San Bernardino Municipal Code Ch. 8.50 Venereal Diseases

(A) In order to supplement state legislation and to control the spread of infectious venereal disease in the city, pursuant to Cal. Health and Safety Code, § 3194, certain arrested persons reasonably believed to be infected with an infectious venereal disease and certain other persons not arrested but reasonably believed to be so infected may be ordered to report to the County Department of Public Health or to a physician and undergo examination and testing for infectious venereal disease, and to provide evidence to the city of having had such examination and testing.

(B) When, in the judgment of an authorized individual, it is necessary to protect the public health, a person in either of the following categories may be reasonably believed to have an infectious venereal disease:

(1) (a) Any person who is arrested for an offense in the nature of solicitation or prostitution of the type punishable under Cal. Penal Code, § 647:

1. For solicitation in prostitution related cases; or

2. For prostitution.

(b) Any person who is convicted of any such offense.

(2) Any person who, within the past 12 months, has had any such infectious venereal disease, or has been convicted of any offense of the kind herein specified within 12 months past and who fails to present satisfactory evidence of examination and testing for infectious venereal disease, and who is reasonably believed to be engaged in any activity in the nature of prostitution or solicitation.

(C) A person in the foregoing categories who is reasonably believed to have an infectious venereal disease may be ordered in writing by the County Director of the Department of Public Health (hereinafter referred to as “health officer”), his or her authorized deputy or any city employee designated by the Mayor and approved by the health officer, to report to either his or her own physician, the County Department of Public Health or an authorized physician retained by the city, if any, at that person’s option, and to be examined and tested for the purpose of determining whether such person is, in fact, infected with an infectious venereal disease. Each such person shall submit to such examination and testing as are necessary and are authorized by law and shall permit specimens to be taken for laboratory analysis. The provisions hereof are for health purposes and shall not be utilized as, or construed to be, a penalty or punishment.

(D) If any such person is found to have an infectious venereal disease of a type which is amenable to treatment, he or she shall be referred for such treatment as is consented to or is otherwise authorized by law. If such disease is not amenable to treatment, such person shall be referred for counseling under rules of the health officer.

(E) Examination and testing shall occur not later than ten days after the arrest, service of an order to be examined for infectious venereal disease or release from custody, whichever last occurs. Within ten days after such examination and testing, each person ordered to be examined for infectious venereal disease shall obtain a medical report setting forth the results of examination and testing for infectious venereal disease and shall deliver or transmit the report to the health officer and, additionally, shall provide evidence of having had such examination and testing to the city or county issuing the order, which evidence shall not be publicly disclosed pursuant to Cal. Gov’t Code, §§ 7927.700, 7927.705, 7922.000 or 7922.540(a) or other law.

(Ord. MC-209, passed 9-20-1982)

Editor’s note:

Medical records may be exempt under Cal. Gov’t Code, § 7927.700 (2023) (formerly Cal. Gov’t Code, § 6254(c)) and various other statutes that do not require disclosure of personnel, medical or similar files which would constitute an unwarranted invasion of personal privacy.

The health officer, his or her authorized deputy and any city employee designated by the Mayor and approved by the health officer under § 8.50.010(C) are authorized and empowered to implement the purposes of § 8.50.010 by personally serving, upon any person reasonably believed to have an infectious venereal disease, an order for examination and testing incident to an arrest or notice to appear for the charge of prostitution or solicitation of the type punishable under Cal. Penal Code, § 647(a) or (b), or incident to other activity as set forth in § 8.50.010(B)(1) or (B)(2).

(Ord. MC-209, passed 9-20-1982)

The health officer may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this chapter and to govern administrative procedures hereunder. These rules and regulations shall be consistent with this chapter and other applicable law.

(Ord. MC-209, passed 9-20-1982)

Any person having been served with an order to present himself or herself for examination and testing for infectious venereal disease who fails to present himself or herself for such examination and testing in the manner and within the time specified, or who violates any other order issued pursuant to § 8.50.010, or any other 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-209, passed 9-20-1982; Ord. MC-460, passed 5-15-1985)

If any section, division, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of a court of competent jurisdiction or conflicts with any state law or regulation, such decision or such conflict shall not affect the validity of the remaining portions of the ordinance. The Council declares that it would have passed this chapter and each section, division, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, division, clauses or phrases thereof be declared invalid or unconstitutional or might conflict with any state law or regulation.

(Ord. MC-209, passed 9-20-1982)

This chapter is enacted with the intention of supplementing provisions of the California Health and Safety Code and California Administrative Code concerning the control of venereal disease by local health officers and any provision hereof which might conflict with such state codes shall be interpreted to comply with and as subordinate to such state codes. The provisions hereof have been enacted after consultation with and the approval of the County Director of Public Health. The need of, and rational basis for, this chapter have been established and based upon statistical evidence provided by the County Department of Public Health and deductions therefrom, studies and programs in Colorado Springs and Denver, Colorado, and elsewhere, and the successful results of a similar experimental program in operation since 1976 under the jurisdiction of the Department of Public Health of the County of Monterey with the active assistance of the State Department of Health Services.

(Ord. MC-209, passed 9-20-1982)