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6.A
ORDINANCE (In # 1441)
DOC ID: 1441
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Municipal Code
From: James F. Penman
MlCC Meeting Date: 01109/2012
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney
Ward(s): All
Subject:
Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section
8.69.090 Regarding Possession of Graffiti Tools by Juveniles. (First Reading) (Recommended
for Approval at the Legislative Review Committee Meeting of December 6, 20 II - Committee
Members Present: Marquez, McCammack, Shorett)
Financial Impact:
None.
Motion: Layover Ordinance for final adoption.
Svnopsis of Previous Council Action:
Ord. MC-1087, 9-18-00; Ord. MC-904, 5-16-94
On October 17, 2011 the Ordinance was referred to the Legislative Review Committee.
On December 6, 2011 the Legislative Review Committee recommended approval of the item to
the full Council.
Backe:round:
PROBLEM:
SBMC 8.69.090 deals with possession of graffiti tools by juveniles while in public. In its current
form it does not articulate school property for a location. It also does not address the issue of slap
tags.
RECOMMENDATION:
Modify SBMC 8.69.090 to include school grounds and slap tags.
FINDINGS:
SBMC 8.69.090 has been in effect for several years and has been used on a limited basis for
enforcement regarding juveniles in possession of graffiti tools while in public and unsupervised.
During 2011 it was found this municipal code had applications in the Administrative Civil
Updated: 1/4/2012 by Mayra Ochiqui
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1441
Penalty process. The municipal code is now being used to hold parents accountable for the
possession of graffiti tools by their children. By fining parents using the ACP process we are
finding parents are more inclined to deal with the graffiti issue with their children.
The current form of the municipal code articulates several locations but does not articulate
school property. The Graffiti Task Force often assists School Police, on school property, with
campus graffiti issues. By adding "school property" to the list of articulated locations a possible
problem in prosecution could be avoided.
The current form of the municipal code addresses several objects commonly used for graffiti
vandalism. Papers with graffiti, and attached by adhesive, are commonly used for vandalism and
are referred to as "slap tags". These objects account for thousands of dollars in damage citywide
annually. By adding "slap tags" to the list of objects enforcement efforts and parent
accountability would be enhanced.
The Ordinance Amendment adds the words "school property" on line 10 of page I and adds
subsection 6 to SBMC 8.69.090.
City Attorney Review:
Supportinl! Documents:
ord 1441
(PDF)
Updated: 1/4/2012 by Mayra Ochiqui
1- pac:~et Pg;206 .1
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SECTION 1. Section 8.69.090 of the San Bernardino Municipal Code is Q)
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE
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SECTION 8.69.090 REGARDING POSSESSION OF GRAFFITI TOOLS BY
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JUVENILES.
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6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO ORDAIN AS FOLLOWS:
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hereby amended to read as follows:
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8.69.060 Possession of Instruments of Graffiti by Juveniles Prohibited.
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It is unlawful for any minor to have in his or her possession, the below
14 described instruments of graffiti while on any public highway, street, alleyway, park,
15 playground, swimming pool, public buildings, school property or any area open to the
16 public, whether such juvenile is or is not in any automobile, vehicle, or other
17 conveyance. The provisions of this section shall not apply to any person under the
18 age of 18 years who is accompanied by a parent or guardian, or under the supervision
19 of an adult teacher.
20
1.
Any spray can containing anything other than a solution which can be
removed by water after it dries. These include paint, undercoating,
spray insulation, and others having the same effect.
Any spray can tips, other than those affixed to a spray can not meeting
the description of 8.69.090(1).
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2.
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25 III
26 III
27 III
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE
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SECTION 8.69.090 REGARDING POSSESSION OF GRAFFITI TOOLS BY
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JUVENILES.
3.
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16 6.
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
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Any marker pens containing anything other than a solution which can
be removed by water after it dries.
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Any container containing anything other than a solution that can be '"
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removed with water after it dries and which can be used to apply that
solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes,
and bottles and cans of such solutions.
5.
Objects capable of etching glass or ceramic surfaces, including without
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limitation, bits, grinding stones, glass cutters, scribes, broken spark
plug ceramic, chisels, and any solution capable of etching these
surfaces when applied, including acids and etching baths.
Any adhesive label commonly used as a "slap tag."
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1
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE
3
SECTION 8.69.090 REGARDING POSSESSION OF GRAFFITI TOOLS BY
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JUVENILES.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the _ day of
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vote, to wit:
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10 COUNCIL MEMBERS: AYES NAYS
11 MARQUEZ
12 JENKINS
13
BRINKER
14
SHORETT
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16 KELLEY
17 JOHNSON
18 MC CAMMACK
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, 2012, by the following ~
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ABSTAIN ABSENT ~
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22 The foregoing Ordinance is hereby approved this _ day of
,2012.
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Rachel Clark, City Clerk
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN
City Arney
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By:
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