San Bernardino Municipal Code Ch. 9.96 Crime-Free Zones

The purpose of this chapter is to establish a procedure for the designation of crime-free zones within the city.

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.

(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.

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.

(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

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)