HomeMy WebLinkAbout05.A- City Attonrney ORDINANCE (ID# 1441) DOC ID: 1441
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Municipal Code
From: James F.Penman M/CC Meeting Date: 01/23/2012
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. (FINAL READING)
(Recommended for Approval at the Legislative Review Committee Meeting of December 6,
2011 -Committee Members Present: Marquez,McCammack, Shorett)
Financial Impact:
None.
Motion: Adopt Ordinance.
Synopsis 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.
On January 9, 2012 the Mayor and Common Council laid over the ordinance for final adoption.
Background:
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.
Updated: 1/18/2012 by Mays Oehiqui
1441
During 2011 it was found this municipal code had applications in the Administrative Civil
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 1 and adds
subsection 6 to SBMC 8.69.090.
City Attorney Review:
Su000rtine Documents:
ord 1441 (PDF)
Updated: 1/18/2012 by Mayra Ochiqui
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
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3 OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE
9 SECTION 8.69.090 REGARDING POSSESSION OF GRAFFITI TOOLS BY
JUVENILES.
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7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS: d
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10 SECTION 1. Section 8.69.090 of the San Bernardino Municipal Code is
11 hereby amended to read as follows: M
12 8.69.060 Possession of Instruments of Graffiti by Juveniles Prohibited. o
13 It is unlawful for any minor to have in his or her possession, the below
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19 described instruments of graffiti while on any public highway, street, alleyway, park,
is 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 o
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17 conveyance. The provisions of this section shall not apply to any person under the rr
18 age of 18 years who is accompanied by a parent or guardian, or under the supervision e
19 of an adult teacher. a
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20 1. Any spray can containing anything other than a solution which can be d
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removed by water after it dries. These include paint, undercoating,
22 spray insulation, and others having the same effect. a
23 2. Any spray can tips, other than those affixed to a spray can not meeting
24 the description of 8.69.090(1).
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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
4 SECTION 8.69.090 REGARDING POSSESSION OF GRAFFITI TOOLS BY
JUVENILES.
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6 3. Any marker pens containing anything other than a solution which can
be removed by water after it dries.
4. Any container containing anything other than a solution that can be E
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removed with water after it dries and which can be used to apply that v
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solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes, d
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11 and bottles and cans of such solutions. R
12 5. Objects capable of etching glass or ceramic surfaces, including without 0
13 limitation, bits, grinding stones, glass cutters, scribes, broken spark
14 plug ceramic, chisels, and any solution capable of etching these
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15 surfaces when applied, including acids and etching baths.
16 6. Any adhesive label commonly used as a "slap tag," `o
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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
4
JUVENILES.
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6 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 , 2042, by the following d
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vote, to wit:
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10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT v
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11 MARQUEZ
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12 JENKINS
13 A
BRINKER
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SHORETT °a
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16 KELLEY
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17 JOHNSON
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21 Rachel Clark, City Clerk E
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22 The foregoing Ordinance is hereby approved this—day of , 2012. a
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24 PATRICK J. MORRIS, Mayor
25 Approved as to form: City of San Bernardino
26 JAMES F. PENMAN
CityA rney
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28 By
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