A. In order to supplement state legislation and to control the spread of infectious venereal disease in the City of San Bernardino, pursuant to Health and Safety Code Section 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 San Bernardino 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 Penal Code Section 647
(1) for solicitation in prostitution related cases or
(2) for prostitution; or
(b) Any person who is convicted of any such offense.
2. Any person who, within the past twelve months, has had any such infectious venereal disease, or has been convicted of any offense of the kind herein specified within twelve 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 San Bernardino County Director of the Department of Public Health (hereinafter referred to as "Health Officer"), his 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 San Bernardino 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 Government Code Sections 6254(c) (k) or 6255 or other law.
(Ord. MC-209, 9-20-82)