Ordinance No. MC-1653
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0 ORDINANCE NO. MC-1653
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ENACTING A CODE OF ORDINANCES REVISING,
AMENDING, RESTATING, CODIFYING AND
COMPILING CERTAIN EXISTING GENERAL
ORDINANCES OF THE CITY DEALING WITH
SUBJECTS EMBRACED IN SUCH CODE OF
ORDINANCES
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the present general and permanent ordinances of the City are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the City Council of the City has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, Government Code Sections 50022.1 through 50022.10 provide for the codification, compilation, recodification, and publication of the permanent and general ordinances of the City.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Recodification and Adoption. There is hereby codified and adopted the City of San Bernardino Municipal Code as revised, reformatted, indexed, codified, compiled, edited, updated, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary code as are deleted, modified, or amended by the provisions of the City of San Bernardino Municipal Code. The City of San Bernardino Municipal Code and the secondary codes adopted by reference in the City of San Bernardino Municipal Code are adopted by reference under the provisions of Government Code §§ 50022.1 to 50022.10. The general ordinances of the City as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of San Bernardino.”
SECTION 3.Such Code of Ordinances as adopted in Section 2 shall consist of the following Titles:
Ordinance No. MC-1653
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0 TITLE 1: GENERAL PROVISIONS
1.01. Code Adoption
1.04. General Provisions
1.08. Resolutions and Ordinances
1.12. General Penalty
1.16. Boundaries of Wards
1.20. Working of Probationers on Public Property
1.24. Designation of Old City
1.26. Time Limitations for Administrative Mandamus Proceedings
1.28. Reserved
TITLE 2: ADMINISTRATION AND PERSONNEL
2.01. Mayor Pro Tempore
2.02. City Manager
2.03. Vacancies
2.04. Personnel System
2.06. Purchasing Agent
2.08. City Treasurer
2.10. Department of Finance and Management Services
2.12. Fire Department
2.14. Department of Public Works
2.15. Department of Community Development and Housing
2.16. Development Services Department
2.17. Boards, Bureaus and Commissions – General
2.18. Parks, Recreation and Community Services Department
2.19. Elected Official Compensation Advisory Commission
2.20. Special Counsel Services
2.22. Planning Commission
2.23. Historical Preservation Commission
2.24. Central City Parking Place Commission
2.26. Animal Control Commission
2.27. Library Board
2.28. Board of Water Commissioners
2.30. Fine Arts Commission
2.31. Relocation Appeals Board
2.32. Board of Fire Commissioners
2.34. Board of Police Commissioners
2.36. Peace Officer Standards and Training
2.38. Police Reserve
2.39. Human Relations Commission
2.40. Community Development Commission
2.41. Main Street Advisory Board
2.42. Community Television Commission
2.43. Bureau of Franchises
2.44. Cemetery Commission
2.45. Building Appeals Board
2.46. Disaster Council
2.47. Central City Advisory Board
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0 2.48. State Employees’ Retirement System
2.49. Senior Affairs Commission
2.50. Personnel Commission
2.52. City Hall
2.54. Holidays
2.55. Local Campaign Finance Regulations
2.56. Elections
2.57. Online or Electronic Filing of Fair Political Practices Commission Forms
2.58. Meetings
2.60. Disclosure of Financial Interests
2.62. Filing of Official Bonds
2.64. Appeals to City Council
2.65. Sale of Real Property
2.66. Contract of Indemnity
2.68. Vacancies in Office
2.70. Sale of Unclaimed Property
2.72. Demands Against City; Payment
2.73. Collection of Debts
2.74. Financial Interests of Appointed City Committee Members
2.75. Use of City’s CATV Facilities
2.76. Council Committees
2.77. Facilities Management Department
2.78. Code Compliance Department
2.79. Information Technology Department
2.80. Animal Control Department
2.81. Police Department
2.82. Mayor and City Council Compensation
2.83. Department of Economic Development
TITLE 3: REVENUE AND FINANCE
3.04. Purchasing System
3.05. Budget Transfers
3.08. Warrants
3.10. Checks Returned for Insufficient Funds
3.12. Refund of Fees for Permits, Licenses and Certificates
3.13. Waiver or Refund of Fees for Charitable Organizations
3.16. Claims Against the City
3.20. Special Gas Tax Street Improvement Fund
3.24. Traffic Safety Fund
3.26. Traffic Systems Fee
3.27. Development Impact Fees
3.28. Special Public Health Fund
3.32. Public Park Development and Recreation Fund
3.36. Cemetery Fund
3.38. Planned Local Drainage Facilities Fund
3.40. Property Taxes
3.44. Service Users Tax
3.46. Service Users Tax Reduction and Modernization Act
3.48. Real Property Transfer Tax
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0 3.52. Uniform Transient Occupancy Tax
3.54. Reserved
3.55. Transient Lodging Tax
3.56. Uniform Local Sales and Use Tax
3.57. Transactions and Use Tax
3.60. Cigarette Tax
3.64. Tax on Parking and Business Improvement Area
3.68. Assessment for Nuisance Abatement
3.70. Fees Set by Resolution
3.72. User Fees for Emergency Medical Services
3.73. User Fees for Video Production Services
3.75. Drainage Facilities; Public Utilities
3.80. Cost Recovery System for Booking Fee Collections
TITLE 4: RESERVED
[Reserved]
TITLE 5: BUSINESS REGISTRATION AND REGULATIONS
Article I. General Provisions
5.04. General Provisions and Rates
5.05. Medical Marijuana Dispensaries
5.08. Reserved
5.10. Commercial Cannabis Activities
5.12. Reserved
5.14. Entertainment - Dances and Adult Entertainment
5.16. Fire, Removal or Closing-Out Sales
5.18. Cannabis Business Tax
5.19. Peddling and Soliciting
5.20. Massage Parlors - Massagists
5.22. Outdoor Sales and Displays
5.24. Transporting Persons for Hire
5.26. Shopping Carts
Article II. Specific Businesses
5.28. Automobile Wreckers
5.30. Sidewalk Vending
5.32. Billiard Rooms and Poolrooms
5.36. Bingo Games
5.40. Charitable and Religious Solicitations in Central City Mall
5.42. Outdoor Entertainment
5.44. Coin-Operated Game Machines
5.48. Reserved
5.52. Escort Bureaus
5.56. Junk and Secondhand Dealers
5.60. Motor Buses
5.64. Motor Fuel Sales
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0 5.68. Personal Property Sales
5.72. Satellite Horse Race Wagering
5.76. Taxicabs and Non-Emergency Medical Vehicles
5.80. Theaters - Motion Picture and Electrical Equipment
5.82. Operator Permit Regulations
5.84. Enforcement - Citing Authority
TITLE 6: ANIMALS
6.01. General Provisions
6.02. Noisy Animals
6.03. Keeping of Non-Equine Livestock
6.04. Horses
6.05. Fowl
6.06. Pigeons
6.07. Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity
6.08. Dogs
6.09. Vicious and Potentially Dangerous Dogs
6.10. Cats
6.11 Quarantine
6.12 Police Dogs
6.13 Enforcement – Penalty
6.14 Administrative Citations
TITLE 7: RESERVED
[Reserved]
TITLE 8: HEALTH AND SAFETY
8.01. Environmental Health Code (AEHC@)
8.02. Inspection Grading of Food Establishments
8.03. Apiaries
8.05. Collection of Rent for Buildings Ordered Vacated
8.06. Distribution of Medicine, Pills or Drugs
8.07. Reserved
8.09. Treatment of Wounded Persons
8.12. Reserved
8.14. Yard Sales
8.15. Litter
8.18. Accumulation of Combustible and Non-Combustible Materials
8.19. Abatement of Fire Hazards and Hazardous Trees
8.21. Reserved
8.24. Solid Waste Collection, Removal, Disposal, Processing and Recycling
8.24.5. Construction and Demolition Waste Recycling Program
8.25. Scrap Tires
8.27. Nuisances
8.30. Public Nuisances
8.33. Reserved
8.35. Reserved
8.36. Abandoned Vehicles
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0 8.38. Signs on Vacant Properties
8.39. Seizure and Forfeiture of Nuisance Vehicles
8.42. Reserved
8.45. Reserved
8.48. Hotels and Lodging Houses
8.50. Venereal Diseases
8.51. Mufflers
8.54. Noise Control
8.57. Sound Vehicles
8.60. Fireworks
8.61. Prohibited Fireworks
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
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
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0 9.68. Curfew - Minors
9.69. Daytime Loitering
9.70. Protection of Minors
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 TITLE 10: VEHICLES AND TRAFFIC
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
TITLE 11: RESERVED
[Reserved]
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
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0 12.03. Right-of-Way Permits - Excavations and Temporary Encroachments
12.04. Reserved
12.05. Right-of-Way Permits - Wireless Facilities
12.08. Reserved
12.12. Telegraph and Telephone Poles - Underground Utilities
12.16. Datum Plane
12.20. Public Projects
12.21. Design-Build
12.24. Public Works Contracts
12.28. Improvements
12.30. Sight Distance Requirement
12.32. House Numbers
12.36. Street Grades
12.40. Street Trees
12.44. Obstructions
12.48. Bridges
12.52. Fire Hydrants
12.56. Parades
12.60. Vending Near Public Schools
12.64. Motion Picture and Television Production Permits
12.68. Park and School Grounds
12.72. Clocks
12.76. Seccombe Lake Park
12.80. Public Parks and Recreational Facilities
12.84. Off-Street Public Parking
12.88. Hang Gliding
12.90. Establishment, Financing and Operation of Assessment Districts
12.92. Construction and Maintenance of Sidewalks, Curbs and Driveways
12.93. City Participation in Sidewalk/Curb Repair and Sewer Connection Costs
12.94. Improvement Districts
12.95. Substandard Driveway Approaches
12.96. Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet
12.98. Camping on Public Streets and Parks
TITLE 13: PUBLIC UTILITIES
13.04. Wells
13.08. Connection with Public Sewer
13.12. Cross-Connections and Backflow Prevention Devices
13.16. Reserved
13.20. Geothermal Resources
13.24. Water Supply System
13.25. Spreading or Extraction Within the Management Zone
13.28. Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges
13.32. Wastewater Facilities
13.36. Underground Facilities
TITLE 14: FRANCHISES
14.04. General Regulations
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0 14.08. Cable, Video and Telecommunications Service Providers TITLE 15: BUILDINGS AND CONSTRUCTION
15.04. Building Codes
15.05. Property Maintenance Code
15.08. Liquefaction
15.10. Foothill Fire Zone Building Standards
15.11. Building Safety Enhancement Area Building Standards
15.12. Earthquake Hazard Reduction in Existing Buildings
15.16. Uniform Fire Code
15.20. Certificate of Occupancy
15.24. Property Maintenance Requirements
15.25. Multi-Family Rental Housing Fire Inspection Program
15.26. Single-Family Rental Property Inspection Program
15.27. Multi-Family Rental Housing Program Maintenance Standards
15.28. Dangerous Buildings
15.32. Reserved
15.34. Removal or Destruction of Trees
15.36. Demolition and Moving of Buildings and Structures
15.37. Historic Building Demolition Ordinance
15.38. Reserved
15.40. Reserved
15.44. Reserved
15.48. Swimming Pools
15.52. Reserved
15.55. City Assumption of Code Enforcement in Mobile Home Parks
15.56. Reserved
15.57. Cultural Development Construction Tax
15.60. Reserved
15.64. Reserved
15.68. Washers, Dryers, Extractors and Compressors
15.72. Reserved
15.73. Verdemont Area - Infrastructure Fee
15.74. Violation - Penalty
TITLE 16: SIGNS
16.04. Reserved
16.08. Reserved
16.12. Political Signs
16.16. Street Banner Permit
16.18. Unauthorized Signs on Public Property
TITLE 17: ENVIRONMENTAL PROTECTION
17.04. Reserved
17.05. Hazardous Waste Management Plan
17.06. Water Wise Landscape Program
17.07. Water Efficient Landscape Ordinance
17.08. Mobile Source Air Pollution Ordinance
Ordinance No. MC-1653
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0 TITLE 18: RESERVED
[Reserved]
TITLE 19: LAND USE/SUBDIVISION REGULATIONS
[Reserved]
PARALLEL REFERENCES
References to California Codes
References to Ordinances
INDEX
SECTION 4.Continuation of Existing Law. The recodification and adoption of the City of San Bernardino Municipal Code is intended by the City Council to be a continuation of existing provisions of the City of San Bernardino Municipal Code, and nothing is intended to modify or enact any new laws or new taxes. To the extent the provisions of the City of San Bernardino Municipal Code are substantially the same as existing law, the provisions of the City of San Bernardino Municipal Code shall be considered a continuation of existing law and not new enactments.
SECTION 5.All prior ordinances pertaining to the subjects treated in the City of San Bernardino Municipal Code shall be deemed repealed from and after the effective date of this Ordinance except as they are included and reordained in whole or in part in the City of San Bernardino Municipal Code ; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the City of San Bernardino Municipal Code.
SECTION 6.The City of San Bernardino Municipal Code shall be in full force and effect as provided in this Ordinance, and the City of San Bernardino Municipal Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given
SECTION 7.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
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0 SECTION 8. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 10. Effective Date. This Ordinance shall take effect 30 days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of September 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Ordinance No. MC-1653
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0 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1653, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20 th day of August 2025. Ordinance No. MC-1653 was approved, passed and adopted at a regular meeting held the 3rd day of September 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 4th day of September 2025.
Telicia Lopez, CMC, Acting City Clerk