HomeMy WebLinkAboutMC-892
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Effective: February ~O, 1994
ORDINANCE NO.
Me-892
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.65 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
DESTRUCTION OF WEAPONS IN THE CUSTODY OF THE POLICE DEPARTMENT
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 8.65 is hereby added to the San
Bernardino Municipal Code to read as follows:
"8.65.010 Destruction of Weapons in Custody of Police
Department
Any weapon which is determined to be a nuisance
pursuant to Penal Code S12028 and is in the possession
of the San Bernardino Police Department shall annually
in the month of July, or sooner, if necessary to
conserve local resources including space and
utilization of personnel who maintain files and
security of. those weapons, be destroyed so that it can
no longer be used as such a weapon except upon the
certificate of a judge of a court of record, or of the
San Bernardino County District Attorney or of the San
Bernardino City Attorney, that the retention of it is
necessary or proper to the ends of justice.
8.65.020 Lost or Stolen Weapons
If any weapon has been lost or stolen and is
thereafter recovered, or is used in such a manner as
to constitute a nuisance pursuant to Penal Code S12028
and S8. 65.010 of this chapter, without the prior
knowledge of its lawful owner that it would be so
used, it shall not be destroyed but shall be restored
to the lawful owner, if his or her identity and
address can be reasonably ascertained, as soon as its
use as evidence has been served, upon his or her
identification of the weapon and proof of ownership.
Sufficient identification of ownership shall include,
but shall not be limited to, a police report made at
or near the time of loss or theft, or at or near the
time of discovery of the loss or theft. A police
report by itself listing the lost or stolen weapon is
sufficient identification of ownership.
8.65.030 Alternatives to Destruction
(al Pursuant to the authority of Penal Code S12030,
when the Police Department has custody of any firearms
which may be useful to the California National Guard,
the Coast Guard Auxiliary, or to any military or naval
DAB/js [Destruction.Ord]
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December 9, 1993
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Me-892
agency of the federal or state government, including
but not limited to, the California National Guard
military museum and resource center, it may, upon the
authori ty of the Mayor and Common Council and the
approval of the Adjutant General, deliver the firearms
to the commanding officer of a unit of the California
National Guard, the Coast Guard Auxiliary, or any
other military agency of the state or federal
government in lieu of destruction as required by this
chapter. The Police Department shall take a receipt
for the firearms containing a complete description
thereof and shall keep the receipt on file as a public
record.
(b) When the Police Department has custody of any
firearms, or any parts of any firearms, which are
subject to destruction as required by this chapter it
may, in lieu of destroying the weapons, retain and use
any of them as may be useful in carrying out the
official duties of the Department, or upon approval of
a court, may release them to any other law enforcement
agency for use in carrying out the official duties of
that agency, or may turn over to the criminalistics
laboratory of the Department of Justice or the
criminalistics laboratory of any other police
department, sheriff's office, or district attorney's
office any weapons which may be useful in carrying out
the official duties of their respective agencies.
(c) Any firearm, or part of any firearm, which,
rather than being destroyed, is used for official
purposes pursuant to this section shall be destroyed
by the Department or other agency using the weapon
when it is no longer needed for use in carrying out
official duties.
(d) The Police Department may, in lieu of destroying
any firearms. as required by this chapter, obtain an
order from the Superior Court directing the release of
the firearms to the sheriff. The sheriff shall record
a description of such firearms and release them to a
basic training academy as provided in Penal Code
~12030(d)
8.65.040 Notice to Department of Justice
Pursuant to Penal Code ~12030( e), when the Police
Department retains or destroys a firearm pursuant to
this chapter it shall notify the Department of Justice
of the retention or destruction. The notification of
each firearm, including the name of the manufacturer
or brand name, model, caliber, and serial number.
8.65.050 Temporary Custody of Certain Firearms
DAB/js [Destruction.Ord]
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December 9. 1993
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MC-892
This chapter shall not apply to those firearms taken
into temporary custody at the scene of domestic
violence. Such weapons shall be disposed of as
provided in Penal Code ~12028.5 except that when such
firearms are not claimed by or returned to the owners
they shall not be sold but shall be destroyed as
provided in this chapter.
8.65.060 Retention as Evidence
The provisions of this chapter shall not apply to
those weapons which are or may be evidence in either
a criminal or civil case, which weapons shall be
retained pending a final decision in such case.
8.65.070 Definition of Firearm
For the purposes of this chapter, weapon and firearm
shall be synonymous and firearm shall have the
definition provided in Penal Code S1240l."
12 adopted by the Mayor and Common Council of the City of San
I HEREBY CERTIFY that the foregoing Ordinance was duly
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Bernardino at a ~ga~v~~ed
day of
meeting thereof, held on the 10th
T::Inll~ry
1994,by the fOllowing vote, to wit:
Council Members:
AYES NAYS
X
X
X
X
X
X
X
NEGRETE
ABSTAIN
ABSENT
17 CURLIN
18 HERNANDEZ
19 OBERHELMAN
20 DEVLIN
21 POPE-LUDLAM
22 MILLER
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(J~L~
Ci ty 'Clerk
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DAB/js [Destruction.Ord]
December 9. 1993
MC-892
1
2 AN ORDINANCE... ADDING CHAPTER 8.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE DESTRUCTION OF WEAPONS IN THE
3 CUSTODY OF THE POLICE DEPARTMENT
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The foregoing Ordinance is hereby approved this I;<!h.-, day
?~/r'
of
1994.
~/ ') ii,
~/ (1;;'/11 ,U~1/4r\......
TOm Mino " Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~Jk.)
DAB/js [Destruction.Ord]
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December 9. 1993