C.F.R. § 122.26(b)(14)(xi) may
prepare a “notice of non- applicability” in lieu of an
NOI if they can certify on this form provided by the
State Water Resources Control Board that there is no
manufacturing process, material, equipment or product
storage outside in an area that is exposed to storm
water runoff.
(B) The “notice of non-applicability” must
document all of the following:
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San Bernardino - Health and Safety212
(1) All prohibited non-storm water
discharges have been eliminated or otherwise
permitted;
(2) All significant materials related to
industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water
discharges;
(3) All industrial activities and industrial
equipment are not exposed to storm water or
authorized non-storm water discharges; and
(4) There is no exposure of storm water to
significant materials associated with industrial activity through other direct or indirect pathways such as from
industrial activities that generate dust and particulates. (C) Businesses in this category are required to
submit the notice of non-applicability to the local
office of the State Regional Water Quality Control
Board, Santa Ana Region, and are required to maintain
the above documentation on-site at all times. They are
also required to re-evaluate and re-certify once a year that the conditions above are continuously met. Copies
of the “notice of non-applicability” form are available from the City Development Services Department.
§ 8.80.404 BEST MANAGEMENT PRACTICES
(“BMPs”).
(A) All businesses, regardless of permit status,
shall implement all applicable BMPs, as listed in the
“California Storm Water Best Management Practice
Handbooks” or the current San Bernardino County
Storm Water Program’s “Report of Waste Discharge,”
to reduce pollutants in storm water runoff and reduce
non-storm water discharges to the city’s storm water
drainage system to the maximum extent practicable.
All structural controls shall also be maintained to
effectively prevent pollutants from contacting storm
water or remove pollutants from storm water runoff to
the maximum extent practicable. Maintenance records
for structural and treatment devices, including waste
hauling receipts, shall be kept for a period of five
years and made available to the city’s inspector, upon
request.
(B) If structural or treatment controls are not
functioning as designed or are not effective in reducing storm water pollutants or non-storm water discharges
to the maximum extent practicable, the city will
require that the control device be repaired, rebuilt or replaced.
ARTICLE 5. CONSTRUCTION REQUIREMENTS
§ 8.80.501 STORM WATER QUALITY
MANAGEMENT PLAN (“SWQMP”).
(A) Prior to the issuance of any grading or
building permit, all qualifying land development/
redevelopment projects shall submit and have
approved a storm water quality management plan
(“SWQMP”) to the City Engineer on a form provided
by the city. The SWQMP shall identify all BMPs that
will be incorporated into the project to control storm
water and non-storm water pollutants during and after
construction and shall be revised as necessary during
the life of the project. The SWQMP submittal applies
to construction projects covered by the NPDES
general construction permit as well as construction
projects less than one acre.
(B) Qualifying development/redevelopment
projects include:
(1) Home subdivisions of ten units or more.
This includes single-family residences, multi-family
residences, condominiums, apartments and the like;
(2) Commercial developments of 100,000
square feet or more. This includes non-residential
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developments, such as hospitals, educational
institutions, recreational facilities, mini-malls, hotels, office buildings, warehouses and light industrial
facilities;
(3) Vehicle maintenance shops (SIC codes
5013, 5014, 5541, 7532 through 7534, 7536 through
7539);
(4) Food service businesses developing
5,000 square feet or more of land area;
(5) All hillside developments on 10,000
square feet or more, which are located on areas with
known erosive soil conditions or where the natural
slope is 25% or more;
(6) Developments of 2,500 square feet of
impervious surface or more adjacent to (within 200
feet) or discharging directly into environmentally
sensitive areas such as areas designated in the ocean
plan as areas of special biological significance or water bodies listed on the Clean Water Act, § 303(d)
list of
impaired waters at § 303(d) of the Act, being 33
U.S.C. § 1313(d);
(7) Parking lots of 5,000 square feet or
more exposed to storm water. PARKING LOT is
defined as land area or facility for the temporary
storage of motor vehicles; and
(8) All redevelopment projects adding 5,000
square feet or more of impervious surface on an
already developed site. This includes additional
buildings and/or structures, extension of an already
existing building footprint and construction of parking lots and the like.
§ 8.80.502 GENERAL PERMIT FOR STORM
WATER DISCHARGES FROM
CONSTRUCTION ACTIVITY.
(A) Any developer/owner engaging in
construction activities which disturb one acre or more
of land shall apply for coverage under the general
storm water permit for construction activity with the
State Water Resources Control Board (“SWRCB”).
Any developer/owner engaging in construction
activities which disturb less than one acre but are part of a larger common plan of development or sale that
is greater than one acre must also apply for coverage
under the general storm water permit for construction
activity with the State Water Resources Control Board
(“SWRCB”). CONSTRUCTION ACTIVITY includes,
but is not limited to: clearing, grading, demolition,
excavation, construction of new structures and
reconstruction of existing facilities, involving removal and replacement that results in soil disturbance. The
owner of the land where the construction activity is
occurring is responsible for obtaining coverage under
the permit. Owners may obtain coverage under the
general permit by completing a “notice of intent” form
(“NOI”) and mailing the form along with a vicinity
map and the appropriate fee to the office of the State
Water Resources Control Board. The NOI form and
checklist of items to submit to the state is available
from the State Water Resources Control Board in
Sacramento, California or from the City Development
Services Department. In addition, the owner shall also
prepare a storm water pollution prevention plan
(“SWPPP”) in accordance with state requirements.
(B) Prior to obtaining any city-issued grading
and/or construction permits, the developer/owner shall
provide evidence of compliance with the general
construction permit by providing a copy of the waste
discharger’s identification number (“WDID”) to the
City Development Services Department.
§ 8.80.503 NON-STORM WATER
DISCHARGES.
(A) Discharges of non-storm water from
construction activities are generally prohibited except for those discharges listed in § 8.80.207 or any
discharges authorized by the City Engineer or the
Regional Water Quality Control Board (“RWQCB”).
The city and the RWQCB will allow the discharge of
certain non-storm water discharges from construction
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sites provided that they ar e in compliance with the
discharge limitations specified in the current general
waste discharge requirements for de minimus
discharges issued by the Regional Water Quality
Control Board, Santa Ana Region.
(B) The following discharges are authorized
provided they are in compliance with the permit:
(1) Construction dewatering wastes;
(2) Wastes associated with well installation,
development, test pumping and purging;
(3) Aquifer testing wastes;
(4) Dewatering wastes from subterranean
seepage, except for discharges from utility company
vaults;
(5) Discharges resulting from hydrostatic
testing of vessels, pipelines, tanks and the like;
(6) Discharges resulting from the
maintenance of potable water supply pipelines, tanks,
reservoirs and the like;
(7) Discharges resulting from the
disinfection of potable water supply pipelines, tanks,
reservoirs and the like;
(8) Discharges from potable water supply
systems resulting from system failures, pressure
releases and the like; and
(9) Discharges from fire hydrant testing or
flushing.
§ 8.80.504 NON-STORM WATER DISCHARGE
REPORTING REQUIREMENTS.
(A) (1) Authorized non-storm water discharges
under § 8.80.503 shall be reported to the City
Engineer at least five days prior to a planned
discharge. Unplanned discharges of non-storm water
into the city’s storm drainage system shall be reported as soon as possible and before any discharge is
initiated. The City Development Services Department
shall provide a “non-storm water discharge notification form” for any developer that is proposing to discharge
any non-storm water from a construction site. The
non-storm water discharge notification form must be
submitted to the Development Services Department for
these discharges, at least five days prior to any
planned discharge or as soon as possible for any
unplanned discharge. Monitoring may also be required
for these discharges.
(2) If the city provided form is not utilized,
a report shall be submitted prior to discharge which
includes the following information:
(a) Type of proposed discharge;
(b) Estimated average and maximum
daily flow rate;
(c) Frequency and duration of
discharge;
(d) A description of the proposed
treatment system (if appropriate); and
(e) A description of the path from the
point of discharge to the nearest storm drain inlet.
(B) All discharges shall be monitored daily for
flow volume and shall be recorded in a daily log by
the person responsible for the discharge. Discharges
shall also be sampled during the first 30 minutes of
each discharge and weekly thereafter for continuous
discharges for chlorine and total suspended solids.
Monitoring data for flow, chlorine and suspended
solids and any other required constituents shall be
reported to the City Development Services Department
on a weekly basis.
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§ 8.80.505 BEST MANAGEMENT
PRACTICES.
All construction projects which could potentially
have an adverse impact on the city’s storm water
drainage system or waters of the state shall install
and/or implement appropriate construction and
post-construction BMPs, as listed in their SWQMP or
the “California Storm Water Best Management
Practice Handbook,” to reduce pollutants to the
maximum extent practicable or to the extent required
by law.
ARTICLE 6. ADMINISTRATIVE
ENFORCEMENT REMEDIES
§ 8.80.601 NOTICE OF CORRECTION.
Whenever the City Engineer, or his or her
designee, finds that any discharger has the potential to violate or has already violated any prohibition,
limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan, the city
may serve upon such person a written notice of
correction stating the nature of the violation and the
necessary actions that must be implemented to correct
the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties
for non-compliance.
§ 8.80.602 NOTICE OF VIOLATION.
(A) When the City Engineer, or his or her
authorized representative, finds that any discharger has failed to comply with a notice of correction or has
violated or continues to violate any prohibition,
limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan, the city
may serve upon such person a written notice of
violation stating the nature of the violation and the
penalties for non-compliance. At a minimum, the
notice of violation shall require that the discharger
submit to the City Engineer, within a time period
specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger shall be guilty of
a separate offense for every day during any portion of
which any violation of any provision of this chapter is committed, continued or permitted by the discharger.
(B) Pursuant to Cal. Gov’t Code, §§ 53069.4
and 36900(b), the following administrative fines shall
apply to the issuance of a notice of violation by the
City Engineer, or his or her authorized representative. (1) A first notice of violation shall be issued
for a first violation of this chapter and shall be
punishable by an administrative fine not exceeding
$100.
(2) A second notice of violation shall be
issued for a second violation of this same ordinance
within one year and shall be punishable by an
administrative fine not exceeding $200.
(3) A third notice of violation shall be
issued for a third violation of this same ordinance
within one year and shall be punishable by an
administrative fine not exceeding $500. Each
additional violation of the same ordinance within one
year shall also be punishable by an administrative fine of $500.
§ 8.80.603 ADMINISTRATIVE ORDERS.
The City Engineer may require compliance with
any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the
basin plan, by issuing an administrative order,
enforceable in a court of law or by directly seeking
court action. Administrative orders may include
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compliance orders, stop work orders, cease and desist
orders, termination of service orders and immediate
termination of service orders.
(A) Compliance order.
(1) (a) The City Engineer, or his or her
designee, may issue a compliance order to any
discharger who fails to correct a violation of this
chapter, any NPDES storm water permit or the basin
plan. The order shall be in writing, specify the
violation(s) and require appropriate compliance
measures within a specified time period.
(b) The compliance order may include
the following terms and requirements:
1. Specific steps and time
schedules for compliance as reasonably necessary to
eliminate an existing prohibited discharge or illegal
connection or to prevent the imminent threat of a
prohibited discharge;
2. Specific requirements for
containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant
having the potential to contact storm water runoff;
3. Installation of storm water
treatment devices, containment structures, wash racks
and addition and removal of storm water drains; and
4. Any other terms or
requirements reasonably calculated to prevent
imminent threat of or continuing violations of this
chapter, including, but not limited to, requirements for compliance with best management practices guidance
documents promulgated by any federal, state or
regional agency.
(2) The City Engineer, or his or her
designee, may adopt a proposed compliance schedule
submitted by the user or may adopt a revised
compliance schedule if, in his or her judgment, the
proposed compliance schedule would allow the user to
cause harm to the receiving waters and/or the city’s
storm drainage system.
(3) A compliance order shall require the
discharger to pay a $1,000 penalty fee to the city for
the issuance thereof.
(B) Stop work order.
(1) The City Engineer or Building Official
may serve a written stop work order on any person
engaged in doing, or causing to be done, new
construction, tenant improvements, alterations or
additions, if:
(a) No construction permit has been
granted by the city;
(b) Work has begun prior to the
submittal of a written storm water quality management
plan (“SWQMP”) and subsequent approval by the City
Engineer, or his or her designee; or
(c) Violations of this article are found
at the site of the new construction, tenant
improvements, alterations or additions.
(2) Any person served a stop work order
shall stop such work forthwith until written
authorization to continue is received from the City
Engineer or Building Official. A stop work order shall
require the discharger to pay a $1,000 penalty fee to
the city for the issuance thereof.
(C) Cease and desist order.
(1) When the City Engineer, or his or her
designee, finds that any industrial and/or commercial
discharger has violated or threatens to violate any
prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the basin
plan or NPDES storm water permit, the city may issue
a cease and desist order directing the discharger to:
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Storm Water Drainage System 217
(a) Immediately discontinue any illicit
connection or prohibited discharge to the city’s storm
water drainage system;
(b) Immediately contain or divert any
flow of water off the property, where the flow is
occurring in violation of any provision of this chapter; and
(c) Immediately discontinue any other
violation of this chapter.
(2) A cease and desist order shall require
the discharger to pay a $1,000 penalty fee to the city
for the issuance thereof.
(D) Termination of service. When the City
Engineer finds any industrial and/or commercial
discharger, who has a direct connection into the city’s storm water drainage system or has violated an
administrative order, the City Engineer may terminate
storm drain service to the discharger. The discharger
shall be liable for all costs for termination of storm
drain service incurred by the city. This provision is in addition to any other statues, rules or regulations
authorizing termination of service for delinquency
payment or for any other reasons. Storm drain service
shall be re-instituted by the City Engineer after the
discharger has complied with all the provisions of the
administrative order. The discharger shall also be
liable for all costs for re-instituting storm drain
service.
(E) Immediate termination of service.
(1) The City Engineer may immediately
suspend storm drain service and any non-storm water
discharge permit when such suspension is necessary,
in the opinion of the City Engineer, to stop an actual
or threatened discharge which presents or may present
an imminent or substantial endangerment to the health
or welfare of persons or the environment, or which
significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage
system of the city. Any industrial and/or commercial
discharger notified that their storm drain service has
been suspended shall immediately cease and eliminate
the discharge into the city storm water drainage
system.
(2) In the event of failure to comply
voluntarily with the termination of service order, the
City Engineer shall take appropriate steps, including
immediate severance of all applicable storm drain
connections. All persons responsible for a discharge
that may endanger the health or welfare of the
community or the environment shall be liable for all
costs incurred by the city in terminating storm drain
service. Storm drain service shall be re-instituted by
the City Engineer after the actual or threatened
discharge has been eliminated. A detailed written
statement, submitted by the industrial and/or
commercial discharger, describing the cause of the
harmful contribution and the measures to prevent any
future occurrence shall be submitted to the City
Engineer within ten working days of the date of storm
drain service termination.
§ 8.80.604 ADMINISTRATIVE HEARING.
(A) Any discharger may request, or the City
Engineer may order, an administrative hearing, at
which time, a discharger who causes or allows or who
has caused or allowed an unauthorized discharge to
enter into the city’s storm water drainage system, or
who continues to allow, a violation of this chapter to
exist may show cause why a proposed enforcement
action should not be taken against him or her. The
City Administrator, or the City Administrator’s
designee, shall preside over the administrative hearing, at which time each party, including the discharger and
the City Engineer, or his or her designee, shall have
the right to present evidence.
(B) A notice of hearing shall be served on the
discharger specifying the time and place of the hearing and referencing the specific violation and/or violations
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of this chapter, the reasons why the action is to be
taken and the proposed enforcement action, directing
the discharger to show cause before the hearing officer why the proposed enforcement action should not be
taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt
requested, at least ten working days prior to the
hearing. Service of the notice of hearing may be made
on any agent or officer of the discharger.
§ 8.80.605 ADMINISTRATIVE CIVIL
PENALTIES.
(A) Pursuant to Cal. Gov’t Code, §§ 54739 and
54740.5, the City Engineer may issue an
administrative complaint to any person who violates
this chapter, any prohibition or limitation thereof or
any compliance order, cease and desist order, stop
work order or injunction. The administrative
complaint shall allege the act or failure to act that
constitutes the violation, the proposed civil penalty and the authority under which it is imposed. The
administrative complaint, served on the alleged
violator by personal delivery or by certified mail, shall inform the person served that a hearing before the City Administrator, or the City Administrator’s designee,
shall be conducted within 60 days of the service of the complaint. The right to a hearing may be waived by
the person who has been issued the administrative
complaint, in which case the city shall not conduct a
hearing. A person dissatisfied with the decision of the City Administrator may appeal to the Mayor and
Common
City Council of the city within 30 days of
notice of the City Administrator’s decision.
(B) If, after the hearing or appeal, if any, it is
found that the person has violated reporting or
discharge requirements, the City Administrator or
Mayor and Common
City Council may assess a civil
penalty against that person. In determining the amount
of the civil penalty, the City Administrator or Mayor
and Common
City Council may take into consideration
all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the
economic benefit derived through any non-compliance,
the nature and persistence of the violation, the length of time over which the violation occurs and corrective
action, if any, attempted or taken by the discharger.
(C) Civil penalties may be assessed as follows:
(1) In an amount which shall not exceed
$3,000 for each day for faili ng or refusing to timely
comply with any compliance order established by the
city;
(2) In an amount which shall not exceed
$5,000 per violation for each day of discharge in
violation of any discharge limitation, areawide urban
runoff permit condition or requirement issued,
reissued or adopted by the city;
(3) In an amount which shall not exceed
$10 per gallon for discharges in violation of any stop
work order, cease and desist order or other orders, or
prohibition issued, reissued or adopted by the city; and (4) The amount of any civil penalties
imposed under this section which have remained
delinquent for a period of 60 days shall constitute a
lien against the real property of the discharger from
which the discharge originated resulting in the
imposition of the civil penalty.
(D) The lien provided herein shall have no force
and effect until recorded with the County Recorder
and when recorded shall have the force and effect and
priority of a judgment lien and continue for ten years
from the time of recording unless sooner released, and
shall be renewable in accordance with the provisions
of the Cal. Code of Civil Procedure, §§ 683.110 to
683.220, inclusive.
(E) All monies collected under this section shall
be deposited in a special account of the city and shall be made available for the monitoring, treatment and
control of discharges into the city’s storm drainage
system or for other mitigation measures.
(F) Unless appealed, an order imposing
administrative civil penalties shall become effective
and final upon issuance thereof, and payment shall
become due within 30 days of issuance of an invoice
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by the city. Copies of these orders shall be served by
personal service or by registered mail upon the party
served with the administrative complaint and upon
other persons who appeared at the hearing and
requested a copy.
(G) The city may, at its option, elect to petition
the Superior Court to confirm any order establishing
civil penalties and enter judgment in conformity
therewith in accordance with the provisions of the Cal.
Code of Civil Procedure, §§ 1285 to 1287.6,
inclusive.
§ 8.80.606 COMPENSATION FOR DAMAGES.
Any person who damages monitoring equipment;
has the potential to affect or affects human health or
the environment; discharges pollutants into the city’s
storm drainage system which causes, or has the
potential to cause, increased maintenance of the
system, non-routine inspection or sampling of the
system, system blockages or other damage or
interference in the city’s storm water drainage system, or causes any other damages, including the imposition
of fines or penalties on the city by federal, state or
local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and
penalties. An administrative fee, which shall be fixed
by the City Administrator based on the city’s current
overhead cost allocation percentage, shall be added to
these charges and shall be payable to the city within 30 calendar days of invoicing.
§ 8.80.607 APPEALS.
Any decision of the City Engineer may be
appealed. An appeal must be initiated within ten
working days after receipt of the notice of any decision or action by filing, with the City Engineer, a letter of appeal briefly stating therein the basis for such appeal.
The hearing on appeal shall be held on a date no more
than 15 working days after receipt of the letter of
appeal. The appellant shall be given at least five
working days notice of the time and place of the
hearing. The City Administrator, or the City
Administrator’s designee, shall provide the appellant
and any other interested party the reasonable
opportunity to be heard and in order to show cause
why the determination of City Engineer should not be
upheld. Within 45 working days of the hearing, the
City Administrator, or the City Administrator’s
designee, shall make a written decision regarding the
appeal. The decision of the City Administrator, or the
City Administrator’s designee, shall be final. The
imposition of fines or penalties shall be stayed during the appeal period.
§ 8.80.608 VIOLATIONS DEEMED A PUBLIC
NUISANCE.
In addition to the penalties established by this
chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Such
public nuisance may be summarily abated and/or
remedied by the City Engineer, and/or civil action to
abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney. The cost
of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall
continue in existence until the same shall be paid.
ARTICLE 7. JUDICIAL ENFORCEMENT
REMEDIES
§ 8.80.701 LEGAL ACTION.
The City Attorney may commence an action for
appropriate legal, equitable or injunctive relief in the Municipal or
Superior Court of the county against any
person who has violated or continues to violate any
provision of this chapter, the basin plan, federal or
state discharge standards or permit conditions, or who
violates the requirements of any administrative order.
In addition to the penalties provided in this chapter,
the City Engineer may recover all reasonable attorney
fees, court costs, court reporter’s fees, expenses of
litigation by appropriate suit of law against the
person(s) found to have violated any provision of this
chapter or the orders, rules, regulations and permits
issued thereunder and other expenses associated with
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San Bernardino - Health and Safety220
enforcement activities, including sampling and
monitoring expenses, and the cost of any actual
damages incurred by the city.
§ 8.80.702 CIVIL PENALTIES.
(A) Persons who continue to violate any
provision of this chapter shall be liable to the city for a maximum civil penalty of $25,000 but not less than
$3,000 per violation per day. In the case of a monthly
or other long-term average discharge limit, penalties
shall accrue for each day during the period of the
violation.
(B) In determining the amount of civil liability,
the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained
through the discharger’s violation, corrective actions
by the discharger, the compliance history of the
discharger and any factor as justice requires.
(C) Filing a suit for civil penalties shall not be a
bar against, or a prerequisite for taking any other
action against a discharger. The city may institute
further legal action to collect such penalties in the
event that the violator of this chapter fails or refuses to pay said penalty within 30 days from the date that it
has been assessed.
§ 8.80.703 CRIMINAL PROSECUTION.
Any person who willfully or negligently violates
any provision of this chapter or permit conditions, or
who violates any administrative order or any other
provision of this chapter is guilty of a misdemeanor,
which, upon conviction, is punishable by a fine of not
less than $3,000 and/or by imprisonment for a period
of not more than six months. Each such person shall
be deemed guilty of a separate offense for every day
during any portion of which any violation of any
provision of this chapter is committed, continued or
permitted by such discharger, and shall be punishable
therefor as provided by this section.
§ 8.80.704 FALSIFYING INFORMATION.
Any person who knowingly makes any false
statements, representations or certifications in any
application, record, report, plan or other
documentation filed, or required to be maintained,
pursuant to this chapter, storm water permit or order
issued hereunder, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or
method required under this chapter is guilty of a
misdemeanor, which, upon conviction, is punishable
by a fine of not less than $3,000 per day of violation
and/or by imprisonment for a period of not more than
six months.
ARTICLE 8. GENERAL CLAUSES
§ 8.80.801 SEVERABILITY.
If any provisions, paragraph, word, section or
article of this chapter is invalidated by any court of
competent jurisdiction, the remaining provisions,
paragraph, words, sections and other chapters shall not be affected and shall continue in full force and effect. § 8.80.802 CITY’S RIGHT OF REVISION.
The Mayor and Common
City Council may
establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the city’s storm water drainage system, if deemed
necessary.
(Ord. MC-731, passed 6-4-1990; Ord. MC-1167,
passed 3-2-2004; Ord. MC-1168, passed 3-8-2004)
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CHAPTER 8.81: SECURITY ALARM SYSTEMS
Section
8.81.010 Purpose
8.81.020 Definitions
8.81.030 Non-applicability
8.81.040 Alarm business registration
8.81.045 Alarm businesses installation and
transfer fees
8.81.050 Alarm agent registration required
8.81.060 Notification of change
8.81.070 Alarm system permit
8.81.080 Audible alarm requirements
8.81.090 Reserved
8.81.100 False alarm
8.81.110 Notice of name of service or
occupant
8.81.120 Monitoring services
8.81.130 Alarm agents - registration in
possession
8.81.140 Automatic dialing and taped
message alarm system
8.81.150 Grounds for revocation of permit
- notices, surrender of permit,
reinstatement
8.81.160 Enforcement
8.81.170 Fines
8.81.180 Permit not transferable
§ 8.81.010 PURPOSE.
The purpose of this chapter is to provide
minimum standards and regulations applicable to alarm
systems and to provide for punishment for violations
of the provisions of this chapter.
(Ord. MC-773, passed 3-12-1991)
§ 8.81.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ALARM AGENT. Any person who is
self-employed or employed either directly or indirectly by an alarm business whose duties include any of the
following: selling, maintaining, leasing, servicing,
repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises.
ALARM BUSINESS. Any person, firm or
corporation conducting or engaged in the business of
selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring
an alarm system in or on any building, place or
premises. A business which only sells or leases alarm
devices from a fixed location and does not service,
install, monitor or respond to alarm systems at the
protected premises or call upon police to do so is not
an ALARM BUSINESS for the purposes of this
chapter.
ALARM SYSTEM. Any device arranged to signal
the presence of a hazard requiring urgent attention and to which police are expected to respond.
ALARM USER. Any person who has an alarm
system installed at his or her place of business or
residence.
AUDIBLE ALARM. A device designed for the
detection of the unauthorized entry on or attempted
entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and
which, when actuated, generates an audible sound.
AUTOMATIC DIALING SYSTEM. Any device
which automatically sends over regular telephone
lines, by direct connection or otherwise, a prerecorded message indicating the existence of a hazard requiring
urgent attention and to which police are expected to
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San Bernardino - Health and Safety224
respond.
COMMON CAUSE. A common technical
difficulty or malfunction which causes an alarm system
to generate a series of false alarms, all of which occur within a 72-hour period. The series of false alarms
shall be counted as one false alarm only if the cause of the series of false alarms is repaired before it generates additional false alarms beyond the 72-hour period,
documentation of the repair is provided to the Police
Chief and during the 30-day period following the
repair, the alarm system generates no additional false
alarms from the documented cause.
FALSE ALARM. An alarm system signal which
necessitates or causes response by police when an
emergency does not exist. This does not include
alarms caused by acts of nature.
INTRUSION ALARM. An alarm system
signaling an entry or attempted entry into the area
protected by the systems.
PANIC ALARM. An alarm system by which the
signal transmission is initiated by the direct action of a person.
ROBBERY ALARM. An alarm system signaling
a robbery or attempted robbery.
SUBSCRIBER. Any person who purchases,
leases, contracts for or ot herwise obtains an alarm
system or for the servicing or maintenance of an alarm
system.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991;
Ord. MC-1037, passed 12-22-1998)
§ 8.81.030 NON-APPLICABILITY.
The provisions of this chapter are not applicable
to audible alarms affixed to automobiles unless the
vehicle alarm is connected to a central monitoring
system.
(Ord. MC-125, passed 1-7-1982; Ord. MC-773,
passed 3-12-1991)
§ 8.81.040 ALARM BUSINESS
REGISTRATION.
It is unlawful for any person, partnership,
corporation or firm to own, manage, conduct or carry
on an alarm business within the city without first
having registered with the Police Department.
Registration is not required for any business which
only sells or leases alarm systems from a fixed
location unless the business services, installs, monitors or responds to alarm systems at the protected
premises. Registration shall be accomplished by
furnishing such information as may be required by the
Police Department, including, but not limited to, the
full name of the business and a copy of its state issued license. The Police Department shall notify the alarm
business at the time of such registration that a city
business license is required.
(Ord. MC-125, passed 1-7-1982; Ord. MC-236,
passed 12-21-1982; Ord. MC-773, passed 3-12-1991)
§ 8.81.045 ALARM BUSINESSES
INSTALLATION AND TRANSFER FEES.
Alarm businesses shall notify the Police
Department of each new alarm system installed, or
when assuming monitoring services in the city.
(A) Alarm businesses shall pay a one-time fee for
each new alarm system, residential or commercial,
installed in the city.
(B) Alarm businesses shall pay a one-time fee for
each alarm monitoring service transfer, residential or
commercial, within the city.
(C) Fees will be charged at a rate set by
resolution of the Mayor and Common
City Council.
(Ord. MC-1166, passed 3-2-2004)
§ 8.81.050 ALARM AGENT REGISTRATION
REQUIRED.
It is unlawful for any person, including the
owners of an alarm business, to engage directly in the
selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing of an alarm
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Security Alarm Systems 225
system in or on any building, place or premises within
the city without first having registered his or her name and filed with the Police Chief a copy of the alarm
agent registration card issued by the state. Nothing in this section shall require a person to so register in
order to install, service, repair, alter, replace or move an alarm system on the premises owned or occupied
by that person. Nothing in this section shall require a person to register who is merely a salesperson for any
business not required to obtain an alarm business
permit under the provisions of § 8.81.040, if the
salesperson does not engage in any other activities
related to alarm systems apart from selling. No fee
shall be charged, nor shall any application form be
required by the city. The alarm agent shall be notified at the time of filing his or her state issued
identification card with the Police Department that a
city business license is required.
(Ord. MC-125, passed 1-7-1982; Ord. MC-236,
passed 12-21-1982)
§ 8.81.060 NOTIFICATION OF CHANGE.
Any alarm business registered with the Police
Department shall immediately report to the Police
Chief any change of address or ownership of the
business or the name or business address of the
manager of operations for the area which includes the
city.
(Ord. MC-125, passed 1-7-1982; Ord. MC-773,
passed 3-12-1991)
§ 8.81.070 ALARM SYSTEM PERMIT.
(A) No person shall install or use an alarm
system without first applying for an alarm system
permit from the Chief of Police, nor shall a person use an alarm system unless the alarm system permit
remains valid and in effect. The application for an
alarm system permit shall be submitted on a form as
prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be
located and the name, address and telephone number
of the applicant and the person or business who will
render service or repair during any hour of the day or
night, and the type or types of systems to be utilized. (B) Separate alarm permits shall be required as
follows.
(1) A single alarm system permit may be
granted to any single-family residence. The permit
may authorize intrusion, panic and/or robbery
coverage. The permit may include the primary
residence and any outbuildings (such as garages, sheds
or hobby shops) on the parcel that are not used for
commercial purposes. A separate permit must be
issued for any buildings on the property that are used
for commercial purposes. If the residence and the
outbuildings are on separate parcels, separate permits
are required for each parcel.
(2) A single alarm system permit may be
granted to any single unit of any multi-family
residential complex (such as an apartment, a
condominium or a mobile home). The permit may
authorize intrusion, panic and/or robbery coverage.
The permit may include the primary residential unit
and any outbuildings (such as stand-alone garages,
sheds or hobby shops) used exclusively by the
applicant that are not used for commercial purposes.
A separate permit must be issued for any outbuildings
that are used for commercial purposes. If the residence and the outbuildings are on separate parcels, separate
permits are required for each parcel.
(3) A single alarm system permit may be
authorized to any commercial business. The permit
may authorize intrusion, panic and/or robbery
coverage. The permit may authorize these types of
coverage for any structures used by the applicant on
the parcel. If a commercial business operates on more
than one land parcel, the business must have a separate permit for each parcel of land.
(4) If the commercial business is a mall,
strip mall or other commercial building complex, a
single permit may be used to provide coverage for any
vacant units, unless they are on separate parcels. If
located on separate parcels, separate permits are
required for each parcel. Each commercial unit rented,
leased or sold to another commercial business must be
covered by a separate permit.
(5) Each permit is subject to a registration
fee and annual fees. Each permit has its own false
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alarm count. All structures covered under one permit
use the same false alarm count.
(C) An annual permit fee will be charged at a
rate set by resolution of the Mayor and CommonCity
Council.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-460, passed 5-15-1985;
Ord. MC-773, passed 3-12-1991; Ord. MC-1037,
passed 12-22-1998)
§ 8.81.080 AUDIBLE ALARM
REQUIREMENTS.
(A) No person shall install or maintain any
audible alarm or other alarm system which upon
actuation emits a sound similar to sirens in use on
emergency vehicles or for civil defense purposes.
(B) An audible alarm shall contain a means to
effect an automatic turnoff of the alarm within 15
minutes after it is first activated.
(C) If an audible alarm has emitted an alarm
signal in excess of 30 minutes in any one-hour period,
and the alarm business or responsible person for the
protected premises has been notified and does not
respond, or reasonable efforts of notification have
been made to no avail, the alarm may be declared a
nuisance and the Police Department may cause such
alarm to be disconnected by a registered alarm agent,
the cost thereof to be charged payable by the alarm
user.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991)
§ 8.81.090 RESERVED.
[Reserved]
(Repealed by Ord. MC-1037, passed 12-22-1998)
§ 8.81.100 FALSE ALARM.
The city shall charge false alarm fees at a rate set
by resolution of the Mayor and Common
City Council.
Each permit has its own false alarm count. All
structures covered under one permit use the same false
alarm count.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991;
Ord. MC-1037, passed 12-22-1998)
§ 8.81.110 NOTICE OF NAME OF SERVICE
OR OCCUPANT.
(A) Every alarm user shall file with the Police
Department a notice containing the names and
telephone numbers of the persons to be notified to
render repairs or service and secure the premises
during any time the alarm is actuated. In addition,
such notice may be posted. If posted, such notice shall be placed near the front door of the premises or gate
if fenced, and this notice shall be posted in a position that is clearly visible.
(B) In the event that the responsible person for
the protected premises is requested by the Police
Department to respond to the premises to render
necessary service, such response and service shall be
accomplished promptly.
(C) Alarm users shall pay to the city reasonable
costs, as determined and assessed by the Police Chief
or Fire Chief, or his or her designee, respectively, for expenses incurred in securing premises where a
burglar alarm or fire alarm has been activated,
whether or not the activation is a false alarm. The
assessment shall be satisfied by the alarm user within
15 days after the alarm user has been notified of the
assessment and the grounds for the assessment. This
section shall apply only to instances where the alarm
user has failed to reasonably respond to notification
that an alarm has been activated on premises owned,
occupied or controlled by the alarm user. If the
expenses set forth in the assessment are not paid within 15 days, the alarm user may be placed on a no
response status. The alarm user will be notified by
first class mail of the no response status at the address on the alarm permit. An additional amount of 10% of
the amount of the expenses per month, not to exceed
100%, shall be added to the expenses until paid. This
assessment in this division (C) shall be instituted to
cover escalating costs incurred to pursue delinquent
assessments requiring extended enforcement action.
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(D) Where the Police Chief or Fire Chief, or his
or her designee, respectively, is required to cause the assessment of costs pursuant to the provisions of this
section, he or she shall keep an accounting of the costs thereof, including administrative expenses for the
abatement. The term ADMINISTRATIVE
EXPENSES includes, but is not limited to, the actual
expenses and costs of the city in the preparation of
notices, specifications and contracts, inspection of the work, office overhead, filing fees and the costs of
printing and mailings requi red under this chapter.
Upon conclusion of the assessment, he or she shall
submit his or her itemized statement of costs in a
report to the hearing officer and set the same for a
hearing before the hearing officer. Notice of the time
and place of the hearing and a copy of the report shall be given by the respective department to the alarm
permit holder to which the assessments relate, and to
any other interested person requesting the same, by
first class mail, postage prepaid, addressed to the
person at his or her last known address at least five
days in advance of the hearing. The hearing shall be
heard before the hearing officer in the Council
Chambers at City Hall, 300 North “D” Street, San
Bernardino, California, at such date and time as
provided by resolution.
(E) At the time set for hearing, the hearing
officer shall hear and consider all objections or protest to the assessment and may continue the hearing from
time to time. Upon the conclusion of the hearing, the
hearing officer shall allow or overrule any or all
objections. The decision of the hearing officer is final. (Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991;
Ord. MC-1037, passed 12-22-1998)
§ 8.81.120 MONITORING SERVICES.
Every alarm business which monitors an alarm
system located within the city shall maintain on file a current listing of all such alarm systems, including the alarm permit number and the name, address and
telephone number of the individual or individuals from
whom entry to the premises may be obtained. Said
information shall be available to the Police Department upon request of any authorized representative thereof.
The alarm permit number assigned to an alarm system
by the Police Department shall be given to the
police/fire dispatcher at the time an alarm is reported to the police/fire communications center by an alarm
company, a central monitoring station, a telephone
answering service or any other business that monitors
and reports alarms.
(Ord. MC-125, passed 1-7-1982; Ord. MC-773,
passed 3-12-1991; Ord. MC-1037, passed 12-22-1998)
§ 8.81.130 ALARM AGENTS -
REGISTRATION IN POSSESSION.
Every person engaged in installing, repairing,
servicing, altering, replacing, moving or removing an
alarm system or an audible alarm system, as defined in
this chapter, on any premises within the city, other
than those owned or occupied by said person, shall
carry on his or her person, at all times, while so
engaged a valid state alarm agent registration card and shall display such card to any police officer upon
request.
(Ord. MC-125, passed 1-7-1982)
§ 8.81.140 AUTOMATIC DIALING AND
TAPED MESSAGE ALARM SYSTEM.
It is unlawful for any person to install, use or
cause to be used any telephonic device which is
activated to automatically select a public telephone line of the city to reproduce a prerecorded message to
report anything requiring urgent attention and to which police are expected to respond.
(Ord. MC-125, passed 1-7-1982; Ord. MC-460,
passed 5-15-1985; Ord. MC-773, passed 3-12-1991)
§ 8.81.150 GROUNDS FOR REVOCATION OF
PERMIT - NOTICES, SURRENDER OF
PERMIT, REINSTATEMENT.
(A) The following shall constitute grounds for
revocation of permit:
(1) The failure to observe any of the
regulations or other provisions of this chapter;
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(2) If the alarm system for which the permit
is issued emits ten or more false alarms within any
consecutive 365-day period;
(3) If the responsible person for a protected
premises refuses to respond promptly when requested
by the Police Department;
(4) The permittee, his or her employee or
agent has knowingly made a false, misleading or
fraudulent statement of a material fact in the
application for a permit, or in any report or record
required to be filed as prescribed by the provisions of this chapter; and
(5) If the fees established by this section are
not paid within 15 days from the date of the invoice
rendered for such fee.
(B) The Police Chief shall serve the permittee
with a written order of revocation. The order shall
state the reason for revocation and shall be effective
immediately if personally served, or 48 hours after it
is deposited, certified mail, return receipt requested, with postage prepaid in the United States mail.
(C) The permittee shall surrender the permit to
the Police Chief upon notification of revocation. Any
alarm system shall be forthwith disconnected and cease
operating, and shall not be put into operation until a
new permit is issued.
(D) Reinstatement of revoked permit may be
granted after compliance with one of the following.
(1) Full correction of the deficiencies in the
alarm system, that correc tion documented in writing
and submitted to the Chief of Police showing that:
(a) Mechanical malfunctions have been
corrected, proof being from the alarm business;
(b) User errors have been corrected,
proof being from the alarm user; or
(c) Installation of a new alarm by a
different alarm business, proof being from the new
alarm business.
(2) In the case where the correction is made
as set forth in divisions (D)(1)(a) or (D)(1)(b) above, the Chief of Police will order a technical inspection by a qualified person to determine whether the
deficiencies have been corrected, in which event a
$100 inspection fee shall be paid prior to the grant of a new permit at that location.
(3) A formal appeal of the order of
revocation may be made within 15 days of the date of
revocation by filing a notice of appeal with the office of the City Administrator, City Hall, 300 No. “D”
Street, sixth floor, San Bernardino, California, 92401.
The City Administrator shall render a decision on the
appeal within ten days following receipt of the appeal, with notice to the appellant and Police Chief. The City Administrator’s decision on the revocation shall be
final and non-appealable.
(E) Upon reinstatement, a new alarm system
permit shall be issued as set forth in § 8.81.070.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991)
§ 8.81.160 ENFORCEMENT.
(A) Any person, firm or corporation violating
any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
Revocation of a permit is not a defense against
prosecution.
(B) The Police Chief shall have the authority to
institute an immediate no response policy for violation of any portion of the ordinance incorporated in this
chapter. Such no response policy will be taken only
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Security Alarm Systems 229
after written notice has been given to the alarm user.
(Ord. MC-125, passed 1-7-1982; Ord. MC-201,
passed 8-17-1982; Ord. MC-773, passed 3-12-1991)
§ 8.81.170 FINES.
The fines assessed in this chapter shall be made
payable to the city. The Department of Finance and
Management Services shall be responsible for account
maintenance and collection.
(Ord. MC-773, passed 3-12-1991; Ord. MC-1625,
passed 2-21-2024)
§ 8.81.180 PERMIT NOT TRANSFERABLE.
No alarm permit issued under the provisions of
this chapter shall be assignable or transferable.
(Ord. MC-773, passed 3-12-1991)
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CHAPTER 8.82: ESTABLISHMENT OF EXTRAORDINARY LAW ENFORCEMENT SERVICES Section
8.82.010 Purpose
8.82.020 Definitions
8.82.030 Reimbursement of costs for
scheduled events
8.82.040 Extraordinary fees
8.82.050 Unscheduled events
8.82.060 Appeal
§ 8.82.010 PURPOSE.
(A) It is the intent of the City Council, by the
adoption of this chapter, to impose on and collect from the person(s) in charge of or responsible for an event
that generates extraordinary cost to the city over and
above the cost of providing normal law enforcement
services and police protection citywide. The event for
which charges are imposed are those voluntarily
elected by the person(s) responsible for the services,
or his or her parent, guardian or the person having
custody of a minor. The purpose of this chapter is to
recover the actual cost to the city incurred by
providing these police services. The City Council
believes it is necessary that persons voluntarily
incurring special and extraordinary police services pay to the city the reasonable cost of providing such
services.
(B) This chapter is not intended to apply, and
shall not apply, to events of a political or religious
nature, or any event involving speech protected by the
First Amendment of the U.S. Constitution or by the
California Constitution.
(Ord. MC-772, passed 3-12-1991; Ord. MC-1248,
passed 6-18-2007)
§ 8.82.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
EVENT. A gathering of two or more persons on
a premises within the city at the invitation, request or consent of the person in charge or control of the
premises.
EXTRAORDINARY LAW ENFORCEMENT
SERVICES. Those necessarily and reasonably
incurred by the city in the protection of the public
health, safety and welfare and in the protection of
property which said services are in addition to police
services the city would normally provide without a
special charge and which have arisen because of
activities or events.
NUISANCE. Includes both public and private
NUISANCES defined in the California Civil Code.
PERSON IN CHARGE. The owner, manager or
occupant in charge of or in control of the premises at
which an event is occurring. If the PERSON IN
CHARGE is a minor, his or her parents or legal
guardian is presumed to be the PERSON IN
CHARGE.
PREMISES. A building and surroundings or any
open area within the city.
SCHEDULED EVENT. An event where the
person scheduling the same has determined that
because of its nature, extraordinary police services
will be necessary over and above that normally
provided by the city for the protection of the public
health safety and welfare. An event is SCHEDULED
when written notice thereof setting forth the time,
place and nature of the event has been filed with the
Chief of Police.
231
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San Bernardino - Health and Safety232
UNSCHEDULED EVENT. One requiring
extraordinary police services over and above those
normally provided for the protection of the public
health, safety and welfare and which has occurred
without advance notice to the city. UNSCHEDULED
EVENTS include, but are not limited to, loud and
boisterous conduct, noises and activities; disturbing the peace; a congregation of two or more persons in
intoxicated conditions or under the influence of drugs
or alcohol; fighting; use of obscene or inflammatory
language; loud music constituting a nuisance or
disturbing the peace; activities causing excessive
pedestrian or vehicular traffic and parking problems
and congestion; vehicular racing and cruising; events
occurring after 11:00 p.m. to 6:00 a.m. of the
following day; use and display of narcotics, illegal
drugs and controlled substances and paraphernalia for
its use; the congregation of two or more persons using
illegal drugs, narcotics or controlled substances; or
congregating in a noisy or rowdy crowd, indecent
exposure and lewd conduct.
(Ord. MC-772, passed 3-12-1991)
§ 8.82.030 REIMBURSEMENT OF COSTS
FOR SCHEDULED EVENTS.
(A) Any person planning a scheduled event
where extraordinary law enforcement services may be
required shall register the event in advance with the
Chief of Police at least five working days before the
occurrence of the event.
(B) The registration shall be in writing and shall
include the following information:
(1) The name, address and phone number of
the person in charge and who will be available at all
times during the event;
(2) The place and time the event will occur;
and
(3) The nature of the event and the number
of requested police officers or other law enforcement
services.
(Ord. MC-772, passed 3-12-1991)
§ 8.82.040 EXTRAORDINARY FEES.
(A) The Chief of Police shall review the
registration and set forth the conditions necessary for providing police protection during said event. If the
Chief of Police determines that the police services
necessary are extraordinary, he or she, or his or her
designate, shall determine the cost of said
extraordinary services and advise the person planning
the event prior to the commencement of said event of
the nature and extent of law enforcement services to be provided and the cost thereof.
(B) Upon receipt of said written notification, the
person in charge of said event may:
(1) Accept said charges and pay the same in
advance of the event. In such an event, said person
shall not be charged for any extraordinary law
enforcement services in excess of the amount paid
even though the actual cost of said services exceed the amount paid;
(2) Decide to schedule the event but contest
the cost of providing the extraordinary services. In that event, the actual cost of providing law enforcement
services to the extraordinary event shall be determined upon its completion and a bill sent to the person in
charge;
(3) Elect to provide private security for the
event in the manner directed by the Chief of Police to
include the number of security officers and
qualifications/capabilities of the security officers; and (4) Elect not to schedule the event and
notify the Chief of Police or appropriate area
commander in person or by mail, no later than 24
hours prior to the scheduled event.
(Ord. MC-772, passed 3-12-1991)
§ 8.82.050 UNSCHEDULED EVENTS.
(A) Except as provided herein below, if an
unscheduled event occurs and a law enforcement
officer investigating the matter determines that the
same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer
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Establishment of Extraordinary Law Enforcement Services 233 may, in addition to any other duty or responsibility
imposed upon him or her by law, give written warning
notice to the person in charge of the premises that if a second response is necessary because of a continuation
of any objectionable activity that the person in charge will be held liable to the city for the cost of all
subsequent law enforcement services necessary to
abate the disturbance or other activity giving rise to
law enforcement services over and above the normal
services expended in connection with the first call.
(B) If an unscheduled event occurs and a law
enforcement officer investigating the matter determines that the same is a threat to the public peace, health,
safety or general welfare or constitutes a nuisance of
an immediate nature such that a written warning is not
feasible, a written warning shall not be required and
the person in charge will be held liable to the city for the cost of all law enforcement services necessary to
abate the disturbance or other activity giving rise to
law enforcement services over and above the normal
services expended in connection with the call.
(C) (1) The personnel and equipment of the law
enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect the public peace, health, safety or general welfare
shall be deemed to be extraordinary law enforcement
services over and above the normal services provided
citywide and the cost of said extraordinary law
enforcement services, including damage to city or law
enforcement property, shall be billed to and is the
legal responsibility of the person in charge. In the
event a written warning is not feasible, then personnel and equipment of the law enforcement agency called
in, including, but not limited to, mutual aid agencies, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be
deemed to be extraordinary law enforcement services
over and above the normal services provided citywide
and the cost of said extraordinary law enforcement
services, including damage to city or law enforcement
property, shall be billed to and is the legal
responsibility of the person in charge.
(2) In the event that any provision of this
chapter, or any part thereof, or any application thereof to any person or circumstances, is for any reason held
to be unconstitutional or otherwise invalid or
ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the
validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied
to any other person or circumstance. It is declared to
be the legislative intent of the city that this chapter would have been adopted had such unconstitutional,
invalid or ineffective provision not been included
herein.
(Ord. MC-772, passed 3-12-1991; Ord. MC-1223,
passed 4-18-2006)
§ 8.82.060 APPEAL.
Any individual aggrieved by the decision of the
Chief of Police may, within five working days of the
receipt of said written bill, request a review of the
matter before the City Administrator who shall, along
with a representative of the law enforcement agency,
review the necessity of the services and the cost
thereof with the individual appealing the determination of said costs. The City Administrator may, in his or
her discretion, determine that the cost of said charges in all fairness and the administration of justice should be reduced or terminated based upon reasonable
evidence warranting the same. Any individual
aggrieved by the decision of the City Administrator
may appeal that decision in writing to the City Council by written notice filed with the City Clerk within five working days of the decision of the City
Administrator. Unless appealed, the decision of the
City Administrator is final. In the event of
non-payment, the City Attorney is authorized and
directed to bring all necessary legal actions to collect the costs of said services.
(Ord. MC-772, passed 3-12-1991)
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CHAPTER 8.83: SOCIAL HOST ACCOUNTABILITY
Section
8.83.010 Definitions
8.83.020 Consumption unlawful
8.83.030 Hosting, permitting or allowing a
gathering where minors
consuming alcoholic beverages,
marijuana and other controlled
substances prohibited
8.83.040 Chapter shall not apply
8.83.050 Violation - penalty
8.83.060 Severability
§ 8.83.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ALCOHOL. Any ethyl alcohol, hydrated oxide of
ethyl or spirits of wine, from whatever source or by
whatever process produced.
ALCOHOLIC BEVERAGE. Includes alcohols,
spirits, liquor, wine, beer and every liquid or solid
containing alcohol, spirits, wine or beer, and which
contains 0.5% or more of alcohol by volume and
which is fit for beverage purposes wither alone or
when diluted, mixed or combined with other
substances.
CONTROLLED SUBSTANCES. A drug or
substance whose possession and use are regulated
under the Controlled Substance Abuse Act, being Cal.
Health and Safety Code, Division 10, commencing
with § 11000. Such term does not include any drug or
substance for which the individual found to have
consumed such a substance has a valid prescription by
a licensed medical practitioner authorized to issue such a prescription.
EXTRAORDINARY LAW ENFORCEMENT
FEE. The actual cost associated with response by law
enforcement, fire and other emergency response
provider to a gathering, including, but not limited to:
(1) Actual salaries and benefits of law
enforcement, fire or other emergency response
personnel for the amount of time spent responding to,
remaining at or otherwise dealing with a gathering,
and the administrative costs attributable to such
response;
(2) The actual cost of any medical treatment
for any law enforcement, fire or other emergency
response personnel injured responding to, remaining at
or leaving the scene of the gathering;
(3) The actual cost of repairing any city
equipment or property damaged, and the actual costs
of the use of any such equipment, in responding to,
remaining at or leaving the scene of a gathering; and
(4) Any other allowable and reasonable
costs related to the enforcement of this chapter.
EXTRAORDINARY LAW ENFORCEMENT
SERVICES. The assignment of police officers and
services during a second or subsequent call to a
gathering after the distribution of a written notice that the gathering violates the law, or a first response if it is determined pursuant to Chapter 8.82 that notice is
infeasible.
235
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San Bernardino - Health and Safety236
GATHERING. A party, gathering or event where
a group of three or more persons have assembled or
are assembling for a social occasion or social activity.
GUARDIAN.
(1) A person who, under court order, is the
guardian of a minor; or
(2) A public or private agency with whom
a minor has been placed by the court.
MINOR. Any person under the age of 21 years of
age.
PARENT. A person who is the natural parent,
adopted parent or step-parent of a minor.
PERSON RESPONSIBLE. The person that
knows or should reasonably know that the subject
premises are being used to host, allow or permit a
gathering. Such person(s) shall rebuttably be presumed
to be, in order of priority:
(1) The owner(s) of the premises where the
gathering takes place;
(2) The tenant(s) of the premises where the
gathering takes place;
(3) The person(s) who hosted, permitted or
allowed the gathering; and/or
(4) In the event that the person responsible
is a minor, then the parent(s) or guardian(s) of that
minor.
PUBLIC PLACE. Any place to which the public
or a substantial group of the public has access and
includes, but is not limited to, streets, highways and
common areas of schools, hospitals, apartment houses,
office buildings, transport facilities and shops.
(Ord. MC-1361, passed 8-2-2011)
§ 8.83.020 CONSUMPTION UNLAWFUL.
Except as permitted by state law, it is unlawful
for any minor to:
(A) Consume, at any public place or any places
open to the public, any alcoholic beverage, marijuana
or controlled substance; or
(B) Consume, at any place not open to the
public, any alcoholic beverage, unless in connection
with the consumption of an alcoholic beverage that
minor is being supervised by his or her parent or legal guardian.
(Ord. MC-1361, passed 8-2-2011)
§ 8.83.030 HOSTING, PERMITTING OR
ALLOWING A GATHERING WHERE
MINORS CONSUMING ALCOHOLIC
BEVERAGES, MARIJUANA AND OTHER
CONTROLLED SUBSTANCES PROHIBITED.
(A) Except as permitted by state law, it is
unlawful for any person, having control of any
premises, who knows, or should reasonably know, that
he or she has hosted, permitted or allowed a gathering
to take place at said premises, where at least one
minor consumes an alcoholic beverage, marijuana or
other controlled substance whenever the person having
control of the premises wither knows or reasonably
should have known when a minor has consumed an
alcoholic beverage, marijuana or other controlled
substance to allow said consumption to occur.
(B) (1) It is the duty of any person having
control of any premises, who knows, or should know,
that he or she has hosted, permitted or allowed a
gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages,
marijuana or other controlled substance by any minor
at the gathering.
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(2) Reasonable steps include, but are not
limited to, the following:
(a) Controlling access to alcoholic
beverages, marijuana and other controlled substances
at the gathering;
(b) Controlling the quantity of
alcoholic beverages, marijuana and other controlled
substances at the gathering;
(c) Verifying the age of persons
attending the gathering by inspecting drivers licenses
or other government issued identification cards to
ensure minors do not consume alcoholic beverages,
marijuana or other controlled substances while at the
gathering; and
(d) Supervising the activities of minors
at the gathering.
(C) Whenever a person having control of a
premises is present at the premises at the time that a
minor possesses or consumes any alcoholic beverages,
marijuana or other controlled substance therein, it
shall be prima facie evidence that such person had or
should have had the knowledge specified in division
(A) above.
(D) A person who hosts, permits or allows a
gathering shall be deemed to have actual or
constructive knowledge that a minor has consumed or
possessed alcoholic beverages, marijuana or other
controlled substances if the person has not taken all
reasonable steps to prevent the consumption or
possession of alcoholic beverages, marijuana or other
controlled substances by minors as set out in division
(B) above.
(E) A person who hosts, permits or allows a
gathering may be liable for extraordinary law
enforcement fee if extrao rdinary law enforcement
services are necessary to handle the gathering.
(F) A person who hosts, permits or allows a
gathering shall not be in violation of this chapter if he or she seeks immediate assistance from the San
BernardinoCity Police Department or other law
enforcement agency to remove any person who refuses
to abide by the hosts’ performance of the duties
imposed by this chapter or terminate the gathering
because the host has been unable to prevent minors
from consuming or possession alcoholic beverages,
marijuana or other controlled substance despite taking
all reasonable steps to do so, as long as such request is made before any other person makes a complaint about
the gathering.
(Ord. MC-1361, passed 8-2-2011)
§ 8.83.040 CHAPTER SHALL NOT APPLY.
(A) This chapter shall not apply to any location
or place regulated by the State Department of Alcohol
and Beverage Control.
(B) Violation of this chapter may be enforced or
punished in any manner prescribed by law, or through
any other process or procedure followed by this code
or any other applicable law.
(Ord. MC-1361, passed 8-2-2011)
§ 8.83.050 VIOLATION - PENALTY.
(A) Any person violating any provision of this
chapter is guilty of a misdemeanor which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) Except as permitted by state law, it is
unlawful for any person having control of any
premises who knows or should reasonably know that
he or she has hosted, permitted or allowed a gathering
to take place at said premises, where at least one
minor consumes an alcoholic beverage, marijuana or
other controlled substance whenever the person having
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San Bernardino - Health and Safety238
control of the premises wither knows, or reasonably
should have known, when a minor has consumed an
alcoholic beverage, marijuana or other controlled
substance to allow said consumption to occur.
(Ord. MC-1361, passed 8-2-2011)
§ 8.83.060 SEVERABILITY.
The provisions of this chapter are severable, and
if any sentence, section or other part of this chapter
should be found invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions
shall continue in full force and effect.
(Ord. MC-1361, passed 8-2-2011)
Packet Page. 949
CHAPTER 8.84: CASTOR BEAN PLANTS
Section
8.84.010 Destruction and removal - notice
to owner
8.84.020 Failure to remove an infraction
§ 8.84.010 DESTRUCTION AND REMOVAL -
NOTICE TO OWNER.
Whenever it comes to the attention of the health
officer, or other designated officer, that a castor bean (Ricinus communis) plant is growing upon any lot or
premises in the city in such a manner as to cause a
nuisance or menace to health, he or she shall order
such castor bean (Ricinus communis) plant destroyed
and removed. Notice of the order shall be in writing
addressed to the owner or occupant thereof and shall
set forth the time within which the destruction and
removal shall be completed.
(Ord. 2417, passed 2-14-1962; Ord. 821, passed
8-9-2021)
§ 8.84.020 FAILURE TO REMOVE AN
INFRACTION.
It is unlawful for any person to knowingly fail,
refuse or neglect to destroy and remove such castor
bean (Ricinus communis) plant when so ordered by the
health officer in the manner specified in § 8.84.010.
Such failure, refusal or neglect constitutes an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 2417, passed 2-14-1962; Ord. MC-460, passed
5-15-1985; Ord. 821, passed 8-9-2021)
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San Bernardino - Health and Safety240
Packet Page. 951
CHAPTER 8.87: RAILROAD COMPANIES
Section
8.87.010 Maintenance of tracks -
responsibility
8.87.020 Compliance with section
8.87.010 - violation and penalty
8.87.030 Unlawful to blow whistle or horn
except as danger signal
8.87.040 Smoke emission standards
8.87.050 Reserved
8.87.060 Violation of sections 8.87.030
through 8.87.060 - penalty
§ 8.87.010 MAINTENANCE OF TRACKS -
RESPONSIBILITY.
It shall be the duty of any person or company
owning, operating or having any railroad or street car
line within the corporate limits of the city to so keep and maintain the tracks of all such roads so that the
rails thereon shall be even and flush with the surface
of the pavement or street on each side of and between
the rails, so that the same shall present the least
possible obstruction to the face use and enjoyment of
such streets by the public.
(Ord. 106, passed 1-26-1892)
§ 8.87.020 COMPLIANCE WITH SECTION
8.87.010 - VIOLATION AND PENALTY.
It is the duty of the City Director of Public
Services to see that the provisions of § 8.87.010 are
complied with, and he or she shall notify all persons or companies who own, operate or have any such
railroads or street car lines within the corporate limits of the city, and where tracks or rails are not kept even and flush with the surface of the pavement or street
along the line of such tracks, to place the same in such condition within 30 days from such notice and every
person who suffers or maintains any track or road bed,
had or used for the purpose of operating such roads, or suffers or permits any rails, ties, track or road bed,
whether used or not, to be and remain above or below
the surface of any such pavement or street, so as to
prevent the full use and enjoyment thereof, after said
time, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 106, passed 1-26-1892; Ord. MC-344, passed
2-22-1984; Ord. MC-460, passed 5-15-1985)
§ 8.87.030 UNLAWFUL TO BLOW WHISTLE
OR HORN EXCEPT AS DANGER SIGNAL.
It is unlawful for any person to blow, or cause to
be blown, any whistle or horn on any locomotive or
engine used on any railroad track within the city
except as a danger signal to avoid an impending
accident.
(Ord. 1785, passed 4-8-1947)
§ 8.87.040 SMOKE EMISSION STANDARDS.
It is unlawful for any person or company to
operate a locomotive or engine within the city limits in such a manner that the smoke emitted from such
engine or locomotive exceeds or is greater in density
than number one, as fixed and determined by
Ringlemann’s Scale for Grading Density of Smoke.
(Ord. 1785, passed 4-8-1947)
§ 8.87.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-402, passed 8-21-1984)
241
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San Bernardino - Health and Safety242
§ 8.87.060 VIOLATION OF SECTIONS
8.87.030 THROUGH 8.87.060 - PENALTY.
Any person, firm or corporation violating any
provision of §§ 8.87.030 through 8.87.040 is guilty of
an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 1785, passed 4-8-1947; Ord. MC-460, passed
5-15-1985)
Packet Page. 953
CHAPTER 8.90: MOBILE HOME RENTS
Section
8.90.010 Title
8.90.020 Statement of purpose
8.90.030 Application
8.90.040 Definitions
8.90.050 Exemptions from coverage
8.90.060 Registration
8.90.080 Space rent ceiling or maximum
allowable space
8.90.090 Space rent ceiling adjustment -
initial adjustment
8.90.100 Space rent ceiling adjustment -
annual adjustment
8.90.105 Required certification on rental
adjustment notice
8.90.110 Powers and duties of the City
Manager
8.90.120 Petition by tenant
8.90.130 Petition by landlord
8.90.140 Conduct of proceedings
8.90.150 Priorities
8.90.160 Rent adjustment regulations
8.90.170 Net operating income
8.90.180 Gross income
8.90.190 Allowable operating expenses
8.90.200 Operating expenses not allowable
8.90.210 Presumption of fair base year net
operating income
8.90.220 Rebutting the presumption
8.90.230 Determination of base year net
operating income
8.90.240 Determination of current year net
operating income
8.90.250 Schedule of increases in
operating expenses
8.90.260 Allowable rent adjustments
8.90.270 Discretionary considerations
8.90.280 Limit on increases pending
hearing or litigation
8.90.290 Rent adjustments for reduction in
services
8.90.300 Quantum of proof and burden of
proof
8.90.310 Hearing officer decision final
8.90.320 Judicial review
8.90.330 Termination of tenancy
8.90.340 Remedies for violation
8.90.350 Periodic review of chapter
8.90.360 Chapter to be liberally construed
8.90.370 Reserved
8.90.380 Reserved
8.90.390 Reserved
8.90.400 Reserved
8.90.410 Reserved
8.90.420 Reserved
8.90.430 Reserved
§ 8.90.010 TITLE.
This chapter may be cited as the “Mobile Home
Park Rent Stabilization Ordinance” of the city.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.020 STATEMENT OF PURPOSE.
(A) (1) Mobile home owners have a substantial
investment in their residences and appurtenances for
which space is rented or leased. Alternate sites for
relocation of mobile homes are difficult to find due to the shortage of vacant spaces; the restrictions of age, size or style of mobile homes permitted in many parks;
and related to the installation of mobile homes,
including permits, landscaping and site preparation.
Additionally, the cost of moving a mobile home is
substantial, and the risk of damage in moving is
significant.
(2) The result of these conditions is the
243
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San Bernardino - Health and Safety244
creation of a captive market of mobile home owners
and tenants. This immobility, in turn, contributes to
the creation of a great imbalance in the bargaining
relationship between park owners and mobile home
park tenants in favor of the park owners.
(B) Because mobile homes are often occupied by
senior citizens, persons on fixed income and persons
of low- or moderate-income, exorbitant rent
adjustments fall upon these individuals with particular harshness. The continuing possibility of unreasonable
space rental adjustments in mobile home parks
threatens to diminish the value of the investment of the mobile home owners. Further, existing state law
permits mobile home park owners to require mobile
home owners to make modifications to their homes for
reasons of aesthetics or conformity to park standards
that amount to capital improvements which would
accrue to the benefit of the park owner by potentially
increasing the market value of the park itself.
(C) This Council finds and declares it necessary
to facilitate and encourage fair bargaining between
mobile home owners and park owners in order to
achieve mutually satisfactory agreements regarding
space rental rates in mobile home parks. Absent such
agreements, this Council further finds and declares it
necessary to protect the owners and residents of
mobile homes from unreasonable space rental
adjustments while simultaneously recognizing and
providing for the need of park owners to receive a just and reasonable return on their property.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.030 APPLICATION.
The provisions of this chapter shall apply to all
mobile home residential rental spaces located within
the city except if otherwise exempt from the provisions of this title, as such exemptions are provided for
hereinafter. Nothing in this chapter shall be deemed to supersede any provision of Cal. Civil Code, §§ 798 et
seq.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.040 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CITY MANAGER. The City Manager, or his or
her designee.
CONSUMER PRICE INDEX or C.P.I. The
Index known as the “Consumer Price Index for all
Urban Wage Consumers: for the Los Angeles - Long
Beach - Anaheim Area,” (base year, 1967), and if
published, “for the San Bernardino - Riverside -
Ontario Area” for the year 1984, and thereafter. These
documents are published by the United States
Department of Labor Bureau of Labor Statistics.
HEARING OFFICER. An individual appointed
by the Mayor and City Council to hear matters on
which testimony may be taken.
LANDLORD. Any owner, lessor, operator or
manager of a mobile home park.
MOBILE HOME. A structure designed for
human habitation and for being moved on a street or
highway under permit pursuant to the Cal. Vehicle
Code, § 35790. MOBILE HOME does not include
recreational vehicle, as defined in the Cal. Civil Code, § 799.29, or a commercial modular, as defined in the
Cal. Health and Safety Code, § 18218.
MOBILE HOME OWNER or RESIDENT. Any
person entitled to occupy a mobile home dwelling
space pursuant to ownership thereof or a rental or
lease agreement with the owner thereof.
MOBILE HOME PARK OWNER or PARK
OWNER. The owner, lessor, operator, manager or
designated agent thereof of a mobile home park;
sometimes referred to as OWNER.
MOBILE HOME SPACE or SPACE. The site
within a mobile home park intended, designed or used
for the location or accommodation of a mobile home
and any accessory structures or appurtenances attached
thereto or used in conjunction therewith.
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Mobile Home Rents 245
RENT. The consideration, including any bonus,
benefit or gratuity, demanded or received by a
landlord for the use and occupancy, including services
and amenities, of a residential rental space.
RENT ADJUSTMENTS. Any rent increase or
decrease demanded of or paid by a tenant, including
any reduction in housing services without a
corresponding reduction in the monies demanded or
paid for rent.
RENTAL AGREEMENT. An agreement between
a mobile home park owner and tenant establishing the
terms and conditions of a tenancy in a mobile home
park. A lease is a RENTAL AGREEMENT.
RESIDENTIAL RENTAL SPACE. Any mobile
home space occupied by any person other than the
owner of the park for payment of rent pursuant to an
oral or written lease, or other form of rental
agreement.
SPACE RENT.
(1) Means the consideration, including any
bonuses, benefits or gratuities demanded or received
for and in connection with the use or occupancy of a
mobile home space within a mobile home park, or for
housing services provided and security deposits, but
exclusive of any amounts paid for the use of the
mobile home as a dwelling unit. The use or occupancy
of a mobile home space shall include the exercise of
all rights and privileges and the use of facilities,
services and amenities accruing to the residents
thereof.
(2) SPACE RENT shall not include any
separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable
television, garbage or refuse service and sewer
service.
TENANCY. The right of a tenant to the use of a
mobile home site within a mobile home park on which
to locate, maintain and occupy a mobile home, site
improvements and accessory structures; for human
habitation, including the use of the services and
facilities of the mobile home park.
TENANT. Any person entitled to or proposing to
occupy such mobile home space pursuant to an oral or
written lease with the owner thereof, or pursuant to
some other rental agreement with the owner, lessor,
operator or manager thereof.
VACANCY. The condition deemed to have
occurred upon the removal of any mobile home from
a mobile home park.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.050 EXEMPTIONS FROM COVERAGE.
The provisions of this chapter shall not apply to
the following.
(A) New space or first time space exemption.
Space rent or space rent adjustments for new mobile
home spaces first rented after the effective date of this chapter shall be exempt from the provisions of the
chapter to the extent that those rents would have been
controlled had the spaces been previously occupied.
There shall be no prospective exemption in such
circumstances, however, as to rents that may be
adjusted annually under this chapter after a space is
first rented. In such cases, the base date for purposes of determining permissible future rent adjustments
shall be the date of first rental or conveyance.
(B) Vacancies.
(1) If the mobile home space is voluntarily
vacated by the tenant, or vacated pursuant to Cal.
Civil Code, § 798.56, the landlord may adjust the
rental rate to any amount as provided in division (A)
above.
(2) If the mobile home is sold and is to
remain on-site, the landlord may increase the rental
rate for the new resident by an amount not to exceed
10% of the then existing rent. Any rent increase
pursuant to this division (B)(2) shall be implemented
at the time the new resident first occupies the space
and/or first enters into a rental agreement with the
landlord.
(3) The implementation of any rent increase
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San Bernardino - Health and Safety246
allowed under this division (B) shall not change the
anniversary date for the annual permissive inflationary adjustment to rent allowed under § 8.90.100(A).
(4) A vacancy is voluntary if the tenant
voluntarily and without coercion by the landlord
vacates the rental space or if the tenant dies and there is no surviving cohabitant.
(5) Where the rent is increased pursuant to
this division (B), the landlord shall, at the time the rent increase is implemented, provide the new tenant with
written notice of the previous base rent for the space, the new base rent for the space in both dollar and
percentage terms and the anniversary date for the
space for purposes of the annual permissive
inflationary adjustment to rent allowed under
§ 8.90.100(A).
(6) The rent increases allowed under this
division (B) shall be in addition to any other rent
increases authorized by this chapter, including, but not limited to, the annual permissive inflationary
adjustment to rent allowed under § 8.90.100(A).
(7) Notwithstanding anything herein to the
contrary, nothing in this chapter shall preclude any
landlord from implementing any rent increases that are
exempt under the provisions of the California Mobile
HomeMobilehome Residency Law, including any rent
increases that are exempt under Cal. Civil Code,
§§ 798.17, 798.41 and/or 798.49.
(Ord. MC-1432, passed 11-23-2016; Ord. MC-1481,
passed 4-14-2018)
Statutory reference:
Mobilehome Residency Law Protection Act, see
Cal. Health and Safety Code, §§ 18800
through 18806
§ 8.90.060 REGISTRATION.
(A) Within 60 calendar days after the effective
date of this chapter, mobile home park owners are
required to register all mobile home parks and mobile
home rental spaces within such parks with the City
Manager.
(B) The initial registration shall include: the
name(s), business address(es), business telephone
number(s) of each person or legal entity possessing an
ownership interest in the park and the nature of such
interest; the number of mobile home rental spaces
within the park; a rent schedule reflecting space rents within the park on the effective date of this chapter; a listing of all other charges, including utilities not
included in space rent, paid by mobile home residents
within the park and the approximate amount of each
such charge; and the name and address to which all
required notices and correspondence may be sent.
(C) The City Manager is empowered to establish
procedures for requiring such re-registration as he or
she deems necessary.
(D) No park owner shall be eligible to receive
any rent ceiling adjustment as provided for under the
provisions of this chapter unless such current
registration as may then be required for the mobile
home park is on file with the City Manager at the time
the petition for the rent ceiling adjustment is filed.
(E) The registration and re-registration
requirement provided for in this section, or which may
be hereafter established by the City Manager, shall
apply to all mobile home parks including those exempt
from the space rent ceiling limitation by reason of the existence of a valid space rent agreement.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.080 SPACE RENT CEILING OR
MAXIMUM ALLOWABLE SPACE.
(A) Beginning the first month which commences
following the day after the effective date of this
chapter when originally adopted on March 24, 1993,
no mobile home park owner shall charge space rent for
any mobile home space in an amount greater than the
space rent in effect on December 31, 1988. The space
rent in effect on that date shall be known as the “space rent ceiling.”
(B) If there was no space rent in effect on
December 31, 1988, the space rent ceiling shall be the
space rent that was charged on the first date that space rent was charged after December 31, 1988.
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(C) If a mobile home park is exempted from the
application of this chapter by reason of the existence
of a space rent agreement and this agreement expires,
the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.090 SPACE RENT CEILING
ADJUSTMENT - INITIAL ADJUSTMENT.
(A) No adjustment in space rent ceilings shall be
permitted except as provided for herein.
(B) A park owner shall be entitled to an initial
permissive adjustment gross space rental income equal
to 80% of the percentage increase in the consumer
price index (“CPI”) from the end of the base year
(1988) to the date of application for the adjustment.
The percentage adjustment in the CPI shall be
calculated by subtracting the CPI reported for
December 1989 from the most recently reported
monthly CPI preceding the application and then
dividing this remainder by the December 1989 CPI.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.100 SPACE RENT CEILING
ADJUSTMENT - ANNUAL ADJUSTMENT.
Commencing in calendar year 1990, park owners
shall be entitled to the following annual adjustments.
(A) Permissive adjustment. A park owner shall
be entitled to an annual permissive adjustment of gross space rental income equal to 80% of the percentage
adjustment in the CPI from the date of the most recent
initial or annual adjustment to the date of application for the proposed adjustment.
(B) Net operating income adjustment.
(1) In the event a park owner believes he or
she does not receive a just and reasonable return on
park property after receiving the maximum permissive
adjustment provided for above, said park owner may,
upon payment of a filing fee established by resolution
of the Mayor and City Council, file an application
with the City Manager for an adjustment of the space
rent ceiling, providing adequate justification for the
proposed increase.
(2) If the City Manager shall designate a
form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be
designated, such petition shall be in writing, verified by the applicant and shall contain the names, address
and telephone number of the applicant; the name and
address of the tenant of each rental space which would
be affected if the petition were granted; and a
statement of the facts giving rise to the petition for a net operating income (“NOI”) adjustment in sufficient
detail that if established, such facts would demonstrate the existence of a decrease in the NOI warranting such
NOI adjustment. Within 30 working days after the
petition has been submitted to the City Manager for
filing, the petitioner shall be given notice of the time and place of the hearing, which notice, together with
a copy of the petition, shall be served upon or mailed
to each tenant of a rental space which would be
affected by the NOI adjustment if granted. When a
declaration of service has been submitted to the City
Manager, the petition for an NOI adjustment shall be
deemed filed.
(3) A park owner shall be entitled to an
adjustment of the space rent ceiling so as to enable the park owner’s net operating income (“NOI”) for the
subsequent year to be increased by a rate which, when
added to the maximum permissible adjustment
provided for above, will give the park owner a just
and reasonable return on park property.
(C) Special assessment based on capital
improvements.
(1) An application for a special assessment
based on the cost of a completed capital improvement
may be filed with the City Manager pursuant to this
division (C). For the purposes of this division (C),
CAPITAL IMPROVEMENT is defined as the
installation of new improvements and facilities and/or
the replacement or reconstruction of existing
improvements and facilities which consist of more than
ordinary maintenance or repairs, with a useful life of
at least five years, and have been agreed upon between
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the park owner; the resident committee, if any; and
approved by more than 50% of the owners of all
mobile homes located within the park in an election
called to consider the matter with each space casting
one vote.
(2) A special assessment may be granted at
the discretion of the hearing officer considering all
circumstances without approval of the homeowners if
the capital improvement is necessary to protect the
health and safety of the residents of the park, or to
comply with governmental laws or regulations.
(3) Capital improvement assessments shall
be amortized over the useful life of the improvement
as set forth in Internal Revenue Service “class life”
tables then in effect, unless the hearing officer, in his or her discretion, determines that the use of such
tables is unreasonable under the circumstances.
(4) In addition to the cost of the
improvements(s), the assessment shall include interest
at 2% over the prime rate at Bank of America in effect
at the time the assessment is approved calculated
annually on the unamortized cost of improvement.
(5) Capital improvement assessments shall
be apportioned equally among all spaces in the mobile
home park and shall be payable monthly, and shall be
set forth by the park owner as a separate item from the space rent. The assessment shall remain in effect until the cost of the improvement, plus interest as set forth herein, has been fully recovered.
(D) Effective. No annual adjustment shall become
effective if the previous annual adjustment became
effective within the previous 12 months unless
approved by the hearing officer pursuant to division
(B) above.
(Ord. MC-865, passed 3-24-1993; Ord. MC-944,
passed 6-8-1995; Ord. MC-1481, passed 4-14-2018)
§ 8.90.105 REQUIRED CERTIFICATION ON
RENTAL ADJUSTMENT NOTICE.
The hearing officer shall have the right to deny
any rent adjustments under this chapter if the owner:
(A) Has failed to comply with any provisions of
this chapter and/or regulations issued thereunder by
the City Manager or the Mayor and City Council or
any other federal, state or city law, ordinance or
regulation concerning mobile home parks; and
(B) Has failed to comply substantially with any
applicable state or local housing, health or safety law. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.110 POWERS AND DUTIES OF THE
CITY MANAGER.
(A) The City Manager shall administer and carry
out to the fullest extent possible the expressed intent and purposes of this chapter.
(B) The City Manager shall have the following
duties, responsibilities and functions, together with all powers reasonably incidental thereto.
(1) Adoption of rules and regulations.
Subject to the approval of the Mayor and City Council
the City Manager may make and adopt her or his or
her own administrative rules and regulations as may be
necessary to effectuate the purposes and policies of
this chapter and to enable the City Manager to carry
out his or her powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the state, this chapter and any guidelines adopted by the Mayor and City Council. Any such rules and
regulations shall be reduced to writing and be on file
with the City Manager at all times.
(2) Maintenance of records. The City
Manager shall keep a record of the hearing
proceedings, which shall be open for inspection by any
member of the public.
(3) Conduct studies and investigations. The
City Manager shall have the power to make such
studies, surveys and investigations, and obtain such
information as is necessary to carry out her or his or
her powers and duties.
(4) Require registration. The City Manager
shall require such registration of mobile home parks as
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Mobile Home Rents 249
the City Manager may deem necessary to carry out his
or her duties.
(5) Evaluation. The City Manager shall
render at least semi-annually a comprehensive written
report to the Mayor and City Council concerning the
activities, holdings, actions, results of hearings and all other matters pertinent to this chapter.
(6) Related duties. The City Manager shall
undertake such other related duties as may be assigned
by the Mayor and City Council.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1021,
passed 5-5-1998; Ord. MC-1481, passed 4-14-2018)
§ 8.90.120 PETITION BY TENANT.
(A) Any tenant of a mobile home rental space
affected by this chapter, upon payment of such filing
fee as shall be duly established, may petition the city for a determination whether a proposed or actual
action by the landlord of such tenant is legal, valid and within the terms of this chapter. If the City Manager
shall establish forms for such petitions, the petition
shall be prepared and submitted upon such form. In
the absence of such designated form, the petition shall contain the name, address and telephone number, if
known, of the landlord, owner, manager or other
person authorized to represent the owner of the mobile
home park, a brief statement of the facts giving rise to the request for interpretation or determination and a
statement that a copy of the petition has been
personally served or mailed to the owner, manager or
other person authorized to accept and receive notices
to the landlord.
(B) In the event that a petition by tenant(s)
results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent
except the rent of those tenant(s) who signed the
petition and paid the established filing fee.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.130 PETITION BY LANDLORD.
Any landlord of a mobile home park affected by
this chapter may, upon payment of such filing fee as
shall be duly established, petition the city for a
determination whether a particular course of action by
said landlord is allowable, valid and in conformity
with this chapter. The City Manager may designate
forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and
telephone number, if any, of the person requesting the
interpretation or opinion; the name and address of each tenant of a rental unit owned or managed by the person
requesting the interpretation or opinion, if it is
intended that such interpretation or opinion affects
such rental unit; a brief statement of the facts giving rise to the request for interpretation or opinion; and a statement that a copy of such petition has been
personally served upon or mailed to each such tenant
who might be affected thereby.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.140 CONDUCT OF PROCEEDINGS.
(A) The Mayor and City Council shall appoint a
hearing officer to hear matters pertaining to this
chapter.
(B) Each party to a hearing may have assistance
in presenting evidence or in setting forth by argument
his or her position, from an attorney or such other
person as may be designated by said party.
(C) Formal rules of evidence shall not apply in
proceedings; however, all oral testimony offered as
evidence shall be under oath.
(D) In the event that any party shall fail to appear
at the time and place set for hearing of a petition, the hearing officer may hear and review such evidence as
may be presented, and may make such findings and
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decisions as shall be supported by the evidence
presented.
(E) The hearing officer shall base his or her
decision on evidence presented at the hearing and may
consider any evidence resulting from independent
investigations of the City Manager pursuant to
§ 8.90.110(B)(5), where such evidence has been
disclosed to the parties.
(F) (1) The hearing officer shall make findings
based on the evidence as to each fact relevant to the
hearing officer’s decision on the petition.
(2) The decision of the hearing officer shall
be based upon the findings, and shall:
(a) Determine whether the action or
proposed action of a landlord is valid, permitted and in conformity with this chapter; and/or
(b) Determine whether an adjustment
is necessary, and if so, the nature and amount of relief to be granted or authorized to the landlord or
homeowner.
(G) The hearing officer shall consider the
evidence and arguments of the parties no later than 30
days after the matter has been submitted for decision
and the hearing officer shall make her or his final
decision at the conclusion of their deliberations. No
rent adjustment will be authorized unless supported by
the evidence. A notice of the hearing officer’s decision shall be sent to each party to a proceeding. Unless
good cause to the contrary shall appear, each decision
of the hearing officer shall apply on a space by space
basis, taking into account the possibility of differences in base rent, services provided and other facts
differentiating rental spaces.
(H) Nothing in this chapter, or in any decision of
the hearing officer, shall require any landlord to raise rents or charges to tenants. If an adjustment in the
maximum permissible rent is authorized, a landlord
may raise rents or charges by a lesser amount, or for
a lesser time than is authorized by the decision of the hearing officer.
(I) The findings and decisions of the hearing
officer shall be a final administrative action. There
shall be no right of appeal to the Mayor and City
Council. Such findings and decisions shall be public
records, and may be certified by the City Clerk. Each
decision shall set forth a notice as required by Cal.
Gov’t Code,Cal. Code of Civil Procedure, § 1094.6.
The decision shall become effective upon mailing to
the party unless otherwise indicated at the hearing.
This section supersedes Chapter 2.64.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.150 PRIORITIES.
All petitions for hearings shall be heard in order
of date filed.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.160 RENT ADJUSTMENT
REGULATIONS.
For purposes of determining allowable rent
adjustments, the rules and regulations set forth in this section shall be used. In authorizing individual
adjustments of the rent ceilings, the hearing officer
shall consider the purposes of this chapter and the
requirements of law. The hearing officer may consider
all relevant factors including: increases or decreases in operating and maintenance expenses; the extent and
cost of utilities paid by the owner; necessary and
reasonable capital improvements of the park as
distinguished from normal repair, replacement and
maintenance; increases or decreases in amenities,
equipment, insurance or services; substantial
deterioration of the park other than as a result of
ordinary wear and tear; failure on the part of the
owner to provide adequate repair; housing services or
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failure on the part of the owner to comply with
applicable Housing, Health and Safety Codes; federal
and state income tax benefits; the speculative nature of the investment; whether or not the property is acquired or is held as a long-term or short-term investment; the owner’s rate of return on investment; the owner’s
current and base year net operating income; and any
other factors deemed relevant by the hearing officer in providing the owner a fair return. A sale of a mobile
home park by the owner, subsequent to June 3, 1991,
which results in a Proposition 13 tax increase, cannot
be a factor to be considered in a request for a rent
adjustment by the new owners.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.170 NET OPERATING INCOME.
Net operating income (“NOI”) shall be gross
income less allowable operating expenses.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.180 GROSS INCOME.
Gross income equals:
(A) Gross rents, computed as gross rental income
at 100% paid occupancy;
(B) Plus interest from rental deposits, unless
directly paid by the landlord to the tenants;
(C) Plus income from miscellaneous sources,
including, but not limited to, laundry facilities,
vending machines, amusement devices, cleaning fees
or services, garage and parking fees;
(D) Plus all other income or consideration
received or receivable for or in connection with the
use or occupancy of rental units; and
(E) Minus uncollected rents due to vacancy and
bad debts to the extent that the same are beyond the
landlord’s control.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.190 ALLOWABLE OPERATING
EXPENSES.
Operating expenses shall include the following:
(A) Real property taxes;
(B) Utility costs;
(C) Management fees actually paid if
management services are contracted for. If all or a
portion of management services are performed by the
landlord, management fees shall include the reasonable
value for such landlord performed services.
Management fees greater than 5% of gross income are
presumed to be unreasonable. Such presumption may
be rebutted;
(D) Other reasonable management expenses,
including, but not limited to, necessary and reasonable advertising, accounting and insurance;
(E) Normal repair and maintenance expenses,
including, but not limited to, painting, normal
cleaning, fumigation, landscaping and repair of all
standard services, including electrical, plumbing,
carpentry, furnished appliances, drapes, carpets and
furniture;
(F) Owner-performed labor, which shall be
compensated at the following hourly rates upon
documentation of the date, time and nature of the work
performed:
(1) At the general prevailing rate of per
diem wages for the San Bernardino area, for the
specific type of work performed, as determined and
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published by the Director of the State Department of
Industrial Relations pursuant to the Cal. Labor Code,
§§ 1770 et seq.; and
(2) If no such general prevailing rate has
been determined and published, then a cost per hour
for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and
City Council. Notwithstanding the above, a landlord
may receive greater or lesser compensation for
self-labor if the landlord proves by clear and
convincing evidence that the amounts set forth above
are substantially unfair in a given case. Owner
performed labor in excess of 5% of gross income shall
not be allowed unless the landlord proves, by clear and convincing evidence, that such excess labor expenses
resulted in proportionately greater services for the
benefit of tenants.
(G) License and registration fees required by law
to the extent same are not otherwise paid by tenants;
(H) The yearly amortized portion of capital
expenses, including financing costs, computed in
accordance with any useful life table utilized by the
Internal Revenue Service; and
(I) Reasonable attorney’s fees and costs incurred
as normal and reasonable costs of doing business,
including, but not limited to, good faith attempts to
recover rents owing and good faith unlawful detainer
actions not in derogation of applicable law, to the
extent same are not recovered from tenants.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.200 OPERATING EXPENSES NOT
ALLOWABLE.
Operating expenses shall not include the
following:
(A) Avoidable and unreasonable or unnecessary
expenses;
(B) Mortgage principal and interest payments;
(C) Lease purchase payments and rent or lease
payments to landlord’s lessor;
(D) Penalties, fees or interest assessed or
awarded for violation of this or any other statute;
(E) Attorney’s fees and other costs incurred for
proceedings before the hearing officer or in
preparation for such proceedings, or in connection
with any civil actions or proceedings against the city, or a decision, ruling or order of the hearing officer;
(F) Depreciation of the real property; and
(G) Any expenses for which the landlord has
been reimbursed by any security deposit, insurance
settlement, judgment for damages, settlement or any
other method.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.210 PRESUMPTION OF FAIR BASE
YEAR NET OPERATING INCOME.
Except as provided in § 8.90.220, it shall be
presumed that the net operating income produced by a
park owner during the base year, provided a fair
return on property. Owners shall be entitled to
maintain and increase their net operating income from
year to year in accordance with §§ 8.90.080 and
8.90.100(B).
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.220 REBUTTING THE PRESUMPTION.
(A) It may be determined that the base year net
operating income yielded other than a fair return on
property, in which case, the base year net operating
income may be adjusted accordingly.
(B) In order to make such a determination, the
hearing officer must make at least one of the following findings.
(1) (a) The owner’s operating and
maintenance expenses in the base year were unusually
high or low in comparison to other years. In such
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instances, adjustments may be made in calculating
such expenses so the base year operating expenses
reflect average expenses for the property over a
reasonable period of time.
(b) The hearing officer shall consider
the following factors:
1. The owners made substantial
capital improvements during 1988 which were not
reflected in the rent levels on the base date;
2. Substantial repairs were made
due to damage caused by natural disaster or vandalism
which management has taken appropriate action to
reduce;
3. Maintenance and repair were
below accepted standards so as to cause significant
deterioration in the quality of housing services; and
4. Other expenses were
unreasonably high or low notwithstanding the
following of prudent business measures.
(2) The rental rates on the base date were
disproportionate due to enumerated factors below. In
such instances, adjustments may be made in
calculating gross rents consistent with the purpose of
this chapter.
(a) The rental rates on the base date
were substantially higher or lower than in preceding
months by reason of premiums being charged or
rebates being given for reasons unique to particular
units or limited to the period determining the base
rent.
(b) The rent on the base date was
substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal
variations in rent.
(c) The rental rates on the base date
were exceptionally high or low due to other factors
which would cause the application of the base year net
operating income to result in gross inequity to either
the owner or tenant.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.230 DETERMINATION OF BASE YEAR
NET OPERATING INCOME.
(A) To determine the net operating income
during the base year, there shall be deducted from the
annualized gross income being realized in 1988, a sum
equal to the actual operating expenses for calendar
year 1988, unless the owner demonstrates to the
satisfaction of the hearing officer that the use of some other consecutive 12-month period is justified by
reasons consistent with the purposes of this section.
(B) In the event the owner did not own the
subject property during the base year, the operating
expenses for 1988 shall be determined by one of the
following methods whichever the hearing officer
determines to be more reliable in the particular case:
(1) The previous owner’s actual operating
expenses, as defined in § 8.90.190, if such figures
were available; or
(2) Actual operating expenses for the first
calendar year of ownership, discounted to 1988 by the
schedule.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.240 DETERMINATION OF CURRENT
YEAR NET OPERATING INCOME.
To determine the current year net operating
income, there shall be deducted from the annualized
gross income, determined by analyzing the monthly
rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last
calendar year (unless the owner demonstrates to the
satisfaction of the hearing officer that the use of some other consecutive 12-month period is justified by
reasons consistent with the purposes of this section).
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.250 SCHEDULE OF INCREASES IN
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OPERATING EXPENSES.
Where scheduling of rental increases, or other
calculations, requires projections of income and
expenses, it shall be assumed that operating expenses,
exclusive of property taxes and management expenses,
increases at 5% per year, that property taxes increase
at 2% per year and that management expenses
constitute 5% of gross income; provided, however,
that if actual increases are greater or less than those listed in this section, the actual increases shown
according to proof shall be the increases applicable.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.260 ALLOWABLE RENT
ADJUSTMENTS.
The hearing officer may permit rent adjustments,
unless otherwise prescribed by law, such that the
owner’s net operating income will be adjusted at the
rate as specified in § 8.90.100(B)(2).
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.270 DISCRETIONARY
CONSIDERATIONS.
While the net operating income formula should
operate to guarantee a park owner a fair return on
investment, the hearing officer considering a request
for rent increases shall consider all relevant factors
presented in making a determination, as set forth in
this chapter.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.280 LIMIT ON INCREASES PENDING
HEARING OR LITIGATION.
Notwithstanding any other provisions of this
chapter, no adjustment in rents in a mobile home park
shall be valid during the time that any hearing or
proceeding is being conducted pursuant to this chapter, nor shall such increase be valid during the period in
which the hearing officer’s decision for that park is
being reviewed by a court of competent jurisdiction,
except those the tenants shall be required to pay as the permissible adjustment as provided for under
§ 8.90.090(B).
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.290 RENT ADJUSTMENTS FOR
REDUCTION IN SERVICES.
(A) No owner shall reduce the level or kind of
services provided to tenants as of the date of adoption of this chapter or take any other punitive action in
retaliation for the exercise by tenants of any of the
rights granted by this chapter.
(B) If a mobile home park provides in the rent,
without separate charge, utilities or similar services
(including, but not limited to, natural gas, electricity, water, sewer, trash and cable television) and converts
to separate charge for such service by separate
metering, separate charge or other lawful means of
transferring to the tenant the obligation for payment
for such services, the cost savings shall be passed
through to tenants by a rent adjustment equal to the
actual cost to the park of such transferred utility or
similar service (less common area usage, based on
costs for the 12-month period prior to notice to the
tenants of the change). Provided compliance with this
section occurs, provisions for mediation and/or
hearing shall not apply. It is the intent of this section for those rental agreements entered into on or after
January 1, 1991 to be consistent with the provisions of Cal. Civil Code, § 798.41, as adopted by Chapter
1013, § 2 of the Statutes of 1990.
(C) For purposes of division (A) above, in
determining cost savings to be passed on to tenants in
the form of decreased rent, the cost of installation of separate utility meters or similar costs incurred by the owner to shift the obligation for payment of utility
costs to the tenants shall not be considered. However,
this shall not be construed to prohibit or prevent the
consideration of inclusion of such costs as an increased operating expense at mediation or arbitration.
(D) If a service other than a utility or similar
service per division (A) above is reduced or
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eliminated, or if a utility or similar service is reduced or eliminated without a concomitant decrease in rent,
the provisions of this chapter regarding petition and/or hearing shall apply subject to the following conditions.
Any petition initiating mediation or hearing must be
filed within 12 months of the date on which the service was reduced or eliminated, and the reduction or
elimination in services must continue to exist at the
time of the hearing. Rent adjustments shall only be
granted prospectively.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.300 QUANTUM OF PROOF AND
BURDEN OF PROOF.
The decision of the hearing officer must be
supported by the evidence submitted at the hearing.
The petitioning party shall have the burden of proof in such proceedings.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.310 HEARING OFFICER DECISION
FINAL.
The decision of the hearing officer is final. This
section specifically supersedes Chapter 2.64.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.320 JUDICIAL REVIEW.
An owner or tenant aggrieved by any action of the
hearing officer may seek judicial review by appealing
to the appropriate court within the jurisdiction. Cal.
Code of Civil Procedure, §§ 1094.5 and 1094.6 are
applicable.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.330 TERMINATION OF TENANCY.
A tenancy which is not held pursuant to a written
rental agreement that conforms to the provisions of the Cal. Civil Code, §§ 798.15 et seq. shall be terminated
only pursuant to the Cal. Civil Code, §§ 798.55 et
seq.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.340 REMEDIES FOR VIOLATION.
(A) Civil remedies. Any person who demands,
accepts or retains any payment in violation of any
provision of this chapter shall be liable in a civil action to the person from whom such payment is demanded,
accepted or retained for damages in the sum of three
times the amount by which the payment or payments
demanded, accepted or retained exceed the maximum
rent which could lawfully be demanded, accepted or
retained, together with reasonable attorneys’ fees and
costs as determined by the court.
(B) Criminal remedies. It shall be unlawful for
an owner to adjust any rent in an amount in excess of
that allowed under this chapter or by order of the
hearing officer. Any owner who willfully and
knowingly violates any of the provisions of this
chapter or the orders of the hearing officer shall be
guilty of a misdemeanor.
(C) Injunctive and other civil relief. The City
Manager, the city and the tenants and owners may
seek relief from the appropriate court in the
jurisdiction within which the rental unit is located to enforce any provision of this chapter or its
implementing regulations or to restrain or enjoin any
violation of this chapter and of the rules, regulations, orders and decisions of the hearing officer.
(D) Non-waiver of rights. Any waiver or
purported waiver by a tenant of rights granted under
this chapter prior to the time when such rights may be
exercised, whether oral or written, shall be void as
contrary to public policy.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.350 PERIODIC REVIEW OF CHAPTER.
The Mayor and City Council shall review the
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provisions of the chapter at any other time deemed
appropriate, in order to consider the following:
(A) Whether this chapter continues to be
necessary to protect the public health, safety and
welfare;
(B) Whether the implementation of the
provisions of this chapter have been adequate; and
(C) Whether the provisions of this chapter should
be amended to provide more effective regulations or to
avoid unnecessary hardship.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.360 CHAPTER TO BE LIBERALLY
CONSTRUED.
This chapter shall be liberally construed to
achieve the purposes of this chapter and to preserve its validity.
(Ord. MC-865, passed 3-24-1993; Ord. MC-1481,
passed 4-14-2018)
§ 8.90.370 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.380 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.390 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.400 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.410 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.420 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
§ 8.90.430 RESERVED.
[Reserved]
(Deleted by Ord. MC-1481, passed 4-14-2018)
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CHAPTER 8.93: BICYCLES PROHIBITED IN CERTAIN PUBLIC BUILDINGS Section
8.93.010 Prohibition
8.93.020 Exceptions
8.93.030 Violation
§ 8.93.010 PROHIBITION.
It shall be unlawful to bring a bicycle or bicycles
into the City Hall or the second or third floors of the City Hall annex.
(Ord. MC-951, passed 11-8-1995)
§ 8.93.020 EXCEPTIONS.
Section 8.93.010 shall not apply to police officers
or to those who have received the prior written
permission of the City Facilities Manager.
(Ord. MC-951, passed 11-8-1995)
§ 8.93.030 VIOLATION.
Violation of § 8.93.010 shall be either a
misdemeanor or an infraction.
(Ord. MC-951, passed 11-8-1995)
259
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CHAPTER 8.95: ANIMALS PROHIBITED IN CITY BUILDINGS
Section
8.95.010 Prohibition
8.95.020 Exceptions
8.95.030 Penalty
§ 8.95.010 PROHIBITION.
All animals, whether domestic or otherwise and
whether dead or alive, are prohibited from being
bought, carried or otherwise allowed entry into any
building belonging to or operated by the city.
(Ord. MC-795, passed 6-18-1991)
§ 8.95.020 EXCEPTIONS.
(A) The prohibition of § 8.95.010 shall not apply
to animals trained and certified to assist the blind and deaf or any animals used by a law enforcement
agency.
(B) Prohibition of § 8.95.010 shall not apply to
the animal shelter owned or operated by the city.
(Ord. MC-795, passed 6-18-1991)
§ 8.95.030 PENALTY.
Violation of this chapter is a misdemeanor.
(Ord. MC-795, passed 6-18-1991)
261
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CHAPTER 8.97: SMOKING CANNABIS IN PUBLIC PLACES
Section
8.97.010 Purpose and intent
8.97.020 Applicability
8.97.030 Definitions
8.97.040 Prohibition of smoking and
inhaling in enclosed places
8.97.050 Prohibition of smoking and
inhaling in unenclosed areas
8.97.060 Prohibition of smoking and
inhaling in city vehicles and on
city campuses
8.97.070 Smoking distance required
8.97.080 Additional smoking-related
restrictions
8.97.090 Other requirements and
prohibitions
8.97.100 Posting of signs
8.97.110 Interpretation
8.97.120 Other laws
8.97.130 Violations declared a public
nuisance
8.97.140 Each violation a separate offense
8.97.150 Criminal penalties
8.97.160 Remedies cumulative and not
exclusive
§ 8.97.010 PURPOSE AND INTENT.
The purpose of this chapter is to protect the good
health and well-being of the residents of the city from the documented negative effects of secondhand
cannabis smoke. Smoke-free air is an important
component of a healthy community. The Mayor and
City Council intend to protect the public health, safety and welfare by providing a secondhand cannabis
smoke-free environment in public and private places
where non-cannabis smokers may be exposed to
secondhand cannabis smoke. The Mayor and City
Council further intend to promote secondhand cannabis
smoke-free air, recognizing the need to breathe
smoke-free air has a priority over the desire to smoke
cannabis. This chapter is not intended to interfere with a patient’s right to use medicinal cannabis pursuant to state law, as may be amended, nor does it criminalize
cannabis possession or use otherwise authorized by
state law.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.020 APPLICABILITY.
Nothing in this chapter shall be construed to allow
any conduct or activity relating to the cultivation,
distribution, dispensing, sale or consumption of
cannabis that is otherwise illegal under local or state law. No provision of this title shall be deemed a
defense or immunity to any action brought against any
person by the County District Attorney’s office, the
Attorney General of the state or the United States.
This chapter shall be applicable in the incorporated
areas of the city and in all city buildings, whether
owned, leased or controlled by the city, and on all city campuses.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.030 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
BUSINESS. Any sole proprietorship,
partnership, limited liability company, joint venture,
corporation, association or other entity formed for
profit-making purposes or for non-profit charitable,
religious, philanthropic, educational, political, social or similar purposes. A government agency is not a
BUSINESS within the meaning of this chapter.
263
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CANNABIS. All parts of the plant Cannabis
sativa Linnaeus, Cannabis indica or Cannabis
ruderalis, or any other strain or varietal of the genus CANNABIS that may exist or be discovered or
developed that has psychoactive or medical properties,
whether growing or not, including, but not limited to,
the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or resin.
CANNABIS also means the separated resin, whether
crude or purified, obtained from CANNABIS.
CANNABIS also means marijuana
cannabis, as
defined by Cal. Health and Safety Code, § 11018 and
Cal. Business and Prof essions Code, § 26001( f), as
both may be amended from time to time. Any
reference to CANNABIS or CANNABIS PRODUCTS
shall include medical and non-medical cannabis and
medical and non-medical cannabis products unless
otherwise specified. CANNABIS or CANNABIS
PRODUCT does not mean industrial hemp, as defined
by Cal. Health and Safety Code, § 11018.5, or the
weight of any other ingredient combined with
CANNABIS to prepare topical or oral administrations,
food, drink or other product. CANNABIS does not
include the mature stalks of the plant; fiber produced
from the stalks, oil or cake made from the seeds of the plant; any other compound, manufacture, salt,
derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or
cake, or the sterilized seed of the plant which is
incapable of germination.
CANNABIS CONCENTRATE. Cannabis that has
undergone a process to concentrate one or more active
cannabinoids, thereby increasing the product’s
potency. Resin from granular trichomes from a
cannabis plant is a concentrate for purposes of this
chapter. A CANNABIS CONCENTRATE is not
considered food, as defined by the Cal. Health and
Safety Code, § 109935, or drug, as defined by the
Cal. Health and Safety Code, § 109925.
CANNABIS PARAPHERNALIA. Any item
designed for the consumption, use or preparation of
cannabis or cannabis product.
CANNABIS PRODUCT.
(1) (a) Any product containing, made or
derived from cannabis or cannabis products that is
intended for human consumption, whether smoked,
heated, absorbed, dissolved, inhaled, snorted, sniffed
or ingested by any other means, including, but not
limited to, cigarettes, cigars, bongs, blunts, pipes; and (b) Any electronic smoking device.
(2) Notwithstanding any provision of
divisions (1)(a) and (1)(b) to the contrary, CANNABIS
PRODUCTS includes any component, part or
accessory of a cannabis product, whether or not sold
separately.
CITY. The City of San Bernardino, a charter city
in the State of California.
CITY CAMPUS. Enclosed areas and unenclosed
areas under the legal control of the city, including
property that is owned, leased or maintained by the
city or governed by the Mayor and City Council.
DINING AREA. Any area which is available to
or customarily used by the general public or an
employee and which is designed, established or
regularly used for consuming food or drink.
ELECTRONIC SMOKING DEVICE. An
electronic device that can be used to deliver an inhaled dose of cannabis, cannabis oils or other substances,
including any component, part or accessory of such a
device, whether or not sold separately. ELECTRONIC
SMOKING DEVICE includes any such device,
whether manufactured, distributed, marketed or sold
as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, vaping pens or any other product name or
descriptor.
EMPLOYEE. Any natural person who is
employed or retained as an independent contractor by
any employer in consideration for direct or indirect
monetary wages or profit, or any natural person who
volunteers his or her services for an employer.
EMPLOYER. Any business with one or more
employees.
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ENCLOSED AREA. An area in which outside air
cannot circulate freely to all parts of the area, and
includes an area that has:
(1) Any type of overhead cover and at least
three walls or other vertical constraint to airflow; or (2) Four walls or other vertical constraints
to airflow.
PERSON. Any natural person, business, personal
representative, receiver, trustee, assignee or any other legal entity.
PLACE OF EMPLOYMENT. Any area under the
legal or de facto control of an employer that an
employee or the general public may have cause to
enter in the normal course of operations, regardless of the hours of operation.
PROHIBITED SMOKING AREA. A designated
portion of an unenclosed area where cannabis smoking
is prohibited. Cannabis smoking shall be prohibited
within 1,000 feet of any of the following:
(1) Any school (k-12) regardless if it is a
public, private or charter school;
(2) Daycare center, as defined in the Cal.
Health and Safety Code, § 1596.76;
(3) Youth center, as defined in the Cal.
Health and Safety Code, § 11353.1;
(4) Any library, park, bicycle paths or area
in which the primary purpose is used for minors; and
(5) Any alcohol rehabilitation center or
substance abuse facility.
PUBLIC PLACE. Any place, publicly or
privately owned, when being used for a public event,
including, but not limited to, a farmers’ market,
parade, craft fair, festival or any other event open to the general public.
RECREATIONAL AREA. Any area that is
owned, controlled or used by the city and open to the
general public for recreational purposes, regardless of any fee or age requirement. RECREATIONAL AREA
includes, but is not limited to, parks, picnic areas,
playgrounds, sports fields, walking paths, gardens,
hiking trails, bike paths, riding trails, swimming
pools, skateboard parks and amusement parks.
RECREATIONAL AREA does not include golf
courses.
SERVICE AREA. Any publicly or privately
owned area designed to be used or is regularly used by
one or more persons to receive a service, wait to
receive a service or to make a transaction, whether or
not such service or transaction includes the exchange
of money. SERVICE AREA includes, but is not
limited to, areas including or adjacent to information
kiosks, automatic teller machines, ticket lines, bus
stops or shelters, mobile vendor lines or cab stands.
SMOKE. The gases, oils, particles or vapors
released into the air as a result of combustion,
electrical ignition or vaporization, when the apparent
or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts,
except when the combusting or vaporizing material
contains no tobacco, cannabis, cannabis oils or
nicotine and the purpose of inhalation is solely
olfactory, such as SMOKE from incense. SMOKE
includes, but is not limited to, tobacco smoke,
electronic smoking device vapors and cannabis smoke.
SMOKING. Inhaling, exhaling, burning or
carrying any ignited, heated or activated cigar,
cigarette, cigarillo, pipe, hookah, electronic smoking
device or any plant product intended for human
inhalation, including, but not limited to, cannabis or
cannabis products.
UNENCLOSED AREA. Any area that is not an
enclosed area.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.040 PROHIBITION OF SMOKING AND
INHALING IN ENCLOSED PLACES.
(A) The city shall enforce the state Smoke-free
Workplace Law (Cal. Labor Code, § 6404.5), which
prohibits smoking in enclosed places of employment,
in all areas subject to this chapter.
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(B) In addition, all cannabis smoking and the
inhaling of cannabis products are prohibited in the
enclosed areas of the following places:
(1) All businesses that are not places of
employment and which have a common or shared air
space with an enclosed area, such as, without
limitation, openings, cracks, air ventilation systems,
doorways, hallways and stairways, in which smoking
is prohibited by law. Notwithstanding any other
provision of this chapter, the fact that cannabis smoke enters one enclosed area from another enclosed area is
conclusive proof that the areas share a common or
shared air space;
(2) Public places, as defined in § 8.97.030;
and
(3) Any area within 50 feet of any door,
window, opening or vent into a public place, dining
area, service area or recreational area, except for such areas on private residential property.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.050 PROHIBITION OF SMOKING AND
INHALING IN UNENCLOSED AREAS.
Smoking and inhaling of cannabis products are
prohibited in the unenclosed areas of the following
places, as defined in § 8.97.030:
(A) Dining areas;
(B) Public places;
(C) Recreational areas;
(D) Service areas; and
(E) Places of employment.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.060 PROHIBITION OF SMOKING AND
INHALING IN CITY VEHICLES AND ON
CITY CAMPUSES.
(A) Smoking and inhaling of cannabis products
are prohibited in all vehicles leased, owned or
operated by the city or any district governed by the
city.
(B) Smoking and the use of cannabis or cannabis
products are prohibited in all enclosed areas and
unenclosed areas of a city campus.
§ 8.97.070 SMOKING DISTANCE REQUIRED.
(A) Smoking and inhaling of cannabis in all
unenclosed areas is prohibited within 50 feet from any
enclosed or unenclosed areas in which smoking is
prohibited.
(B) A private property or business owner may
authorize a designated smoking area in an unenclosed
area of his or her private property.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.080 ADDITIONAL
SMOKING-RELATED RESTRICTIONS.
(A) A person who owns, manages, operates or
otherwise controls the use of any place where cannabis
smoking is prohibited by this chapter may not
knowingly or intentionally permit cannabis smoking in
those places. For purposes of this section, a person has acted knowingly or intentionally if the person has not
taken the following actions to prevent cannabis
smoking by another person:
(1) Requested that a person who is smoking
refrain from cannabis smoking in the prohibited place;
and
(2) Requested that a person who is smoking
cannabis leave the prohibited place if the person
refuses to stop smoking in the prohibited place after
being asked to stop. This section does not require
physically ejecting a person from a place or taking
steps to prevent smoking under circumstances that
would involve risk of physical harm.
(B) No person shall intimidate, harass or
otherwise retaliate against any person who seeks
compliance with this section. Moreover, no person
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Smoking Cannabis in Public Places 267
shall intentionally or recklessly expose another person to cannabis smoke in response to that person’s effort
to achieve compliance with this section.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.090 OTHER REQUIREMENTS AND
PROHIBITIONS.
(A) No employer or business doing business with
the city and within the city shall knowingly or
intentionally permit cannabis smoking or inhaling in an area which is under the employer’s or business’s
control and in which cannabis smoking is prohibited.
(B) No person shall litter or dispose of cannabis
packaging or cannabis products waste within the
boundaries of an area in which cannabis smoking or
cannabis products is prohibited except into a waste
receptacle or ash can.
(C) No person, employer or business shall
intimidate or threaten or e ffect any reprisal against
another person for the purpose of retaliating against
that person for seeking to obtain compliance with this
chapter.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.100 POSTING OF SIGNS.
A person, employer or business that has legal or
de facto control of an area in which cannabis smoking,
or the use of cannabis products is prohibited by this
chapter shall post a clear, conspicuous and
unambiguous “no smoking and no vaping” or
“smoke-free” sign at each point of ingress to the area, and in at least one other conspicuous point within the
area. The signs will have letters of no less than one
inch in height and shall in clude the international “no smoking and no vaping” symbol (consisting of a
pictorial representation of a burning cigarette, cannabis leaf and e-cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in § 8.97.070. At least
one sign with a city phone number to be determined by
the Director of Community Development and Housing
and made available on the Department’s website which
complaints can be directed must be placed
conspicuously in each place in which cannabis
smoking is prohibited. The Department of Community
Development and Housing shall be responsible for
providing appropriate signs in public facilities
controlled by the city. Notwithstanding this section,
the presence or absence of signs shall not be a defense to a charge of cannabis smoking or the use of cannabis
products in violation of any other provision of this
chapter.
(Ord. MC-1465, passed 3-7-2018; Ord. MC-1625,
passed 2-21-2024)
§ 8.97.110 INTERPRETATION.
This chapter shall not be interpreted or construed
to permit cannabis smoking where it is otherwise
restricted by other applicable laws.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.120 OTHER LAWS.
It is not the intention of this chapter to regulate
any conduct where the regulation of such conduct has
been preempted by the state.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.130 VIOLATIONS DECLARED A
PUBLIC NUISANCE.
Each and every violation of the provisions of this
chapter is deemed unlawful and a public nuisance.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.140 EACH VIOLATION A SEPARATE
OFFENSE.
Each and every violation of this chapter shall
constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by
the city.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.150 CRIMINAL PENALTIES.
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Any person causing, permitting, aiding, abetting,
suffering or concealing a violation of this chapter shall be guilty of a misdemeanor, and may, in the discretion
of the City Attorney, be prosecuted as a misdemeanor
and, upon conviction, be subject to a fine not to
exceed $1,000 or imprisonment in the city or county
jail for a period of not more than six months, or by
both such fine and imprisonment. The City Attorney,
in his or her sound discretion, may prosecute a
violation of this chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a
previously filed misdemeanor to an infraction. Any
person convicted of an infraction under the provisions
of this chapter shall be punished by a fine not
exceeding $100 for the first violation, a fine not
exceeding $200 for a second violation within one year
and a fine not exceeding $500 for a third and
subsequent violations within one year. A fourth
violation of this chapter within one year shall be
charged as a misdemeanor and may not be reduced to
an infraction.
(Ord. MC-1465, passed 3-7-2018)
§ 8.97.160 REMEDIES CUMULATIVE AND
NOT EXCLUSIVE.
The remedies provided herein are not to be
construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by
law or equity.
(Ord. MC-1465, passed 3-7-2018)
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CHAPTER 8.99: PERSONAL CULTIVATION OF CANNABIS
Section
8.99.010 Purpose and intent
8.99.020 Applicability
8.99.030 Definitions
8.99.040 Personal cultivation of cannabis
8.99.050 Violations declared a public
nuisance
8.99.060 Each violation a separate offense
8.99.070 Criminal penalties
8.99.080 Remedies cumulative and not
exclusive
§ 8.99.010 PURPOSE AND INTENT.
The purpose of this chapter is to impose
reasonable regulatory restrictions on the personal
cultivation of cannabis pursuant to state law. This
chapter is not intended to interfere with a patient’s
right to use medicinal cannabis pursuant to state law,
as may be amended, nor does it criminalize cannabis
possession or cultivation otherwise authorized by state law. This chapter is not intended to give any person or entity independent legal authority to engage in
commercial cannabis activity, as it is intended simply
to impose regulatory restri ctions regarding personal
cultivation of cannabis in the city pursuant to this code and state law.
(Ord. MC-1466, passed 3-7-2018)
§ 8.99.020 APPLICABILITY.
Nothing in this title shall be construed to allow
any conduct or activity relating to the cultivation,
distribution, dispensing, sale or consumption of
cannabis that is otherwise illegal under local or state law. Nor shall it be construed to exempt any activity
related to the cultivation of cannabis from any
applicable electrical, plumbing, land use or other
building or land use standards or permitting
requirements. No provision of this chapter shall be
deemed a defense or immunity to any action brought
against any person by the County District Attorney’s
office, the Attorney General of the state or the United States.
(Ord. MC-1466, passed 3-7-2018)
§ 8.99.030 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CITY. The City of San Bernardino, California.
CANNABIS. All parts of the plant Cannabis
sativa Linnaeus, Cannabis indica or Cannabis
ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or
developed, that has psychoactive or medical
properties, whether growing or not, including, but not
limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin.
CANNABIS also means the separated resin, whether
crude or purified, obtained from CANNABIS.
CANNABIS also means marijuana
cannabis, as defined
by Cal. Health and Safety Code, § 11018 and Cal.
Business and Professions Code, § 26001(f), as both
may be amended from time to time. Any reference to
CANNABIS or CANNABIS PRODUCTS shall include
medical and non-medical cannabis and medical and
non-medical cannabis products unless otherwise
specified. CANNABIS or CANNABIS PRODUCT
does not mean industrial hemp, as defined by Cal.
Health and Safety Code, § 11018.5, or the weight of
any other ingredient combined with cannabis to
prepare topical or oral administrations, food, drink or 269
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other product. CANNABIS does not include the
mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of
germination.
CANNABIS CONCENTRATE. Manufactured
cannabis that has undergone a process to concentrate
the cannabinoid active ingredient, thereby increasing
the product’s potency.
CANNABIS CULTIVATION. Any activity
involving the planting, grow ing, harvesting, drying,
curing, grading or trimming of cannabis, including
nurseries.
COMMERCIAL CANNABIS ACTIVITY.
Includes the cultivation, possession, manufacture,
distribution, processing, st oring, laboratory testing, labeling, transportation, distribution or sale of
cannabis and cannabis products.
FULLY ENCLOSED AND SECURE
STRUCTURE. Within a fully enclosed and secure
structure that complies with the California Building
Code, as adopted in the City of San Bernardino, or, if
exempt from permit requirements, that has a complete
roof enclosure supported by connecting walls extended
from the ground to the roof, a foundation, slab or
equivalent base to which the floor is secured by bolts
or similar attachments; is secure against unauthorized
entry; and is accessible only through one or more
lockable doors and accessible only to the owner or
tenant. Walls and roofs must be constructed of solid
materials that cannot be easily broken through such as
two inches by four inch or thicker studs overlaid with
three-eighths-inch or thicker plywood or the
equivalent. Plastic sheeting, regardless of gauge, or
similar products do not satisfy this requirement. If
indoor grow lights or air filtration systems are used,
they must comply with the California Building,
Electrical and Fire Codes as adopted by the City of
San Bernardino.
INDOOR CANNABIS CULTIVATION.
Cultivation of cannabis using exclusively artificial
lighting.
MEDICAL CANNABIS or MEDICINAL
CANNABIS. Cannabis that is intended to be used for
medical cannabis purposes in accordance with the
Compassionate Use Act of 1966 (“CUA,” Cal. Health
and Safety Code, §§ 11362.7
11362.5 et seq.); the
Medical Marijuana Program Act (“MMPA,” Cal.
Health and Safety Code, §§ 11362.7 et seq.); and the
Medicinal Adult Use Cannabis Regulation and Safety
Act (“MAUCRSA,” the Cal. Business and Professions
Code, Division 10).
MIXED-LIGHT CANNABIS CULTIVATION.
Cultivation of cannabis using any combination of
natural and supplemental artificial lighting.
Greenhouses, hoop houses, hot houses and similar
structures, or light deprivation systems, are included
in this category.
OUTDOOR CANNABIS CULTIVATION.
Cultivation of cannabis in the open air using no
artificial lighting conducted in the ground or in
containers outdoors with no covering. OUTDOOR
CULTIVATION does not include greenhouses, hoop
houses, hot houses or similar structures.
PERSONAL CULTIVATION. Cannabis
cultivation conducted by an individual strictly for that individual’s personal use, possession, processing,
transporting or giving away without any compensation
whatsoever in accordance with this code and state law,
including, but not limited to, Cal. Health and Safety
Code, §§ 11362.1 and 11362.2, as may be amended.
PERSONAL CULTIVATION also means and includes
cultivation of medical cannabis conducted by a
qualified patient exclusively for his or her personal
medical use, and cultivation conducted by a primary
caregiver for the personal medical purposes of no
more than five specified qualified patients for whom
he or she is the primary caregiver, in accordance with
state law, including Cal. Health and Safety Code,
§§ 11362.7 and 11362.765, as may be amended.
Except as herein defined, PERSONAL
CULTIVATION does not include, and shall not
authorize, any cultivation conducted as part of a
business or commercial activity, including cultivation
for compensation or retail or wholesale sales of
CANNABIS.
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Personal Cultivation of Cannabis 271
PRIMARY CAREGIVER. Shall have the same
meaning as set forth in Cal. Health and Safety Code,
§ 11362.7, as the same may be amended from time to
time.
PRIVATE RESIDENCE or RESIDENCE. A
house, apartment unit, mobile home or other similar
dwelling which is permitted by the city.
QUALIFYING PATIENT or QUALIFIED
PATIENT. Shall have the same meaning as set forth
in Cal. Health and Safety Code, § 11362.7, as the
same may be amended from time to time.
(Ord. MC-1466, passed 3-7-2018)
Cross-reference:
Building Codes, see Title 15, Chapters 15.04
and 15.05
§ 8.99.040 PERSONAL CULTIVATION OF
CANNABIS.
(A) Indoor cannabis cultivation and mixed-light
cannabis cultivation for personal use is permitted
within all private residential dwellings and accessory
structures to all private residential dwellings within all zoning districts, subject to all of the following
minimum standards.
(1) All indoor cannabis cultivation and
mixed-light cannabis cultivation for personal use,
including by a qualified patient or primary caregiver,
shall occur in a private residential dwelling or
accessory structure to a private residential dwelling, as those terms are defined in Chapter 19.02.
(2) No more than six cannabis plants may
be cultivated by either a qualified patient, primary
caregiver or an individual over 21 years old at each
private residential dwelling or accessory structure
regardless of the number of qualified patients or adults 21 and older who reside at such private residential
dwelling. Cultivation of more than six plants per
residential dwelling or accessory structure shall be
considered commercial cannabis activity, not personal
cultivation and shall be subject to all the requirements for commercial cannabis activity within this code.
(3) Medical cannabis shall only be
cultivated by:
(a) A qualified patient exclusively for
his or her own personal medical use but who does not
provide, donate, sell or distribute medical cannabis to any other person and who can provide a written
doctor’s recommendation to the city upon request; or
(b) A primary caregiver who
cultivates, possesses, stores, manufactures, transports, donates or provides medical cannabis exclusively for
the personal medical purposes of no more than five
specified qualified patients for whom he or she is the
primary caregiver, but who does not receive
remuneration for these activities except for
compensation in full compliance with Cal. Health and
Safety Code, § 11362.765(c).
(4) For persons other than qualified patients
or primary caregivers, all personal cultivation shall be conducted by persons 21 years of age or six cannabis
plants, regardless of the number of persons residing at the private residential dwelling.
(5) Written consent from all owners of the
property to cultivate cannabis within the residential
dwelling or in a fully enclosed and secure accessory
structure shall be obtained and shall be kept on the
property, and available for inspection by the Chief of
Police, or his or her designee, upon request. The
written consent shall only be valid for 12 months from
the signing of the consent.
(6) Cannabis cultivation of medical and
non-medical cannabis for personal use may occur
inside a private residential dwelling and/or an
accessory building or structure on the same parcel,
subject to the following restrictions.
(a) Structures and equipment used for
indoor cannabis cultivation and/or mixed-light
cannabis cultivation, such as indoor grow lights, shall comply with all applicable Zoning, Building, Electrical and Fire Code regulations, as adopted by the city.
(b) All accessory buildings and
structures used for indoor cannabis cultivation and/or
mixed-light cannabis cultivation shall comply with the
locational and other requirements set forth in Title 19.
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San Bernardino - Health and Safety272
(c) Personal cultivation of cannabis
shall not interfere with the primary occupancy of the
building or structure, including regular use of
kitchen(s) or bathroom(s).
(d) The use of generators to power any
cultivation equipment is prohibited.
(e) All property improvements, if any,
shall comply with the California Building, Electrical
and Fire Codes, as adopted by the city.
(f) Any fully enclosed and secure
structure or residence used for cannabis cultivation
shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the Building Code adopted by the city.
(g) No exterior evidence of cannabis
cultivation occurring at the property shall be
discernable from the public right-of-way.
(h) Nothing in this section is intended,
nor shall it be construed, to preclude any landlord
from limiting or prohibiting personal cultivation of
cannabis by tenants.
(i) Nothing in this section is intended,
nor shall it be construed, to authorize commercial
cultivation of cannabis.
(j) Nothing in this section is intended,
nor shall it be construed, to authorize any public or
private nuisance as specified in this code.
(k) The cultivation area shall be in a
locked space inaccessible to minors, visitors, vandals
or anyone not authorized to possess cannabis.
(7) The area of cultivation shall not
adversely affect the health or safety of the occupants
of the private residence or the parcel or any other
property by creating dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration, mold or other
impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes,
products or wastes.
(8) Cultivation shall not occur within any
private residential dwelling containing a daycare
center, as defined in Chapter 5.10.
(B) Outdoor cannabis cultivation (i.e., in the
open air) is prohibited within all zoning districts.
(C) It shall be unlawful for any person to engage
in personal cultivation without registering with the
city. The registration shall require the person engaging in personal cultivation to provide his or her name,
address, telephone number and any other information
determined necessary to protect the health, safety and
welfare of the residents and businesses of the city by
the City Manager, or his or her designee. The
registration may require the payment of a fee as set by resolution of the Mayor and City Council.
(Ord. MC-1466, passed 3-7-2018)
Cross-reference:
Building Codes, see Title 15, Chapters 15.04
and 15.05
§ 8.99.050 VIOLATIONS DECLARED A
PUBLIC NUISANCE.
Each and every violation of the provisions of this
chapter is deemed unlawful and a public nuisance and
may be summarily abated by the City Manager, Chief
of Police or designee of either of them. The city may
recover any nuisance abatement costs and/or
administrative fines relating to such violations in
accordance with Cal. Gov’t Code, §§ 38773.1 and
38773.5 in accordance with Chapter 8.30.
(Ord. MC-1466, passed 3-7-2018)
§ 8.99.060 EACH VIOLATION A SEPARATE
OFFENSE.
Each and every violation of this chapter shall
constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by
the city. Additionally, as a nuisance per se, any
violation of this chapter shall be subject to injunctive relief, disgorgement and payment to the city for any
monies unlawfully obtained, costs of abatement, costs
of investigation, attorneys’ fees and any other relief or remedy available at law or in equity.
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Personal Cultivation of Cannabis 273
(Ord. MC-1466, passed 3-7-2018)
§ 8.99.070 CRIMINAL PENALTIES.
Any person causing, permitting, aiding, abetting,
suffering or concealing a violation of this chapter shall be guilty of a misdemeanor, and may, in the discretion
of the City Attorney, be prosecuted as a misdemeanor
and, upon conviction, be subject to a fine not to
exceed $1,000 or imprisonment in the city or county
jail for a period of not more than six months, or by
both such fine and imprisonment. Each day a violation
is committed or permitted to continue shall constitute
a separate offense. The City Attorney, in his or her
sound discretion, may prosecute a violation of this
chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed
misdemeanor to an infraction. Any person convicted
of an infraction under the provisions of this chapter
shall be punished by a fine not exceeding $100 for the
first violation, a fine not exceeding $200 for a second violation within one year and a fine not exceeding
$500 for a third violation within one year. A fourth
violation of this chapter within one year shall be
charged as a misdemeanor and may not be reduced to
an infraction.
(Ord. MC-1466, passed 3-7-2018)
§ 8.99.080 REMEDIES CUMULATIVE AND
NOT EXCLUSIVE.
The remedies provided herein are not to be
construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by
law.
(Ord. MC-1466, passed 3-7-2018)
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TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
Chapter
ARTICLE I. OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT
9.04. IMPROPER USE OF CITY INSIGNIA
9.08. SOLICITING TORT CLAIMS
9.12. DISTURBING CITY BUSINESS
9.16. FALSE REPORTS
ARTICLE II. OFFENSES AGAINST THE PERSON
9.20. LEG-HOLD TRAPS
ARTICLE III. OFFENSES AGAINST PUBLIC DECENCY
9.28. OFFENSES AGAINST PUBLIC DECENCY
9.32. PUBLIC CONSUMPTION OF ALCOHOL
9.36. RESERVED
9.40. RESERVED
9.44. GAMES OF CHANCE
ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE
9.48. SOUND-MAKING OR SOUND-AMPLIFYING DEVICES
9.49. RECREATIONAL ACTIVITIES - SHOPPING CENTERS
ARTICLE V. OFFENSES AGAINST PROPERTY
9.52. TRESPASS
9.56. MOTOR VEHICLE TRESPASS
9.58. PRIVATE SURVEILLANCE EQUIPMENT
ARTICLE VI. CONSUMER PROTECTION
9.60. PROHIBITION AGAINST CERTAIN FORMS OF
AGGRESSIVE SOLICITATION
9.62. MEDIAN ISLAND SAFETY
9.64. FAKE SALES
ARTICLE VII. OFFENSES BY OR AGAINST MINORS
9.68. CURFEW - MINORS
9.69. DAYTIME LOITERING
9.70. PROTECTION OF MINORS
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ARTICLE VIII. WEAPONS
9.80. CONCEALED WEAPONS
9.84. PROJECTILES
9.90. AUTHORITY TO ARREST - CITATIONS
9.92. ADMINISTRATIVE CITATION PROCESS
9.93. ADMINISTRATIVE CIVIL PENALTIES
9.94. ADMINISTRATIVE HEARINGS AND APPEALS
ARTICLE IX. NARCOTICS AND GANGS
9.95. NARCOTICS AND GANG-RELATED CRIME EVICTION
PROGRAM
9.96. CRIME-FREE ZONES
9.97. REGULATION OF REGISTERED SEX OFFENDERS
9.98. PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE
HERBAL INCENSE AND OTHER SYNTHETIC DRUGS
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ARTICLE I. OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT CHAPTER 9.04: IMPROPER USE OF CITY INSIGNIA
Section
9.04.010 Unlawful use of official indicia
9.04.020 Private purpose defined
9.04.025 Use of the city seal
9.04.030 Violation - penalty
9.04.040 Penalty supplemental to other
penalties and remedies
§ 9.04.010 UNLAWFUL USE OF OFFICIAL
INDICIA.
It is unlawful for any officer or employee of the
city to knowingly or willfully use, or cause the use of, a copy or replica of the official seal of the city, the original or a copy or replica of the letterhead on city stationary or any other official indicia of the city or local city public office for any private or personal
purpose.
(Ord. MC-460, passed 5-15-1985; Ord. 3772, passed
11-9-1978)
§ 9.04.020 PRIVATE PURPOSE DEFINED.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
PRIVATE PURPOSE. Includes, but is not
limited to, the support or endorsement of or opposition to any candidate for a public office or the support or
endorsement of or opposition to any ballot measure,
initiative, referendum or any other matter voted upon
at a public election. Additionally, PRIVATE
PURPOSE has that meaning ascribed to it by judicial
decisions of courts of competent jurisdiction as such
term is distinguished from the term PUBLIC
PURPOSE.
(Ord. 3772, passed 11-9-1978)
§ 9.04.025 USE OF THE CITY SEAL.
The Mayor and Common
City Council may, by
written agreement, authorize the private use of the city seal or other city insignia when it is determined to be in the best interests of the city, and when it is
determined that the public will not be misled thereby.
(Ord. MC-969, passed 6-4-1996)
§ 9.04.030 VIOLATION - PENALTY.
Any person who violates any provision of this
chapter is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. MC-460, passed 5-15-1985; Ord. 3772, passed
11-9-1978)
§ 9.04.040 PENALTY SUPPLEMENTAL TO
OTHER PENALTIES AND REMEDIES.
The penalties imposed by the provisions of this
chapter shall be supplemental and in addition to any
other penalties or remedies which may be imposed or
provided by other laws or ordinances, such as
disciplinary action, removal from public office,
judicial order or judgment or other matter.
(Ord. 3772, passed 11-9-1978)
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CHAPTER 9.08: SOLICITING TORT CLAIMS
Section
9.08.010 Unlawful acts
9.08.020 Interpretations of provisions
9.08.030 Violation - penalty
§ 9.08.010 UNLAWFUL ACTS.
It is unlawful for any person to solicit
employment for himself or herself or for any other
person, either directly or through some other person
acting on his or her behalf, to prosecute, collect,
settle, compromise or to negotiate for the settlement,
compromise or collection of any tort claim, on behalf
of any tort claimant, in which he or she himself or
herself has no pecuniary interest arising from such
tort.
(Ord. 821, passed 8-9-1921; Ord. 1530, passed
7-3-1934)
§ 9.08.020 INTERPRETATIONS OF
PROVISIONS.
The provisions of this chapter shall not be
construed to prevent joint tort claimants from
negotiating with each other for the purpose of
combining respective claims or actions against the tort feasor.
(Ord. 821, passed 8-9-1921; Ord. 1530, passed
7-3-1934)
§ 9.08.030 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 § 1.12.010.
(Ord. 821, passed 8-9-1921; Ord. 1530, passed
7-3-1934; Ord. MC-460, passed 5-15-1985)
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CHAPTER 9.12: DISTURBING CITY BUSINESS
Section
9.12.010 Interference with city business
9.12.020 Reserved
9.12.030 Authority of Mayor or other
official
9.12.040 Remaining in municipal public
building when building closed a
misdemeanor
§ 9.12.010 INTERFERENCE WITH CITY
BUSINESS.
Every person, except officers or employees of
any governmental agency on official business, who
willfully interferes with the good order, lawful conduct or administration of any municipal program or activity
of the city, or with any city official in the performance of his or her duty, with the intent to disrupt, obstruct or to inflict damage to property or bodily injury upon
any person, is guilty of a misdemeanor or an infraction which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 821, passed 8-9-1921; Ord. 3038, passed
12-23-1969; Ord. MC-460, passed 5-15-1985; Ord.
MC-684, passed 11-22-1989)
§ 9.12.020 RESERVED.
[Reserved]
(Repealed by Ord MC-684, passed 11-22-1989)
§ 9.12.030 AUTHORITY OF MAYOR OR
OTHER OFFICIAL.
(A) The Mayor, or any officer or employee
designated by him or her or law to maintain order in
any building or facility owned or leased by the city,
may notify a person, except any officer or employee of
a governmental agency on official business, that
consent to remain in building or facility has been
withdrawn whenever there is reasonable cause to
believe that such person has willfully disrupted
conduct of activities of such building or facility and
may direct such person to identify himself or herself
and to leave the building.
(B) Any person who has been directed to leave
a city building or facility pursuant to division (A)
above shall identify himself or herself to the officer by providing his or her full name, address and date of
birth. Any person who refuses to identify himself or
herself or who fails to immediately leave such building or facility or who willfully and knowingly re-enters
such building or facility within 72 hours after being
directed to leave is guilty of a misdemeanor or an
infraction which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 821, passed 8-9-1921; Ord. 3038, passed
12-23-1969; Ord. MC-460, passed 5-15-1985; Ord.
MC-684, passed 11-22-1989; Ord. MC-971, passed
6-4-1996)
§ 9.12.040 REMAINING IN MUNICIPAL
PUBLIC BUILDING WHEN BUILDING
CLOSED A MISDEMEANOR.
(A) Any person, other than an authorized public
officer or employee acting within the course and scope
of his or her employment, who enters or remains in
any municipal building or facility with the knowledge
that such building or facility is closed to the public and who does not have the present consent of an official of the city for his or her presence in the building or
facility, is guilty of a mi sdemeanor or an infraction, which, upon conviction thereof, is punishable in
accordance with the provision of § 1.12.010.
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(B) For purposes of this section, the City Hall
shall be open to the public for the transaction of
business between the hours of 7:30 a.m. and 4:30
p.m. daily, except on Saturdays, Sundays and those
city holidays designated by resolution of the Mayor
and Common
City Council.
(C) Notwithstanding the foregoing provisions of
this section, regular meeting rooms of the City Hall
may be considered as open to the public during such
times as regularly or specially called or scheduled
meetings of the Mayor and Common
City Council, and
city boards, commissions and committees are called or
held; provided, however, that only that portion of the
City Hall shall be considered as open as is designated
by the city as necessary to provide reasonable ingress
and egress to the open and public meeting facilities;
and all other portions of the City Hall shall remain and be considered as closed; provided, further, that the
meeting facilities and access thereto and therefrom
shall be considered as closed after the expiration of
one-half hour from the time of the adjournment or
termination of the meeting.
(Ord. 821, passed 8-9-1921; Ord. 3520, passed
8-19-1975; Ord. 3920, passed 2-25-1980; Ord.
MC-460, passed 5-15-1985; Ord. MC-684, passed
11-22-1989)
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CHAPTER 9.16: FALSE REPORTS
Section
9.16.010 Prohibited acts
9.16.020 Violation - penalty
§ 9.16.010 PROHIBITED ACTS.
It is unlawful for any person to willfully make to
any police officer of the City Police Department any
false, misleading or unfounded oral or written
statement or report, knowing such statement or report
to be false, misleading or unfounded, for the purpose
of interfering with the operation of the Police
Department or with the intention of misleading such
police officer in the performance of his or her duties; provided, however, that this section is not applicable
to a false report that a felony or misdemeanor has been committed, as covered by the provisions of Cal. Penal
Code, § 148.5.
(Ord. 2003, passed 11-17-1953; Ord. 2664, passed
4-13-1965; Ord. MC-460, passed 5-15-1985)
§ 9.16.020 VIOLATION - PENALTY.
Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 2003, passed 11-17-1953; Ord. MC-460, passed
5-15-1985)
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ARTICLE II. OFFENSES AGAINST THE PERSON
CHAPTER 9.20: LEG-HOLD TRAPS
Section
9.20.010 Definition
9.20.020 Unlawful use
§ 9.20.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
LEG-HOLD TRAP. Any device, snare or
machine which shuts suddenly as with a spring,
holding the leg of an animal, except mouse traps and
rat traps.
(Ord. 3896, passed 1-9-1980)
§ 9.20.020 UNLAWFUL USE.
It is unlawful for any person, firm or corporation
to set or use any leg-hold trap within the city limits. (Ord. 3896, passed 1-9-1980)
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ARTICLE III. OFFENSES AGAINST PUBLIC DECENCY
CHAPTER 9.28: OFFENSES AGAINST PUBLIC DECENCY
Section
9.28.010 Urination and defecation
prohibited where
9.28.020 Masturbation prohibited where
9.28.030 Presence in public restroom
where person masturbating
prohibited
9.28.040 Violation - penalty
§ 9.28.010 URINATION AND DEFECATION
PROHIBITED WHERE.
It is unlawful for any person to urinate or defecate
in any public park, street, alley, highway, public
meeting, assembly or other public place, or in the
immediate neighborhood thereof and in view from the
same places; provided that this section shall not be
applicable to the act of urinating or defecating in a
proper receptacle in a restroom or bathroom in any
enclosed structure.
(Ord. 1657, passed 4-22-1941; Ord. 2552, passed
1-28-1964; Ord. MC-978, passed 8-6-1996)
§ 9.28.020 MASTURBATION PROHIBITED
WHERE.
It is unlawful for any person to masturbate in a
public restroom or other public place. In order to
establish the commission of the foregoing offense, it
shall not be necessary to prove that the accused had an orgasm or an emission.
(Ord. 1657, passed 4-22-1941; Ord. 2552, passed
1-28-1964)
§ 9.28.030 PRESENCE IN PUBLIC
RESTROOM WHERE PERSON
MASTURBATING PROHIBITED.
No person shall knowingly be present in any
public restroom where another person or persons are
masturbating.
(Ord. 1657, passed 4-22-1941; Ord. 2552, passed
1-28-1964)
§ 9.28.040 VIOLATION - PENALTY.
Any person or persons violating any provision of
this chapter is guilty of a misdemeanor or an infraction and, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 1657, passed 4-22-1941; Ord. 2552, passed
1-28-1964; Ord. MC-460, passed 5-15-1985; Ord.
MC-978, passed 8-6-1996)
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CHAPTER 9.32: PUBLIC CONSUMPTION OF ALCOHOL
Section
9.32.010 Definitions
9.32.015 Possession of open container,
presumption of consuming
alcohol
9.32.020 Consumption of alcoholic
beverage unlawful where
9.32.030 Offering or furnishing alcoholic
beverages for consumption
unlawful where
9.32.040 Exceptions to public consumption
9.32.050 Violation a menace to safety of
public
9.32.060 Violation - penalty
§ 9.32.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Includes alcohol,
spirits, liquor, wine, beer and every liquid or solid
containing alcohol, spirits, wine or beer, and which
contains 0.5% or more of alcohol by volume, and
which is fit for beverage purposes, either alone or
when diluted, mixed or combined with other
substances.
PUBLIC PARK, STREET, ALLEY, HIGHWAY
or OTHER PUBLIC PLACE . Refers only to those
public parks, streets, alleys, highways or other public places within the corporate limits of the city.
(Ord. 1554, passed 10-22-1935; Ord. 3867, passed
9-18-1979)
§ 9.32.015 POSSESSION OF OPEN
CONTAINER, PRESUMPTION OF
CONSUMING ALCOHOL.
For purposes of this chapter, any person
possessing an open container containing an alcoholic
beverage, and having an odor of alcoholic beverage on
the person’s breath, is presumed to be drinking or
consuming or attempting to drink or consume an
alcoholic beverage at the place where such person is
located. This presumption is a presumption affecting
the burden of producing evidence, as that term is used
in the Cal. Evidence Code, §§ 603 and 604.
(Ord. 3867, passed 9-18-1979; Ord. MC-352, passed
3-7-1984)
§ 9.32.020 CONSUMPTION OF ALCOHOLIC
BEVERAGE UNLAWFUL WHERE.
It is unlawful for any person or persons to drink
or consume, or attempt to drink or consume, any
alcoholic beverages while such person or persons are
in or upon any public park, street, alley, highway or
other public place, except in or upon those public
places where the drinking or consuming of alcoholic
beverages is expressly permitted by law.
(Ord. 1554, passed 10-22-1935)
§ 9.32.030 OFFERING OR FURNISHING
ALCOHOLIC BEVERAGES FOR
CONSUMPTION UNLAWFUL WHERE.
It is unlawful for any person or persons while in
or upon any public park, street, alley, highway or
other public place, except in or upon those public
places where the drinking or consuming of alcoholic
beverages is expressly permitted by law, to offer or
furnish or give, or cause to be offered or furnished or 15 Packet Page. 1000
San Bernardino - Public Peace, Morals and Welfare16
given, any alcoholic beverages to any other person or
persons with the intention that such other person or
persons shall drink or consume alcoholic beverages
while such other person or persons are in or upon any
public park, street, alley, highway or other public
place, except in or upon these public places where the
drinking or consumption of alcoholic beverages is
expressly permitted by law.
(Ord. 1554, passed 10-22-1935)
§ 9.32.040 EXCEPTIONS TO PUBLIC
CONSUMPTION.
The drinking or consumption and the offering,
giving or furnishing of alcoholic beverages may be
expressly permitted by written authorization from the
City Administrator, or his or her designee, in any
building, facility, park, street or other place owned,
leased, operated or under the management and control
of the city for special events, meetings, conferences or conventions; provided that such authorization shall be
requested in writing and if granted, shall be subject to conditions and all rules, regulations and ordinances of the city; and further, provided that such permit may be modified or summarily revoked at any time by the
Mayor, Council, City Administrator or Chief of Police
without notice or hearing.
(Ord. 1554, passed 10-22-1935; Ord. 3265, passed
5-5-1972; Ord. MC-207, passed 9-20-1982)
§ 9.32.050 VIOLATION A MENACE TO
SAFETY OF PUBLIC.
The violation of any of the provisions of
§§ 9.32.020 to 9.32.040 is and constitutes a menace to
the safety of the general public, injurious to the health, indecent, offensive to the senses and an obstruction to the use of public property so as to interfere with the
comfort and enjoyment of such public property by the
entire community and neighborhood and by a
considerable number of persons therein.
(Ord. 1554, passed 10-22-1935)
§ 9.32.060 VIOLATION - PENALTY.
Any person or persons violating any provisions of
this chapter is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 1554, passed 10-22-1935; Ord. MC-352, passed
3-7-1984; Ord. MC-460, passed 5-15-1985)
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CHAPTER 9.36: RESERVED
(Repealed by Ord. MC-165, passed 5-5-1982)
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CHAPTER 9.40: RESERVED
(Repealed by Ord. MC-65, passed 6-19-1981)
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CHAPTER 9.44: GAMES OF CHANCE
Section
9.44.010 Use of premises for certain
games unlawful
9.44.020 Playing certain games for money
unlawful
9.44.030 Violation - penalty
Statutory reference:
For provisions on gaming, see Cal. Penal Code,
§§ 330 et seq.
For provisions on lotteries, see Cal. Penal Code,
§§ 319 et seq.
§ 9.44.010 USE OF PREMISES FOR CERTAIN
GAMES UNLAWFUL.
It is unlawful for any person, either as principal,
agent, employee or otherwise, knowingly to permit
any house, room, apartment or place owned by him or
her or under his or her charge or control, to be used in whole or in part for playing, conducting, dealing or
carrying on therein any game of chance not mentioned
in the Cal. Penal Code, §§ 330 and 330a or other state
law, with cards, dice, billiard balls, pool balls, cues, pins, checkers, counters, quoits, beans, spindles,
tables, wheels or machines, or any other device,
contrivance or apparatus, for money, checks, chips,
credit or any other representative of value or for any
merchandise or any other thing of value.
(Ord. 536, passed 11-4-1913; Ord. 2643, passed
2-2-1965)
Statutory reference:
People v. Woodland (1956) 145 Cal. App. 2d
529, 531.
§ 9.44.020 PLAYING CERTAIN GAMES FOR
MONEY UNLAWFUL.
It is unlawful for any person to play or bet at or
against, or as owner or employee to open, deal, play,
carry on or conduct, any game of chance not
mentioned in the Cal. Penal Code, §§ 330 or 330a or
other state law, which is played, conducted, dealt or
carried on with cards, dice, billiard balls, pool balls, cues, pins, checkers, counters, quoits, beans, spindles, tables, wheels, machines or any other device,
contrivance or apparatus, for money, checks, chips,
credit or any other representative of value or for any
merchandise or any other thing of value.
(Ord. 536, passed 11-4-1913; Ord. 2643, passed
2-2-1965)
Statutory reference:
People v. Woodland (1956) 145 Cal. App. 2d
529, 531 and 532.
§ 9.44.030 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 § 1.12.010.
(Ord. 536, passed 11-4-1913; Ord. MC-460, passed
5-15-1985)
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ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE
CHAPTER 9.48: SOUND-MAKING OR SOUND-AMPLIFYING DEVICES Section
9.48.010 Definitions
9.48.020 Unlawful noises
9.48.030 Applicability
§ 9.48.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
LOUD AND RAUCOUS NOISE. Any sound or
any recording thereof when amplified or increased by
any electrical, mechanical or other device to such
volume, intensity or carrying power as to unreasonably
interfere with the peace and quiet of other persons
within or upon any one or more of such places or
areas, or as to unreasonably annoy, disturb, impair or
endanger the comfort, repose, health or safety of other persons within or upon any one or more of such places
or areas.
UNREASONABLY. Includes, but is not limited
to, consideration of the hour, place, nature and
circumstances of the emission or transmission of any
such loud and raucous noise.
(Ord. 821, passed 8-9-1921; Ord. 3858, passed
8-21-1979)
§ 9.48.020 UNLAWFUL NOISES.
It is unlawful for any person to cause, allow or
permit the emission or transmission of any loud or
raucous noise from any sound-making or
sound-amplifying device in his or her possession or
under his or her control:
(A) Upon any private property;
(B) Upon any public street, alley, sidewalk,
passageway or thoroughfare; or
(C) In or upon any public park or other public
place or property.
(Ord. 821, passed 8-9-1921; Ord. 3858, passed
8-21-1979)
§ 9.48.030 APPLICABILITY.
This chapter shall be applicable notwithstanding
any other provision of law and shall be in addition and supplemental to any other provision of law.
(Ord. 821, passed 8-9-1921; Ord. 3858, passed
8-21-1979)
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CHAPTER 9.49: RECREATIONAL ACTIVITIES - SHOPPING CENTERS Section
9.49.010 Definitions
9.49.020 Purpose and findings
9.49.030 Unlawful recreational activities
9.49.040 Permit for recreational activity
9.49.050 Violation - penalty
§ 9.49.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
RECREATIONAL ACTIVITY. Dancing,
including “break dancing” and any similar recreational
body or physical movements performed with or
without the accompaniment of music, whether
performed alone or by couples or groups, and other
activities which attract spectators as an amusement or
recreational audience or which are done as an
exhibition or contest.
REGIONAL SHOPPING CENTER. The Inland
Shopping Center or the Central City Mall in the City
of San Bernardino.
(Ord. MC-355, passed 3-22-1984)
§ 9.49.020 PURPOSE AND FINDINGS.
(A) It is the purpose of this chapter to permit the
free passage of pedestrians in, and the unobstructed
use of, regional shopping centers.
(B) It is found that the following apply.
(1) Regional shopping centers exist for the
primary purpose of providing places for stores to sell
merchandise or services to persons who wish to obtain
such merchandise or services.
(2) Such shopping centers are also visited
by persons who are not transacting any business there,
but who are engaging in recreational activities as
defined herein.
(3) Such recreational activities attract
crowds of people which obstruct access to store
entrances, impede the movement of pedestrians on
stairs and passageways, harass and annoy shoppers on
the premises, monopolize seating, damage landscaping
and interfere with the conduct of legitimate businesses. (4) The city is expending public funds to
maintain the vitality of commerce within the
community and derives a large portion of its revenues
from taxes on commercial activity.
(5) The public areas of the Central City
Mall are subject to contractual rights and
non-exclusive easements for the benefit of the private
property owners within the mall.
(Ord. MC-355, passed 3-22-1984)
§ 9.49.030 UNLAWFUL RECREATIONAL
ACTIVITIES.
Except as authorized by permit, it is unlawful for
any person or persons to engage in any recreational
activity, as defined in § 9.49.010, whether performed
alone or with another person or persons upon any
public area or passageway of the enclosed area of any
regional shopping center during the business hours of
any commercial activity in such regional shopping
center.
(Ord. MC-355, passed 3-22-1984)
§ 9.49.040 PERMIT FOR RECREATIONAL
ACTIVITY.
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Recreational or related activities, as defined
herein, shall be authorized by a permit, and the City
Administrator, or his or her designee, is authorized to issue permits for such recreational activities on any
public area or passageway of the enclosed area of any
regional shopping center upon completion and filing of
an application on an approved city form. A permit
shall be issued within three business days after
receiving the application therefor upon the same terms
and conditions as those imposed on any other user of
the facilities and subject to comparable requirements
contained in § 5.40.060(D), (E), (F), (G) or (K)
relating to solicitations and upon other reasonable
conditions as to time, place and manner.
(Ord. MC-355, passed 3-22-1984)
§ 9.49.050 VIOLATION - PENALTY.
Any person violating any of the provisions of
Chapter 9.48 and this chapter shall be deemed guilty
of an infraction, and, upon conviction thereof, shall be punished by a fine not exceeding the amounts set forth
in § 1.12.030(B).
(Ord. MC-355, passed 3-22-1984)
Packet Page. 1011
ARTICLE V. OFFENSES AGAINST PROPERTY
CHAPTER 9.52: TRESPASS
Section
9.52.010 Definition
9.52.020 Unlawful trespass
9.52.030 Applicability
9.52.040 Posted boundary
9.52.050 Tearing down posted sign a
misdemeanor when
9.52.060 Reserved
9.52.070 Remaining in certain places
without consent of owner an
infraction when - exception
9.52.080 Violation - penalty
Statutory reference:
For provisions on trespassing, see Cal. Penal
Code, §§ 602 and 602.5.
§ 9.52.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
POSTED PROPERTY. Any property, at each
corner of which and at each entrance to which, and
when at intervals of not more than 600 feet along or
near the boundary thereof, and not less than three feet nor more than six feet above the normal ground level
thereof, there is a sign of wood, metal or other
material, the face of which is not less than two square feet in area, and upon which in legible letters, not less than three inches in height, either black against a white background or white against a black background,
appear the words “no trespassing,” which sign may
contain, in addition to said words, such other words as may be desired.
(Ord. 1645, passed 8-20-1940)
§ 9.52.020 UNLAWFUL TRESPASS.
It is unlawful for any person to enter into, upon,
go across or remain in or upon the posted property of
another without having upon his or her person the
express written consent of the owner, tenant or person, firm or corporation in lawful possession or control
thereof, if such property is used for or designed to be used for any one or more of the following purposes:
the storage of dynamite, giant powder, gun powder or
any inflammable or explosive substance; every
railroad bridge, railroad tunnel, railroad track, railroad rights-of-way, railroad shops and railroad stations;
every reservoir, dam, pumping station, power plant,
generating plant, receiving station, distributing station and transmission line of any company or agency
furnishing electrical energy; generating plant,
compressor plant, gas holder, gas tank and gas main
used for the production, storage and distribution of
gas; every plant or vital part thereof essential to
rendering telephone or telegraph service; every radio
broadcasting plant and station; tanks and reservoirs
used for the bulk treatment, bulk handling or bulk
storage of petroleum or petroleum products; all public
utility property; industrial plants; and any and all
mechanical shops or businesses that are connected with
the national defense or preparedness program; and any
27 Packet Page. 1012
San Bernardino - Public Peace, Morals and Welfare28
and all uses appurtenant or incident to any of the
specified uses described in this section.
(Ord. 1645, passed 8-20-1940)
§ 9.52.030 APPLICABILITY.
This chapter does not apply to any entry in the
course of duty of any duly authorized public officer,
nor does it apply to the lawful use of any public
highway, road or street, nor shall this chapter be so
construed to prohibit the use of the public highways,
roads or streets for the purpose of picketing.
(Ord. 1645, passed 8-20-1940)
§ 9.52.040 POSTED BOUNDARY.
The posted boundary of any area shall be a line
running from sign to sign, and such line need not
conform to the legal description of any lot, parcel or
acreage of land.
(Ord. 1645, passed 8-20-1940)
§ 9.52.050 TEARING DOWN POSTED SIGN A
MISDEMEANOR WHEN.
Every person is guilty of a misdemeanor who,
without permission, tears down, defaces or destroys,
or causes to be torn down, defaced or destroyed, any
sign so placed or posted under the provisions of this
chapter.
(Ord. 1645, passed 8-20-1940)
§ 9.52.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
§ 9.52.070 REMAINING IN CERTAIN PLACES
WITHOUT CONSENT OF OWNER AN
INFRACTION WHEN - EXCEPTION.
(A) It is unlawful for any person, other than a
public officer or employee acting within the course
and scope of his or her employment, to enter or
remain upon any motor vehicle parking lot, motor
vehicle parking structure or facility, drive-in property, shopping center property or any other place or
property open to the public, without the implied or
express consent of the owner, his or her agent or
person in lawful possession thereof, or with the
knowledge that such consent has been withdrawn.
(B) This section shall not apply in any of the
following instances:
(1) Where its application is directly related
to an act prohibited by the Unruh Civil Rights Act or
other law relating to prohibited discrimination against any person on account of sex, color, race, religion,
creed, ancestry or national origin;
(2) Where its application involves or is
directly related to an act prohibited by the Cal. Penal Code, § 365 or other law relating to the duties of
innkeepers or common carriers; or
(3) Where the property described in
division (A) above is owned, leased or operated by the
city or any other public entity and is open to the public and the application of this section would result in an
interference with or inhibition of the exercise of a
constitutionally protected right of freedom of speech;
provided the exercise of such right does not involve
prohibited conduct, including, but not limited to,
conduct prohibited by the Cal. Penal Code, §§ 647(2)
or 415 or any law or ordinance relating to the
Packet Page. 1013
Trespass 29
obstruction of any street, sidewalk or other public
place or place open to the public.
(Ord. 821, passed 8-9-1921; Ord. 3465, passed
12-17-1974; Ord. MC-460, passed 5-15-1985)
Statutory reference:
Unruh Civil Rights Act, see Cal. Civil
Code, § 51
§ 9.52.080 VIOLATION - PENALTY.
Any person who violates any provision of this
chapter is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. MC-460, passed 5-15-1985)
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San Bernardino - Public Peace, Morals and Welfare30
Packet Page. 1015
CHAPTER 9.56: MOTOR VEHICLE TRESPASS
Section
9.56.010 Prohibited acts
§ 9.56.010 PROHIBITED ACTS.
(A) It is unlawful for any person to drive a
motorcycle or a motor driven vehicle or any other
motor vehicle on any lands under cultivation or
enclosed by a fence, belonging to or occupied by
another, or to drive such motor vehicle on any
uncultivated or unenclosed land where signs forbidding
trespass are displayed at intervals not greater than
one-third of a mile along all exterior boundaries and
along all roads and trails entering such lands, without having and, upon request of a peace officer, displaying written permission from the owner of such lands, or
his or her agent, or the person in lawful possession
thereof; provided, however, that this section does not
apply to persons having visible or lawful business with the owner, agent or person in lawful possession. Such
signs forbidding trespass may be of any size and
wording which will fairly advise persons that the use
of the land is so restricted.
(B) Any person so driving a motorcycle or a
motor driven vehicle or any other motor vehicle on
such lands who has knowledge, actual or constructive,
that trespass signs have previously been so displayed
and have been removed or destroyed without the
consent of the owner of such lands, his or her agent or the person in lawful possession thereof shall be in
violation of this section even though the trespass signs are not then in place.
(Ord. 821, passed 8-9-1921; Ord. 3095, passed
8-11-1970; Ord. MC-460, passed 5-15-1985)
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San Bernardino - Public Peace, Morals and Welfare32
Packet Page. 1017
CHAPTER 9.58: PRIVATE SURVEILLANCE EQUIPMENT
Section
9.58.010 Purpose
9.58.020 Private surveillance equipment
9.58.030 Location of private surveillance
equipment
9.58.040 Positioning of private
surveillance equipment
9.58.050 Penalty
9.58.060 Severability
§ 9.58.010 PURPOSE.
This chapter is intended to prohibit intrusion upon
the privacy of citizens in the use of residential
property, without impairing the rights of other citizens to protect their own property through the use of
private surveillance equipment.
§ 9.58.020 PRIVATE SURVEILLANCE
EQUIPMENT.
As used in this chapter, private surveillance
equipment includes any device used by a private party
that enables the user to observe or record the activities of, or hear or intercept the communications of, other
persons.
§ 9.58.030 LOCATION OF PRIVATE
SURVEILLANCE EQUIPMENT.
No private surveillance equipment, as defined in
§ 9.58.020, shall be located on any property that the
owner of the equipment does not own or have the legal
right to possess.
§ 9.58.040 POSITIONING OF PRIVATE
SURVEILLANCE EQUIPMENT.
(A) No private surveillance equipment shall be
positioned in such a way as to intrude upon the privacy of the occupier(s) of any residential property other
than the user’s property.
(B) Circumstances in which such an intrusion
shall be deemed to occur are any one or more of the
following:
(1) The equipment is positioned so as to
enable the user to observe, or to receive or capture a
visual image of any part of the other property that is
not readily visible from the public right-of-way;
(2) The equipment is positioned so as to
enable the user to hear or intercept communications
occurring on the other property that is not readily
audible from outside the property without artificial
amplification;
(3) The equipment is positioned so as to
maintain under continual surveillance any part of the
other property, whether or not that part of the property is visible from the public right-of-way. As used in this provision, CONTINUAL SURVEILLANCE means
any surveillance that lasts for more than 30 seconds at a time;
33 Packet Page. 1018
San Bernardino - Public Peace, Morals and Welfare34
(4) The equipment is positioned in such a
way that the surveillan ce it provides is primarily
surveillance of the other property and not of the user’s property; and
(5) Any other circumstance in which the use
of the equipment constitutes:
(a) Intrusion into a private place,
conversation or matter; and
(b) In a manner highly offensive to a
reasonable person.
Statutory reference:
Shulman v. Group W Productions, Inc. (1998) 18
Cal. 4th 200, 231, 74 Cal. Rptr. 2d 843, 955
P. 2d 469.
§ 9.58.050 PENALTY.
A violation of this chapter is a misdemeanor or an
infraction and is punishable under Chapter 1.12 or
Chapter 9.93 or under both of those chapters.
§ 9.58.060 SEVERABILITY.
The provisions of this chapter are severable, and
if any provision is held to be invalid, the validity of the remaining provisions shall not be affected.
(Ord. MC-1314, passed 9-22-2009)
Packet Page. 1019
CHAPTER 9.60: PROHIBITION AGAINST CERTAIN FORMS OF
AGGRESSIVE SOLICITATION
Section
9.60.010 Definitions
9.60.020 Aggressive solicitation prohibited
9.60.030 All solicitation prohibited at
specified locations
9.60.040 Penalty
9.60.050 Severability
9.60.060 Saving clause
9.60.070 Non-exclusivity
§ 9.60.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
PUBLIC PLACE. A place to which the public or
a substantial group of persons has access, and
includes, but is not limited to, any street, highway,
sidewalk, parking lot, plaza, transportation facility,
school, place of amusement, park, playground and any
doorway, entrance, hallway, lobby and other portion
of any business establishment, an apartment house or
hotel not constituting a room or apartment designed for actual residence.
SOLICIT, ASK or BEG. Using the spoken,
written or printed word, or bodily gestures, signs or
other means, with the purpose of obtaining an
immediate donation of money or other thing of value
or soliciting the sale of goods or services.
§ 9.60.020 AGGRESSIVE SOLICITATION
PROHIBITED.
(A) No person shall solicit, ask or beg in an
aggressive manner in any public place.
(B) AGGRESSIVE MANNER shall mean any of
the following:
(1) Approaching or speaking to a person, or
following a person before, during or after soliciting,
asking or begging, if that conduct is intended or is
likely to cause a reasonable person to:
(a) Fear bodily harm to oneself or to
another, damage to or loss of property; or
(b) Otherwise be intimidated into
giving money or other thing of value.
(2) Intentionally touching or causing
physical contact with another person or an occupied
vehicle without that person’s consent in the course of
soliciting, asking or begging;
(3) Intentionally blocking or interfering
with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive action to avoid physical contact;
35 Packet Page. 1020
San Bernardino - Public Peace, Morals and Welfare36
(4) Using violent or threatening gestures
toward a person solicited either before, during or after soliciting, asking or begging;
(5) Persisting in closely following or
approaching a person, after the person solicited has
been solicited and informed the solicitor by words or
conduct that such person does not want to be solicited
or does not want to give money or any other thing of
value to the solicitor; or
(6) Using profane, offensive or abusive
language which is inherently likely to provoke an
immediate violent reaction, either before, during or
after solicitation.
§ 9.60.030 ALL SOLICITATION PROHIBITED
AT SPECIFIED LOCATIONS.
(A) Banks and ATMs.
(1) Prohibition. No person shall solicit, ask
or beg within 15 feet of any entrance or exit of any
bank, savings and loan association, credit union or
check cashing business during its business hours or
within 15 feet of any automated teller machine during
the time it is available for customers’ use. Provided,
however, that when an automated teller machine is
located within an automated teller machine facility,
such distance shall be measured from the entrance or
exit of the automated teller machine facility. Provided, further, that no person shall solicit, ask or beg within an automated teller machine facility where a
reasonable person would or should know that he or she
does not have the permission to do so from the owner
or other person lawfully in possession of such facility.
Nothing in this division (A) shall be construed to
prohibit the lawful vending of goods and services
within such areas.
(2) Definitions. For the purpose of this
section, the following definitions shall apply unless the context clearly indicates or requires a different
meaning.
AUTOMATED TELLER MACHINE.
Any electronic information processing device which
accepts or dispenses cash in connection with a credit,
deposit or convenience account.
AUTOMATED TELLER MACHINE
FACILITY. The area comprised of one or more
automated teller machines, and any adjacent space
which is made available to banking customers after
regular banking hours.
BANK. Any member bank of the
Federal Reserve System, and any bank, banking
association, trust company, savings bank or other
banking institution organized or operated under the
laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance
Corporation.
CHECK CASHING BUSINESS. Any
person duly licensed as a check seller, bill payer or
prorater, pursuant to the Cal. Financial Code, Division 3, commencing with § 12000.
CREDIT UNION. Any federal credit
union and any state chartered credit union the accounts of which are insured by the administrator of the
National Credit Union Administration.
SAVINGS AND LOAN
ASSOCIATION. Any federal savings and loan
association and any insured institution, as defined in § 401 of the National Housing Act, as amended, and any
federal credit union, as defined in § 2 of the Federal
Credit Union Act.
(3) Exemptions. The provisions of this
division (A) shall not apply to any unenclosed
automated teller machine located within any building,
structure or space whose primary purpose or function
is unrelated to banking activities, including, but not
limited to, supermarkets, airports and school
buildings; provided that such automated teller machine
shall be available for use only during the regular hours
Packet Page. 1021
Prohibition Against Certain Forms of Aggressive Solicitation 37 of operation of the building, structure or space in
which such machine is located.
(B) Motor vehicles and parking lots.
(1) Motor vehicles. No person shall
approach an operator or occupant of a motor vehicle
for the purpose of soliciting, asking or begging while
such vehicle is located in any public place.
(2) Parking lots.
(a) No person shall solicit, ask or beg
in any public parking lot or structure any time after
dark.
(b) AFTER DARK means any time
from one-half hour after sunset to one-half hour before sunrise.
(3) Exemptions. This division (B) shall not
apply to any of the following:
(a) Solicitations related to business
which is being conducted on the subject premises by
the owner or lawful tenants;
(b) Solicitations related to the lawful
towing of a vehicle; or
(c) Solicitations related to emergency
repairs requested by the operator or other occupant of
a vehicle.
(C) Public transportation vehicles.
(1) PUBLIC TRANSPORTATION
VEHICLE shall mean any vehicle, including a trailer
bus, designed, used or maintained for carrying ten or
more persons, including the driver; or a passenger
vehicle designed for carrying fewer than ten persons,
including the driver, and used to carry passengers for
hire.
(2) Any person who solicits, asks or begs in
any public transportation vehicle is guilty of a
violation of this section.
Statutory reference:
Federal Credit Union Act, see 12 U.S.C. § 1752
§ 9.60.040 PENALTY.
A violation of this chapter is punishable as a
misdemeanor or infraction, chargeable at the City
Attorney’s discretion.
§ 9.60.050 SEVERABILITY.
The provisions of this chapter are declared to be
separate and severable. The invalidity of any clause,
sentence, paragraph, division, section or portion of
this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the
validity of the remainder of this chapter, or the
validity of its application to other persons or
circumstances.
§ 9.60.060 SAVING CLAUSE.
Should this chapter be stricken, enjoined or
suspended by any court of law, the provisions of
§ 5.04.360, which were made inoperable by this
chapter, will be automatically reenacted as of the date this chapter was stricken, enjoined or suspended.
§ 9.60.070 NON-EXCLUSIVITY.
Nothing in this chapter shall limit or preclude the
enforcement of other applicable laws.
(Ord. MC-1186, passed 10-5-2004)
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San Bernardino - Public Peace, Morals and Welfare38
Packet Page. 1023
CHAPTER 9.62: MEDIAN ISLAND SAFETY
Section
9.62.010 Declaration of purpose of median
islands
9.62.020 Definitions
9.62.030 Prohibition of lingering,
solicitation or loitering on median
islands
9.62.040 Signs or other objects prohibited
9.62.050 Distribution or exchange of
objects prohibited
9.62.060 Exceptions
9.62.070 Violation
9.62.080 Severability
Editor’s note:
This chapter is added by Ord. MC-1419,
passed 12-7-2015.
§ 9.62.010 DECLARATION OF PURPOSE OF
MEDIAN ISLANDS.
The City Council declares the purpose of median
islands within city streets is as follows:
(A) To promote safety by separation vehicular
traffic traveling in one direction from vehicular traffic traveling in the opposite direction;
(B) To promote safety by providing a place of
safety and respite for pedestrians while crossing city
streets at intersections and other approved crossings,
particularly for the elderly and disabled who may need
additional time to safely cro ss city streets that traffic signals allow; and
(C) To improve the visual appeal of city streets.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
LINGER. Remaining in a median island longer
than two traffic signal cycles, except in an emergency.
LOITERING. Standing or lingering in a median
island for any purpose other than to safely and
lawfully cross the street, except in an emergency.
MEDIAN ISLAND. A paved or planted area
separating a street or highway, into two or more lanes
or directions of travel, excluding transit stations that are situated between lanes of travel.
SOLICIT. Any request made in person seeking an
immediate request for or donation of money, food,
cigarettes or any other items of value, or for the
purchase of an item for an amount far exceeding its
value, under circumstances where a reasonable person
would understand that the purchase is in substance a
donation. SOLICIT also means any verbal request, or
any non-verbal request made with a sign, by a person
seeking an immediate donation of money, food,
cigarettes or any other items of value or the request
that items be purchased for any goods, wares or
merchandise or any article to be delivered in the
future, or for services to be performed in the future, or for making, manufacturing or repairing any article
whatsoever for future delivery, or for subscriptions to periodicals or tickets of admission to entertainments or memberships in any clubs.
(Ord. MC-1419, passed 12-7-2015)
39 Packet Page. 1024
San Bernardino - Public Peace, Morals and Welfare40
§ 9.62.030 PROHIBITION OF LINGERING,
SOLICITATION OR LOITERING ON MEDIAN
ISLANDS.
It shall be unlawful for any person to linger,
solicit or loiter on a median island within the city.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.040 SIGNS OR OTHER OBJECTS
PROHIBITED.
No person shall bring any sign, material or other
object on the median island that will obstruct any
traffic signal light or extend into a traffic lane or
obscure any traffic sign on a median island. No
person, sign, material or other object on the median
island shall obstruct any traffic signal light or extend into a traffic lane or obstruct a traffic sign on such a median island.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.050 DISTRIBUTION OR EXCHANGE
OF OBJECTS PROHIBITED.
No person, while standing on a median island or
by stepping off a median island, shall exchange any
object with an occupant of a motor vehicle.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.060 EXCEPTIONS.
(A) This chapter shall not apply to freeway
oriented solicitation prohibited by Cal. Vehicle Code,
§ 22520.5.
(B) This chapter shall not apply to those persons
occupying a median while conducting activities related
to maintenance, surveying, construction, landscape
maintenance, landscape improvements, law
enforcement, responding to an emergency or as
otherwise permitted by law.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.070 VIOLATION.
A violation of this chapter is an infraction or
misdemeanor, punishable in accordance with
§ 1.12.010. In addition, the City Attorney shall also
have the power to see injunctive relief for any
violation of this chapter.
(Ord. MC-1419, passed 12-7-2015)
§ 9.62.080 SEVERABILITY.
If any section, division, sentence, clause, phrase
or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
The City Council declares that it would have adopted
this chapter, and each section, division, sentence,
clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, divisions,
sentences, clauses, phrases or portions thereof be
declared invalid or unconstitutional.
(Ord. MC-1419, passed 12-7-2015)
Packet Page. 1025
CHAPTER 9.64: FAKE SALES
Section
9.64.010 Defined
9.64.020 Unlawful acts
9.64.030 Violation - penalty
§ 9.64.010 DEFINED.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
FAKE SALE.
(1) The sale of goods, wares or
merchandise at auction or otherwise to agents or other
persons purchasing the same for or on behalf of the
owner or other person interested in the sale thereof;
(2) The sale of goods, wares or
merchandise or the offering of goods, wares or
merchandise for sale in limited quantity or quantities
of less than the full amount of such merchandise
owned or carried in stock by the person, firm or
corporation offering the same for sale;
(3) The offering for sale of goods, wares or
merchandise of a different quality, brand or bearing a
different trademark as a substitute for merchandise
previously advertised for sale;
(4) The sale of any goods, wares or
merchandise misrepresented as to quantity or quality
or otherwise; and
(5) The sale or offering for sale of any
goods, wares and merchandise transported or brought
into the city, or not constituting the original legitimate stock of goods, wares and merchandise of a place of
business within the city, as the original and legitimate stock of goods, wares and merchandise of such place
of business, at a bankrupt, insurance, mortgage,
insolvency, assignee’s, receiver’s, trustee’s,
creditor’s, executor’s or administrator’s forced
removal or closing-out sale, or the sale of goods
damaged by fire, smoke or water or otherwise, in the
city. Nothing in this section shall be deemed to
prevent, nor shall it be considered unlawful, to sell the original stock of goods, wares and merchandise of
such place of business at a bankrupt, insurance,
mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s or administrator’s forced
removal or closing-out sale, but the bringing of new
stock into the city or the adding of new stock to such
original stock of goods, wares and merchandise and
selling or offering to sell such new stock or added
stock as the original stock of such goods, wares and
merchandise at the place of business at any of the sales described above, is unlawful and a fake sale within the meaning of this chapter.
(Ord. 1492, passed 6-21-1932)
§ 9.64.020 UNLAWFUL ACTS.
It is unlawful for any person, firm or corporation
to conduct, make or advertise any fake sale of goods,
wares or merchandise within the city.
(Ord. 1492, passed 6-21-1932)
§ 9.64.030 VIOLATION - PENALTY.
Any person, firm or corporation violating any
provision of this chapter, or doing any act declared to be unlawful in this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 1492, passed 6-21-1932; Ord. MC-460, passed
5-15-1985)
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San Bernardino - Public Peace, Morals and Welfare42
Packet Page. 1027
ARTICLE VII. OFFENSES BY OR AGAINST MINORS
CHAPTER 9.68: CURFEW - MINORS
Section
9.68.010 Definitions
9.68.020 Offenses
9.68.030 Defenses
9.68.040 Enforcement
9.68.050 Penalties
9.68.060 Cost recovery
§ 9.68.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CURFEW HOURS.
(1) 11:00 p.m. on any Sunday, Monday,
Tuesday, Wednesday or Thursday until 6:00 a.m. of
the following day;
(2) 12:01 a.m. until 6:00 a.m. on any
Saturday or Sunday; and
(3) The period from 8:00 p.m. on the
evening of the city’s sponsored Market Night(s), until
6:00 a.m. the following day, within the Market Night
outdoor area and all public property located within 20
feet of the Market Night outdoor area. For purposes of
this chapter, the MARKET NIGHT OUTDOOR
AREA is defined as that portion of Perris Hill Park,
located between the Flood Control Channel and Perris
Hill Park Road on the west and Elks Drive on the east,
between Highland Avenue on the north and all of the
small mountain known as Perris Hill on the south,
located west of an imaginary line extended due south
over said Perris Hill from the point where the
southernmost end of Elks Drive becomes a private
road, to the foot of Perris Hill on said hill’s south side and extending to Perris Hill Park Road.
EMERGENCY. An unforeseen combination of
circumstances or the resulting state that calls for
immediate action. The term includes, but is not limited to, a fire, a natural disaster or automobile accident, or any situation requiring immediate action to prevent
great bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place
of business operated for a profit to which the public is invited, including, but not limited to, any place of
amusement or entertainment.
GREAT BODILY INJURY. Bodily injury that
creates a significant or substantial physical injury.
GUARDIAN.
(1) A person who, under court order, is the
guardian of the person of a minor; or
(2) A public or private agency with whom
a minor has been placed by a court.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association,
partnership or corporation operating, managing or
conducting any establishment. The term includes the
members or partners of an association or partnership
and the officers of a corporation.
PARENT. A person who is:
(1) A natural parent, adoptive parent or
step-parent of another person; or
43 Packet Page. 1028
San Bernardino - Public Peace, Morals and Welfare44
(2) At least 18 years of age and authorized
by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public
or a substantial group of the public has access and
includes, but is not limited to, streets, sidewalks,
highways and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
REMAIN. To:
(1) Linger or stay; or
(2) Fail to leave premises when requested
to do so by a police officer or the owner, operator or
other person in control of the premises.
(Ord. 1915, passed 5-22-1951; Ord. MC-866, passed
4-6-1993; Ord. MC-995, passed 6-17-1997; Ord.
MC-1224, passed 5-16-2006)
§ 9.68.020 OFFENSES.
(A) A minor commits an offense if he or she
remains in any public place or on the premises of any
establishment within the city during curfew hours.
(B) A parent or guardian of a minor commits an
offense if he or she knowingly permits or, by
insufficient control, allows the minor to remain in any public place or on the premises of any establishment
within the city during curfew hours.
(C) The owner, operator or any employee of an
establishment commits an offense if he or she
knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995,
passed 6-17-1997)
§ 9.68.030 DEFENSES.
(A) It is a defense to prosecution under
§ 9.68.020 that the minor was:
(1) Accompanied by the minor’s parent or
guardian;
(2) On an errand at the direction of the
minor’s parent or guardian, without any detour or
stop;
(3) In a motor vehicle involved in interstate
travel;
(4) Engaged in an employment activity, or
going to or returning home from an employment
activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s
residence or abu tting the residence of a next-door
neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious or
other recreational activity supervised by adults and
sponsored by the city, a civic organization or another
similar entity that takes responsibility for the minor, or going to or returning home from, without any detour
or stop, an official school, religious or other
recreational activity supervised by adults and
sponsored by the city, a civic organization or another
similar entity that takes responsibility for the minor; (8) Exercising First Amendment rights
protected by the U.S. and California Constitutions,
such as the free exercise of religion, freedom of
speech and the right of assembly; or
(9) Married or had been married or had
disabilities of minority removed in accordance with
Cal. Family Code, § 7002.
(B) It is a defense to prosecution under
§ 9.68.020(C) that the owner, operator or employee of
an establishment promptly notified the Police
Department that a minor was present on the premises
of the establishment during curfew hours and refused
to leave.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995,
passed 6-17-1997)
Packet Page. 1029
Curfew - Minors 45
§ 9.68.040 ENFORCEMENT.
Before taking any enforcement action under this
section, a police officer shall ask the apparent
offender’s age and reason for being in the public
place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based
on any response and other circumstances, no defense
in § 9.68.030 is present.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995,
passed 6-17-1997)
§ 9.68.050 PENALTIES.
A person who violates a provision of this chapter
is guilty of a separate offense for each day or part of a day during which the violation is committed,
continued or permitted. Each violation of this chapter
is a misdemeanor.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995,
passed 6-17-1997)
§ 9.68.060 COST RECOVERY.
(A) Pursuant to the authority of the Cal. Welfare
and Institutions Code, § 625.5, and when based on a
finding of civil liability or a criminal conviction for a subsequent violation of § 9.68.020, when a minor
under 18 years of age is detained for a period of time
in excess of one hour for a violation of § 9.68.020 and said detention requires the supervision of the minor by employee(s) of the San Bernardino
City Police
Department, the parent(s) or legal guardian(s) having
custody or control of said minor shall be jointly and
severally liable for the cost of providing said
supervision and transportation for that minor; provided that they shall have first received a written warning for a first violation of § 9.68.020, indicating that recovery of administrative and transportation costs may be
sought upon a second violation. Such costs sought
shall be based upon the “San Bernardino Police
Department Extraordinary Law Enforcement Fee Rate
Schedule.” Cal. Welfare and Institutions Code, §
625.5(d) mandates parents or legal guardians to sign
and return the warning notification for any such first
offense of § 9.68.020 committed by any minor. A
space will be provided for the explanation of any
circumstances relevant to an applicable exemption
from the fee as provided by Cal. Welfare and
Institutions Code, § 625.5(e).
(B) As determined by the Chief of Police, or his
or her designee, the minor, the parent(s) or legal
guardian(s) of a minor violating § 9.68.020 may be
assessed and billed for the cost of providing personnel for services relating to the detention, processing or
supervision of the minor beyond those services
normally provided by the Police Department. The
Chief of Police, or his or her designee, may waive
payment of all or part of the charges if the
determination is made that the person has made
reasonable efforts to exercise the Supervision and
control over the minor; if the determination is made
that neither the minor, the parent(s) or the guardian(s) have the ability to pay the charges; if the determination is made to allow the performance of community
service in lieu of imposition of the fee or if the
determination is made that the parent(s); or legal
guardian(s) have limited physical or legal custody and
control of the minor.
(C) Any person receiving a bill for police
services pursuant to this section may, within ten days
after the date of the bill, file a written appeal with the City Clerk. Any billing sent pursuant to this section
shall notify the billed party of the right to appeal said charges. The city official designated by the Mayor, or
his or her designee, shall hear such appeal as the
hearing officer. Such hearing shall be informal and
shall not be bound by the formal rules of evidence.
The hearing officer may waive payment of the charges
in full or in part upon a finding of good cause. Within 30 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The
requirement to pay the charges shall be stayed during
the pendency of the appeal if the appeal is denied in
part or in full, all amounts due to the city shall be paid within 30 days of the notice of the decision of the
hearing officer.
(Ord. 1915, passed 5-22-1951; Ord. MC-460, passed
5-15-1985; Ord. MC-866, passed 4-6-1993; Ord.
MC-967, passed 5-21-1996; Ord. MC-995, passed
6-17-1997)
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San Bernardino - Public Peace, Morals and Welfare46
Packet Page. 1031
CHAPTER 9.69: DAYTIME LOITERING
Section
9.69.010 Schools hours
9.69.020 Exceptions
9.69.030 Enforcement
9.69.040 Violation
§ 9.69.010 SCHOOLS HOURS.
(A) Minors on public streets. It is unlawful for
any minor under the age of 18 years, who is subject to
compulsory education or compulsory continuation
education to be or remain in or upon public streets,
highways, roads, alleys, parks, playgrounds or other
public grounds, public places, public buildings, school property to which they are not assigned, places of
amusement and eating places, vacant lots or any
unsupervised place during the hours for which said
minor is normally assigned to his or her school on
days when said school is in session.
(B) Responsibility of parents, guardians and the
like. It is unlawful for the parent, guardian or other
adult person having the care and custody of a minor
under the age of 18 years, who is subject to
compulsory education or to compulsory continuation
education, to permit the minor alone or in concert with others, to be or remain in or upon the public streets,
highways, roads, alleys, parks, playgrounds, parking
areas or other public grounds, public places, places of amusement and eating places, vacant lots or other
unsupervised places, or any place open to the public
between the hours of 8:30 a.m. and 2:30 p.m. of the
same day on days when said minor’s school is in
session.
§ 9.69.020 EXCEPTIONS.
The provisions of § 9.69.010 shall not apply:
(A) To a minor who is accompanied by his or her
parent, legal guardian or other adult person having
care or custody of the minor;
(B) To students who have permission to leave
school campus for lunch or school related activity and
have in their possession a valid school-issued written
notice by a school official, but only for a reasonable
period of time necessary for the lunch or activity;
(C) To a minor who is going to or coming from
his or her gainful place of employment or medical or
dental appointment with verification of said
employment or appointment;
(D) To a minor who is upon an emergency
errand directed by his or her parents, guardian or other adult person having the care and custody of the minor;
(E) To a minor who is going directly to or from
a school sponsored event or activity such as a sporting event, field trip or other such school activity; or
(F) To a minor who is going directly to or from
an event or activity that is directly related to any
medical condition of a parent, guardian or other adult
person having the care and custody of the minor.
§ 9.69.030 ENFORCEMENT.
Before taking any enforcement action under this
section, a police officer shall ask the apparent
offender’s age and reason for being in the public place during school hours. The officer shall not issue a
citation or make an arrest under this section unless the 47 Packet Page. 1032
San Bernardino - Public Peace, Morals and Welfare48
officer reasonably believes that an offense has
occurred and that, based on any response and other
circumstances, and no exception enumerated in
§ 9.69.020 is present.
§ 9.69.040 VIOLATION.
Each violation of this chapter is a misdemeanor.
(Ord. MC-996, passed 6-17-1997)
Packet Page. 1033
CHAPTER 9.70: PROTECTION OF MINORS
Section
9.70.010 Requirement
9.70.020 Segregation
9.70.030 Violation
§ 9.70.010 REQUIREMENT.
Any person who knowingly displays material
which is harmful to minors, as defined in Cal. Penal
Code, § 313, in a public place, other than a public
place for which minors are excluded, shall place
devices commonly known as blinder racks in front of
the material, so that the lower two-thirds of the
material is not exposed to view.
(Ord. MC-797, passed 7-2-1991)
§ 9.70.020 SEGREGATION.
(A) This section shall not apply to harmful
matter, as defined in Cal. Penal Code, § 313.
(B) Any person who knowingly displays, sells or
offers to sell in a public place, other than a public
place from which minors are excluded, any book,
magazine or other publication or matter which depicts
any photograph or pictorial representation of any of
the anatomical parts of a person’s genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or
simulated, when, to the average adult person applying
contemporary community standards, such photograph
or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront shall segregate such material from the other material
sold or displayed away from the view and access of
minors into an area to which only adults are admitted,
and shall clearly label such segregated area as “Adults Only.”
(C) It shall be unlawful to allow minors access or
entry to such “Adults Only” areas unless accompanied
by a parent or guardian.
(D) It shall be unlawful to display, sell or offer
to sell to any minor the material described in division (B) above, unless such minor is accompanied by a
parent or guardian.
(E) This section shall not apply to nor require the
segregation of news racks.
(Ord. MC-797, passed 7-2-1991)
§ 9.70.030 VIOLATION.
Violation of this chapter is a misdemeanor.
(Ord. MC-643, passed 11-22-1988; Ord. MC-797,
passed 7-2-1991)
49 Packet Page. 1034
San Bernardino - Public Peace, Morals and Welfare50
Packet Page. 1035
ARTICLE VIII. WEAPONS
CHAPTER 9.80: CONCEAL WEAPONS
Section
9.80.010 Definition
9.80.015 Carrying a weapon in plain view
prohibited
9.80.020 Reserved
9.80.030 Reserved
9.80.040 Reserved
9.80.050 Exemption
9.80.060 Violation - penalty
Statutory reference:
For provisions on concealed weapons, see Cal.
Penal Code, §§ 12000
12001 et seq.
§ 9.80.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
DANGEROUS or DEADLY WEAPON. Any
knife, dirk or dagger with a fixed blade four inches or more in length; any ice pick or similar sharp stabbing
tool with a fixed blade four inches or more in length;
or any straight-edge razor or any razor blade four
inches or more in length fitted to a handle.
(Ord. MC-651, passed 2-7-1989)
§ 9.80.015 CARRYING A WEAPON IN PLAIN
VIEW PROHIBITED.
It is unlawful for any person to carry on his or
her person in plain view, including, but not limited to, carrying in sheaths openly suspended from the waist of
the wearer, any deadly or dangerous weapon, as
defined in § 9.80.010.
(Ord. MC-651, passed 2-7-1989)
§ 9.80.020 RESERVED.
[Reserved]
(Repealed by Ord. MC-651, passed 2-7-1989)
§ 9.80.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-651, passed 2-7-1989)
§ 9.80.040 RESERVED.
[Reserved]
(Repealed by Ord. MC-651, passed 2-7-1989)
§ 9.80.050 EXEMPTION.
Section 9.80.015 shall not apply to the carrying of
tools or equipment for use in a lawful occupation or
for the purpose of lawful recreation.
(Ord. MC-651, passed 2-7-1989)
§ 9.80.060 VIOLATION - PENALTY.
Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with provisions of § 1.12.010.
(Ord. MC-651, passed 2-7-1989)
51 Packet Page. 1036
San Bernardino - Public Peace, Morals and Welfare52
Packet Page. 1037
CHAPTER 9.84: PROJECTILES
Section
9.84.010 Unlawful discharge
9.84.020 Violation - penalty
9.84.030 Firearm - defined
9.84.040 Exemptions
Statutory reference:
For provisions on the discharge of firearms at
inhabited buildings, see Cal. Penal Code,
§ 246.
§ 9.84.010 UNLAWFUL DISCHARGE.
It is unlawful to discharge an instrument of any
kind or description which throws a bullet or missile for any distance by means of the elastic force of air or
other explosive substance, including, but not limited
to, weapons using air or carbon dioxide (CO
2) to
propel a bullet or missile and firearms, except in a
regularly licensed and approved shooting gallery or
rifle range for which a permit has been issued by the
Mayor and Common
City Council or except as
otherwise authorized and permitted by law.
(Ord. 821, passed 8-9-1921; Ord. 2939, passed
9-11-1968)
§ 9.84.020 VIOLATION - PENALTY.
Any person violating any provision of this chapter
is guilty of a misdemeanor which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010, except that any person
violating any provision of this chapter using a firearm, upon conviction thereof, shall be punished by
confinement in the county jail for at least two days in addition to any fine imposed. If probation is granted
upon the conviction of any person using a firearm, a
term of probation shall be minimum of two days’
confinement in the county jail in addition to any fine
imposed.
(Ord. MC-619, passed 3-8-1988)
§ 9.84.030 FIREARM - DEFINED.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
FIREARM. Shall include any device designed to
be used as a weapon, from which is expelled a
projectile by the force of any explosion, or other form of combustion, and shall include any rocket,
rocket-propelled projectile, launcher or similar device containing any explosive or incendiary material
whether or not such device is designed for emergency
or distress signaling purposes, excluding model
rockets.
(Ord. MC-619, passed 3-8-1988)
§ 9.84.040 EXEMPTIONS.
Law enforcement officials, while in the
performance of their duties, are exempt from this
chapter.
(Ord. MC-1109, passed 12-4-2001)
53 Packet Page. 1038
San Bernardino - Public Peace, Morals and Welfare54
Packet Page. 1039
CHAPTER 9.90: AUTHORITY TO ARREST - CITATIONS
Section
9.90.010 Arrest - citation
§ 9.90.010 ARREST - CITATION.
(A) Pursuant to the Cal. Penal Code, §§ 836.5,
853.5 and 853.6, the employees, as listed in each
division herein, are authorized and empowered to
arrest and issue notices to appear for violations of the provisions of the municipal code as hereinafter set
forth.
(1) Security guard personnel, who shall be
off-duty or retired police officers or reserve police
officers, employed by the City Economic Development
Agency, pursuant to an agreement between said
Agency and the city, relating to a security guard
program, are authorized and empowered to arrest and
issue notices to appear for violations of the provisions of the municipal code for incidents arising in the
Carousel Mall and public areas in, adjacent to or
immediately surrounding said mall, or other areas
pursuant to an agreement between said Agency and the
city.
(2) Community service officers are
authorized and empowered to arrest and issue notices
to appear for violations of the provisions of this code and state statutes pursuant to Cal. Penal Code,
§ 836.5.
(3) The Director of Development Services,
City Planners, Senior Planners, Associate Planners
and Assistant Planners are authorized and empowered
to issue notices to appear for violations of the
provisions of Title 19 and Chapters 8.36 and 10.16.
(4) The Director of Water Reclamation,
environmental control representative and
environmental control technicians are authorized and
empowered to issue notices to appear for violations of
Chapter 13.32.
(5) The Director of Development Services,
or his or her designees, or City Engineer, or his or her designees, are authorized and empowered to issue
notices to appear for violations of the municipal code
and all other codes incorporated herein by reference.
(6) The City Attorney investigators are
authorized and empowered to arrest and issue notices
to appear for violations of this code and state statutes pursuant to Cal. Penal Code, § 836.5; and are
authorized upon approval of the Director of Code
Compliance to examine, give notice of, post, secure
and abate all nuisances pursuant to Chapters 15.28 and
8.30. (7) The Director of Animal Control, animal
license checkers, animal shelter attendants and animal
health technicians are authorized and empowered to
issue notices to appear for violations of Title 6,
§§ 5.04.497 and 12.44.070. Animal control officers
are empowered to arrest and issue notices to appear,
pursuant to the California Penal Code, § 830.9.
(8) The Director of Code Compliance, and
his or her designees, are authorized and empowered to
issue “notices to appear” for violations of the
municipal code, and all other codes incorporated
herein by reference.
(9) The Director of Parks, Recreation and
Community Services, and his or her designees, are
authorized and empowered to issue “notices to appear”
for violations of Chapter 12.98.
(10) Security guard personnel, who shall be
off-duty, reserve or retired police officers employed
by the Inland Valley Development Agency
55 Packet Page. 1040
San Bernardino - Public Peace, Morals and Welfare56
(“Agency”), pursuant to an agreement between said
Agency and the city, relating to a security guard
program, and who are under direct supervision of the
City Police Department, are authorized and
empowered to arrest and issue notices to appear for
violations of the municipal code for incidents arising
on the former Norton Air Force Base property now
owned and operated by the Inland Valley Development
Agency bounded on the north by Third Street, on the
south by Central Avenue, on the west by Lena Road
and on the east by Palm Avenue.
(11) Parking district security officers, who
shall be retired police officers or reserve police
officers, employed by the City Facilities Management
Department are authorized and empowered to arrest
and issue notices to appear for violations of the
provisions of this code and state statutes pursuant to
Cal. Penal Code, § 836.5.
(12) The San Bernardino Community College
Police, who are peace officers, as defined by the Cal.
Penal Code, § 830.32, are authorized and empowered
to arrest and issue citations for violations of the
provisions of Titles 8 and 9, on or near the campus of
the community college and on or near other grounds or
properties owned, operated, controlled or administered
by the community college or by the state acting on
behalf of the community college.
(13) The California Highway Patrol, who are
peace officers, as defined by the Cal. Penal Code,
§ 830.2(a), are authorized and empowered to arrest
and issue citations for the provisions of this code.
(14) The California State University police,
who are peace officers, as defined by the Cal. Penal
Code, § 830.2(c), are authorized and empowered to
arrest and issue citations for the provisions of this code on or near the campus of the university and on or near
other grounds or properties owned, operated,
controlled or administered by the university or by the
state acting on behalf of the university.
(15) The San Bernardino Unified School
District Police, who are peace officers, as defined by
the Cal. Penal Code, § 830.32(b), are authorized and
empowered to arrest and issue citations for the
provisions of this code on or near a campus of the
school district and on or near other grounds or
properties owned, operated, controlled or administered
by the school district.
(16) The Director of Public Services, and his
or her designees, are authorized and empowered to
issue notices to appear and/or administrative citations for violations of Chapters 8.24 and 8.25. In the event
that any provision of this chapter, or any part thereof, or any application thereof to any person or
circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as
applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part
thereof, or any application thereof to any person or
circumstance or of said provision as applied to any
other person or circumstance. It is declared to be the
legislative intent of the city that this chapter would
have been adopted had such unconstitutional, invalid
or ineffective provision not been included herein.
(17) Haz-mat investigators employed by the
City Fire Department are authorized and empowered
to inspect, arrest and issue notices to appear for
violations of this code and California Penal, Vehicle,
Fire and Health and Safety Codes, pursuant to Cal.
Penal Code, § 836.5 and Cal. Fire Code Appendix
Chapter 1, § 104. Cal. Fire Code, Title 24, Part 9,
Chapter 1, Division II.
(18) The business registration manager, and
his or her designees, are authorized and empowered to
issue notices to appear for violations of Title 3, Title 5 and Title 8.
(19) Security guard personnel, including
private security officers retained by the city to provide security services under contract with the city, are
authorized and empowered to issue citations and
notices to appear for violations of this code occurring on any property owned or leased by the city.
(B) Any person interfering or obstructing the
enforcement or performance of any provision of this
code by any of the preceding authorized personnel or
any person who removes any notice or sign posted by
an authorized person enters or remains in a structure
posted as unsafe and/or unfit for human occupancy
Packet Page. 1041
Authority to Arrest - Citations 57
shall be guilty of a misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. MC-254, passed 3-9-1983; Ord. MC-372,
passed 5-22-1984; Ord. MC-404, passed 8-21-1984;
Ord. MC-464, passed 7-2-1985; Ord. MC-586, passed
3-23-1987; Ord. MC-591, passed 5-13-1987; Ord.
MC-606, passed 9-21-1987; Ord. MC-635, passed
9-7-1988; Ord. MC-931, passed 1-23-1995; Ord.
MC-945, passed 6-20-1995; Ord. MC-952, passed
11-8-1995; Ord. MC-954, passed 11-21-1995; Ord.
MC-1005, passed 10-21-1997; Ord. MC-1027, passed
9-9-1998; Ord. MC-1034, passed 11-17-1998; Ord.
MC-1143, passed 4-22-2003; Ord. MC-1234, passed
10-3-2006; Ord. MC-1279, passed 8-5-2008; Ord.
MC-1287, passed 10-7-2008; Ord. MC-1563, passed
9-1-2021; Ord. MC-1596, passed 8-16-2023)
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San Bernardino - Public Peace, Morals and Welfare58
Packet Page. 1043
CHAPTER 9.92: ADMINISTRATIVE CITATION PROCESS
Section
9.92.010 Legislative findings and
statement of purpose
9.92.020 Definitions
9.92.030 Use of administrative citation
9.92.040 Violation; authority; fines
9.92.050 Service procedures
9.92.060 Contents of citation
9.92.070 Satisfaction of the administrative
citation
9.92.080 Request for hearing on an
administrative citation
9.92.090 Failure to pay fines
9.92.100 Publication and availability of
rules and regulations
9.92.110 Reserved
9.92.120 Reserved
9.92.130 Reserved
9.92.140 Disposition of fines
9.92.150 Reserved
9.92.160 Administrative adjudication
procedures not exclusive
9.92.170 Applicability of administrative
adjudication procedures
9.92.180 Right to judicial review
9.92.190 Severability
§ 9.92.010 LEGISLATIVE FINDINGS AND
STATEMENT OF PURPOSE.
The Mayor and City Council finds that there is a
need for an alternate method of enforcement for minor
violations of the municipal code and applicable state
codes. An appropriate method of enforcement for
minor violations is an administrative citation program
as authorized by Cal. Gov’t Code, § 53069.4.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ADMINISTRATIVE COSTS. All costs incurred
by or on behalf of the city from the first discovery of the violation of the municipal code through the appeal
process, including, but not limited to, staff time in
investigating the violation, inspecting the property
where the violation occurred, preparing investigation
reports, sending notices, preparing for and attending
any appeal hearing and attorneys’ fees.
ADMINISTRATIVE COSTS shall not mean the fines
assessed pursuant to this chapter. ADMINISTRATIVE
COSTS shall not mean late payment charges that
accrue, or collection costs incurred, as a result of
unpaid fines.
ADMINISTRATIVE HEARING OFFICER. Any
person assigned by the City Manager to preside at
administrative hearings.
CITY MANAGER. The San Bernardino City
Manager, or his or her designee.
ENFORCEMENT OFFICER. Any code
enforcement officer or other city employee or agent of
the city with the authority to enforce any provision of the municipal code.
PERSON. Any natural person or entity,
including, but not limited to, any corporation,
company, partnership, association, trust or any other
59 Packet Page. 1044
San Bernardino - Public Peace, Morals and Welfare60
form of business entity.
RESPONSIBLE PARTY. Includes, but is not
limited to, any of the following:
(1) A person who causes a code violation to
occur;
(2) A person who maintains or allows a
code violation to continue, by his or her action or
failure to act;
(3) A person whose agent, employee or
independent contractor causes a code violation by his
or her action or failure to act;
(4) A person who is an owner, a lessee or
sub-lessee, with the current right of possession, of real property where a property related code violation
occurs or exists; and
(5) If the person or persons are a business
entity, the manager or on-site supervisor where the
violation exists shall also be a RESPONSIBLE
PARTY.
(Ord. MC-1150, passed 9-16-2003; Ord. MC-1270,
passed 5-21-2008; Ord. MC-1553, passed 2-17-2021)
§ 9.92.030 USE OF ADMINISTRATIVE
CITATION.
Whenever an enforcement officer determines that
a violation subject to this chapter has occurred, the
officer may issue an administrative citation imposing
fines or penalties to any responsible person in
accordance with the requirements of this chapter. Use
of an administrative citation is authorized by this
chapter for any violation of the municipal code.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.040 VIOLATION; AUTHORITY; FINES.
(A) Any person violating any provision of the
municipal code may be issued an administrative
citation by a code enforcement officer, or other
authorized officer, as provided in this title.
(B) Each and every day a violation of any
provision of the municipal code exists constitutes a
separate and distinct offense. Each section of the
municipal code violated constitutes a separate and
distinct violation.
(C) Any fine assessed by means of an
administrative citation issued by the enforcement
officer shall be payable di rectly to the city or its
authorized vendor for receipt of payment.
(D) Any person who receives an administrative
citation shall be required to pay a fine in the following amounts unless otherwise established in the municipal
code or established by resolution of the Mayor and
City Council:
(1) A fine not exceeding $100 for the first
administrative citation;
(2) A fine not exceeding $200 for a second
administrative citation for violation of the same
ordinance if issued within a 12-month period; and
(3) A fine not exceeding $500 for any
subsequent administrative citation issued for violation of the same ordinance within a 12-month period.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.050 SERVICE PROCEDURES.
In any case where an administrative citation is
issued, service of the citation shall be made by
complying with the following.
(A) Personal service. The code enforcement
officer shall attempt to locate and personally serve the responsible party and obtain the signature of the
responsible party on the administrative citation. If the responsible person refuses or fails to sign the
administrative citation, the refusal to sign shall not
affect the validity of the administrative citation or of subsequent proceedings.
(B) Mail. If the enforcement officer is unable to
locate the responsible party, responsible party shall be served by United States mail, addressed to the person
to be notified. Service by mail shall be effective on the
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Administrative Citation Process 61
date of deposit in the mail.
(C) Posting. The enforcement officer may post
the notice conspicuously on or in front of the property or the affected unit; provided, however, that a citation issued to an owner of real property must also be
mailed to the owner of the property as shown on the
last equalized county assessment roll.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.060 CONTENTS OF CITATION.
(A) Each administrative citation shall contain the
following information:
(1) The name of the responsible party and
known mailing address;
(2) Date, approximate time and address or
definite description of the location where the
violation(s) was/were observed;
(3) The code section(s) violated and a
description of the violation(s);
(4) The amount of fine for the violation(s);
(5) An explanation of how the fine shall be
paid and the time period by which it shall be paid;
(6) Identification of rights to a hearing,
including the time within which the hearing may be
requested; and
(7) The name and signature of the code
enforcement officer, or other authorized officer,
issuing the citation.
(B) If the violation is one which is continuing, an
order to correct the violation and an explanation of
consequences for failing to correct the violation shall be issued concurrently with the citation. Failure to
issue the order to correct or explanation of
consequences for failure to correct violations shall not affect the validity of the administrative citation or of subsequent proceedings.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.070 SATISFACTION OF THE
ADMINISTRATIVE CITATION.
(A) Upon receipt of a citation, the responsible
person must:
(1) Pay the fine to the city within 15 days
from the issue date of the administrative citation; or
(2) File a request for hearing pursuant to
§ 9.92.080.
(B) Payment of a fine shall not excuse or
discharge the failure to correct the violation(s) nor
shall it bar further enforcement action by the city.
Payment of the fine waives the responsible party’s
right to the administrative citation hearing and appeal process.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.080 REQUEST FOR HEARING ON AN
ADMINISTRATIVE CITATION.
(A) How to file a proper and timely request for
hearing. Any recipient of an administrative citation
may contest the citation by completing a request for
hearing form and returning it to the City Clerk within
15 days from the date the citation is served or deemed
to have been served. A failure to file a timely request for hearing shall be deemed a waiver of the right to a
hearing on the citation and a failure to exhaust
administrative remedies. Proper filing of a request for hearing must also include payment to the City Clerk of
the appeal fee as established or amended from time to
time by resolution of the Mayor and City Council.
(B) Selection of hearing officer. The City
Manager shall select a qualified person to serve as
administrative hearing officer to preside over hearings under this chapter. Hearing officers must be selected
in a manner that avoids the potential for pecuniary or
other bias. For purposes of this section, QUALIFIED
PERSON includes an individual with a background in
the practice of law or with a background in local
governance, that is particularly experienced or
knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager.
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San Bernardino - Public Peace, Morals and Welfare62
(C) Hearing procedure.
(1) No hearing to contest an administrative
citation before the administrative hearing officer shall be held unless and until a request for hearing form has been completed and submitted to the City Clerk’s
office.
(2) After receipt of the request for hearing
form, a hearing before the administrative hearing
officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the
request for hearing is filed in accordance with the
provisions of this chapter, unless the parties waive
such time limits. The failure to hold the hearing within this time period does not invalidate any action of the
administrative hearing officer. The appellant shall be
notified of the time and place set for the hearing at
least ten calendar days prior to the date of hearing.
(3) At the hearing, the administrative
hearing officer must hear and consider the testimony
of the appellant, respondent and their witnesses, as
well as any documentary evidence presented by these
persons. The administrative hearing officer must
ensure that parties receive a fair hearing and are
afforded due process in accordance with the applicable
state and federal law governing such hearings.
(4) The responsible party may bring an
interpreter to the hearing at his or her sole expense.
The city may, at its discretion, record the hearing by
stenographer, court reporter, audio recording or video
recording.
(5) The appellant shall be given the
opportunity to testify and present evidence concerning
the administrative citation. Each party shall have the
opportunity to cross-examine witnesses and present
relevant evidence in support of that party’s case.
(6) Administrative hearings are intended to
be informal in nature. Th e formal rules of evidence
shall not apply. Other than copies of citations, notices, orders and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery is required.
(D) Proof. The city bears the burden of proof at
an administrative hearing to establish the existence of a violation of the municipal code and the responsible
party’s responsibility for such violation. The
administrative citation and any additional documents
submitted by the enforcement officer shall constitute
prima facie evidence of the respective facts contained
in those documents. The standard of proof to be used
by the administrative hearing officer in deciding the
issues at an administrative hearing is by a
preponderance of the evidence.
(E) Continuance. The administrative hearing
officer, before or during a hearing, may grant a
request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be
continued for more than 30 calendar days without
stipulation by all parties.
(F) Failure to appear. Any person who has filed
a “request for hearing” form and has been notified of
the time and date for a hearing pursuant to this chapter who does not appear at said hearing shall be deemed
to have waived the right to be present at the hearing
and the hearing shall proceed in his or her absence.
(G) Administrative hearing officer’s decision.
After considering all of the testimony and evidence
submitted at the hearing, the administrative hearing
officer must issue a written decision within 30 business days of the hearing. Failure of the administrative
hearing officer to render a decision within this time
period does not invalidate any action of the
administrative hearing officer. The decision shall
include the reasons for the decision, any conditions
pertaining to the correction of the violation(s) and any time limits set for said corrections.
(1) The administrative hearing officer’s
decision must contain the following statement: “The
decision of the hearing officer is final and binding.
Judicial review of this decision is subject to the
provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”
(2) The administrative hearing order must
be served on all parties by mail. The effective date of the decision shall be the mailing date of the written
decision to the applicant.
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Administrative Citation Process 63
(3) If the hearing officer determines the
administrative citation should be upheld, then any fine amount on deposit with the city shall be retained by
the city. If the hearing officer determines the
administrative citation should be canceled and the fine was deposited with the city, then the city shall refund the amount of the deposited fine.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.090 FAILURE TO PAY FINES.
(A) Any person who fails to pay to the city any
fine imposed pursuant to the provisions of this chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.
(B) The delinquent obligation shall bear interest
at a rate of 10% per year. Interest shall be calculated on a prorated monthly basis from the date such
obligation becomes delinquent to the date it is paid.
(C) The city may collect any delinquent
administrative citation fines or interest charges by use of all available legal means, including personal
collection from the responsible parties.
(D) The city also may recover all administrative
costs, expenses and fees, including attorneys’ fees,
associated with the assessment, enforcement,
processing and collection of the fines associated with
the administrative citation in accordance with the
provisions of this code.
(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553,
passed 2-17-2021)
§ 9.92.100 PUBLICATION AND
AVAILABILITY OF RULES AND
REGULATIONS.
Any rules and regulations promulgated for the
conduct of administrative adjudication hearings shall
be published and kept on file in the office of the City Clerk, where they shall be available to the public for
inspection and copying at nominal rates during normal
business hours.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.110 RESERVED.
[Reserved]
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.120 RESERVED.
[Reserved]
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.130 RESERVED.
[Reserved]
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.140 DISPOSITION OF FINES.
All fines and other monies paid to the city in
accordance with this article shall be remitted to the
city.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.150 RESERVED.
[Reserved]
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.160 ADMINISTRATIVE
ADJUDICATION PROCEDURES NOT
EXCLUSIVE.
Notwithstanding any other provisions of this
article, the authority of the administrative hearing
officer to conduct administrative hearings in
accordance with this chapter shall not preclude the city from seeking any remedies for code or ordinance
violations through the use of any other administrative
procedure or court proceeding.
(Ord. MC-1553, passed 2-17-2021)
§ 9.92.170 APPLICABILITY OF
ADMINISTRATIVE ADJUDICATION
PROCEDURES.
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San Bernardino - Public Peace, Morals and Welfare64
(A) Notwithstanding any other provision of the
ordinances of the city or this code, all provisions of
this code or ordinances may be enforced by instituting
an administrative adjudication hearing with the
administrative hearing officer as provided in this
article.
(B) Notwithstanding any other provision of the
ordinances of the city or this code, any enforcement
action, including, but not limited to, license or permit suspension or revocation, which may be exercised by
another department of the city may also be exercised
by the administrative hearing officer as provided in
this article.
(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553,
passed 2-17-2021)
§ 9.92.180 RIGHT TO JUDICIAL REVIEW.
Any decision of the administrative hearing officer
is final, subject to judicial review. Within 20 days
after service of the decision of the administrative
hearing officer upon the party to the administrative
adjudication hearing, that person may seek judicial
review of the decision by filing an appeal with the
Superior Court of the State of California, in the
County of San Bernardino, in accordance with Cal.
Gov’t Code, § 53069.4. The appealing party must
serve upon the City Clerk, either in person or by first class mail, a copy of the notice of appeal. If the
appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed.
(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553,
passed 2-17-2021)
§ 9.92.190 SEVERABILITY.
The provisions of this chapter are severable and,
if any sentence, section or other part of this chapter
should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining
provisions shall continue in full force and effect.
(Ord. MC-1148, passed 8-5-2003)
Packet Page. 1049
CHAPTER 9.93: ADMINISTRATIVE CIVIL PENALTIES
Section
9.93.010 Purpose and intent
9.93.015 Definitions
9.93.020 Administrative civil penalties
9.93.030 Administrative civil penalties
notice and order; procedures
9.93.035 Service of notices
9.93.040 Determination of administrative
civil penalties
9.93.050 Administrative costs
9.93.060 Right to hearing on
administrative civil penalties
notice and order
9.93.070 Administrative hearing;
declaration of purpose
9.93.080 Administrative hearing; request
and notice
9.93.090 Appointment and qualifications
of administrative hearing officer
9.93.100 Recusal of administrative hearing
officer
9.93.110 Powers of administrative hearing
officer
9.93.120 Administrative hearing;
procedures
9.93.130 Failure to attend administrative
hearing
9.93.140 Administrative hearing order
9.93.145 Liability of responsible parties
9.93.150 Failure to comply with the
administrative hearing order
9.93.160 Judicial review
9.93.170 Collection of unpaid
administrative citation fines,
administrative civil penalties and
administrative costs
9.93.180 Severability
9.93.190 CEQA exemption
9.93.200 Administrative adjudication
procedures not exclusive
§ 9.93.010 PURPOSE AND INTENT.
The Mayor and City Council have determined that
the enforcement of the municipal code throughout the
city is an important public service and is vital to the protection of the public’s health, safety and quality of life. The Mayor and City Council have determined a
need for alternative methods of code enforcement and
that a comprehensive code enforcement system uses a
combination of judicial and administrative remedies to
gain compliance with code regulations. The Mayor and
City Council find a need to draft precise regulations
that can be effectively applied in judicial and
administrative proceedings and further finds that there is a need to establish uniform procedures for the
proper application of administrative code enforcement
remedies and administrative hearings to resolve
administrative code enforcement cases and appeals.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.015 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ADMINISTRATIVE COSTS. All costs incurred
by or on behalf of the city from the first discovery of the violation of the municipal code through the appeal
process and until compliance is achieved, including,
but not limited to, staff time in investigating the
violation, inspecting the property where the violation
occurred, preparing investigation reports, sending
65 Packet Page. 1050
San Bernardino - Public Peace, Morals and Welfare66
notices, preparing for and attending any appeal
hearing, attorneys’ fees and fees paid to the
administrative hearing officer. ADMINISTRATIVE
COSTS shall not mean the administrative civil
penalties assessed pursuant to this chapter.
ADMINISTRATIVE COSTS shall not mean late
payment charges that accrue, or collection costs
incurred, as a result of unpaid administrative civil
penalties.
ADMINISTRATIVE HEARING OFFICER. Any
person assigned by the City Manager to preside at
administrative hearings.
CITY MANAGER. The San Bernardino City
Manager, or his or her designee
ENFORCEMENT OFFICER. Any code
enforcement officer or other city employee or agent of
the city with the authority to enforce any provision of the municipal code.
PERSON. Any natural person or entity,
including, but not limited to, any corporation,
company, partnership, association, trust or any other
form of business entity.
RESPONSIBLE PARTY. Includes, but is not
limited to, any of the following:
(1) A person who causes a code violation to
occur;
(2) A person who maintains or allows a
code violation to continue, by his or her action or
failure to act;
(3) A person whose agent, employee or
independent contractor causes a code violation by his
or her action or failure to act;
(4) A person who is an owner, a lessee or
sub-lessee, with the current right of possession, of real property where a property related code violation
occurs or exists; and
(5) If the person or persons are a business
entity, the manager or on-site supervisor where the
violation exists shall also be a RESPONSIBLE
PARTY.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.020 ADMINISTRATIVE CIVIL
PENALTIES.
(A) Any responsible party who violates any
provision of the municipal code may be subject to the
assessment of administrative civil penalties payable to the city, or its authorized vendor for receipt of
payment, pursuant to the administrative procedures
provided in this chapter.
(B) The assessment of administrative civil
penalties established in this chapter is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to
address any violation of the municipal code.
(C) For the purposes of assessing administrative
civil penalties, each and every day a violation of any
provision of the municipal code exists shall constitute a separate and distinct violation.
(D) Administrative civil penalties may be directly
assessed by issuance of an administrative civil
penalties notice and order issued by an enforcement
officer, as provided in this chapter.
(E) Administrative civil penalties for violations
of any provision of the municipal code shall be
assessed at a rate of up to $1,000 per violation per
day; however, if applicable, the administrative hearing officer may reduce the fine in his or her upon a finding of good cause pursuant to the criteria listed in §
9.93.040. The maximum amount of administrative
civil penalties shall not exceed $100,000 per parcel or structure for any related series of violations.
(Ord. MC-1535, passed 5-6-2020; Ord. MC-1553,
passed 2-17-2021)
§ 9.93.030 ADMINISTRATIVE CIVIL
PENALTIES NOTICE AND ORDER;
PROCEDURES.
(A) Whenever an enforcement officer determines
that a violation of one or more provisions of the
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Administrative Civil Penalties 67
municipal code or any code adopted by reference has
occurred or continues to exist, a written administrative civil penalties notice and order may be issued to the
responsible party.
(B) The administrative civil penalties notice and
order shall identify laws or code sections violated. The administrative civil penalties notice and order may
describe how each section has been violated.
(C) The administrative civil penalties notice and
order shall identify the dates and locations of the
violations.
(D) The administrative civil penalties notice and
order shall establish the amount of administrative civil penalties. The fine may be fixed for a single violation or may be daily for continuing violations.
(E) The administrative civil penalties notice and
order shall identify the factors used in determining the duration and daily amount of administrative civil
penalties.
(F) In the case of continuing violations, there
shall be an ongoing assessment of administrative civil
penalties at the daily rate established in the
administrative civil penalties notice and order until the violations are corrected or until such time that the total amount of administrative civil penalties reaches the
maximum amount allowed by this chapter. For
continuing violations, the administrative civil penalties notice and order shall identify the date when the civil penalties began to accrue and, if applicable, the date
when the assessment of administrative civil penalties
ended.
(G) If the enforcement officer determines that the
violations are of a continuing nature, the
administrative civil penalties notice and order shall
demand that the responsible party cease and desist
from further action causing the violations and
commence and complete all action to correct the
outstanding violations under the guidance of the
appropriate city departments.
(H) When a violation pertains to building,
plumbing, electrical or ot her similar structural or
zoning issues that do not create an immediate danger
to health or safety, the administrative civil penalties notice and order shall provide that administrative civil penalties shall not be imposed if the responsible party corrects all of the violations within a reasonable time as determined by the enforcement officer.
(I) The administrative civil penalties notice and
order may describe the remedial actions required to
permanently correct any outstanding violations and
establish a time frame for completion.
(J) The administrative civil penalties notice and
order may enumerate any other consequences pursuant
to this chapter, if the responsible party fails to comply with the terms and deadlines as prescribed in the
administrative civil penalties notice and order.
(K) More than one administrative civil penalties
notice and order may be issued against the same
responsible party if they encompass different dates,
separate or different violations or different locations. (L) The administrative civil penalties notice and
order shall be served upon the responsible party by
any one of the methods of service as set forth in
§ 9.93.035.
(M) The administrative civil penalties notice and
order shall identify appropriate hearing procedures as
required by this chapter.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.035 SERVICE OF NOTICES.
(A) Whenever a notice is required to be given
under this chapter, the notice shall be served by any of the following methods unless different provisions are
otherwise specifically stated to apply:
(1) Personal service;
(2) By United States mail addressed to the
person to be notified; or
(3) Posting the notice conspicuously on or
in front of the property or the affected unit.
(B) Service by mail shall be effective on the date
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San Bernardino - Public Peace, Morals and Welfare68
of deposit in the mail.
(C) The failure of any person with an interest in
the property to receive any notice served in accordance with this section shall not affect the validity of any
proceedings taken under this chapter.
(D) A notice issued to an owner of real property
must be mailed to the owner of the property as shown
on the last equalized county assessment roll.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.040 DETERMINATION OF
ADMINISTRATIVE CIVIL PENALTIES.
(A) In determining the date when administrative
civil penalties start to accrue, an enforcement officer may consider the date when the city first discovered
the violation as evidenced by the issuance of a notice
of violation or any other written correspondence.
(B) The assessment of administrative civil
penalties shall end when all corrections or other action required by the administrative civil penalties notice
and order have been completed.
(C) (1) The enforcement officer may assess
fines at a rate of up to $1,000 per violation per day.
(2) In determining the amount of the
administrative civil penalties at an administrative
hearing, the hearing officer may consider some or all
of the following factors:
(a) The duration of the violation;
(b) The frequency of recurrence of the
violation;
(c) The seriousness of the violation;
(d) Whether the violation is designated
as an infraction, a misdemeanor or either an infraction or a misdemeanor by the municipal code;
(e) The history of the violation;
(f) The good faith effort by the
responsible party to comply;
(g) The economic impact of the penalty
on the responsible party; and
(h) The impact of the violation upon
the community.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.050 ADMINISTRATIVE COSTS.
An enforcement officer or administrative hearing
officer is authorized to assess any reasonable
administrative costs in addition to the administrative
civil penalties.
§ 9.93.060 RIGHT TO HEARING ON
ADMINISTRATIVE CIVIL PENALTIES
NOTICE AND ORDER.
The City Manager shall assign an administrative
hearing officer and establish a date, time and place for the administrative hearing in accordance with this
chapter if the responsible party requests a hearing or
in the event of a continuing violation in order for the administrative hearing officer to determine the amount
of the fine for a continuing violation.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.070 ADMINISTRATIVE HEARING;
DECLARATION OF PURPOSE.
It is the purpose and intent of the Mayor and City
Council to afford due process of law to any person
who is directly affected by an administrative
enforcement action. Due process procedures are
intended to establish a forum to efficiently,
expeditiously and fairly resolve issues raised in any
administrative enforcement action.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.080 ADMINISTRATIVE HEARING;
REQUEST AND NOTICE.
(A) Any responsible party may contest the
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Administrative Civil Penalties 69
administrative civil penalties notice and order by
completing a request for administrative hearing form
and returning it to the City Clerk within 15 days from
the date the administrative civil penalties notice and
order was served. The request for administrative
hearing must also include payment to the City Clerk of
the appeal fee, as established or amended, from time
to time, by resolution of the City Council. The City
Manager, or his or her designee, shall then send a
copy of the request for administrative hearing form to
the enforcement officer and the City Attorney, and
assign an administrative hearing officer and schedule
a date, time and place for the hearing.
(B) The hearing before the administrative
hearing officer shall be set not less than 15 days and
not more than 60 days from the date that the request
for administrative hearing form is filed with the City
Clerk unless the parties waive such time limits. The
failure to hold the hearing within this time period does not invalidate any action of the administrative hearing officer.
(C) Written notice of the date, time and place of
the hearing shall be served at least ten calendar days
prior to the date of the hearing on the responsible
party, the enforcement officer and the City Attorney.
(D) The format and contents of the hearing notice
shall be in accordance with rules and policies
promulgated by the City Manager.
(E) The notice of hearing shall be served by any
of the methods of service listed in § 9.93.035.
(F) A failure to file a timely request for
administrative hearing shall be deemed a waiver of the
right to a hearing on the administrative civil penalties notice and order and a failure to exhaust administrative remedies.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.090 APPOINTMENT AND
QUALIFICATIONS OF ADMINISTRATIVE
HEARING OFFICER.
The City Manager must establish procedures for
the selection of a qualified person to serve as
administrative hearing officer to preside over hearings under this chapter. Hearing officers must be selected
in a manner that avoids the potential for pecuniary or
other bias. For purposes of this section, QUALIFIED
PERSON includes an individual with a background in
the practice of law or with a background in local
governance, that is particularly experienced or
knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.100 RECUSAL OF ADMINISTRATIVE
HEARING OFFICER.
The administrative hearing officer must recuse
himself or herself from a matter if he or she
determines that any bias or personal embroilment
prevents the administrative hearing officer from
rendering fair and impartial decision.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.110 POWERS OF ADMINISTRATIVE
HEARING OFFICER.
(A) The administrative hearing officer shall have
all powers necessary to conduct fair and impartial
hearings, including, but not limited to, the power to:
(1) Hold conferences for settlement or
simplification of the issues;
(2) Administer oaths and affirmations;
(3) Hear testimony;
(4) Rule upon motions, objections and the
admissibility of evidence;
(5) Preserve and authenticate the record of
the hearing and all exhibits and evidence introduced at the hearing;
(6) Regulate the course of the hearing in
accordance with this chapter or other applicable law;
(7) Issue a final order which includes
findings of fact and conclusions of law; and
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San Bernardino - Public Peace, Morals and Welfare70
(8) Impose administrative civil penalties and
assess administrative costs and issue orders that are
consistent with the applicable violation.
(B) (1) At the hearing, the administrative
hearing officer must hear and consider the testimony
of the appellant, respondent and their witnesses, as
well as any documentary evidence presented by these
persons. The administrative hearing officer must
ensure that parties receive a fair hearing and are
afforded due process in accordance with the applicable
state and federal law governing such hearings.
(2) The administrative hearing officer shall
only consider evidence that is relevant to the following issues:
(a) Whether a violation of the
municipal code existed on the dates specified in the
administrative civil penalties notice and order and
whether the responsible party caused, maintained or
permitted said violation; and
(b) Whether the amount of the
administrative civil penalties is appropriate for
reduction pursuant to the criteria listed in § 9.93.040. (C) The administrative hearing officer, before or
during a hearing, may grant a request for a
continuance, in his or her discretion, for good cause;
however, in no event may the hearing be continued for
more than 30 calendar days without stipulation by all
parties.
(D) The administrative hearing officer has
continuing jurisdiction over the subject matter of an
administrative hearing for the purposes of granting a
continuance, ensuring compliance with an
administrative hearing order and modifying an
administrative hearing order.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.120 ADMINISTRATIVE HEARING;
PROCEDURES.
(A) Administrative hearings are intended to be
informal in nature. Formal rules of evidence and
discovery do not apply. Other than copies of citations, notices, orders and inspection reports served on the
responsible parties as part of the enforcement action
giving rise to the hearing, no pre-hearing discovery is required.
(B) The city bears the burden of proof at an
administrative hearing to establish the existence of a
violation of the municipal code and the responsible
party’s responsibility for such violation. The
administrative citation and any additional documents
submitted by the enforcemen t officer shall constitute
prima facie evidence of the respective facts contained
in those documents.
(C) The standard of proof to be used by the
administrative hearing officer in deciding the issues at an administrative hearing is by a preponderance of the
evidence.
(D) Each party shall have the opportunity to
cross-examine witnesses and present relevant evidence
in support of that party’s case.
(E) The responsible party may bring an
interpreter to the hearing at his or her sole expense.
The city may, at its discretion, record the hearing by
stenographer, court reporter, audio recording or video
recording.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.130 FAILURE TO ATTEND
ADMINISTRATIVE HEARING.
Any responsible party whose property or actions
are the subject of an administrative hearing and who
fails to appear at the hearing shall be deemed to have
waived his or her right to a hearing and the
adjudication of the issues related to the hearing, and
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Administrative Civil Penalties 71
shall be deemed to have failed to exhaust his or her
administrative remedies; provided that proper notice of the hearing as required by this chapter has been
provided.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.140 ADMINISTRATIVE HEARING
ORDER.
(A) Within 30 business days after the
presentation of all evidence and testimony, including
any relevant evidence and testimony presented by the
responsible party, the administrative hearing officer
shall issue an administrative hearing order which
affirms or rejects the administrative civil penalties
notice and order or which modifies the daily rate or
duration of the administrative civil penalties depending upon the review of the evidence and application of the
criteria in § 9.93.040. Failure of the administrative
hearing officer to render a decision within this time
period does not invalidate any action of the
administrative hearing officer. The administrative
hearing officer’s decision must be in writing and must
set forth the administrative hearing officer’s findings of fact and conclusions of law. The administrative
hearing officer may increase or decrease the total
amount of civil penalties and costs that were assessed
by the administrative civil penalties notice and order
upon a showing of good cause and in consideration of
the factors listed in § 9.93.040.
(B) The administrative hearing officer may issue
an administrative hearing order that requires the
responsible party to cease from violating the municipal code and to make necessary corrections.
(C) As part of the administrative hearing order,
the administrative hearing officer may establish
specific deadlines for the payment of civil penalties
and costs and condition the total or partial assessment of administrative civil penalties on the responsible
party’s compliance by specified deadlines.
(D) The administrative hearing officer may issue
an administrative hearing order which imposes
additional administrative civil penalties that will
continue to be assessed until the re sponsible party
complies with the administrative hearing officer’s
decision and corrects the violation.
(E) The administrative hearing officer may
schedule subsequent review hearings as may be
necessary or as requested by a party to the hearing to
ensure compliance with the administrative hearing
order.
(F) The administrative hearing order shall be
served on all parties by any one of the methods listed
in § 9.93.035.
(G) The administrative hearing order must
contain the following statement: “The decision of the
hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time
limits set forth in California Code of Civil Procedure
section 1094.6 et seq.” The administrative hearing
order shall become final on the date of service of the
order, unless any party files a written request for
reconsideration or modification with the City Manager
within 15 days after the date of service of the order.
(H) A request for reconsideration or modification
of an administrative hearing order may only be based
upon an error of law or new evidence not available to
the requesting party at the time of the administrative
hearing. The decision of the administrative hearing
officer on the request for reconsideration or
modification shall become final on the date of service
of the decision by any one of the methods listed in
§ 9.93.035.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.145 LIABILITY OF RESPONSIBLE
PARTIES.
Any responsible party whose property or actions
are the subject of an administrative hearing and who
fails to appear at the hearing shall be deemed to have
waived his or her right to a hearing and the
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San Bernardino - Public Peace, Morals and Welfare72
adjudication of the issues related to the hearing, and
shall be deemed to have failed to exhaust his or her
administrative remedies; provided that proper notice of the hearing as required by this chapter has been
provided.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.150 FAILURE TO COMPLY WITH THE
ADMINISTRATIVE HEARING ORDER.
(A) Upon the failure of the responsible party to
comply with terms and deadlines set forth in the
administrative hearing order, the enforcement officer
may use all appropriate legal means to recover the
administrative civil penalties and administrative costs and obtain compliance with the administrative hearing
order.
(B) After the administrative hearing officer
issues an administrative hearing order, the
enforcement officer shall monitor the violations and
determine compliance.
(C) It is unlawful for a party to an administrative
hearing, who has been served with a copy of the final
administration hearing order pursuant to this chapter,
to fail to comply with th e order. Failure to comply
with a final administrative hearing order, except for
non-payment of administrative civil penalties, may be
prosecuted as an infraction or misdemeanor at the
discretion of the City Attorney.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.160 JUDICIAL REVIEW.
(A) The decision of the administrative hearing
officer shall be final and conclusive and shall not be
subject to appeal to the Mayor and City Council. Once
an administrative hearing order becomes final as
provided in this chapter, the time in which judicial
review of the order must be sought shall be governed
by Cal. Code of Civil Procedure, § 1094.6 or other
applicable state law.
(B) The appealing party must serve upon the City
Clerk, either in person or by first class mail, a copy of the notice of appeal.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.170 COLLECTION OF UNPAID
ADMINISTRATIVE CITATION FINES,
ADMINISTRATIVE CIVIL PENALTIES AND
ADMINISTRATIVE COSTS.
Unpaid administrative civil penalties and
administrative costs shall be a debt to the city and
subject to all remedies for debt collection as allowed
by law.
(Ord. MC-1553, passed 2-17-2021)
§ 9.93.180 SEVERABILITY.
The provisions of this chapter are severable, and
if any sentence, section or other part of this chapter
should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining
provisions shall continue in full force and effect.
§ 9.93.190 CEQA EXEMPTION.
The adoption of this chapter is exempt from the
provisions of the California Environmental Quality
Act, pursuant to § 15061(b)(3) of the Guidelines for
Implementation of the California Environmental
Quality Act (Title 15, Cal. Code of Regulations,
commencing with § 15000), as it can be seen with
certainty that there is no possibility that the activity will have a significant effect on the environment.
(Ord. MC-1268, passed 4-22-2008)
§ 9.93.200 ADMINISTRATIVE
ADJUDICATION PROCEDURES NOT
EXCLUSIVE.
Notwithstanding any other provisions of this
article, the authority of the administrative hearing
officer to conduct administrative hearings in
accordance with this chapter shall not preclude the city from seeking any remedies for code or ordinance
violations through the use of any other administrative
procedure or court proceeding.
(Ord. MC-1553, passed 2-17-2021)
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Administrative Civil Penalties 73
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San Bernardino - Public Peace, Morals and Welfare74
Packet Page. 1059
CHAPTER 9.94: ADMINISTRATIVE HEARINGS AND APPEALS
Section
9.94.010 Definitions
9.94.020 Purpose
9.94.030 Scope
9.94.040 Hearing officer - selection and
qualifications
9.94.050 Powers and duties of hearing
officer
9.94.060 Right to appeal; consequence of
an untimely or incomplete appeal
9.94.070 Administrative hearings - notice
procedures
9.94.080 Administrative hearings - conduct
of hearing
9.94.090 Decision of the hearing officer
9.94.100 Methods of service
9.94.110 Costs
9.94.120 Judicial review
9.94.130 Limitation on jurisdiction
9.94.140 Severability
§ 9.94.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACTION. An act or decision by an administrative
officer or administrative agency for which a right to
appeal under the provisions of this chapter is granted
in this code.
ADMINISTRATIVE AGENCY. An organ of the
city government, other than the City Council, which,
under the direction of the City Manager, has
responsibility for carrying out or enforcing the rules, regulations and ordinances of the city, but not
including boards and commissions of the city.
ADMINISTRATIVE OFFICER. An officer of
the city who is not a member of the legislative body or appointed boards or commissions. Such officers
include, but are not limited to, the City Manager,
Chief of Police, Fire Chief, Director of Planning and
Building, Director of Transportation, Director of
Public Works or similar officer.
AGGRIEVED PERSON. Any person whose
personal, pecuniary or property right or interest is
directly and adversely affected, or upon whom a
substantial burden or obligation is imposed by the
action or decision appealed from.
APPELLANT. Any aggrieved person who files
an appeal.
CODE. The San Bernardino Municipal Code.
HEARING OFFICER. Any person duly qualified
and authorized by this chapter to hear and review
appeals under this chapter.
RESPONDENT. The administrative officer or
agency which took the action appealed from, and any
other administrative officer or agency named as
RESPONDENT in an appeal.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.020 PURPOSE.
It is the purpose and intent of the City Council to
afford due process of law to any person who is directly affected by an action or decision of an administrative
75 Packet Page. 1060
San Bernardino - Public Peace, Morals and Welfare76
agency or officer. These procedures are also intended
to establish a forum to effi ciently and fairly resolve administrative appeals.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.030 SCOPE.
The hearing officer hears appeals from actions
taken by an administrative officer or administrative
agency when a right to appeal under the provisions of
this chapter is granted in this code. Except where this code prescribes another procedure, the rules and
procedures pertaining to appeals are as stated herein.
The rules and procedures pertaining to appeals under
this chapter may be supplemented or modified as
stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority
to hear appeals of any action taken by the City Council or any other board or commission of the city.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.040 HEARING OFFICER - SELECTION
AND QUALIFICATIONS.
(A) The City Manager must establish procedures
for the selection of a qualified person to serve as
hearing officer for each matter appealed under this
chapter. Hearing officers must be selected in a manner
that avoids the potential for pecuniary or other bias.
(B) For purposes of this section, QUALIFIED
PERSON includes an individual with a background in
the practice of law or with a background in local
governance, that is particularly experienced or
knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.050 POWERS AND DUTIES OF
HEARING OFFICER.
(A) As provided by § 9.94.030, the hearing
officer hears all appeals in accordance with the
procedures contained in this chapter or as
supplemented or modified in the chapter granting a
right to appeal hereunder.
(B) The hearing officer is authorized to issue
decisions and take all actions necessary and proper to
carry out the functions of the hearing officer in this
chapter, including:
(1) Hold conferences for settlement or
simplification of the issues;
(2) Administer oaths and affirmations;
(3) Hear testimony;
(4) Rule upon motions, objections and the
admissibility of evidence;
(5) Preserve and authenticate the record of
the hearing and all exhibits and evidence introduced at the hearing;
(6) Regulate the course of the hearing in
accordance with this chapter or other applicable law;
and
(7) Issue a final order which includes
findings of fact and conclusions of law.
(C) The hearing officer may request information,
services, facilities or any other assistance for the
purpose of furthering the objectives of this chapter.
(D) At the hearing, the hearing officer must hear
and consider the testimony of the appellant, respondent and their witnesses, as well as any documentary
evidence presented by these persons.
(E) The hearing officer must ensure that parties
receive a fair hearing and are afforded due process in
accordance with the applicable state and federal law
governing such hearings.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.060 RIGHT TO APPEAL;
CONSEQUENCE OF AN UNTIMELY OR
INCOMPLETE APPEAL.
Except where this code prescribes another
procedure, the following hearing request procedures
apply to appeals under this chapter.
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Administrative Hearings and Appeals 77
(A) Any aggrieved person may contest an action
taken by an administrative officer of the city, as
provided in § 9.94.030, by filing a written notice of
appeal with the City Clerk within 15 calendar days.
No fee shall be due for the filing of an appeal. The
notice of appeal must also include payment to the City
Clerk of the appeal fee, as established or amended,
from time to time, by resolution of the City Council.
(B) The notice required by division (A) above
must be filed no later than 15 days following the date
of mailing to appellant of notice of the action from
which the appeal is taken or, if there is no such
mailing or none is required, no later than 15 days
following the date of the action that is the subject of the appeal.
(C) A written notice of appeal must contain the
following information:
(1) The full name, mailing address, e-mail
address and telephone number of each appellant who
is appealing the action;
(2) A description of the specific action or
decision being appealed, including the date of the
action;
(3) The grounds for appeal in sufficient
detail to enable the hearing officer to understand the
nature of the controversy; and
(4) The signature of an appellant.
(D) If the City Clerk does not receive a timely
notice of appeal, if the notice of appeal is incomplete or if the notice of appeal does not comply with all of
the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust
administrative remedies.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.070 ADMINISTRATIVE HEARINGS -
NOTICE PROCEDURES.
Except where this code prescribes another
procedure, the following hearing notice procedures
apply to appeals under this chapter.
(A) No hearing before a hearing officer under
this chapter may be scheduled or held unless a timely
and proper notice of appeal has been submitted to the
City Clerk as set forth in § 9.94.060.
(B) The City Clerk must schedule the hearing no
sooner than 15 days and no later than 60 days from
receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the
hearing officer.
(C) The City Clerk must provide a copy of the
appeal to the respondent within five days after filing. (D) The City Clerk must notify the appellant,
respondent and City Attorney in writing of the date,
time and location of the hearing at least 15 days before the date of the hearing.
(E) Failure to receive notice of the time and
place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in division
(D) above.
(F) The notice of hearing may be served by any
of the methods of service listed in § 9.94.100.
(G) Unless the notice of appeal names some other
respondent, the administrative officer or administrative agency that took the action or made the decision being
appealed is designated the “respondent.”
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.080 ADMINISTRATIVE HEARINGS -
CONDUCT OF HEARING.
(A) Participation. The hearing officer must be
present at all times to preside over the hearing. All
hearings are open to the public. The respondent, or
another city representative, is required to participate in the hearing. The appellant is required to participate in the hearing.
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San Bernardino - Public Peace, Morals and Welfare78
(B) Evidence, witnesses and discovery. All
parties have the right to present evidence and
cross-examine witnesses. The formal rules of evidence
and discovery do not apply. The rules of privilege are
effective to the same extent that they are now or
hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral
evidence may be taken only on oath or affirmation.
The appellant and respondent may represent
themselves or be represented by anyone of their
choice.
(C) Cross-examination. No party shall have the
right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the
hearing officer. Each party may cross-examine
witnesses.
(D) Interpretation and recordation. The appellant
may bring an interpreter to the hearing at his or her
sole expense. The city may, at its discretion, record
the hearing by stenographer, court reporter, audio
recording or video recording.
(E) Subpoenas. In any hearing conducted by the
hearing officer, he or she has the power to compel the
attendance of witnesses for the production of evidence
by subpoenas issued under the authority of the City
Council and attested by the City Clerk. Subpoenas
may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may
be issued for any reason without the concurrence of
the City Attorney that there is good cause for such
subpoena to be issued and such subpoena is approved
by the City Council. It is the duty of the Chief of
Police to cause all such subpoenas to be served, and
the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution
in the same manner set forth by law for failure to
appear before the City Council in response to a
subpoena issued by the City Council.
(F) Proof. The standard of proof applicable to
the hearing and to be used by the hearing officer in
deciding the issue on appeal is proof by a
preponderance of the evidence. The respondent bears
the burden of proof at the hearing. The hearing officer determines relevancy, weight and credibility of
testimony and evidence.
(G) Continuances. The hearing officer, before or
during a hearing, may grant a request for a
continuance, in his or her discretion, for good cause;
however, in no event may the hearing be continued for
more than 30 calendar days without stipulation by all
parties.
(H) Failure of appellant to appear. If the
appellant fails to appear at the hearing, the hearing
officer may cancel the hearing and send a notice
thereof to the appellant to the address stated on the
appeal form. A cancellation of a hearing due to
non-appearance of the appellant waives the right to
appeal and is failure to exhaust all administrative
remedies; provided that proper notice of the hearing as required by this chapter has been provided. In such
instances, the action is final and binding.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.090 DECISION OF THE HEARING
OFFICER.
(A) The hearing officer must render his or her
decision in accordance with the provisions of this
chapter, applicable law and all ordinances of this city. (B) The hearing officer’s decision must be in
writing and must set forth the hearing officer’s
findings of fact and conclusions of law.
(C) The hearing officer must render a decision
within 15 days following the conclusion of the hearing.
Failure of the hearing officer to render a decision
within this time period does not invalidate any action
of the hearing officer.
(D) The hearing officer’s decision must be served
on all parties in accordance with § 9.94.100. Failure
of a person to receive a properly-served decision does
not affect the finality or effectiveness of the decision. (E) The hearing officer’s decision is the final
administrative decision of the city regarding the action that is the subject of the appeal. The hearing officer’s decision is effective on the date of service of the
decision. The decision must contain the following
statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject
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Administrative Hearings and Appeals 79
to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.100 METHODS OF SERVICE.
(A) Except where this code prescribes another
procedure, any notice or document required to be
served under this chapter must be served by personal
service or first class mail.
(B) Service is deemed effective on the date it is
personally delivered or mailed.
(C) Failure of any person to receive a document
properly served under this chapter does not affect the
validity of the notice or document, service or any
action or proceeding under this chapter.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.110 COSTS.
Nothing herein limits the city’s ability to seek
recovery of its costs or fees incurred in connection
with the hearing if authorized by law. The city shall
keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the city is the
prevailing party.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.120 JUDICIAL REVIEW.
The decision of the hearing officer is not subject
to appeal to the City Council or any board or
commission of the city. Once the hearing officer’s
decision becomes final as provided in this chapter, the appellant must both bring judicial action to contest
such decision and provide the city with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Cal. Code
of Civil Procedure, § 1094.6. Failure to do so means
all objections to the hearing officer’s decision are
waived.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.130 LIMITATION ON JURISDICTION.
The hearing officer shall not consider appeals of
orders, decisions and determinations of the City
Building Official relating to the building standards of the California Building Standards Code, which must be
considered by the Building Appeals Board, pursuant to
§ 2.45.030.
(Ord. MC-1521, passed 9-18-2019)
§ 9.94.140 SEVERABILITY.
The provisions of this chapter are severable, and,
if any sentence, section or other part of this chapter
should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining
provisions shall continue in full force and effect.
(Ord. MC-1521, passed 9-18-2019)
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San Bernardino - Public Peace, Morals and Welfare80
Packet Page. 1065
ARTICLE IX. NARCOTICS AND GANGS
CHAPTER 9.95: NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM Section
9.95.010 Definitions
9.95.020 Duties of the landlord
9.95.030 Administrative procedures
9.95.040 Recovery of possession by
landlord
9.95.050 Enforcement
9.95.060 Penalties
9.95.070 Civil remedies available
9.95.080 Severability
§ 9.95.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CONTROLLED SUBSTANCE. Any drug,
substance or immediate precursor, as listed in the
California Uniform Controlled Substances Act, Cal.
Health and Safety Code, §§ 11000 et seq.
DRUG-RELATED NUISANCE. Any activity
related to the possession, sale, use or manufacture of
a controlled substance that creates an unreasonable
interference with the comfortable enjoyment of life,
property and/or safety of residents of the premises.
Such activity includes, but is not limited to, any
activity commonly associated with illegal drug dealing, such as noise; steady traffic day and night to a
particular unit; barricaded units; the display or
observance of weapons; drug loitering, as defined in
Cal. Health and Safety Code, § 11532; or other
drug-related occurrences which, taken as a whole, tend
to substantially affect or interfere with any tenant’s
beneficial use and enjoyment of any rented property.
GANG-RELATED CRIME. The commission of
any of the offenses listed in Cal. Penal Code,
§ 186.22(e) in which the perpetrator is a known
member of a gang or any crime motivated by gang
membership in which the victim or the intended victim
of the crime is a known member of a gang. The term
gang is as defined in Cal. Penal Code, § 186.22(f).
ILLEGAL DRUG ACTIVITY. A violation of any
of the provisions of the Cal. Health and Safety Code,
Chapter 6 (commencing with § 11350) or Chapter 6.5
(commencing with § 11400), or any successor
provisions thereto.
LANDLORD. Any owner of record, lessor or
sub-lessor (including any person, firm, corporation,
partnership, association of persons or other entity)
who receives or is entitled to receive rent for the use of any rental unit, or the agent, manager,
representative or successor of any of the foregoing.
PREMISES. Any rental unit and the land on
which it and any other buildings of a complex are
located and common areas, including, but not limited
to, garage facilities, streets, alleyways, stairwells,
elevators and, as the context permits or requires, any
public or private property which is immediately
adjacent to any of said areas.
RENTAL UNIT. Any dwelling, including, but
not limited to, any single- and multi-family residence, 81 Packet Page. 1066
San Bernardino - Public Peace, Morals and Welfare82
duplex and/or condominium in the City of San
Bernardino. This term shall also include any mobile
home, whether rent is paid for the mobile home, the
land upon which the mobile home is located or both.
It shall also mean any recreational vehicle, as defined in Cal. Civil Code, § 799.24
799.29, if located in a
mobile home park or recreational vehicle park,
whether rent is paid for the recreation vehicle, the land upon which it is located or both.
TENANT. Any tenant, subtenant, lessee,
sub-lessee or any person entitled to use or occupancy
of a rental unit, or any other person residing in the
rental unit.
§ 9.95.020 DUTIES OF THE LANDLORD.
(A) A landlord shall not cause or knowingly
permit any premises under his or her control to be
used or maintained for any illegal drug activity,
gang-related crime or in such manner as to constitute
a drug-related nuisance.
(B) A landlord shall not cause or knowingly
permit any tenant to use or occupy premises under the
landlord’s control, if the tenant commits, permits,
maintains or is involved in any illegal drug activity,
gang-related crime or drug-related nuisance on the
premises.
(C) A landlord shall, in any lease executed after
the effective date of this chapter, include language as follows or language that is substantially similar:
“During the continuance of this lease, the leased
premises will not be used for any purpose in violation
of any federal, state, or municipal statute or ordinance, or of any regulation, order, or directive of a
governmental agency, as such statutes, ordinances,
regulations, orders, or directives now exist or may
exist in the future, concerning the use and safety of the premises. On the breach of any provision of this lease
by lessee, lessor may, at lessor’s option, terminate this lease immediately and reenter and repossess the
premises.” Failure to include this language or
substantially similar language shall not relieve the
landlord of any other duties required under this
chapter, nor shall it be a defense to a prosecution
pursuant to this chapter.
§ 9.95.030 ADMINISTRATIVE PROCEDURES.
The Mayor, or his or her designee, may
promulgate such administrative procedures as may be
necessary to implement the provisions of this chapter.
§ 9.95.040 RECOVERY OF POSSESSION BY
LANDLORD.
(A) Grounds for eviction. Notwithstanding any
provision of the municipal code to the contrary, a
landlord may bring an action to recover possession of
a rental unit upon any of the following grounds:
(1) The tenant is committing or permitting
to exist any illegal drug activity, gang related crime or drug-related nuisance on the premises; or
(2) The tenant has been convicted of a
crime wherein the underlying offense involves illegal
drug activity, drug-related nuisance activity or a
gang-related crime on the premises.
(B) Waiving testimony cost. Notwithstanding the
Cal. Gov’t Code, § 68097.2(b), a public entity may
waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer
action brought by a landlord to recover possession of
a rental unit pursuant to this chapter.
§ 9.95.050 ENFORCEMENT.
(A) Provided the owner of record or agent
thereof, and any known manager, of a premises have
been served with a written notice by certified mail,
return receipt requested, advising that the Chief of
Police has determined that the landlord is in violation
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Narcotics and Gang-Related Crime Eviction Program 83
of § 9.95.020(A), and has failed to comply with the
provisions of § 9.95.020(A) within 15 business days of
the date of service of said notice, or to file an appeal within said period as provided herein, then the city
may proceed with enforcement pursuant to this
chapter. Notwithstanding enforcement pursuant to this
chapter, the city may proceed with an action for
injunctive relief or utilize any other remedy provided
by law to compel compliance, including, but not
limited to, all remedies available to abate a nuisance. (B) For purposes of this section, the written
notice shall also identify the offending tenant(s); unit number, if applicable; and the specific violation(s),
and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that, as to such tenant(s), the landlord is required to serve and diligently prosecute either a
three-day notice to quit or a 30-day notice to vacate.
The term DILIGENTLY PROSECUTE shall mean
such prosecution by the landlord as is necessary to
cause the subject rental unit to be completely vacated
by all tenants who commit, permit, maintain or are
involved in any illegal drug activity gang-related crime or drug-related nuisance. No such vacated rental unit
may be re-rented, leased or otherwise reoccupied by
the prosecuted tenant(s) prior to the expiration of a
12-month period following the vacation of the rental
unit by the tenant(s). It is acknowledged that a tenant, in his or her answer to an unlawful detainer action,
may raise as an affirmative defense a denial that he or she has engaged in the prohibited conduct. A judicial
decision not to order the eviction of a tenant is a
defense to prosecution under this chapter.
(C) The required notice shall also state that,
within said 15-day period, the landlord may file a
written appeal of the determination of violation with
the City Clerk who shall cause the matter to be set for hearing before the hearing officer. Written notice of
the date and time of said hearing shall be served by
first class mail, addressed to the landlord’s last known business address. Following the conclusion of the
hearing, the hearing officer may affirm, reverse or
reverse subject to conditions the Police Chief’s
determination of violation. The hearing officer’s
decision shall be based upon written findings and shall be final. Any review of the hearing officer’s decision
shall be in accordance with the procedures as set forth in the Cal. Code of Civil Procedure, § 1094.5.
(D) In the event no appeal is timely filed or an
appeal is denied, the city may immediately proceed to
enforce the provisions of this chapter against such
landlord by way of criminal enforcement action.
(E) The offending tenant(s) shall be served with
a written notice by certified mail, return receipt
requested, advising such tenant(s) that the landlord is being notified of the observed criminal activity and
that the landlord is required to serve and diligently
prosecute either a three-day notice to quit or a 30-day notice to vacate. The required notice shall also state
that within 15 days of the date of the notice, the
tenant(s) may file a written appeal of the determination of violation with the City Clerk who shall cause the
matter to be set for hearing before the hearing officer.
Written notice of the date and time of said hearing
shall be served by first class mail, addressed to the
tenant(s) last known address. A decision affirming the
violation by the hearing officer shall not prevent such tenant(s) from defending any subsequent unlawful
detainer action.
§ 9.95.060 PENALTIES.
(A) It shall be unlawful for any person to violate
any provision or to fail to comply with any of the
requirements of this chapter.
(B) Any person violating any provision of this
chapter or failing to comply with any of its
requirements shall be punished as follows.
(1) For three or less violations occurring
within any 12-consecutive month period, a violation of
this chapter shall be deemed to be an infraction,
punishable by a fine not exceeding $100 for a first
violation, $200 for a second violation of the same
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San Bernardino - Public Peace, Morals and Welfare84
provision within any 12-consecutive month period and
a fine not exceeding $500 for a third violation of the
same provision occurring within any 12-consecutive
month period.
(2) A fourth violation of the same provision
occurring within any 12-consecutive month period
shall be deemed to be a misdemeanor and, upon
conviction thereof, shall be punishable by a fine not
exceeding $1,000, or by imprisonment not exceeding
six months, or by both such fine and imprisonment.
§ 9.95.070 CIVIL REMEDIES AVAILABLE.
The violations of any of the provisions of this
chapter adopted shall constitute a nuisance and may be
abated by the city through civil process by means of
restraining order, preliminary or permanent injunction
or in any other manner provided by law for the
abatement of such nuisances.
§ 9.95.080 SEVERABILITY.
Should any provision, section, paragraph,
sentence or words of this chapter be rendered or
declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections,
paragraphs, sentences and words of this chapter shall
remain in full force and effect.
(Ord. MC-1049, passed 7-8-1999)
Packet Page. 1069
CHAPTER 9.96: CRIME-FREE ZONES
Section
9.96.010 Purpose
9.96.020 Definitions
9.96.030 Procedure for establishing a
crime-free zone
9.96.040 Notice of a crime-free zone
9.96.050 Remaining in certain places
within the crime-free zone
without consent
9.96.060 Supplemental procedure
§ 9.96.010 PURPOSE.
The purpose of this chapter is to establish a
procedure for the designation of crime-free zones
within the city.
§ 9.96.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CRIME-FREE ZONE. An area that is established
pursuant to § 9.96.030.
DISPERSE. To depart from the designated
crime-free zone and not to reassemble within the
crime-free zone with anyone from the group ordered
to depart for the duration of the zone.
ILLEGAL DRUG. Has the same meaning as the
term “controlled substance” in the Cal. Health and
Safety Code, § 11007.
PUBLIC PLACE. The public way and any other
location open to the public, whether publicly or
privately owned, including, but not limited to, any
street, sidewalk, avenue, highway, road, curb area,
alley, park, playground or other public ground or
public building, any common area of a school,
hospital, apartment house, office building, transport
facility, shop, privately owned place of business to
which the public is invited, including any place of
amusement, entertainment or eating place. Any
PUBLIC PLACE also includes the front yard area,
driveway and walkway of any private residence,
business or apartment house.
§ 9.96.030 PROCEDURE FOR ESTABLISHING
A CRIME-FREE ZONE.
(A) The City Council may declare any area a
crime-free zone by adopting a resolution setting forth
the boundaries of such area.
(B) In determining whether to designate a
crime-free zone, the City Council shall consider the
following:
(1) The occurrence of a disproportionately
high number of arrests for the possession or
distribution of illegal drugs, crimes against property, crimes against persons and other violent crimes in the
proposed crime-free zone;
(2) Objective evidence or verifiable
information that shows that illegal drugs are being sold and distributed within the proposed crime-free zone;
and
(3) Any other verifiable information from
which the Council may ascertain whether the health
and safety of residents who live in the proposed
crime-free zone are endangered by the purchase, sale
or use of illegal drugs or other illegal activity.
85 Packet Page. 1070
San Bernardino - Public Peace, Morals and Welfare86
§ 9.96.040 NOTICE OF A CRIME-FREE
ZONE.
Upon the designation of a crime-free zone, the
city shall mark each block within the crime-free zone
by posting the following information in the immediate
area of, and on the borders around, the crime-free
zone:
(A) A statement that the area has been designated
a crime-free zone;
(B) The boundaries of the crime-free zone;
(C) A statement of the effective dates of the
crime-free zone designation; and
(D) Any other additional notice to inform the
public of the crime-free zone.
§ 9.96.050 REMAINING IN CERTAIN PLACES
WITHIN THE CRIME-FREE ZONE WITHOUT
CONSENT.
(A) It is unlawful for any person, other than a
public officer or employee acting within the course
and scope of his or her employment, to enter or
remain in any public place, as defined in this chapter, or private property, without the implied or express
consent of the owner, his or her agent or person in
lawful possession thereof, or with the knowledge that
such consent has been withdrawn.
(B) This section shall not apply in any of the
following instances:
(1) Where its application is directly related
to an act prohibited by the Unruh Civil Rights Act or
other law relating to prohibited discrimination against any person on account of sex, color, race, religion,
creed, ancestry or national origin;
(2) Where its application involves or is
directly related to an act prohibited by the Cal. Penal Code, § 365 or other law relating to the duties of
innkeepers or common carriers; or
(3) Where the property described in
division (A) above is owned, leased or operated by the
city or any other public entity and is open to the public and the application of this section would result in an
interference or inhibition of the exercise of
constitutionally protected right of freedom of speech;
provided the exercise of such right does not involve
prohibited conduct, including, but not limited to,
conduct prohibited by the Cal. Penal Code, §§ 647 or
415 or any law or ordinance relating to the obstruction of any street, sidewalk or other public place or place
open to the public.
(C) Any person violating this section is guilty of
a misdemeanor, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010 except that any person violating this section shall be placed on summary probation with the term
and condition that they stay away from the crime-free
zone.
Statutory reference:
Unruh Civil Rights Act, see Cal. Civil Code, § 51
§ 9.96.060 SUPPLEMENTAL PROCEDURE.
The prohibitions set forth in this chapter are
supplemental to any similar prohibitions set forth in
state law.
(Ord. MC-1228, passed 7-12-2006)
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Crime-Free Zones 87
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San Bernardino - Public Peace, Morals and Welfare88
Packet Page. 1073
CHAPTER 9.97: REGULATION OF REGISTERED SEX OFFENDERS
Section
9.97.010 Intent and purpose
9.97.020 Definition
9.97.030 Prohibitions
Editor’s note:
Ord. MC-1415, passed 7-20-2015 added
“Chapter 9.97 Psychoactive Bath Salts,
Psychoactive Herbal Incense and Other
Synthetic Drugs” in such a way that might have
supplanted “Chapter 9.97 Regulation of
Registered Sex Offenders,” which was not the
intention of the Mayor and Common
City
Council.
On advice from the City Attorney, Chapter 9.97
remains “Regulation of Registered Sex
Offenders” and “Psychoactive Bath Salts,
Psychoactive Herbal Incense and Other
Synthetic Drugs” has been moved to Chapter
9.98. This non-substantive change of chapter
number is the only change from Ord. MC-1415.
§ 9.97.010 INTENT AND PURPOSE.
(A) The Mayor and Common
City Council desire
to impose safety precautions in furtherance of the
compelling interest of protecting children from
registered sex offenders by restricting registered sex
offenders’ access to locations where children regularly gather. The Mayor and Common
City Council find that
registered sex offenders pose a clear threat to the
children residing in or visiting the community. It is the intent of the restrictions in this chapter to reduce the threat that registered sex offenders pose to these
children by limiting the ability of registered sex
offenders to be in contact with these children on
Halloween, the evening of October 31.
(B) Currently, state law does not address the
areas that registered sex offenders can frequent,
focusing only on where registered sex offenders can
reside. This chapter is not intended to conflict with,
but to supplement, state law by imposing additional
restrictions on the locations where registered sex
offenders may reside, imposing restrictions on the
locations where registered sex offenders may frequent
and imposing reasonable time, place and manner
restrictions on registered sex offenders’ contact with
children.
(Ord. MC-1380, passed 10-17-2012)
§ 9.97.020 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
REGISTERED SEX OFFENDER. Any person
who has been convicted of an offense against a child
and is required to register as a sex offender, pursuant to the Cal. Penal Code, §§ 290 et seq.
(Ord. MC-1380, passed 10-17-2012)
§ 9.97.030 PROHIBITIONS.
Any registered sex offender on October 31 of
each year shall:
(A) Leave all exterior residential, decorative and
ornamental lighting at his or her residence off between 5:00 p.m. and 11:59 p.m.;
89 Packet Page. 1074
San Bernardino - Public Peace, Morals and Welfare90
(B) Not decorate or maintain any Halloween
decorations on the exterior or any interior portion of
his or her residence that is visible to the public; and (C) Be prohibited from answering the door of his
or her residence to children who are engaging in the
practice of asking for treats on Halloween, commonly
called “trick-or-treating.”
(Ord. MC-1380, passed 10-17-2012)
Packet Page. 1075
CHAPTER 9.98: PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL
INCENSE AND OTHER SYNTHETIC DRUGS
Section
9.98.010 Purpose and intent
9.98.020 Definitions
9.98.030 Provision, sale and/or
distribution of synthetic drugs
prohibited
9.98.040 Provision, sale and/or
distribution of substances claimed
or represented to be synthetic
drugs prohibited
9.98.050 Possession of synthetic drugs
prohibited
9.98.060 Public nuisance
9.98.070 Summary abatement
9.98.080 Revocation of business license
9.98.090 Penalties
9.98.100 Seizure of evidence
9.98.110 Exclusions
9.98.120 Severability
Editor’s note:
Ord. MC-1415, passed 7-20-2015 added
“Chapter 9.97 Psychoactive Bath Salts,
Psychoactive Herbal Incense and Other
Synthetic Drugs” in such a way that might have
supplanted “Chapter 9.97 Regulation of
Registered Sex Offenders,” which was not the
intention of the Mayor and Common
City
Council.
On advice from the City Attorney, Chapter 9.97
remains “Regulation of Registered Sex
Offenders” and “Psychoactive Bath Salts,
Psychoactive Herbal Incense and Other
Synthetic Drugs” has been moved to Chapter
9.98. This non-substantive change of chapter
number is the only change from Ord. MC-1415.
§ 9.98.010 PURPOSE AND INTENT.
Recreational use of psychoactive bath salts,
psychoactive herbal incense and similar products
commonly known as “synthetic drugs” has been
documented to cause hallucinations, agitation,
psychosis, aggression, suicidal and homicidal ideation, cannibalism and death. While state and federal laws
and regulations prohibit some synthetic drugs, the
makers of these drugs continually alter the composition of the compounds in their products so as to escape the
purview of these laws and regulations. The purpose
and intent of this chapter is to provide the city with
reasonable measures to address the dangers to the
community posed by synthetic drugs that are not
regulated by state or federal law.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CONSUME , CONSUMING or
CONSUMPTION. To ingest, inhale, inject, smoke or
snort (insufflate).
DISTRIBUTE , DISTRIBUTING or
DISTRIBUTION. To furnish, give away, exchange,
transfer, deliver or supply, whether for monetary gain
or not.
PERSON. Any natural person, business, firm,
company, corporation, public corporation, club, trust,
partnership, association and/or similar organization.
POSSESS, POSSESSING or POSSESSION. To
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San Bernardino - Public Peace, Morals and Welfare92
have for consumption, distribution or sale in one’s
actual or constructive custody or control, or under
one’s authority or power, whether such custody,
control, authority and/or power be exercised solely or
jointly with others.
PROVIDE, PROVIDING or PROVISION.
Offering to distribute or sell a product or substance to any person.
PSYCHOACTIVE BATH SALTS.
(1) Any crystalline or powder product that
contains a synthetic chemical compound that, when
consumed, elicits psychoactive or psychotropic
stimulant effects. The term PSYCHOACTIVE BATH
SALTS includes without limitation:
(a) Products that elicit psychoactive or
psychotropic stimulant effects and contain any of the
following intoxicating chemical compounds:
1. Cathinone (2-amino-1-phenyl-
1-propanone), 4-methylmethcathinone (2-methylamino-
1-(4-methylphenyl) propan-1-one), 4-
methoxymethcathinone (1-(4-methoxyphenyl)-2-
(methylamino) propan-1-one), MDPV
(methylenedioxypyrovalerone), MDMA (3,4-
methylenedioxy-N-methylamphetamine), methylone
(3,4-methylenedioxy-N-methylcathinone),
methcathinone (2-(methylamino)-1-phenyl-propan-1-
one), flephedrone (4-fluoromethcathinone), 3-FMC (3-
fluoromethcathinone), ethcathinone (2-ethylamino-1-
phenyl-propan-1-one), butylone (-keto-N-
methylbenzodioxolyl butanamine), a-PPP
(-pyrrolidinopropiophenone), MPPP (4’-methyl-
pyrrolidinopropiophe none), MD PPP (3’,4’-
methylenedioxy-pyrrolidinopropiophenone), -PVP (1-
phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone
(1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one);
2. Any derivative of the above
listed intoxicating chemical compounds;
3. Any synthetic substance and
its isomers with a chemical structure similar to the
above listed compounds;
4. Any chemical alteration of the
above listed intoxicating chemical compounds; or
5. Any other substantially similar
chemical structure or compound.
(b) Products that elicit psychoactive or
psychotropic stimulant effects and are marketed under
any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine,
Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar
Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure
Ivory, Purple Wave, Red Dove, Scarface, Snow
Leopard, Stardust, Vanilla Sky, White Dove, White
Night and White Lightning.
(2) The term PSYCHOACTIVE BATH
SALTS shall not include any product, substance,
material, compound, mixture or preparation that is
specifically excepted by the California Uniform
Controlled Substances Act (“UCSA”) (Cal. Health and
Safety Code, §§ 11000 et seq.), listed in one of the
UCSA’s schedules of controlled substances (Cal.
Health and Safety Code, §§ 11053-11058
through
11059); regulated by one of the UCSA’s Synthetic
Drug Laws (Cal. Health and Safety Code, §§ 11357.5,
11375.5 and 11401); regulated by the CSA
Controlled
Substances Act (21 U.S.C. §§ 81 801 et seq.); or
approved by the Food and Drug Administration
(“FDA”).
PSYCHOACTIVE HERBAL INCENSE.
(1) Any organic product consisting of plant
material that contains a synthetic stimulant compound
that, when consumed, elicits psychoactive or
psychotropic euphoric effects. The term
PSYCHOACTIVE HERBAL INCENSE includes,
without limitation:
(a) Products that elicit psychoactive or
psychotropic euphoric effects and contain any of the
following intoxicating chemical compounds:
1. Cannabicyclohexanol (2-
[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)
phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3-
yl) methanone), JWH-073 (naphthalen-1-yl-(1-
butylindol-3-yl) methanone), JWH-200 ((1-(2-
morpholin-4-ylethyl) indol-3-yl)-naphthalen-1-
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Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs 93 ylmethanone), HU-210 ((6aR,10aR)-9-
(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a, 7, 10, 10a-tetrahydrobenzo [c]chromen-1-ol), CP
47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-)2-
methyloctan-2-yl)phenol) CP 47,497 (2-[(1R,3S)-3-
hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol) or
AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-
(naphthalen-1-yl) methanone);
2. Any derivative of the above
listed intoxicating chemical compounds;
3. Any synthetic substance and
its isomers with a chemical structure similar to the
above listed intoxicating chemical compounds;
4. Any chemical alteration of the
above listed intoxicating chemical compounds; or
5. Any other substantially similar
chemical structure or compound.
(b) Products that elicit psychoactive or
psychotropic euphoric effects and are marketed under
any of the following trade names: K2, K3, Spice,
Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo,
Pulse, Hush, Mystery, Earthquake, Black Mamba,
Stinger, Ocean Blue, Stinger, Serenity, Fake Weed
and Black Mamba.
(2) The term PSYCHOACTIVE HERBAL
INCENSE shall not include any product, substance,
material, compound, mixture or preparation that is
specifically excepted by the UCSA (Cal. Health and
Safety Code, §§ 11000 et seq.), listed in one of the
UCSA’s schedules of controlled substances (Cal.
Health and Safety Code, §§ 11053 through
11058through 11059); regulated by one of the UCSA’s
Synthetic Drug Laws (Cal. Health and Safety Code, §§
11357.5, 11375.5 and 11401); regulated by the
CSA
Controlled Substances Act (21 U.S.C. §§ 81801
et seq.); or approved by the FDA.
PSYCHOACTIVE OR PSYCHOTROPIC
EUPHORIC EFFECTS. Affecting the central nervous
system or brain function to change perception, mood,
consciousness, cognition and/or behavior in ways that
are similar to the effects of cannabis.
PSYCHOACTIVE OR PSYCHOTROPIC
STIMULANT EFFECTS. Affecting the central
nervous system or brain function to change perception,
mood, consciousness, cognition and/or behavior in
ways that are similar to the effects of cocaine,
methylphenidate or amphetamines.
SELL, SELLING or SALE. To furnish,
exchange, transfer, deliver or supply for monetary
gain.
SYNTHETIC DRUG. Shall include psychoactive
bath salts and psychoactive herbal incense, as those
terms are defined hereinabove.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.030 PROVISION, SALE AND/OR
DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED.
(A) It is unlawful for any person to claim or
represent that a product that person is providing,
distributing or selling is a synthetic drug within the
city.
(B) Merely disclaiming a synthetic drug as “not
safe for human consumption” will not avoid the
application of the section.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.040 PROVISION, SALE AND/OR
DISTRIBUTION OF SUBSTANCES CLAIMED
OR REPRESENTED TO BE SYNTHETIC
DRUGS PROHIBITED.
(A) It is unlawful for any person to claim or
represent that a product that person is providing,
distributing or selling is a synthetic drug within the
city.
(B) To determine if a person is claiming or
representing that a product is a synthetic drug, the
enforcing officer may consider any of the following
evidentiary factors:
(1) The product is not suitable for its
marketed use (such as crystalline or powder product
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San Bernardino - Public Peace, Morals and Welfare94
being marketed as “glass cleaner”);
(2) The business providing, distributing or
selling the product does not typically provide,
distribute or sell products that are used for that
product’s marketed use (such as a liquor store selling
“plant food”);
(3) The product contains a warning label
that is not typically present on products that are used for that product’s marketed use (such as “not for
human consumption,” “not for purchase by minors” or
“does not contain chemicals banned by the Cal. Health
and Safety Code, § 11357.5”);
(4) The product is significantly more
expensive than products that are used for that
product’s marketed use (such as one-half of a gram of
a substance marketed as “glass cleaner” costing $50);
(5) The product resembles an illicit street
drug (such as cocaine, methamphetamine or
marijuana); or
(6) The product’s name or packaging uses
images or slang referencing an illicit street drug (such as “Eight Ballz” or “Green Buddha”).
(C) Merely disclaiming a substance claimed or
represented to be a synthetic drug as “not safe for
human consumption” will not avoid the application of
this section.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.050 POSSESSION OF SYNTHETIC
DRUGS PROHIBITED.
It is unlawful for any person to possess any
synthetic drug within the city.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.060 PUBLIC NUISANCE.
(A) It is a public nuisance for any person to
provide, distribute or sell any synthetic drug within the city.
(B) It is a public nuisance for any person to
allow the provision, distribution or sale of any
synthetic drug on property owned, controlled or
managed by such person within the city.
(C) It is a public nuisance for any person to
provide, distribute or sell any substance claimed or
represented to be a synthetic drug within the city.
(D) It is a public nuisance for any person to
allow the provision, distribution or sale of any
substance claimed or represented to be a synthetic drug on property owned, controlled or managed by such
person within the city.
(E) To determine if a person is claiming or
representing that a substance or product is a synthetic drug, the enforcing officer may consider any of the
evidentiary factors set forth in § 9.98.040(B).
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.070 SUMMARY ABATEMENT.
Because the use of synthetic drugs has been
documented to cause hallucinations, agitation,
psychosis, aggression, suicidal and homicidal ideation, cannibalism and death, any violation of the chapter
presents a grave and imminent danger not only to the
person consuming the synthetic drug, but also to the
public at large. If the enforcement officer, based on
the facts then known, determines that a violation of
this chapter presents an imminent danger or hazard or
is imminently injurious to the public health or safety, then that violation is punishable by the summary
abatement.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.080 REVOCATION OF BUSINESS
LICENSE.
No person holding a validly issued city business
license and owning or operating a business in the city
may use that business to provide, distribute or sell any synthetic drug or any substance claimed or represented
to be a synthetic drug. A violation of this section by
the holder of a validly issued city business license shall constitute grounds for the modification, suspension
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Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs 95 and/or revocation of said license.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.090 PENALTIES.
(A) Misdemeanor violation. Failure to comply
with any of the requirements of this chapter is a
misdemeanor punishable by imprisonment in the
county jail for a period not exceeding six months or by fine not exceeding $1,000, or by both; provided that
where the City Attorney determines that such action
would be in the interest of justice, he or she may
specify in the accusatory pleading that the offense shall be an infraction.
(B) Infraction violation. Where the City Attorney
determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is
punishable by a fine not exceeding $100 for a fist
violation, a fine not exceeding $200 for a second
violation of the same provision within one year and a
fine not exceeding $500 for each additional infraction
violation of the same provision withing one year. An
infraction is not punishable by imprisonment. A person
charged with an infraction shall not be entitled to a
trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense
to represent him or her, unless he or she is arrested
and not released on his or her written promise to
appear, his or her own recognizance or a deposit of
bail. However, any person who has previously been
convicted two or more times during any 12-month
period for any violation of this chapter for a crime
made punishable as an infraction shall be charged with
a misdemeanor upon the third violation.
(C) Separate offense. Each person committing,
causing or maintaining a violation of this chapter or
failing to comply with the requirements set forth
herein shall be deemed guilty of a separate offense for each and every day during any portion of which any
violation of any provision of this chapter is committed, continued, maintained or permitted by such person and
shall be punishable accordingly.
(D) Civil remedies available; remedies
cumulative. In addition to the penalties provided in this section, any condition caused or permitted to exist in
violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the
city by civil process by means of a restraining order,
preliminary or permanent injunction or in any manner
provided by law for the abatement of such nuisance.
All remedies herein are cumulative and non-exclusive.
(E) Administrative citation/administrative civil
penalty. In lieu of issuing a criminal citation, the city may issue an administrative citation pursuant to
Chapter 9.92 or an administrative civil penalty
pursuant to Chapter 9.93 to any person responsible for
committing, causing or maintaining a violation of this
chapter. Nothing in this section shall preclude the city from also issuing a citation upon the occurrence of the same offense on a separate day.
(F) Additional penalties; costs of abatement .
Nothing in this chapter shall preclude the city from
pursuing the remedies made applicable hereto
elsewhere in this municipal code or under state law,
including, but not limited to, as applicable, denial or revocation of certificates of occupancy and injunctive
relief. In any administrative or criminal proceeding
involving the abatement of a public nuisance, the city
shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to,
investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of
such cost by the city.
(G) Public nuisance remedies. The prevailing
party in any proceeding associated with the abatement
of a public nuisance as provided herein shall be
entitled to recovery of attorneys’ fees incurred in any such proceeding, where the city has elected, at the
initiation of that individual action or proceeding to
seek recovery of its own attorneys’ fees. In no action, administrative proceeding or special proceeding shall
an award of attorneys’ fees to a prevailing party
exceed the amount of reasonable attorneys’ fees
incurred by the city in the action or proceeding.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.100 SEIZURE OF EVIDENCE.
Any product(s) or substances(s) possessed,
provided, distributed or sold in violation of any
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provision of this chapter shall be seized by the
enforcing officers and removed and stored in
accordance with law.
(Ord. MC-1415, passed 7-20-2015)
§ 9.98.110 EXCLUSIONS.
(A) This chapter shall not apply to drugs or
substances lawfully prescr ibed or to intoxicating
chemical compounds which have been approved by the
Federal Food and Drug Administration or which are
specifically permitted by state law, including, without limitation, intoxicating chemical compounds that are
specifically excepted by the State Uniform Controlled
Substances Act (Cal. Health and Safety Code, §§
11000 et seq.).
(B) This chapter shall not apply to drugs or
substances which are prohibited by state or federal
law, including, without limitation, Cal. Health and
Safety Code, §§ 11357.5, 11375.5, 11401 and the
Federal Controlled Substances Act.
(C) This chapter shall not be deemed to prescribe
any act which is positively permitted, prohibited or
preempted by any state or federal law or regulation.
(Ord. MC-1415, passed 7-20-2015)
Statutory reference:
Federal Controlled Substances Act, see 21
U.S.C. §§ 801 et seq.
§ 9.98.120 SEVERABILITY.
If any division, sentence, clause or phrase of this
chapter is, for any reason, held to be invalid or
unconstitutional by a decision of any court of
competent jurisdiction or preempted by state or federal legislation, such decision or legislation shall not affect the validity of the remaining portions of this chapter.
The City Council declares that it would have passed
this chapter and each and every division, sentence,
clause or phrase not declared invalid or
unconstitutional without regard to any such decision or preemptive legislation.
(Ord. MC-1415, passed 7-20-2015)
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TITLE 10: VEHICLES AND TRAFFIC
Chapter
ARTICLE I. GENERAL REGULATIONS
10.04. DEFINITIONS
10.08. OBEDIENCE TO TRAFFIC REGULATIONS
10.12. TRAFFIC-CONTROL DEVICES
10.16. STOPPING, STANDING AND PARKING
10.20. SPECIAL STOPS
10.24. OPERATION OF VEHICLES AND BICYCLES
10.25. VEHICLES FOR SALE ON PUBLIC STREETS
10.28. PEDESTRIANS
10.32. BUSES AND RAILROAD TRAINS
10.36. LOADING ZONES, BUS STOPS AND CROSSWALKS
10.38. DRIVE-IN ESTABLISHMENTS
10.40. DAMAGE TO PROPERTY
10.44. VIOLATION - PENALTY
ARTICLE II. SPECIFIC REGULATIONS
10.48. BICYCLES
10.52. SPEED LIMITS
10.56. NOISE LIMITS
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San Bernardino - Vehicles and Traffic2
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ARTICLE I. GENERAL REGULATIONS
CHAPTER 10.04: DEFINITIONS
Section
10.04.010 Defined words from Vehicle
Code
10.04.020 Generally
10.04.025 Abandoned vehicle
10.04.030 Alley
10.04.040 Commercial vehicle
10.04.050 Reserved
10.04.060 Holiday and holidays
10.04.070 Loading zone
10.04.080 Official traffic-control devices
10.04.090 Official traffic signals
10.04.095 Off-street parking facility
10.04.100 Owned by the city
10.04.110 Park
10.04.120 Parkway
10.04.130 Passenger loading zone
10.04.140 Pedestrian
10.04.150 Police officer and Chief of Police
10.04.160 Shall and may
10.04.170 Stop
10.04.180 Stop or stand
Statutory reference:
For provisions defining terms used in the
California Vehicle Code, see Cal. Vehicle
Code, §§ 100 et seq.
§ 10.04.010 DEFINED WORDS FROM
VEHICLE CODE.
The following words and phrases, when used in
this article, shall, for the purpose of this article, have the meaning respectively ascribed to them by the
California Vehicle Code as of the effective date of the ordinance codified in this article, or as hereafter
amended, which meaning is adopted by reference, and
made a part of this article: authorized emergency
vehicle, authorized emergency vehicle (privately
owned), business district, bicycle, crosswalk, driver,
intersection, motorcycle, motortruck, motor vehicle,
operator, person, private road or driveway, residence
district, roadway, safety zone, sidewalk, street or
highway, through highway and vehicle.
(Ord. 1652, passed 3-18-1941; Ord. 3233, passed
1-18-1972)
§ 10.04.020 GENERALLY.
Whenever, in this article, the words and phrases
set forth in this chapter are used, they shall, for the purpose of this article, have the meanings respectively ascribed to them in this chapter.
(Ord. 1652, passed 3-18-1941)
§ 10.04.025 ABANDONED VEHICLE.
ABANDONED VEHICLE. Any vehicle left
standing or parked for 72 or more consecutive hours
upon a street, alley, off-street parking facility, public property or private property without the consent of the owner.
(Ord. MC-668, passed 7-19-1989)
§ 10.04.030 ALLEY.
ALLEY. Any street less than 25 feet in width
between property lines.
(Ord. 1652, passed 3-18-1941)
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§ 10.04.040 COMMERCIAL VEHICLE.
COMMERCIAL VEHICLE. A vehicle, of a type
required to be registered under the California Vehicle
Code, designated, used or maintained primarily for the
transportation of persons or property for hire.
(Ord. MC-668, passed 7-19-1989)
§ 10.04.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-210, passed 9-20-1982)
§ 10.04.060 HOLIDAY AND HOLIDAYS.
HOLIDAY and HOLIDAYS. As used in this
article, or any resolution adopted pursuant thereto,
means and includes state holidays, including such
holidays when celebrated on the Monday following the
Sunday upon which any of such holidays may fall.
(Ord. 1652, passed 3-18-1941; Ord. 2690, passed
10-5-1965)
§ 10.04.070 LOADING ZONE.
LOADING ZONE. The space adjacent to a curb
reserved for the exclusive use of commercial vehicles
for the loading or unloading of passengers or freight.
(Ord. MC-668, passed 7-19-1989)
§ 10.04.080 OFFICIAL TRAFFIC-CONTROL
DEVICES.
OFFICIAL TRAFFIC-CONTROL DEVICES.
All signs, signals, markings and devices not
inconsistent with this article, placed or erected by
authority of a public body or official having
jurisdiction, for the purpose of regulating, warning or guiding traffic.
(Ord. 1652, passed 3-18-1941)
§ 10.04.090 OFFICIAL TRAFFIC SIGNALS.
OFFICIAL TRAFFIC SIGNALS. Any device,
whether manually, electrically or mechanically
operated, by which traffic is alternately directed to
stop and to proceed, and which is erected by authority
of a public body or official having jurisdiction.
(Ord. 1652, passed 3-18-1941)
§ 10.04.095 OFF-STREET PARKING FACILITY.
OFF-STREET PARKING FACILITY. Any
off-street facility held open for use by the public for parking vehicles and includes any publicly owned
facilities for off-street parking and privately owned
facilities for off-street parking where no fee is charged for the privilege to park and which are held open for
the common public use of retail customers.
(Ord. MC-668, passed 7-19-1989)
§ 10.04.100 OWNED BY THE CITY.
OWNED BY THE CITY. As used in this article,
or any resolution adopted pursuant thereto, means
owned, leased, operated or controlled by the city.
(Ord. 1652, passed 3-18-1941; Ord. 3233, passed
1-18-1972)
§ 10.04.110 PARK.
PARK. The stopping or standing of a vehicle,
whether occupied or not, otherwise than temporarily
for the purpose of, and while actually engaged in,
loading or unloading passengers or materials.
(Ord. 1652, passed 3-18-1941)
§ 10.04.120 PARKWAY.
PARKWAY. The portion of a street other than a
roadway or a sidewalk.
(Ord. 1652, passed 3-18-1941)
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Definitions 5
§ 10.04.130 PASSENGER LOADING ZONE.
PASSENGER LOADING ZONE. The space
adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers. (Ord. 1652, passed 3-18-1941)
§ 10.04.140 PEDESTRIAN.
PEDESTRIAN. Any person afoot.
(Ord. 1652, passed 3-18-1941)
§ 10.04.150 POLICE OFFICER AND CHIEF
OF POLICE.
CHIEF OF POLICE. On and after the effective
date of this section, the duties of the Chief of Police under this article, as set forth in §§ 10.12.010(A)(3),
10.12.020, 10.12.040, 10.16.010, 10.16.020,
10.16.030, 10.16.070, 10.16.090, 10.20.010,
10.36.010, 10.36.020 and 10.44.010, shall become the
duties of the City Engineer and wherever the title
“Chief of Police” appears in said sections, the
designation thereof shall be “City Engineer” for all
purposes and shall be cited and referred to
accordingly.
POLICE OFFICER. Every officer of the Police
Department of this city.
(Ord. 1652, passed 3-18-1941; Ord. 2392, passed
9-26-1961)
§ 10.04.160 SHALL AND MAY.
SHALL is mandatory and MAY is permissive.
(Ord. 1652, passed 3-18-1941)
§ 10.04.170 STOP.
STOP. When required, means complete cessation
of movement.
(Ord. 1652, passed 3-18-1941)
§ 10.04.180 STOP OR STAND.
STOP or STAND. When prohibited, means any
stopping of a vehicle except when necessary to avoid
conflict with other traffic or in compliance with the
direction of a police officer or official traffic-control device.
(Ord. 1652, passed 3-18-1941)
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San Bernardino - Vehicles and Traffic6
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CHAPTER 10.08: OBEDIENCE TO TRAFFIC REGULATIONS
Section
10.08.010 Obedience to police
10.08.020 Exemptions to authorized
emergency vehicles
Statutory reference:
For provisions on local authority to regulate
traffic by means of traffic officers, see Cal.
Vehicle Code, § 21100.
§ 10.08.010 OBEDIENCE TO POLICE.
Officers of the Police Department, and such
individuals as are designated by the Chief of Police, or his or her representative, are authorized to direct all traffic by means of visible or audible signal, and it is unlawful for any person to refuse or fail to comply
with any such unlawful order, signal or direction. It is unlawful for any minor to direct or attempt to direct
traffic, except when so authorized to do so by the
Chief of Police or said Chief’s representative.
(Ord. 1652, passed 3-18-1941)
§ 10.08.020 EXEMPTIONS TO AUTHORIZED
EMERGENCY VEHICLES.
The provisions of this article regulating the
operation, parking and standing of vehicles shall not
apply to authorized emergency vehicles, or authorized
emergency vehicles (privately owned), as defined in §
10.04.010.
(Ord. 1652, passed 3-18-1941)
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San Bernardino - Vehicles and Traffic8
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CHAPTER 10.12: TRAFFIC-CONTROL DEVICES
Section
10.12.010 Traffic signals, safety zones,
turning markers and turns
10.12.020 One-way streets and alleys
10.12.030 Obedience to no-turn signs and
turning markers
10.12.040 Signaling devices
10.12.050 Enforcement
Statutory reference:
For provisions on local authority to place
traffic-control devices, see Cal. Vehicle Code,
§§ 21351 et seq. and 21450 et seq.
§ 10.12.010 TRAFFIC SIGNALS, SAFETY
ZONES, TURNING MARKERS AND TURNS.
(A) The Common
City Council shall, by
resolution, authorize:
(1) The installation and maintenance of
official traffic signals at such intersections and other places as it may deem necessary for the regulation of
traffic;
(2) The establishment of safety zones at
such places as it may deem necessary for the
protection of pedestrians; and
(3) The establishment of turning markers,
U-turns and right and left turns at such places as it
may deem necessary for the regulation of traffic;
provided, however, the City Engineer or Director of
Public Services are authorized to designate safety
zones, no parking zones, turning markers, U-turns and
right and left turns in all cases of emergency or as a
temporary measure for a period of not exceeding 15
days at such place or places as such officer may deem
necessary. The City Engineer shall erect official traffic signals at such appropriate place or places, and the
Director of Public Services shall erect such official
traffic signs at such place or places.
(B) The City Engineer shall install and maintain,
or cause to be installed and maintained, such official
traffic signals as are authorized by the Common
City
Council; the Director of Public Services shall install
and maintain, or cause to be installed and maintained,
such official safety zones, turning markers, U-turns
and right and left turns as are authorized by the
Common
City Council.
(C) The City Engineer is authorized to cause the
placing and maintenance of warning and control
devices for public works projects being done under
contract with the city. Any person or firm performing
work in a city street pursuant to such a contract shall provide warning and control devices as may be
required in accordance with the latest edition of the
“Work Area Traffic Control Handbook”
(“WATCH”), as promulgated by the American Public
Works Association, or as may be approved by the City
Engineer. Such devices shall be removed after
completion of the work or improvement project when
their use is no longer required.
(D) The Director of Public Services is authorized
to cause the placing and maintenance of warning and
control devices for street cutting and street
improvement projects not performed under public
works contract with the city. Designation of the types
and number and placement of signs shall be the duty of
the City Engineer, or his or her designee, who shall
file a copy of any such designation with the Director
of Public Services. Any person or firm performing
work in a city street, other than as a contractor on a
public works project for the city, shall provide
warning and control devices as may be required in
accordance with the latest edition of the “Work Area
Traffic Control Handbook” (“WATCH”), as
promulgated by the American Public Works
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San Bernardino - Vehicles and Traffic10
Association, or as may be approved by the Director of
Public Services. The Director of Public Services shall
have authority to enforce the placement and
maintenance of all such traffic-control devices as are
designated by the City Engineer or as are otherwise
required by the Director of Public Services. Such
devices shall be removed after completion of the work
or improvement project when their use is no longer
required.
(Ord. 1652, passed 3-18-1941; Ord. 3658, passed
7-18-1977; Ord. MC-344, passed 2-22-1984)
§ 10.12.020 ONE-WAY STREETS AND
ALLEYS.
Whenever the Common
City Council, by
resolution, designates any one-way street or alley, the Director of Public Services shall install and maintain
signs giving notice thereof and indicating the course to be traveled. When such signs are so erected, no person
shall drive any vehicle in a direction contrary thereto. (Ord. 1652, passed 3-18-1941; Ord. 1706, passed
12-21-1943; Ord. MC-344, passed 2-22-1984)
§ 10.12.030 OBEDIENCE TO NO-TURN SIGNS
AND TURNING MARKERS.
Whenever authorized signs are erected indicating
that no right or left or U-turn is permitted, no driver of any vehicle, except a bus, shall disobey the
directions of any such sign; and when authorized
marks, buttons or other indications are placed within
an intersection indicating the course to be traveled by vehicles turning thereat, no driver of any vehicle,
except a bus, shall disobey the directions of such
indications; provided that such exception shall be
observed as are permitted by law.
(Ord. 1652, passed 3-18-1941; Ord. 2856, passed
10-3-1967)
§ 10.12.040 SIGNALING DEVICES.
It is unlawful for the operator of any vehicle to
make a right turn in violation of or against a red or
stop signal at any intersection in the city when a sign is erected at such intersection prohibiting any such
right turn against a red or stop signal. The Mayor and
Common
City Council shall, by resolution, designate
such intersections, and the Director of Public Services shall cause signs to be placed and maintained
prohibiting any such right turn as herein provided.
(Ord. 1652, passed 3-18-1941; Ord. 1949, passed
7-22-1952; Ord. MC-344, passed 2-22-1984; Ord.
MC-460, passed 5-15-1985)
§ 10.12.050 ENFORCEMENT.
No provision of this article for which signs are
required shall be enforced against an alleged violator
if, at the time and place of the alleged violation, an
official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(Ord. 1652, passed 3-18-1941)
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CHAPTER 10.16: STOPPING, STANDING AND PARKING
Section
10.16.010 Parking time limited in certain
places
10.16.020 Parking prohibited at any time
10.16.030 Angle parking
10.16.040 Parking parallel on one-way
streets
10.16.050 Loading and unloading
passengers and freight
10.16.060 Parking spaces
10.16.070 Twenty-minute parking
10.16.080 Bus and taxicab stands
10.16.090 Stopping prohibited within
certain places
10.16.100 Unlawful parking for certain
purposes
10.16.110 Limited parking - alleys and
narrow streets
10.16.120 Parking of commercial vehicles
prohibited on public streets and
rights-of-way; exceptions
10.16.130 Application of other laws
prohibiting the stopping, standing
or parking of vehicles
10.16.140 Removal of ignition key
10.16.150 Parking enforcement
10.16.160 Reserved
10.16.170 Parking - Commissioners
10.16.180 Exemption to parking restriction
- issuing of permit
10.16.190 Parking - Commissioners’
permits
10.16.200 Limited parking - street sweeping
10.16.210 Parking limitations - Central City
Mall
10.16.220 Reserved
10.16.230 Parking abandoned vehicles
10.16.240 Parking on unpaved parcels of
real property
10.16.250 Parking on unpaved parcels of
multi-residential, commercial or
industrial property
10.16.260 Parking of recreation vehicles on
public right-of-way
10.16.270 Parking limitations - San
Bernardino Baseball Stadium
premises
10.16.280 Parking on off-street parking
areas
10.16.290 Private property vehicle impound
report and fee
Statutory reference:
For provisions on local parking curb markings,
see Cal. Vehicle Code, § 21458.
For provisions on local parking regulations, see
Cal. Vehicle Code, §§ 22500 et seq. and 22652.
For provisions on local traffic regulation, see
Cal. Vehicle Code, §§ 21100 et seq.
§ 10.16.010 PARKING TIME LIMITED IN
CERTAIN PLACES.
(A) Whenever the Mayor and Common
City
Council, by resolution, determine that any street, alley or portion thereof, or other property owned, leased,
operated or controlled by the city, shall be restricted or limited as to time or purpose of parking thereon,
the Director of Public Services shall cause signs or
markings giving adequate notice thereof to be placed
and maintained on such street, alley or other property
indicating such limitations or purposes as may be
provided in such resolution.
(B) After the sign or marking has been placed
pursuant to this section, it is unlawful for any driver of any vehicle to park such vehicle on such street, alley
or portion thereof, or other property for a time longer or for a purpose other than is indicated on the sign or marking, or contrary to the restriction indicated on the sign or marking.
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San Bernardino - Vehicles and Traffic14
(C) The driving or moving of a vehicle from one
parking space to a different parking space in the same
time-restricted street, alley or portion thereof, or other property, shall not be deemed a defense to the time
limitations imposed by this section.
(Ord. 1652, passed 3-18-1941; Ord. 3328, passed
1-17-1973; Ord. 3837, passed 6-19-1979; Ord. 3845,
passed 7-11-1979; Ord. MC-344, passed 2-22-1984)
§ 10.16.020 PARKING PROHIBITED AT ANY
TIME.
(A) Whenever the Common
City Council
determines, by resolution, that the stopping, standing
or parking of any vehicle upon any street, alley or
portion thereof, or upon other property owned, leased,
operated or controlled by the city, will create a traffic hazard or tend to create traffic congestion, the
Director of Public Services shall indicate, or cause to be indicated, such place or places by appropriate
signs, or he or she shall place, or cause to be placed, and maintained red paint upon the entire curb surface
of such street, alley or portion thereof, or of such
property, and it thereafter is unlawful for the driver of any vehicle to stop, stand or park such vehicle on any
such street, alley or portion thereof, or other city
property in violation of such signs or red paint.
(B) It is unlawful for any person to stop, stand or
park a vehicle upon any street, alley or portion
thereof, or other property owned, leased, operated or
controlled by the city:
(1) Within 50 feet of the nearest rail of a
railroad crossing;
(2) Within 20 feet of a crosswalk except
that a bus may stop at a designated bus stop;
(3) Within 30 feet of the approach to any
traffic signal, stop sign or flashing beacon;
(4) At any place where the City Engineer
determines that it is necessary in order to eliminate
dangerous traffic hazards, such location not to exceed
50 feet in length;
(5) In front of a public or private driveway,
except that a bus engaged as a common carrier, school
bus or a taxicab may stop to load or unload passengers
when authorized by the city pursuant to ordinance; or
(6) On a sidewalk, except electric cars
when authorized by city ordinance, as specified in Cal.
Vehicle Code, § 21114.5.
(C) Whenever the Common
City Council
determines, by resolution, that the parking of any
commercial vehicle or house car upon any street, alley
or part thereof, or upon other property owned, leased,
operated or controlled by the city, will create a traffic hazard, the Director of Public Services shall indicate, or cause to be indicated, such place or places by
appropriate prohibitory signs, and it is thereafter
unlawful for the driver of any commercial vehicle or
house car to park such commercial vehicle or house
car on any such street or alley, or portion thereof, or on other property in violation of such signs.
(D) Pursuant to the Cal. Vehicle Code, § 22651
or other state law, any vehicle parked or left standing where the Mayor and Common
City Council, by
resolution or ordinance, have prohibited such parking
may be removed. No vehicle may be removed unless
signs are posted giving notice of the removal.
(Ord. 1652, passed 3-18-1941; Ord. 3315, passed
12-7-1972; Ord. 3328, passed 1-17-1973; Ord. 3736,
passed 7-5-1978; Ord. MC-344, passed 2-22-1984;
Ord. MC-460, passed 5-15-1985; Ord. MC-641,
passed 11-9-1988)
§ 10.16.030 ANGLE PARKING.
The Common
City Council is authorized to
determine, by resolution, those streets or parts of
streets upon which angle parking shall be permitted
(other than upon those state highways where such
parking is prohibited by the California Vehicle Code)
and the Director of Public Services shall place and
maintain white lines upon the surface of the roadway
indicating the angle at which parking is permitted.
(Ord. 1652, passed 3-18-1941; Ord. MC-344, passed
2-22-1984)
§ 10.16.040 PARKING PARALLEL ON
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Stopping, Standing and Parking 15
ONE-WAY STREETS.
(A) Subject to other and more restrictive
limitations, a vehicle may be stopped or parked within
18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street.
(B) In the event a highway includes two or more
separate roadways and traffic is restricted to one
direction upon any such roadway, no person shall
stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting
such standing or parking.
(Ord. 1652, passed 3-18-1941; Ord. 2768, passed
8-23-1966)
§ 10.16.050 LOADING AND UNLOADING
PASSENGERS AND FREIGHT.
It is unlawful for the operator of any vehicle to
stop such vehicle for a period of time longer than is
necessary for the loading or unloading of passengers
or freight; provided that in no event shall such vehicle be stopped for a period in excess of three minutes for
the loading or unloading of passengers, nor in excess
of 40 minutes for the loading or unloading of freight,
in any of the following places:
(A) At any curb where the grade of the street
exceeds 12%;
(B) In any alley; and
(C) In any loading zone, as authorized by the
City Traffic Engineer; and provided, further, that such vehicle is authorized to be stopped for a period not to exceed ten minutes for the loading or unloading of
passengers immediately adjacent to hotel entrances.
(Ord. 1652, passed 3-18-1941; Ord. 3328, passed
1-17-1973)
§ 10.16.060 PARKING SPACES.
(A) The Director of Public Services is authorized
to install and maintain parking space markings to
indicate parking spaces where authorized parking is
permitted.
(B) When such parking space markings are
placed, subject to other and more restrictive limitation, no vehicle shall be stopped, left standing or parked
other than within a single space, unless the size or
shape of such vehicle makes compliance impossible.
(Ord. 1652, passed 3-18-1941; Ord. 3328, passed
1-17-1973; Ord. MC-344, passed 2-22-1984)
§ 10.16.070 TWENTY-MINUTE PARKING.
When the Director of Public Services places and
maintains, or causes to be placed and maintained,
authorized signs or green paint on curbs, no vehicle
may be parked for a longer period of time than 20
minutes as indicated on such signs or by the green
paint on the curbs.
(Ord. 1652, passed 3-18-1941; Ord. 3328, passed
1-17-1973; Ord. MC-344, passed 2-22-1984)
§ 10.16.080 BUS AND TAXICAB STANDS.
(A) The driver of a bus or taxicab shall not stand
or park upon any street in any business district at any place other than at a bus stop, or taxicab stand,
respectively, except that this provision shall not
prevent the driver of any such vehicle from
temporarily stopping in accordance with other stopping
or parking regulations at any place for the purposes of, and while actually engaged in, loading or unloading
passengers.
(B) It is unlawful for any person to stop, stand or
park a vehicle other than a bus in a bus stop when any
such stop has been officially designated and
appropriately signed, except that the driver of a
passenger vehicle may temporarily stop therein for the
purpose of and while actually engaged in loading or
unloading passengers when such stopping does not
interfere with any bus waiting to enter or about to
enter such zones.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.16.090 STOPPING PROHIBITED WITHIN
CERTAIN PLACES.
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San Bernardino - Vehicles and Traffic16
(A) It is unlawful for the operator of any motor
vehicle to stop such vehicle, except when necessary to
avoid conflicts with other traffic, or in compliance
with the direction of a police officer or traffic sign or signal in any of the following designated places.
(B) At any point where the adjacent curb has
been painted or marked red by the Director of Public
Services, or at any place where, by other appropriate
signs placed and maintained by the Chief of Police,
notice is given that the stopping of vehicles is
prohibited.
(Ord. 1652, passed 3-18-1941; Ord. MC-344, passed
2-22-1984)
§ 10.16.100 UNLAWFUL PARKING FOR
CERTAIN PURPOSES.
It is unlawful for the operator of any vehicle to
stand or park such vehicle upon any roadway for the
principal purpose of:
(A) Washing, greasing or repairing such vehicle
except repairs necessitated by an emergency; and
(B) Within the business district from which
vehicle merchandise is being sold.
(Ord. 1652, passed 3-18-1941; Ord. MC-401, passed
8-21-1984; Ord. MC-460, passed 5-15-1985)
§ 10.16.110 LIMITED PARKING - ALLEYS
AND NARROW STREETS.
(A) It is unlawful for the driver of any vehicle to
park such vehicle upon any public street or alley
within the city, the roadway of which is not more than
25 feet and not less than 20 feet in width for a period of not to exceed 30 minutes between the hours of 8:00
a.m. and 5:00 p.m. of any day except Sundays and
holidays.
(B) It is unlawful for the driver, owner or
operator of any truck to park such vehicle upon any
public street or alley within the city, the roadway of
which is not more than 62 feet, six inches, between the hours of 6:00 p.m. and 6:00 a.m., except for the
period of time necessary for the loading or unloading
of passengers or freight; provided that in no event
shall such truck be stopped for a period in excess of 20 minutes for the loading or unloading of freight.
(C) The Chief of Police may, with the consent of
the Mayor and Common
City Council, permit the
parking of trucks upon such streets or alleys for a
period of time as specifically set forth in the permit
and upon such conditions as therein specified.
(D) It is unlawful for any person who owns or
has possession, custody or control of any vehicle to
park or leave standing such vehicle upon any street or
alley for 72 or more consecutive hours.
(E) Police officers and the Superintendent of
Public Buildings, or his or her authorized
representatives, are authorized to remove from streets
or highways or from public property, within the city,
to the nearest garage or other place of safety, or to a garage designated or maintained by the Police
Department, any vehicle which has been parked or left
standing on such street or highway for 72 or more
consecutive hours, or which is parked on public
property or on a street or highway in violation of law
or resolution; provided, in the latter instance, that
signs are posted giving notice of the removal.
(F) Whenever a city official removes a vehicle
from a street or highway or public property as
authorized in this section and the city official knows or is able to ascertain from the registration records in the vehicle or from the registration records of the State
Department of Motor Vehicles the name and address
of the registered or legal owners thereof, such city
official shall immediately give, or cause to be given,
notice in writing to such owner of the fact of such
removal, the grounds thereof and of the place to which
such vehicle has been moved. In the event any such
vehicle is stored in a public garage, a copy of such
notice shall be given to the proprietor of such garage. (G) Whenever a city official removing a vehicle
from a street or a highway or public property under
this section does not know and is not able to ascertain the name of the owner or, for any other reason, is
unable to give the notice to the owner as hereinbefore
provided and in the event the vehicle is not returned to the owner within a period of 72 hours, then, and in
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Stopping, Standing and Parking 17
that event, the city official shall immediately send, or cause to be sent, written report of such removal by
mail to the Department of Motor Vehicles at
Sacramento and shall file a copy of such notice with
the proprietor of any public garage in which the
vehicle may be stored. Such report shall be made on a
form furnished by such Department and shall include
a complete description of the vehicle; the date, time
and place from which removed; the grounds for such
removal; and the name of the garage or place where
the vehicle is stored.
(Ord. 1652, passed 3-18-1941; Ord. 1755, passed
3-27-1946; Ord. 2537, passed 11-19-1963; Ord. 3880,
passed 11-20-1979; Ord. MC-645, passed 12-7-1988)
§ 10.16.120 PARKING OF COMMERCIAL
VEHICLES PROHIBITED ON PUBLIC
STREETS AND RIGHTS-OF-WAY;
EXCEPTIONS.
(A) No person shall park or stand any
commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer’s gross vehicle weight rating of
10,000 pounds or more on any street, alley or parkway
in any residential district, or on any residentially zoned property in the city.
(B) No person shall park or stand any
commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer’s gross vehicle weight rating of
10,000 pounds or more for a continuous period of time
in excess of two hours on any street, alley or parkway
in any non-residential district of the city. Each
consecutive two-hour period shall be considered a
separate violation for the purpose of this division (B). (C) The provisions of this section shall not apply
to:
(1) Any vehicle or trailer component
thereof making pick ups or deliveries of goods, wares
or merchandise from or to any building or structure
located on the restricted streets and highways, or for
the purpose of delivering materials to be used in the
actual and bona fide repair, alteration, remodeling or
construction of any building or structure upon the
restricted streets or highways for which a building
permit has previously been obtained;
(2) Any vehicle parked in connection with
and in the aid of the performance of a service to or on a property in the block in which said vehicle is parked; (3) Any passenger bus under the jurisdiction
of the Public Utilities Commission;
(4) Any vehicle owned by a public utility or
licensed contractor if necessary for use in connection
with the installation or repair of any public utility;
(5) Any vehicle owned by the city, county,
state or licensed contractor engaged in the installation, maintenance or repair of any public property, utility or highway; and
(6) Any authorized emergency vehicle as
defined by the California Vehicle Code.
(D) For the purpose of this section, the term
RESIDENTIAL DISTRICT shall mean any
single-family or multiple-family zoning district in the city. The Cal. Vehicle Code, § 22507.5(c) allows the
local authority to define, by ordinance, the term
residential district in accordance with its zoning
ordinance.
(E) Any commercial vehicle, truck tractor,
semitrailer or trailer having a manufacturer’s gross
vehicle weight rating of 10,000 pounds or more left
parked or standing on any street, alley or parkway in
excess of 24 hours may be towed away, pursuant to
the Cal. Vehicle Code, § 22651(n).
(F) Any person who violates any of the
provisions of this section shall be guilty of an
infraction.
(Ord. 1652, passed 3-18-1941; Ord. 2075, passed
9-21-1955; Ord. 3519, passed 8-19-1975; Ord. 3817,
passed 5-9-1979; Ord. 3960, passed 8-20-1980; Ord.
MC-1107, passed 11-6-2001; Ord. MC-1303, passed
4-21-2009)
§ 10.16.130 APPLICATION OF OTHER LAWS
PROHIBITING THE STOPPING, STANDING
OR PARKING OF VEHICLES.
The provisions of this article, and of resolutions
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San Bernardino - Vehicles and Traffic18
adopted pursuant thereto, imposing a time limit on
standing or parking shall not relieve any person from
the duty to observe other and more restrictive
provisions of the California Vehicle Code, or of the
ordinances of this city, prohibiting or limiting the
stopping, standing or parking of vehicles in specified
places or at specified times.
(Ord. 1652, passed 3-18-1941; Ord. 2403, passed
12-11-1961)
§ 10.16.140 REMOVAL OF IGNITION KEY.
(A) It is unlawful for any person having charge
or control of a motor vehicle to allow such vehicle to
stand upon any street, alley or parking lot upon which
there is no attendant, when such motor vehicle is
unattended, without first locking the ignition of the
vehicle and removing the ignition key from such
vehicle.
(B) Any person convicted under this section shall
be punished by a fine of not less nor more than $2;
and such person shall not be granted probation by the
court, nor shall the court suspend the execution of the sentence imposed upon such person.
(Ord. 1652, passed 3-18-1941; Ord. 2613, passed
9-29-1964; Ord. 3880, passed 11-20-1979; Ord.
MC-460, passed 5-15-1985)
§ 10.16.150 PARKING ENFORCEMENT.
(A) Parking control checkers are authorized and
empowered to enforce parking regulations adopted
pursuant to this article and to issue parking control
notices throughout the city as provided in the Cal.
Vehicle Code, § 40202.
(B) The Director of Facilities Management, or
his or her authorized representatives, is authorized and empowered to enforce parking regulations adopted
pursuant to § 10.16.160 relating to parking spaces
reserved for handicapped persons and to issue parking
control notices relating thereto as provided in the Cal.
Vehicle Code, § 40202.
(C) The Director of Facilities Management, or
his or her authorized representative, is authorized and empowered to enforce parking regulations adopted
pursuant to § 10.16.170 relating to parking spaces
reserved for city board or commission members and to
issue parking control notices relating thereto as
provided in Cal. Vehicle Code, § 40202.
(D) Any police officers, the Director of Facilities
Management, parking control checkers or any
regularly employed and salaried city employee
enforcing parking laws and regulations are authorized
and empowered to immobilize vehicles as provided in
the Cal. Vehicle Code, § 22651.7.
(E) The Director of Facilities Management, or
his or her authorized representative, is authorized and empowered to enforce parking regulations adopted
pursuant to this chapter and to issue parking control
notices throughout the city as provided in
§§ 15.24.040(A)(5), 15.24.040(A)(6),
15.24.050(A)(5) and 15.24.050(A)(6).
(F) The Code Compliance Manager, or his or
her authorized representatives, is authorized pursuant
to the Cal. Vehicle Code, § 22651 or other state law
to remove any abandoned motor vehicle, trailer or
dolly parked, left standing or abandoned upon any
street, alley, off-street public parking facility or other property owned, leased, operated and/or controlled by
the city for 72 or more consecutive hours.
(Ord. 1652, passed 3-18-1941; Ord. 2754, passed
6-3-1966; Ord. 3497, passed 5-16-1975; Ord. 3555,
passed 2-18-1976; Ord. 3733, passed 6-28-1978; Ord.
3844, passed 7-11-1979; Ord. 3855, passed
8-21-1979; Ord. MC-541, passed 8-21-1986; Ord.
MC-547, passed 10-22-1986; Ord. MC-641, passed
11-9-1988; Ord. MC-762, passed 11-27-1990; Ord.
MC-993, passed 4-22-1997)
§ 10.16.160 RESERVED.
[Reserved]
(Repealed by Ord. MC-973, passed 7-5-1996)
§ 10.16.170 PARKING - COMMISSIONERS.
When the City Traffic Engineer places and
maintains, or causes to be placed and maintained,
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Stopping, Standing and Parking 19
authorized signs or markings on, in or about public
parking spaces designating the spaces to be available
and reserved for vehicular parking by city board or
commissioner members only, no vehicle other than
those with a permit pursuant to § 10.16.190 shall be
parked in any such parking space so marked, signed or
designated.
(Ord. 1652, passed 3-18-1941; Ord. 3743, passed
8-25-1978; Ord. 3855, passed 8-21-1979; Ord. 3880,
passed 11-20-1979; Ord. MC-42, passed 4-8-1981)
§ 10.16.180 EXEMPTION TO PARKING
RESTRICTION - ISSUING OF PERMIT.
(A) Notwithstanding any other provision of this
chapter limiting or restricting the parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day, vehicles displaying the appropriate preferential parking permit
as hereafter provided may park on streets designated
by resolution and shall not be subject to applicable
parking limitations or restrictions; provided, however, such exemption shall not be permitted at loading zones
or when parking is completely prohibited under all
circumstances.
(B) The Director of Facilities Management/
Parking Control shall issue a preferential permit not to exceed four permits per dwelling, to persons whose
residence is adjacent to designated streets in a time
limit parking zone when permitted by resolution and
upon application therefor. A fee shall not be required
for issuance or re-issuance of any preferential parking permit. The permits shall be valid for only the same
block upon which the residence or business is located
or, in cases of corner locations, the permits shall be
valid on the two contiguous blocks. The permits shall
be valid for the period specified thereon. The permit
shall be displayed on the vehicle as directed by the
Director of Facilities Management/Parking Control.
(C) The Director of Facilities Management shall
issue a preferential parking permit to validated
employees who have signed a car pooling contract
with the city. Permits are to be validated every six
months, during June and December of each year. The
permits shall only be valid for the fourth level of the City Hall five-level parking structure and designated
spaces at the City Yards, the Central Police Station
and the Norman Feldheym Central Library. The
permit shall be displayed on the vehicle as directed by the Facilities Manager.
(D) For all permits issued under this section, the
Director of Facilities Management shall keep a record
of each permittee’s name; address; vehicle license
plate number; state driver’s license number; date of
issuance; expiration date, if any; and any other
information required for the proper administration of
the issuance of permits.
(Ord. MC-738, passed 8-6-1990; Ord. MC-843,
passed 7-22-1992; Ord. MC-855, passed 12-23-1992;
Ord. MC-875, passed 6-9-1993; Ord. MC-1131,
passed 11-6-2002)
§ 10.16.190 PARKING - COMMISSIONERS’
PERMITS.
(A) The Superintendent of Public Buildings/
Parking Control shall issue a permit to all City Board
and Commissioner members. The permit shall be
effective for a one-year period and shall be annually
renewed prior to the expiration of the one-year period.
The permit shall expire and shall be of no further force and effect when the person to whom it is issued ceases
to be a member of the city board or commission. A
decal or sticker, with the expiration date printed
thereon, shall be affixed to the rear left bumper of the vehicle. The City Clerk shall provide the
Superintendent of Public Buildings/Parking Control
with a current list of all Board and Commissioner
members, and shall keep such list current by providing
names of new board and commission members as
appointed or name of any board and commissioner
members removed.
(B) For all permits issued under this section, the
Superintendent of Public Buildings/Parking Control
shall keep a record of the name, address, vehicle
license plate number, state driver’s license number,
type of permit, date of issuance, expiration date and
any other information required for the proper
administration of the issuance of permits.
(Ord. 1652, passed 3-18-1941; Ord. 3855, passed
8-21-1979; Ord. 3880, passed 11-20-1979)
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San Bernardino - Vehicles and Traffic20
§ 10.16.200 LIMITED PARKING - STREET
SWEEPING.
The Director of Public Services is authorized to
prohibit parking on designated city streets and private streets open for public use, for limited periods of time on designated days, for street sweeping purposes,
when debris or refuse on a given street has
accumulated. The Director of Public Services is
authorized to install, at any such street or streets, signs giving notice that no person shall stand, stop or park
a vehicle, except as provided on such signs. Whenever
authorized signs are in place giving notice that
stopping, standing or parking is prohibited during such hours on such days as are indicated on such signs, it is unlawful for any person to stop or park any vehicle at
any time during such hours on such days.
(Ord. 1652, passed 3-18-1941; Ord. 3880, passed
11-20-1979; Ord. MC-344, passed 2-22-1984)
§ 10.16.210 PARKING LIMITATIONS -
CENTRAL CITY MALL.
(A) The Superintendent of Public Buildings/
Parking Control is authorized to prohibit vehicular
parking in any parking area of the Central City Mall,
except for the parking of motor vehicles during the
period of time such person or the occupants of such
vehicle are customers or invitees of the retail and
business establishments in the Central City Mall. The
Superintendent of Public Buildings/Parking Control
shall install and maintain at each entry to the parking area of the Central City Mall, authorized signs giving
notice that no person shall stop, stand or park a motor vehicle in any parking area of the Central City Mall,
except as provided on such signs. Whenever
authorized signs are in place giving notice, it is
unlawful for any person to stop, stand or park any
motor vehicle in such parking area of the Central City
Mall, except during the period of time of such person
or occupants of such vehicle are customers or invitees
of the retail and business establishments of the Central City Mall. Any person violating this section shall be
deemed guilty of any infraction and, upon conviction
thereof, shall be fined as set forth in § 10.44.010.
(B) The provisions of this section shall not be
applicable in parking areas of the Central City Mall
specifically reserved for employee parking or for use
of business invitees of the buildings known as the
Andreson and Woolworth Buildings.
(Ord. MC-415, passed 10-16-1984)
§ 10.16.220 RESERVED.
[Reserved]
(Repealed by Ord. MC-973, passed 7-5-1996)
§ 10.16.230 PARKING ABANDONED
VEHICLES.
(A) It is unlawful to park, leave standing or
abandon any motor vehicle, trailer or dolly upon any
street, alley, off-street public parking facility or other property owned, leased, operated and/or controlled by
the city for 72 or more consecutive hours.
(B) It is unlawful to park, leave standing or
abandon a vehicle upon private property without the
express or implied consent of the owner or person in
lawful possession or control of the property for 72 or
more consecutive hours.
(C) Any person convicted of a violation of this
section shall be punished by a fine of not less than
$100 and shall provide proof that the costs of removal
and disposition of the vehicle have been paid. No part
of any imposed fine shall be suspended pursuant to the
Cal. Vehicle Code, § 22523.
(Ord. MC-668, passed 7-19-1989)
§ 10.16.240 PARKING ON UNPAVED
PARCELS OF REAL PROPERTY.
(A) A person shall not stop, stand or park a
vehicle on any unpaved parcel of real property;
provided, however, that nothing in this section shall be construed to prevent the parking of a vehicle in a
residential zone on an unpaved driveway or a drive
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Stopping, Standing and Parking 21
approach to a garage or other durable or permanent
driveway or pad installed for the purpose of parking
such vehicle on a parcel of real property which is not
subject to § 19.24.060(18) of the Development Code
at the time of violation.
(B) Those persons authorized to issue citations
pursuant to § 9.90.010 and any police officer, any
parking control checker and the Director of Facilities
Management, or his or her authorized representative,
is authorized and empowered to enforce this parking
regulation and to issue parking control notices related thereto as provided in Cal. Vehicle Code, § 40202.
(Ord. MC-1064, passed 1-11-2000)
§ 10.16.250 PARKING ON UNPAVED
PARCELS OF MULTI-RESIDENTIAL,
COMMERCIAL OR INDUSTRIAL
PROPERTY.
(A) A person shall not stop, stand or park a
vehicle on any unpaved parcel of multi-residential,
commercial or industrial property; provided, however,
that this chapter shall not apply in instances where a
temporary use permit has been granted under
Development Code, § 19.70.020(9).
(B) The Director of Facilities Management, or
his or her authorized representative, is authorized and empowered to enforce this parking regulation and to
issue parking control notices related thereto as
provided in Cal. Vehicle Code, § 40202.
(Ord. MC-1072, passed 5-3-2000)
§ 10.16.260 PARKING OF RECREATION
VEHICLES ON PUBLIC RIGHT-OF-WAY.
(A) Recreation vehicles may be temporarily
parked on public rights-of-way in front of residences
for not more than 48 continuous hours for the purposes
of loading or unloading. Forty-eight hours must elapse
before the start of a new 48-hour period, together with movement of the vehicle a distance of at least 500 feet. (B) The Director of Facilities Management, or
his or her authorized representative, is authorized and empowered to enforce this parking regulation and to
issue parking control notices related thereto as
provided in the Cal. Vehicle Code, § 40202.
§ 10.16.270 PARKING LIMITATIONS - SAN
BERNARDINO BASEBALL STADIUM
PREMISES.
Vehicular parking is prohibited in any parking
area of the San Bernardino Baseball Stadium except
for the parking of motor vehicles during the period of
time that the occupants of such vehicle are licensees or invitees of events occurring at the San Bernardino
Baseball Stadium premises. The Director of Facilities
Management shall install and maintain at each entrance
to the parking area of the San Bernardino Baseball
Stadium authorized signs giving notice that no person
shall stop, stand or park a motor vehicle in any
parking area of the San Bernardino Baseball Stadium,
except as provided on such signs. Subsequent to the
initial posting of authorized signs giving notice, it is unlawful for any person to stop, stand or park any
motor vehicle in such parking area of the San
Bernardino Baseball Stadium except during the period
of time the occupants of such vehicle are licensees or
invitees of the events occurring at the San Bernardino
Baseball Stadium premises. Any person violating this
section shall be deemed guilty of an infraction and,
upon conviction thereof, shall be fined as set forth in § 10.44.010.
(Ord. MC-1068, passed 4-18-2000; Ord. MC-1176,
passed 7-22-2004)
§ 10.16.280 PARKING ON OFF-STREET
PARKING AREAS.
(A) A person shall not park or display a vehicle
in a public or private off-street parking area, including paved vacant lots, for the purpose of the sale, lease,
display, repair or storage of said vehicle, unless said lot has received all necessary approvals, permits and
business registration for said sale, lease, display,
repair or storage of vehicles.
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San Bernardino - Vehicles and Traffic22
(B) For this section, the term VEHICLE
includes, but is not limited to: cars, vans, trucks,
trailers, boats, campers and recreation vehicles.
(C) Those persons authorized to issue citations
pursuant to § 9.90.010, any police officer, any parking control checker and the Director of Facilities
Management, or his or her authorized representative,
is authorized and empowered to enforce this parking
regulation and to issue parking control notices related thereto as provided in Cal. Vehicle Code, § 40202.
(Ord. MC-1116, passed 2-20-2002)
§ 10.16.290 PRIVATE PROPERTY VEHICLE
IMPOUND REPORT AND FEE.
(A) Any tow company that tows and impounds a
vehicle from private property in the city under the
California Vehicle Code shall complete and submit a
private party tow report form to the Police Department
either by fax or e-mail by the end of the business day
following the tow.
(B) The owner of, or other person responsible
for, any vehicle impounded by a tow company from
private property in the city under the California
Vehicle Code shall pay, in accordance with the
provisions of this section, a fee in an amount set by
resolution by the Mayor and Common
City Council to
reimburse the city for the costs of processing and
recordation of notices and reports of the tow and
impound of such person’s vehicle. Such fee shall be
collected by the tow company impounding the vehicle
at the time of collection of its own towing and/or
impound fees and shall be paid over to the city each
month within ten days after the close of the calendar
month for which payment is due. Each towing
company shall provide to the city, on a monthly basis
concurrently with its monthly payment, a summary
report of all such impounds and fees collected in such
form and/or detail as the Chief of Police may specify,
from time to time, and shall make available to the city upon request any and all records of the information
necessary to verify such report upon the request of the city.
Packet Page. 1103
CHAPTER 10.20: SPECIAL STOPS
Section
10.20.010 Stop sign erection
10.20.020 Stop at through street or stop
intersection
10.20.030 Emerging from alley or private
driveway
Statutory reference:
For provisions on local authority to regulate
stops at through streets and stop intersections,
see Cal. Vehicle Code, § 21101.
§ 10.20.010 STOP SIGN ERECTION.
Whenever any ordinance or resolution of this city
designates and describes any street or portion thereof
as a through street, or any intersection at which
vehicles are required to stop at one or more entrances
thereto, the Director of Public Services shall erect and maintain stop signs as follows.
(A) A stop sign shall be erected on each and
every street intersecting such through street or portion thereof so designated and at those entrances of other
intersections where a stop is required.
(B) Every such sign shall be placed at or near the
entrance to the highway or intersection where a stop is required and every such sign shall conform to the
requirements of the California Vehicle Code.
(Ord. 1652, passed 3-18-1941; Ord. MC-344, passed
2-22-1984)
§ 10.20.020 STOP AT THROUGH STREET OR
STOP INTERSECTION.
When stop signs are erected, as provided in this
article, at the entrance to any intersection, every driver of a vehicle and every motorist of a street car shall
stop at every such sign, before entering the
intersection, except when directed to proceed by a
police officer or traffic-control signal.
(Ord. 1652, passed 3-18-1941)
§ 10.20.030 EMERGING FROM ALLEY OR
PRIVATE DRIVEWAY.
The driver of a vehicle emerging from an alley,
driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or into
the sidewalk area extending across any alley way.
(Ord. 1652, passed 3-18-1941)
23 Packet Page. 1104
San Bernardino - Vehicles and Traffic24
Packet Page. 1105
CHAPTER 10.24: OPERATION OF VEHICLES AND BICYCLES
Section
10.24.010 Interference with operation of
fire apparatus
10.24.020 Distance to be kept from fire
apparatus
10.24.030 Operation of vehicle prohibited
when fire apparatus in operation
10.24.040 Certain vehicles prohibited in the
business district
10.24.050 Crossing fire hose
10.24.060 Unlawful to drive through
procession
10.24.070 Reserved
10.24.080 Reserved
10.24.090 Skateboards, skates and the like
restricted
10.24.100 Use of coasters and similar
devices restricted
10.24.110 Reserved
10.24.120 Reckless driving of animals
10.24.130 Driving over new street or
sidewalk
10.24.140 Permits for parades and
processions
10.24.150 Limitations on backing
10.24.160 Clinging to moving vehicle
10.24.170 Enforcement of regulations
10.24.180 Speed limit on public grounds
10.24.190 Commercial vehicles prohibited
on certain streets
10.24.200 Municipal parking lots and
structures
10.24.210 Cruising regulations
Reserved
10.24.220 Traffic diversion
10.24.230 Prohibition from participating in
Route 66 cruising events without
registration
Cross-reference:
For additional provisions on bicycles, see
Chapter 10.48.
Statutory reference:
For provisions on local regulation of bicycles, see
Cal. Vehicle Code, § 21206.
§ 10.24.010 INTERFERENCE WITH
OPERATION OF FIRE APPARATUS.
It is unlawful for any person operating any
vehicle upon the public streets of the city to obstruct the streets with such vehicle so as to interfere in any manner with the operation of any fire apparatus upon
such street.
(Ord. 1652, passed 3-18-1941)
§ 10.24.020 DISTANCE TO BE KEPT FROM
FIRE APPARATUS.
It is unlawful for any person operating any
vehicle upon the public streets of the city to operate
the same so that it will move in the same direction that any fire apparatus is traveling until such fire apparatus is at least 600 feet distant, and it is unlawful for any person to operate any vehicle so as to approach within
600 feet of any moving fire apparatus.
(Ord. 1652, passed 3-18-1941)
§ 10.24.030 OPERATION OF VEHICLE
PROHIBITED WHEN FIRE APPARATUS IN
OPERATION.
When any fire apparatus is engaged in
25 Packet Page. 1106
San Bernardino - Vehicles and Traffic26
extinguishing a fire, it is unlawful for any person to
operate any vehicle upon the same street, so as to
approach within 300 feet of such fire apparatus.
(Ord. 1652, passed 3-18-1941)
§ 10.24.040 CERTAIN VEHICLES
PROHIBITED IN THE BUSINESS DISTRICT.
(A) It is unlawful for the operator of any of the
following vehicles to drive the same in the business
district between the hours of 7:00 a.m. and 6:00 p.m.
of any day except Sunday:
(1) Any vehicle so loaded that any part of
its load extends more than three feet to the front or
more than ten feet to the rear of the vehicle; except
with written permit of the Chief of Police; and
(2) Any vehicle used exclusively for
advertising purposes.
(B) (1) The Director of Public Services is
authorized to establish over an appropriate street or
streets, and to designate by appropriate signs, through traffic routes for the movement of vehicles of two or
more tons capacity designed for carrying merchandise,
freight or material.
(2) When any such through traffic routes
are established and designated by appropriate signs,
the operator of any vehicle mentioned in this section
shall drive on such route or routes, and none other,
except when it is reasonably necessary.
(Ord. 1652, passed 3-18-1941; Ord. MC-344, passed
2-22-1984)
§ 10.24.050 CROSSING FIRE HOSE.
It is unlawful for any person to drive any vehicle
over any unprotected hose of the Fire Department
when laid down on any street, private driveway or
street car track, to be used at any fire or alarm of fire, without the consent of the Fire Department.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.24.060 UNLAWFUL TO DRIVE
THROUGH PROCESSION.
It is unlawful for the operator of any vehicle or
street car to drive between the vehicles comprising a
funeral procession or other authorized procession;
provided that such vehicles are conspicuously so
designated.
(Ord. 1652, passed 3-18-1941)
§ 10.24.070 RESERVED.
[Reserved]
(Repealed by Ord. MC-65, passed 6-19-1981)
§ 10.24.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
§ 10.24.090 SKATEBOARDS, SKATES AND
THE LIKE RESTRICTED.
It is unlawful for any person to ride upon or use
in any manner any coaster, toy vehicle, roller skate,
skates, skateboard or other kindred contrivance or
device upon any sidewalk within a business district of
the city or upon any public roadway in the city.
(Ord. 1652, passed 3-18-1941; Ord. 3554, passed
2-18-1976)
§ 10.24.100 USE OF COASTERS AND
SIMILAR DEVICES RESTRICTED.
It is unlawful for any person upon roller skates or
riding in or by means of any coaster, toy vehicle or
similar device to go upon any roadway.
(Ord. 1652, passed 3-18-1941)
§ 10.24.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-210, passed 9-20-1982)
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Operation of Vehicles and Bicycles 27
§ 10.24.120 RECKLESS DRIVING OF
ANIMALS.
It is unlawful for any person to carelessly or
recklessly ride or drive any horse or other animal upon any of the public streets or alleys of the city so as to endanger life or property.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.24.130 DRIVING OVER NEW STREET
OR SIDEWALK.
It is unlawful for any person to ride or drive, or
cause to be ridden or driven, or propelled any vehicle
over or across any street which is being graded or
repaired, or upon which concrete sidewalks or paving
is being constructed, or upon which concrete sidewalks
or paving has been newly made, where across or
around such street there is a barrier, or at, over or
near which there is a person or sign warning persons
not to drive over or across such street or sidewalk, or a sign stating that the street is closed.
(Ord. 1652, passed 3-18-1941)
§ 10.24.140 PERMITS FOR PARADES AND
PROCESSIONS.
It is unlawful for any person or organization to
permit, direct or allow any procession or parade to
occupy, march or proceed along any street except in
accordance with a permit issued by the Chief of
Police, or his or her representative, and such other
regulations as are set forth in this article which may
apply, except funeral processions, the military forces
of the United States, the military forces of this state and the forces of the City Police and Fire
Departments.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.24.150 LIMITATIONS ON BACKING.
It is unlawful for the driver of a vehicle to back
the same into an intersection or over a crosswalk, or
in any event or at any place to back a vehicle unless
such movement can be made in safety.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.24.160 CLINGING TO MOVING
VEHICLE.
It is unlawful for any person riding upon a
bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle to attach the same or himself or herself to any street car or moving vehicle upon any roadway.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
§ 10.24.170 ENFORCEMENT OF
REGULATIONS.
The Chief of Police and each police officer are
authorized to enforce the traffic and parking
regulations authorized or provided pursuant to this
article.
(Ord. 1652, passed 3-18-1941; Ord. 2579, passed
5-26-1964; Ord. 2917, passed 6-25-1968; Ord. 3733,
passed 6-28-1978)
§ 10.24.180 SPEED LIMIT ON PUBLIC
GROUNDS.
It is unlawful for any person to drive or operate
a motor vehicle on any roadway, road, alley or way,
or upon the grounds of a public park, playground or
public school or of a county or municipal institution or building, or of an educational institution or building, at a speed in excess of 15 mph.
(Ord. 1652, passed 3-18-1941; Ord. 2579, passed
5-26-1964; Ord. MC-460, passed 5-15-1985)
§ 10.24.190 COMMERCIAL VEHICLES
PROHIBITED ON CERTAIN STREETS.
(A) Pursuant to the author ity and restrictions of
Cal. Vehicle Code, §§ 35701 et seq., no person shall
operate or drive any commercial vehicle upon the
following streets, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof:
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San Bernardino - Vehicles and Traffic28
(1) Palmyra Drive between Sierra Way and
Sonora Drive;
(2) Arlington Drive between Palmyra Drive
and its terminus 300 feet to the southeast;
(3) Lugo Avenue between Palmyra Drive
and Ralston Avenue;
(4) Thirty-Ninth Street between Lugo
Avenue and its terminus 290 feet to the east;
(5) Thirty-Ninth Street between Palmyra
Drive and Belle Street;
(6) Ralston Avenue between Waterman
Avenue and Sonora Drive;
(7) Belle Street between Ralston Avenue
and Thirty-Ninth Street;
(8) Sonora Drive between Palmyra Drive
and its terminus 260 feet to the southeast;
(9) Sonora Drive between Palmyra Drive
and its terminus 260 feet to the southeast;
(10) Twenty-Fourth Street between Lincoln
Drive and “I” Street;
(11) Twenty-Fifth Street between Lincoln
Drive and “I” Street;
(12) Twenty-Sixth Street between Lincoln
Drive and “I” Street;
(13) “I” Street between Twenty-Third Street
and Twenty-Seventh Street;
(14) Davidson Street between Tippecanoe
Avenue and Richardson Street;
(15) Hardt Street between Tippecanoe
Avenue and Richardson Street;
(16) Gould Street between Tippecanoe
Avenue and Richardson Street;
(17) Coulston Street between Tippecanoe
Avenue and Richardson Street;
(18) Tia Juana Street between Fourth Street
and Fifth Street;
(19) Cabrera Avenue between Fourth Street
and Fifth Street;
(20) Kingman Street between Tia Juana
Street and Mt. Vernon Avenue;
(21) Poplar Street between Pepper Avenue
and Meridian Avenue;
(22) Meridian Avenue between Mill Street
and the end of Meridian Avenue north of Walnut
Street; and
(23) Mt. Vernon Avenue between 5th Street
and 2nd Street (Mt. Vernon Avenue Bridge), except
for commercial pickup trucks, vans and passenger
cars.
(B) Pursuant to the authority and restrictions of
Cal. Vehicle Code, §§ 35701 et seq., no person shall
operate or drive any vehicle exceeding a maximum
gross weight limit of 10,000 pounds upon the
following streets, and the Director of Public Services
shall cause appropriate signs to be erected giving
notice of such weight limitation prohibition:
(1) Airport Drive;
(2) (a) Arrowhead Avenue between
Marshall Boulevard and Kendall Drive; and
(b) Belleview Street between “K”
Street and “I” Street.
(3) Businesscenter Drive;
(4) Commercenter Circle;
(5) Commercenter East;
(6) (a) Commercenter West; and
(b) Congress Street between “K” Street
and “I” Street.
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Operation of Vehicles and Bicycles 29
(7) (a) Diners Court;
(b) “I” Street between Congress Street
and the end of “I” Street approximately 300 feet north
of Belleview Street (Rialto Avenue); and
(c) “J” Street between Rialto Avenue
and the end of “J” Street approximately 1,000 feet
south of Congress Street.
(8) San Bernardino Civic Plaza Access
Loop;
(9) Sunwest Lane between Hospitality Lane
and “E” Street;
(10) Meridian Avenue between Rialto
Avenue and 170 feet north of 9th Street;
(11) Belleview Street between “K” Street
and “I” Street;
(12) Congress Street between “K” and “I”
Street;
(13) “J” Street between Rialto Avenue and
the end of “J” Street, approximately 1,000 feet south
of Congress Street; and
(14) “I” Street between Congress Street and
the end of “I” Street approximately 300 feet north of
Belleview Street (Rialto Avenue).
(C) Pursuant to the authority and restrictions of
Cal. Vehicle Code, §§ 35701 and 35703 et seq., no
person shall operate or drive any commercial vehicle
having a manufacturer’s gross vehicle weight rating
(“GVWR”) exceeding 30,000 pounds upon the
following streets, and the Director of Public Services
shall cause appropriate signs to be erected giving
notice of such weight limitation prohibition:
(1) 40th Street, east of Harrison Street for
a distance of 500 feet;
(2) 40th Street, west of Waterman Avenue
to Acacia;
(3) Valencia Avenue between 40th Street
and 30th Street;
(4) Parkside Drive between 40th Street and
30th Street;
(5) Sierra Way, from the Highway 18
junction to 30th Street;
(6) Mountain View Avenue, from its merge
with Electric Avenue to 30th Street;
(7) Electric Avenue, from 40th Street to its
merge with Mountain View Avenue;
(8) Hospitality Lane, from “E” Street to
Waterman Avenue; and
(9) Hunts Lane, from Hospitality Lane to
“E” Street.
(Ord. 1652, passed 3-18-1941; Ord. 2915, passed
6-25-1968; Ord. 3718, passed 4-19-1978; Ord.
MC-80, passed 7-8-1981; Ord. MC-344, passed
2-22-1984; Ord. MC-465, passed 7-2-1985; Ord.
MC-1046, passed 5-5-1999; Ord. MC-1079, passed
8-23-2000; Ord. MC-1110, passed 12-4-2001; Ord.
MC-1133, passed 11-20-2002; Ord. MC-1139, passed
3-4-2003; Ord. MC-1283, passed 9-3-2008; Ord.
MC-1398, passed 4-21-2014; Ord. MC-1410, passed
12-1-2014)
§ 10.24.200 MUNICIPAL PARKING LOTS
AND STRUCTURES.
(A) A municipal parking facility is a parking lot,
parcel of land, facility, garage or structure owned,
leased or operated by the city, or in which the city has a possessory right of interest, and which is used as a
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San Bernardino - Vehicles and Traffic30
municipal or public parking facility for the off-street parking of vehicles.
(B) It is unlawful in any municipal parking
facility for any person to park or leave standing any
vehicle, whether attended or unattended, in any
driveway, aisle, walk or area other than entirely within a designated parking space or in any location or
position across any line or marking designating a
parking space.
(C) It is unlawful in any municipal parking
facility for any person to drive a vehicle, upon any
driveway, aisle, walk or area, in a direction contrary
to the direction of travel indicated by arrows or
marking painted or placed thereon.
(D) It is unlawful in any municipal parking
facility for any person to drive a vehicle at a speed
greater than is reasonable and prudent having due
regard for the weather, visibility, the traffic on and the surface and width of the driveway or aisle or in any
event to drive the vehicle at a speed which endangers
the safety of persons or property.
(E) It is unlawful in any municipal parking
facility for any person to drive a vehicle at a speed
greater than ten mph.
(F) The provisions of this section shall not
relieve any person from the duty to observe other and
more restrictive provisions of the California Vehicle
Code or local ordinance or of any special condition or
regulation imposed by the Mayor and Common
City
Council, City Traffic Engineer or Director of Public
Services.
(G) It is unlawful for any person to ride upon any
bicycle, roller skate or skateboard, or other kindred
contrivance, in any municipal parking facility, as
defined in division (A) above, except a municipal
parking facility located in a municipal park or
playground.
(H) The provisions of this section shall not apply
to a police officer in the performance of his or her
duties.
(Ord. 1652, passed 3-18-1941; Ord. 3329, passed
2-16-1973; Ord. 3538, passed 10-28-1975; Ord.
MC-344, passed 2-22-1984; Ord. MC-460, passed
5-15-1985; Ord. MC-811, passed 11-6-1991)
§ 10.24.210 CRUISING
REGULATIONSRESERVED.
(A) No person shall drive a motor vehicle on a
street or highway past a traffic-control point in traffic which is congested at or near the traffic-control point, as determined by the ranking peace officer on duty
within the affected area, three or more times in one
direction within a three-hour period and after a peace
officer has given written notice to said person passing the control point the second time that passing the
control point a third time shall constitute a
misdemeanor in violation of this section. The
beginning and end of the portion of the street or
highway subject to cruising controls shall be clearly
identified by signs that state the appropriate provisions of the Cal. Vehicle Code, § 21100(K) and this section.
(B) This section shall not apply to the vehicle
operators of the following vehicles: emergency
vehicles, as defined in the Cal. Vehicle Code, § 165;
taxicabs for hire; buses; vehicles being driven for
business purposes; and any publicly owned or leased
vehicle of any city, county, district, state or federal agency.
(C) Any person, firm or corporation violating
any provision of this section is guilty of a
misdemeanor, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. MC-574, passed 1-8-1987)
[Reserved]
§ 10.24.220 TRAFFIC DIVERSION.
(A) If a peace officer determines, pursuant to
Cal. Vehicle Code, § 21101.2 and this section, that the
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Operation of Vehicles and Bicycles 31
traffic load on a particular street or highway in the
city, or a portion thereof, is such that little or no
vehicular flow is occurring and, additionally, if the
peace officer finds that a significant number of
vehicles are not promptly moving when an opportunity
arises to do so, then the peace officer may divert
vehicles, excepting public safety or emergency
vehicles from that street or highway, or a portion
thereof, subject to traffic congestion until such time as reasonably flowing traffic is restored.
(B) Such diversion of vehicles by a uniformed
peace officer shall constitute the performance of duties under the Cal. Vehicle Code, § 2800 which requires
compliance with the lawful order, signal or direction
of the peace officer.
(Ord. MC-574, passed 1-8-1987)
§ 10.24.230 PROHIBITION FROM
PARTICIPATING IN ROUTE 66 CRUISING
EVENTS WITHOUT REGISTRATION.
(A) It shall be unlawful for any person to enter
the Route 66 Cruising Event without registering to
participate in said event in accordance with the
procedures set up by the San Bernardino Convention
and Visitor’s Bureau.
(B) Any person violating this provision is guilty
of a misdemeanor or an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. MC-1147, passed 8-5-2003)
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San Bernardino - Vehicles and Traffic32
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CHAPTER 10.25: VEHICLES FOR SALE ON PUBLIC STREETS
Section
10.25.010 Findings
10.25.020 Authority
10.25.030 Definitions
10.25.040 On-street sales prohibited
10.25.050 Removal of vehicle authorized
10.25.060 Post-removal hearings required
for removed vehicles
Editor’s note:
This chapter is added by Ord. MC-1407,
passed 9-15-2014.
§ 10.25.010 FINDINGS.
The City Council finds as follows.
(A) Persons and businesses are using city streets
as de facto used car lots to sell used vehicles.
(B) The act of selling a car in public streets
invites prospective buyers into the roadway to examine
the vehicle. It is well known that prospective buyers
examine the condition of vehicles for sale and look for evidence of damage or repairs. When done in the
public roadway, this poses an obvious risk to public
and traffic safety that the city wishes to avoid.
(C) The parking of vehicles for sale on city
streets creates a distraction for drivers and pedestrians, thereby creating a further public safety hazard.
Because drivers may attempt to not only read a for sale sign in or on a vehicle but also commit to memory,
write down or call a telephone number on such a sign,
these signs pose a greater risk of accidents than do
other types of signs that may be displayed in or on a
parked vehicle.
(D) The significant increase in vehicles parked
for the purpose of sale has created a nuisance by
decreasing the parking available for local residents and businesses.
(E) The city has an important and substantial
public interest in protecting public safety; reducing
accidents; removing impediments to the orderly flow
of traffic, such as illegal and hazardous parking;
abating public nuisances; eliminating visual blight;
preventing unlawful trafficking in stolen vehicles; and protecting licensed car dealers from unfair
competition.
(Ord. MC-1407, passed 9-15-2014)
§ 10.25.020 AUTHORITY.
This chapter is adopted pursuant to the authority
granted to the city by the Cal. Vehicle Code,
§ 22651.9, which permits the removal of vehicles,
under certain conditions, for being illegally parked for purposes of advertising the vehicle for sale. The Cal.
Vehicle Code, § 22852 requires that a post removal
hearing take place after the removal of any vehicle
under the Cal. Vehicle Code, § 22651.9.
(Ord. MC-1407, passed 9-15-2014)
§ 10.25.030 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
PARK or PARKING. The standing of a vehicle as
set forth by the Cal. Vehicle Code, § 463.
PEACE OFFICER. Any law enforcement officer
as set forth by the Cal. Penal Code, § 830.
VEHICLE. Any device as set forth by the Cal.
Vehicle Code, § 670, which is defined as “a device by
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San Bernardino - Vehicles and Traffic34
which any person or property may be propelled,
moved or drawn upon a highway, excepting a device
moved exclusively by human power or used
exclusively upon stationary rails or tracks.”
(Ord. MC-1407, passed 9-15-2014)
§ 10.25.040 ON-STREET SALES
PROHIBITED.
No person shall park any vehicle on any street or
public land when it appears because of a sign, placard
or any other indication written or posted on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle. A person shall be deemed guilty of a
separate offense for each and every day or portion
thereof during which any violation is committed,
continued or permitted.
(Ord. MC-1407, passed 9-15-2014)
§ 10.25.050 REMOVAL OF VEHICLE
AUTHORIZED.
Pursuant to the Cal. Vehicle Code, § 22651.9,
any peace officer, or any regularly employed and
salaried employee of the city who is engaged in
directing traffic or enforcing parking laws and
regulations, may remove the vehicle located when the
vehicle is found upon a street or any public lands, if
all of the following requirements are satisfied:
(A) Because of a sign, placard or any other
indication written or posted on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle;
(B) Within the past 30 days, the vehicle is known
to have been previously issued a notice of parking
violation for violation of § 10.25.040, which was
accompanied by a notice containing all of the
following:
(1) A warning that an additional parking
violation may result in the impoundment of the
vehicle;
(2) A warning that the vehicle may be
impounded pursuant to this section, even if moved to
another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle; and
(3) A statement that all streets in the city
are subject to prohibitions of this chapter.
(C) The notice of parking violation was issued at
least 24 hours prior to the removal of the vehicle.
(Ord. MC-1407, passed 9-15-2014)
§ 10.25.060 POST-REMOVAL HEARINGS
REQUIRED FOR REMOVED VEHICLES.
A post-storage hearing, pursuant to the Cal.
Vehicle Code, § 22852, applies with respect to the
removal of any vehicle pursuant to this section and is
incorporated by reference as if set forth in full herein. (Ord. MC-1407, passed 9-15-2014)
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San Bernardino - Vehicles and Traffic36
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CHAPTER 10.28: PEDESTRIANS
Section
10.28.010 Standing on sidewalks
10.28.020 Walking upon new pavement or
sidewalk prohibited
10.28.030 Reserved
10.28.040 Application of traffic-control
signals
10.28.050 Scramble system of
traffic-control
Statutory reference:
For provisions on local authority to establish
crosswalks, see Cal. Vehicle Code, § 21106.
For provisions on local regulation of pedestrian
crosswalk use, see Cal. Vehicle Code, § 21961.
§ 10.28.010 STANDING ON SIDEWALKS.
In a business district, it is unlawful for any
pedestrian to stand on the sidewalk, except as near as
is physically possible to the building line or the curb line.
(Ord. 1652, passed 3-18-1941)
§ 10.28.020 WALKING UPON NEW
PAVEMENT OR SIDEWALK PROHIBITED.
It is unlawful for any person to walk upon any
newly made pavement or cement or concrete sidewalk
upon any street where across or around such street
there is a barrier, or at, or over or near which there is a person or sign warning persons not to walk or drive
over or across such street, or a sign stating that the
street is closed.
(Ord. 1652, passed 3-18-1941)
§ 10.28.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-161, passed 5-5-1982)
§ 10.28.040 APPLICATION OF
TRAFFIC-CONTROL SIGNALS.
Whenever and wherever pedestrian traffic in the
city is controlled by an official traffic-control signal exhibiting the words “wait” in red colored lights and
“walk” in green colored lights, the lighted words shall apply to pedestrians as follows:
(A) “Walk” in green lights: pedestrian facing the
signal may proceed across the roadway within any
marked or unmarked crosswalk; and
(B) “Wait” in red lights: no pedestrian shall
enter the roadway or cross any part of the roadway
against a red “wait” signal.
(Ord. 1652, passed 3-18-1941; Ord. 1949, passed
7-22-1952)
§ 10.28.050 SCRAMBLE SYSTEM OF
TRAFFIC-CONTROL.
The Common
City Council may, by resolution,
establish at the intersecti ons of certain streets the
“scramble system” of traffic-control for pedestrians,
and the Director of Public Services is authorized and
required to install and maintain the necessary traffic
controls, and/or signs at or near such intersections,
and the Director of Development Services is
authorized and required to install and maintain the
necessary traffic signals.
(Ord. 1652, passed 3-18-1941; Ord. 2288, passed
3-8-1960; Ord. MC-344, passed 2-22-1984; Ord.
MC-1027, passed 9-9-1998)
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San Bernardino - Vehicles and Traffic38
Packet Page. 1119
CHAPTER 10.32: BUSES AND RAILROAD TRAINS
Section
10.32.010 Boarding or alighting from buses
10.32.020 Unlawful riding
10.32.030 Railway trains and street cars not
to block street
10.32.040 Speed of trains and cars upon
public streets
10.32.050 Speed of trains over right-of-way
10.32.060 Railway gates
§ 10.32.010 BOARDING OR ALIGHTING
FROM BUSES.
It is unlawful for any person to board or alight
from any bus while such bus is in motion.
(Ord. MC-460, passed 5-15-1985)
§ 10.32.020 UNLAWFUL RIDING.
It is unlawful for any person to ride on any bus
upon any portion thereof not designed or intended for
the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a
duty.
(Ord. MC-460, passed 5-15-1985)
§ 10.32.030 RAILWAY TRAINS AND STREET
CARS NOT TO BLOCK STREET.
It is unlawful for the operator of any steam,
interurban or street railway train or car to operate the same in such a manner as to prevent the use of any
street for purposes of travel for a period of time longer than eight minutes.
(Ord. 1652, passed 3-18-1941)
§ 10.32.040 SPEED OF TRAINS AND CARS
UPON PUBLIC STREETS.
It is unlawful for any person, firm or corporation
to operate, permit or cause to be operated any engine,
train, locomotive, steam train, electric car or electric train over, across, upon or along any public street
within the city, except as specifically provided in
§ 10.32.050, at a rate of speed greater than one mile
in three minutes.
(Ord. 1652, passed 3-18-1941)
§ 10.32.050 SPEED OF TRAINS OVER
RIGHT-OF-WAY.
It is unlawful for any person, firm or corporation
to operate, permit or cause to be operated any engine,
train, locomotive, steam train, electric car or electric train upon the right-of-way now owned and operated
by the Atchison, Topeka and Santa Fe Railway, while
crossing over, upon or along any public street within
the city at a rate of speed greater than 30 mph, except that the speed may be increased to a rate of speed not
greater than 40 mph in that section north from
Baseline Street to the limits of the city.
(Ord. 1652, passed 3-18-1941)
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San Bernardino - Vehicles and Traffic40
§ 10.32.060 RAILWAY GATES.
It is unlawful for any person to drive any vehicle
through or under any safety gate or railroad barrier
which is maintained at a railroad crossing for the
purpose of warning persons of the approach of a train
or car, while such gate or barrier is closed or while it is being opened or closed.
(Ord. 1652, passed 3-18-1941; Ord. MC-460, passed
5-15-1985)
Packet Page. 1121
CHAPTER 10.36: LOADING ZONES, BUS STOPS AND CROSSWALKS Section
10.36.010 Loading zones and bus stops to
be painted or marked
10.36.020 Authorization to establish
crosswalks
Statutory reference:
For provisions on local authority to establish
crosswalks, see Cal. Vehicle Code, § 21106.
For provisions on local parking curb markings,
see Cal. Vehicle Code, § 21458.
§ 10.36.010 LOADING ZONES AND BUS
STOPS TO BE PAINTED OR MARKED.
The City Engineer shall determine, and the
Director of Public Services shall mark, the location of all loading zones and bus stops by causing the adjacent curb to be painted or marked respectively yellow,
white and red; that portion so marked yellow shall be
established as a loading zone, and the curb surface so
painted yellow shall have th ereon in black letters the words “loading zone,” and such loading zone so
located and marked shall be used only as a place for
the loading or unloading of passengers or freight,
subject to the limitations prescribed; that portion
painted white shall be established as a passenger
loading zone, and the curb surface painted white shall
have thereon in black letters the words “passenger
loading zone,” and such passenger loading zone so
located and marked shall be used only as a place for
the loading or unloading of passengers; that portion
painted red shall have thereon in white letters the
words “bus stops,” and such bus stop so located and
marked shall be used only as a place for the loading
and unloading of passengers, subject to the limitations herein prescribed, and the City Engineer may
determine, and the Director of Public Services shall
mark, the location in front of and adjacent to hospitals, police stations and theaters where it is unlawful to
stop, stand or park a vehicle by causing the adjacent
curb to be painted or marked red.
(Ord. 1652, passed 3-18-1941; Ord. 1730, passed
1-3-1945; Ord. MC-344, passed 2-22-1984)
§ 10.36.020 AUTHORIZATION TO
ESTABLISH CROSSWALKS.
The City Engineer is authorized and required to
establish crosswalks, approximately equal in width to
the adjacent sidewalk at all intersections, or between
intersections, where, in his or her opinion, there is a particular danger to pedestrians crossing the roadway,
and when so designated by the City Engineer, the
Director of Public Services shall designate the
crosswalks upon the surface of the roadway by white
painted lines.
(Ord. 1652, passed 3-18-1941; Ord. MC-344, passed
2-22-1984)
41 Packet Page. 1122
San Bernardino - Vehicles and Traffic42
Packet Page. 1123
CHAPTER 10.38: DRIVE-IN ESTABLISHMENTS
Section
10.38.010 Definition
10.38.020 Posting of rules and regulations
10.38.030 Designation and marking of
parking spaces
10.38.040 Operation of vehicles -
compliance with traffic-control
devices or markings
§ 10.38.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
DRIVE-IN ESTABLISHMENT (hereinafter
referred to as DRIVE-IN). A place of business
wherein beverages, foods or refreshments are served
to patrons for consumption on the premises at tables or stands in open or unenclosed areas, or in any vehicle
stopped, standing or parked in or upon the premises of
the DRIVE-IN, or in or upon any street, alley, land,
parking area or grounds immediately adjacent to such
premises, or adjacent to or adjoining any street or
public right-of-way abutting such premises.
(Ord. MC-460, passed 5-15-1985)
§ 10.38.020 POSTING OF RULES AND
REGULATIONS.
Persons owning, operating, managing or
conducting a drive-in shall place in conspicuous places at the drive-in at least four signs on which are written in legible English, in letters at least two inches in
height on contrasting background, words or phrases
requesting patrons to refrain from any conduct and act
prohibited by this chapter and by other rules and
regulations desired by the drive-in.
(Ord. MC-460, passed 5-15-1985)
§ 10.38.030 DESIGNATION AND MARKING
OF PARKING SPACES.
Persons owning, operating, managing or
conducting a drive-in shall place, at suitable locations on the premises, appropriate traffic-control devices
and signs, and markings on the pavement, as approved
by the city, directing traffic entering and leaving the establishment, and shall designate and mark parking
spaces for the parking of vehicles of patrons on the
premises.
(Ord. MC-460, passed 5-15-1985)
§ 10.38.040 OPERATION OF VEHICLES -
COMPLIANCE WITH TRAFFIC-CONTROL
DEVICES OR MARKINGS.
It is unlawful for any person entering or leaving
a drive-in to operate, stop, stand or park a vehicle
operated by him or her on any street or right-of-way,
in a manner contrary to any official traffic-control
device, sign or marking erected, installed or
maintained, on a temporary or permanent basis, by the
city pursuant to law.
(Ord. MC-460, passed 5-15-1985)
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San Bernardino - Vehicles and Traffic44
Packet Page. 1125
CHAPTER 10.40: DAMAGE TO PROPERTY
Section
10.40.010 Report required
10.40.020 Accident reports confidential
§ 10.40.010 REPORT REQUIRED.
The driver of a vehicle, or the person in charge of
any animal, involved in any accident resulting in
damage to any property, publicly owned, including,
but not limited to, any fire hydrant, ornamental
lighting post or ornamental shade tree, located in or
along any street or within any public park; or resulting in damage to any property owned by any public utility,
including, but not limited to, a telephone pole, electric light or power pole, where the damage exceeds $25,
shall, within 24 hours after such accident, make, or
cause to be made, a written report of such accident to
the City Police Department upon forms furnished by
the Police Department.
(Ord. 1652, passed 3-18-1941)
§ 10.40.020 ACCIDENT REPORTS
CONFIDENTIAL.
All required accident reports shall be without
prejudice to the individual so reporting and shall be for the confidential use of the Police Department, except
that the Police Department shall disclose the names
and addresses of persons involved in, or witnesses to,
an accident; the registration numbers and descriptions
of vehicles involved; and the date, time and location of an accident to any person who may have a proper
interest therein, including the driver or drivers
involved, or the legal guardian thereof, the parent of
a minor driver, the authorized representative of a
driver or to any person injured therein and the owners
of vehicles or property damaged thereby, or all of
them. No such report shall be used as evidence in any
trial, civil or criminal, arising out of an accident,
except that the Department shall furnish, upon demand
of any person who has or claims to have made such a
report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the Police Department solely to prove a
compliance or a failure to comply with the requirement
that such a report be made to the Police Department.
(Ord. 1652, passed 3-18-1941)
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San Bernardino - Vehicles and Traffic46
Packet Page. 1127
CHAPTER 10.44: VIOLATION - PENALTY
Section
10.44.010 Violation - penalty
10.44.020 Delinquent parking citations
§ 10.44.010 VIOLATION - PENALTY.
Any person violating any provision of Article I of
this title or any rule or regulation made by the
Common
City Council by resolution or by the City
Engineer or Director of Public Services, pursuant
thereto, is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 1652, passed 3-18-1941; Ord. 3035, passed
12-16-1969; Ord. MC-344, passed 2-22-1984; Ord.
MC-460, passed 5-15-1985)
§ 10.44.020 DELINQUENT PARKING
CITATIONS.
Unpaid parking citations which have not been
contested are delinquent 30 days after issuance of the
citation. Any citation which becomes delinquent shall
have a delinquency penalty and a Department of Motor
Vehicles’ hold charge added to the fine and cost of the citation. The amount of the delinquency penalty and
Department of Motor Vehicles’ hold charge shall be
established by resolution of the Mayor and
Common
City Council.
(Ord. MC-423, passed 11-9-1984)
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San Bernardino - Vehicles and Traffic48
Packet Page. 1129
ARTICLE II. SPECIFIC REGULATIONS
CHAPTER 10.48: BICYCLES
Section
10.48.010 Definitions
10.48.020 License - required
10.48.030 License - registration forms -
indicia - fees - renewal
10.48.040 Sale of bicycle - unique serial
number required
10.48.050 Removal or destruction of bicycle
number unlawful
10.48.060 Use of revenues from license fees
10.48.070 Records of registered bicycles to
be maintained
10.48.080 Facilities for receipt of
applications and license issuance
10.48.090 Authorization to arrest and issue
notices
10.48.100 Violation an infraction
10.48.110 Impoundment and retention of
bicycle for violation
Cross-reference:
For additional regulations on bicycles, see
Chapter 10.24.
Statutory reference:
For provisions on bicycle licensing, see Cal.
Vehicle Code, §§ 39000 et seq.
§ 10.48.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
BICYCLE. Any device upon which a person may
ride and which is propelled by human power through
a system of belts, chains or gears having either two or three wheels (one of which is at least 20 inches in
diameter, in tandem or tricycle arrangement) or having
a frame size of at least 14 inches.
BICYCLE DEALER. Any person, firm,
partnership or corporation which is engaged, wholly or
partly, in giving away or in the business of selling at retail, bicycles, or buying or taking in trade bicycles for purposes of resale, selling or offering for sale at retail, or otherwise dealing at retail in bicycles, which bicycles number more than five in any one calendar
year, whether or not such bicycles are owned by such
person or entity. The term also includes agents or
employees of such person or entity.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975; Ord. 3795, passed 1-9-1979)
§ 10.48.020 LICENSE - REQUIRED.
It is unlawful for any person to operate any
bicycle on any street, highway or other public property within the jurisdiction of this city unless such bicycle is licensed in accordance with the provisions of this
chapter.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975; Ord. MC-460, passed 5-15-1985)
§ 10.48.030 LICENSE - REGISTRATION
FORMS - INDICIA - FEES - RENEWAL.
(A) Pursuant to the Cal. Vehicle Code, Division
16.7, the City Police Department shall obtain
registration forms and original bicycle license indicia and renewal license supplementary adhesive devices
from the State Department of Motor Vehicles and,
upon written application by prospective licensees to
the Police Department, bicycle retailers and dealers
and other designated agents, bicycle license indicia and renewal license devices shall be issued in accordance
with the provisions of this chapter.
49 Packet Page. 1130
San Bernardino - Vehicles and Traffic50
(B) (1) All original licenses issued prior to
December 31, 1978, expired on December 31, 1978.
All original licenses issued on or after January 1, 1979 shall expire on December 31 of the second year
following the year of issuance. All renewal licenses
are due on January 1 next following the expiration of
the prior license, and shall expire on December 31 of
the third year following expiration of the prior license.
License fees shall be established by resolution.
(2) Original license fees are due and
payable on the purchase date of the bicycle, and are
delinquent if not paid within 30 days after such date.
Renewal license fees are due and payable on January
1 of the applicable year, and are delinquent if not paid by February 15 of that year; provided that the
delinquency date for the calendar year 1979 shall be
February 23, 1979. A penalty as established by
resolution shall be added to each delinquent license.
(3) The renewal of each license shall be
indicated by a renewal adhesive device, showing the
expiration date, affixed parallel to and above or below the license indicia. Renewal devices in succeeding
years shall be of different colors.
(C) The bicycle license, when issued for a
bicycle, shall be the authority for the bicycle to be
operated on any street, road, highway or public
property within the jurisdiction of the city, except on the sidewalks thereof or other public property
prohibited from bicycle use.
(D) Each license plate shall bear a unique license
number and shall be permanently assigned to a
bicycle.
(E) The original license plate and any renewal
license plate shall be affixed or impressed upon any
bicycle so licensed and neither the original license
plate or any renewal license plate shall be removed
from the bicycle during the effective period of the
license plate and renewal plate.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975; Ord. 3795, passed 1-9-1979)
§ 10.48.040 SALE OF BICYCLE - UNIQUE
SERIAL NUMBER REQUIRED.
(A) No bicycle dealer shall sell any new bicycle
in the city unless such bicycle has permanently
stamped or cast on its frame a serial number unique to
the particular bicycle of each manufacturer. Serial
numbers shall be stamped or cast in the head of the
frame, either side of the seat down post tube, or the
bottom sprocket bracket.
(B) Each bicycle dealer shall supply to each
purchaser of a new or previously owned bicycle a
record of the following information: name of dealer,
address of dealer, year and make of bicycle and serial
number of bicycle.
(C) It shall be the duty of every person who
sells, transfers ownership or otherwise disposes of any bicycle licensed under this chapter to report such sale or transfer by notifying the Police Department of such
transfer or disposition together with the name and
address of the person to whom the bicycle was sold or
transferred, and such report shall be made within ten
days of the date of the sale or transfer.
(D) It shall be the duty of the purchaser or
transferee of such bicycle to apply to the Police
Department for a transfer of license registration
therefor, within ten days of such sale or transfer.
(E) Whenever the owner of a bicycle licensed
under this chapter changes his or her address, he or
she shall, within ten days, notify the Police
Department of the old and new address.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975; Ord. 3795, passed 1-9-1979)
§ 10.48.050 REMOVAL OR DESTRUCTION
OF BICYCLE NUMBER UNLAWFUL.
It is unlawful for any person, firm or corporation
to willfully and maliciously remove, destroy, mutilate
or alter the number on any bicycle frame licensed
pursuant to this chapter or possess such bicycle frame
with knowledge that its number has been so removed,
destroyed, mutilated or altered. It is also unlawful for any person to remove, destroy, mutilate or alter any
license plate, seal or registration certificate during the time in which such license plate, seal or registration
Packet Page. 1131
Bicycles 51
card is operative; provided, however, that nothing in
this chapter shall prohibit the Police Department from
stamping numbers and symbols on the frames of
bicycles on which no serial number can be found, or
on which the number is illegible or insufficient for
identification purposes.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)
§ 10.48.060 USE OF REVENUES FROM
LICENSE FEES.
(A) Revenues from license fees shall be used for
the support of this chapter which shall include, but not be limited to, the purchase of original and renewal
bicycle license plates from the State Department of
Motor Vehicles, printing costs for report forms or
reimbursement costs to bicycle dealers or other
designated agents for services rendered.
(B) In addition, such revenues shall be used to
improve bicycle safety programs and establish bicycle
facilities, including bicycle paths and lanes within the limits of the city, except that other bicycle license fee revenues which, prior to the effective date of the
ordinance codified in this chapter, were used for other purposes may continue to be used for the same
purposes for a period not to exceed one year from
September 20, 1974, with the approval of the Mayor
and Common
City Council.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)
§ 10.48.070 RECORDS OF REGISTERED
BICYCLES TO BE MAINTAINED.
The Police Department shall maintain records of
each bicycle registered or transferred. Such records
shall include, but not be limited to, the license
number; the serial number of the bicycle; the make,
type and the model of the bicycle; and the name and
address of the licensee. Records shall be maintained
during the period of validity of the license or until
notification that the bicycle is no longer to be
operated.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)
§ 10.48.080 FACILITIES FOR RECEIPT OF
APPLICATIONS AND LICENSE ISSUANCE.
The Chief of Police is authorized to provide
facilities for the receipt of applications and issuing of licenses at locations in the city, elsewhere than the
Police Department in the Hall of Justice, and to
provide due publicity regarding the establishment of
official license issuing locations.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)
§ 10.48.090 AUTHORIZATION TO ARREST
AND ISSUE NOTICES.
Any police officer, reserve police officer or law
enforcement trainee is authorized and empowered to
arrest and issue notices to appear pursuant to the
provisions of this chapter and Cal. Penal Code,
§ 836.5 and Title 3,
Part 2, Title 3, Chapter 5C
(§§ 853.6 et seq.).
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)
§ 10.48.100 VIOLATION AN INFRACTION.
Every person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975; Ord. MC-460, passed 5-15-1985)
§ 10.48.110 IMPOUNDMENT AND
RETENTION OF BICYCLE FOR VIOLATION.