HomeMy WebLinkAbout37-City Attorney
-
CITY OF SAN BERCRDINO - REQUEST::::>>R COUNCIL ACTION
From:
Richard J. M:>rillo
Subject: ORDINJ\NCE ADDING SECl'IQ.~ 5.04.623 TO THE
MUUCIPAL ODE RE:LATING TO IUSINESS
REGISl'RATICN Uilil'u'ICATES FOR BUSINESSES
SELLING SPRAY PAINT AND WIIE-TIP MARKER')
Dept:
City Attorney
August 20, 1992
Date:
Synopsis of Previous Council action:
Ncm:
Recommended motion:
ADCPl' ORDINA~CE
P~~tu
,
Contact person: Dennis A. Barlow
Phone:
5355
Supporting data attached:
Proposed Ordinance
Ward: Citywide
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. Description!
Finance:
Council Notes:
75-0262
Agenda Item No l'3 7
CITY OF SAN BER.QRDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
The attached ordinance would impose an additional business
registration certificate fee on businesses selling spray paint or
wide-tip markers in the City. "Wide-tip markers" are defined as
those having a tip one inch or more in width. The amount of the
fee would be set by resolution of the Mayor and Common Council.
The proposed ordinance contains findings that the existence of
graffiti in the City defaces public and private property,
discourages normal maintenance and upkeep of property and attracts
and encourages illicit drug sales and gang activity. It further
recites the significant cost to the City of eradicating graffiti
and determines that it is proper for businesses which make the
means of such graffiti available to the public to bear a portion of
this cost.
75-0264
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c
-'"'""
,)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS
REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY PAINT AND
WIDE-TIP MARKERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.04. 623 is hereby added to the San
Bernardino Municipal Code to read as follows:
5.04.623 Sales of Spray Paint Cans and Wide-tip Markers
A.
The Mayor and Common Council of the Ci ty of San
Bernardino do hereby find and determine that the
existence of graffiti in the City defaces both publiC
and
private
property,
discourages
the
normal
maintenance and upkeep of property, attracts and
encourages illicit drug sales, gang activity and
resultant
criminal
actions,
all
resulting
in
significant costs to the taxpayers in the City through
Cleanup costs, code enforcement needs and law
enforcement activities. The Mayor and Common Council
further find and declare that it is appropriate that
those who make the means of such graffiti available to
the public should bear at least a portion of these
costs.
B.
For those businesses in the City that sell aerosol
containers of paint capable of defacing property or
that sell markers with a tip of 1 inch or more in
width, the business registration certificate fee
otherwise imposed pursuant to this Chapter shall be
increased by an amount established by resolution of the
RJM:ma [markers. ord)
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
-
",)
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
BUSINESS REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY
PAINT AND WIDE-TIP MARKERS.
Mayor and Common Council.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
RJM:ms(markers.ord]
2