San Bernardino Municipal Code Ch. 9.90 Authority to Arrest - Citations

(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 (“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, 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 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)