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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: An Ordinance of the City of San Bernardino
Amending Sections 5.04.495 and 5.04.496, and Adding
Section 5.04.499 of the San Bernardino Municipal Code
Regarding Transient Vendors
Dept: CITY ATTORNEY
Date:
September 24, 2004 0 R t G t N A L
Synopsis of Previous Council Action:
None.
Recommended motion:
That said Ordinance be laid over for final adoption.
-L7~.. -
Ognature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
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Agenda It,
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STAFF REPORT
Council Meeting Date: October 4, 2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
September 30, 2004
An Ordinance of the City of San Bernardino amending Sections 5.04.495 and
5.04.496, and adding Section 5.04.499 of the San Bernardino Municipal Code
. regarding transient vendors.
The enforcement provisions in the San Bernardino Municipal Code regarding transient mer-
chants/vendors are found in Sections 5.04.495 and 5.04.496. The proposed new ordinance would
amend these two sections by broadening the locations prohibited and the types of activities
prohibited by such merchants/vendors. Additionally, language is added to address the types of
transient merchant/vendor situations encountered by the City Attorney's Office and Code
Compliance during their weekday and weekend enforcement efforts.
For example, Section 5.04.495B, as proposed, would prohibit a person issued a business
registration certificate or permit under any other section of Chapter 5.04 from remaining at any
location for more than five (5) minutes in a twenty-four (24) hour period unless that location is listed
on such certificate or permit.
Since the locations and types of prohibited activities has been expanded, Section 5.04.496
has been reworded so that it shall be unlawful for the owner, tenant, and/or person in control or
charge of any real or personal property to authorize another to engage in or to allow any of the
activities now prohibited in expanded Section 5.04.495.
The Legislative Review Committee recommended approval of the subject ordinance to the
Mayor and Common Council. It is requested that the ordinance be laid over for final adoption.
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AN ORDINANCE OFT::;~~f~INOAMENDING SECTIONS
5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
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4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION I. San Bernardino Municipal Code Section 5.04.495 is amended to now read in
its entirety as follows:
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"5.04.495 Transient merchantslvendors and temporary businesses prohibited.
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A. It shall be unlawful for any person or persons to offer for sale, trade, or barter, to
create, to possess items to be sold, traded, or bartered, or to sell, trade, or barter any
items including but not limited to manufactured items, homemade items, packaged and
un packaged goods, commodities, food, agricultural products, vehicles, furniture, or any
other item or to offer any service, from a temporary stand, or other temporary location,
upon any public street, alley, sidewalk, right-aI-way, easement, or other public place,
doorway of any room or building, unenclosed building, buildingfor which no certificate
of occupancy has been issued, vacant lot,front or side yard, back yard (except as
permitted in chapter 5.68 o.fthis title), driveway, parking lot, or parcel ofland, either
paved or unpaved, at any time.
B. Possession of a valid City of San Bernardino Business Registration Certificate or
Permit issued under any section of chapter 5.04 of this title is not a defense to section (A)
if the transient merchant/vendor stays at any location not listed on their Business
Registration Certificate or Permit for more than five (5) minutes in a twenty:four (24)
hour period.
C. This section is intended to make it unlawful for any person or persons to offer,
create, possess items to sell, or commence 10 sell items at locations that have not been
approved by the City, and to prohibit transient merchants/vendors and temporary
businesses. The Mayor and Common Council find that transient merchants/vendors and
temporary businesses at temporary locations cause blight; they unlawfully compete
against lawful businesses without paying permit fees or taxes; they encourage people to
unlawfully assemble; they threaten the public's health and safety, public sanitation, and
the public welfare; and they create a public nuisance.
D. This section applies to all transient merchants/vendors regardless of their employer or
purpose. "
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SECTION 2. San Bernardino Municipal Code Section 5.04.496 is amended to now read
22 in its entirety as follows:
"5.04.496 Property owner responsibility for transient mercbants/vendors and
temporary businesses.
It shall be unlawful for the owner, tenant, and/or person in control or charge of any real
25 or personal property to authorize another to engage in or to allow any of the activities
rohibited in section 5.04.495 on that property. "
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28 MR/tbm [F:\BANAC\Ordinances\S0449S.ord.changcs.two,wpd)
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
3
SECTION 3. San Bernardino Municipal Code Section 5.04.499 is added to read as
4 follows:
"5.04.499 Severability.
If any provision of sections 5.04.495. 5.04.496, 5.04.497 or 5.04.498 is determinedby
ny court of competent jurisdiction, or by any federal or state agency having jurisdiction over its
ubject matter, to be invalid or in conflict with any paramount federal or state law or regulation
7 now or hereafter in effect, or is determined by that court or agency to require modification in
rder to conform to the requirements of that paramount law or regulation, then that provision
ill be deemed a separate, distinct, and independent part of this chapter, and such determination
9 will not affect the validity and enforceability of any other provisions."
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28 MRltbm [F:\BANAC\Ordinances\S0449S.ord.cbangcuwo.wpd)
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
day of , 2004, by the following vote, to wit:
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COUNCIL MEMBERS: AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
ABSTAIN ABSENT
NAYS
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City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
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25 AMES F. PENMAN
City Attorney
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28 M~bm [F:\BANAOOrdinances\S0449S.ord.changes.rwo.wpd)
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. . '.-'- 'CITY OF SAN BERNARDINO:'cfrv CLERK'S OFFICE -.::~,~,~_.,,,:- -.,
. -''r' . RECORDS & INFORMATION MANAGEMENT PROGRAM ,.,
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: I a /tr/ ()l( Item No. q
Resolution/Ordinance No. /YJC:" 1(\('1 Ordinance Urgency: Yes
Effective Date: ! /-1 g- - (; t.( TenninationlSunset Date:
Vote: Ayes: /, 2, :3 s: (., 7 Nays:--&-
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Abstain; -G- Absent: L/'
Date Sent to Mayor: If) /I~I 0'1 Date Returned from Mayor:
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Date of Mayor's Signature:
Date Summary Sent to Attorney' D
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Date Published:
Meeting Type:
Continued Fro
Date of Clerk's Sigl\ature:
Date Summary Returned from Attorney:
10 CJ
Date Seal Impressed:
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Date Sent for Signature:
Expiration Date:
Copies Distributed To:
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: JvlP';~ /" ~~ - /0/;1 {jJ
. ( ~----
No
Ready to File:
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Date:
II) litlJ'!
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DCX:UMENT lOCATlON:
~AIfnda .....TIdlnlFomt.CCFomtNo.I11.UIt~ lV0411996