HomeMy WebLinkAbout282 - Ordinances ORDINANCE NO. 282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 243,
PERTAINING TO OPPENSES AGAINST POLICE DOGS, AND ORDIN~CE
NO. 257, PEI~AINING TO USE OF ALCOHOL IN PUBLIC PLACES, AND
AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY
ADDING A NI~ CHAPTER 9.16 ENTITLED "CONSUMPTION OF ALCOHOL
IN PUBLIC PLACES~, AND A NI~/ CHAPTER 9.18 ENTITLED
"MISCELLANEOUS OFFENSES."
A. Recitals.
(i) Current state law does not directly proscribe acts directed
toward police dogs which may harm or injure such dogs and which may cause
interference with police officers performing their duties.
(ii) The City of Rancho Cucamonga contracts with the San Bernardino
County Sheriff's Department by and through the County of San Bernardino, for
the provision of police services, which include the use of police dogs in crime
situations.
(iii) In order to assure:~d promote the unfettered use of police
dogs within the City of Rancho Cucamonga, this Council finds it necessary to
adopt appropriate regulations proscribing various acts directed toward police
dogs.
(iv) Current state law does not directly prohibit the consumption of
alcohol beverages on public property.
(v) This City Council finds it necessary to adopt reasonable
regulations governing the use of alcoholic beverages on public property in
order to promote and protect the health, safety and welfare of the citizens of
Rancho Cucamonga.
(vi) This City Council heretofore adopted said Ordinance Nos. 243 and
257 and by inadvertence, both of said ordinancee amended the City Code by
adding Chapter 9.16.
(vii) In order to provide proper notice prior to enforcement of
Ordinance Nos. 243 and 257, as recodified herein, and to assure the continued
regulation of the subject matter of said ordinances, this City Council finds it
necessary, as an urgency measure, to repeal and recodify said ordinances as
provided herein.
(viii) Ail legal-prerequisites to the adoption of this Ordinance have
occurred.
The City Council ~f the City of Rancho Cucamo~ga does ordain as
follows:
~ECTION 1: In all respects as set forth io t~e Recitals, Part A, of
this Ordinance.
SECTION 2: The City Council of the City of Rancho Cucamonga hereby
finds as follows:
a. At present, State law does not proscribe certain, potentially
harmful acts directed toward police dogs which may interfere with a police
officer's performance of bis/bet duties.
b. By virtue of the contract between the City of Rancho
Cucamonga and the County of San Bernardino referenced in Part A, above, police
dogs may be utilized at any time within the City of Rancho Cucamonga.
c. This Ordinance is reasonable and necessary in order to
promote and assure the unfettered use of police dogs within the City of Rancho
Cucamonga.
Ordinance No. 282
Page 2
d. Current State Law does not directly prohibit the consumption
of alcoholic beverages in public places and, accordingly, it is necessary
adopt reasonable regulations prohibiting such use in order to protect
promote the public health, safety and welfare.
e. Ordinance Nos. 243 and 257, hereinbefore adopted by this City
Council, were both inadvertently designated Chapter 9.16 and, accordingly, it
is necessary, as an urgency measure, to repeal and recodify said ordinances.
SECTION 3: Ordinance Nos. 243 and 257, both of which added a Chapter
9.16 to the Rancho Cucamonga Municipal Code pertaining to miscellaneous
offenses and use of alcoholic beverages in public places are hereby repealed.
SECTION 4: Title 9 of the Rancho Cucamonga Municipal Code is hereby
amended by the addition of a new Chapter 9.16 to reed, in words and figures, as
follows:
"Chanter 9.16
"Consumotion of Alcohol in Public Place~
"9.16.010 Definitions.
"9.16.020 Consumption of Alcoholic Beverages in Public Places
Prohibited.
"9.16.030 Penalties for Violation of Chapter.
"9.16.010 DefinitiQns. As used in this Chapter, the term
'alcoholic beverage' and 'alcoholic beverages' shall have the meaning set
forth in Section 23004 of the California Business and Professions Code as
the same presently exists, or as the same may be amended from time to timp
"9.16.020 Consumotion of Alcoholic Beverages in Public Place~
~. It shall be unlawful for any person to consume any alcoholic
beverage while upon any public street, alley, way, sidewalk or parkway,
whether in a motor vehicle or otherwise, within the City of Rancho
Cucamonga.
"9.16.030 Penalties for Violation of Chapter. It shall be
unlawful for any person to violate any provision of this Chapter. Any
person violating any provision of this Chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment."
SECTION 5. Title 9 of the Rancho Cucamonga Municipal Code is hereby
amended by the addition of a new Chapter 9.18 to read, in words and figures, as
follows:
"Miscellaneous Offenses
"9.18.010 Interference with ?olice Dogs Prohibited.
"9.18.020 Penalties for Violation of Chapter.
"9.18.010 Interference with Police Do~s Prohibited. It shall be
unlawful for any person, in a manner not otherwise prohibited by California
Penal Code Section 597 to tease, harass, agitate, provoke, beat, kick,
strike, injure, or iu any way interfere with any dog being used by any law
enforcement officer in the performance of his or her official duties.
Ordinance No. 282
Page 3
"9.18.020 P~nalties for Violation of Chanter. It shall be
unlawful for any person to violate any provision of this Chapter. Any
person violating any provision of this Chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment."
SECTION 6. Pursuant to the provisions of California Government Code
Section 36937(b), the City Council of the City of Rancho Cucamonga declares
this Ordinance to be an urgency measure requiring the immediate enactment
thereof for the preservation of the public peace, health, safety and welfare of
the City and its citizens and, accordingly, the provisions of this Ordinance
shall become effective immediately upon adoption.
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in The Daily R,Dort, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 4th day of December, 1985.
AYES: Buquet, Mikels, Dahl, King
NOES: None
ABSENT: Wright
~j//Jo~ D-. Mikels, Mayor
ATTEST:
Beverly A~. Authelet, City Clerk
I, BEVERLY A. AUTHELET, CITY CLEI~ of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced and
passed as an urgency measure at the regular meeting of the City Council of the
City of Rancho Cucamonga held on the 4th day of December, 1985.
Executed this 4th day of December, 1985 at Rancho Cucamonga,
California.
Beverly A/Authelet, City Clerk