HomeMy WebLinkAbout07.A- City Attorney ORDINANCE (ID # 1304) DOC ID: 1304 E
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Municipal Code
From: James F. Penman M/CC Meeting Date: 10/17/2011
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.
Financial Impact:
None.
Recommended Motion:
That the matter be referred to the Legislative Review Committee
Synopsis of Previous Council Action:
Ord. MC-1087, 9-18-00; Ord. MC-904, 5-16-94
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.
RECOMENDATION:
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
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
Updated: 10/12/2011 by James F.Penman E
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1304
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.
City Attorney Review:
Refer to Legislative Review Commitee Not Ready for Full Council Action
Supporting Documents:
8.69.090Ord2 (PDF)
Updated: 10/12/2011 by James F.Penman E Packet Pg.211 '`
7.A.a
1 ORDINANCE NO.
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
4 BERNARDINO MUNICIPAL CODE SECTION 8.69.090 REGARDING POSSESSION
5 OF GRAFFITI TOOLS BY JUVENILES.
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6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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7 DO ORDAIN AS FOLLOWS: d
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s SECTION 1. Section 8.69.090 of the San Bernardino Municipal Code is CD
9 hereby amended to read as follows:
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10 8.69.090 Possession of Instruments of Graffiti by Juveniles Prohibited. 0
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11 It is unlawful for any minor to have in his or her possession, the below
12 described instruments of graffiti while on any public highway, street, alleyway, park, o
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13 playground, swimming pool, public buildings, school property or any area open to the
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14 public, whether such juvenile is or is not in any automobile, vehicle, or other c
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15 conveyance. The provisions of this section shall not apply to any person under the
16 age of 18 years who is accompanied by a parent or guardian, or under the supervision
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17 of an adult teacher. o
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18 1. Any spray can containing anything other than a solution which can be o
19 removed by water after it dries. These include paint, undercoating, d
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20 spray insulation, and others having the same effect.
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21 2. Any spray can tips, other than those affixed to a spray can not meeting
22 the description of 8.69.090(1).
23 3. Any marker pens containing anything other than a solution which can
24 be removed by water after it dries.
25 4. Any container containing anything other than a solution that can be
26 removed with water after it dries and which can be used to apply that
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1 solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes,
2 and bottles and cans of such solutions.
3 5. Objects capable of etching glass or ceramic surfaces, including without
4 limitation, bits, grinding stones, glass cutters, scribes, broken spark plug
5 ceramic, chisels, and any solution capable of etching these surfaces
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6 when applied, including acids and etching baths. E
7 6. Any adhesive label commonly used as a Aslap tag.@
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1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a meeting thereof, held
3 on the day of , 2011 the following vote, to wit:
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 MARQUEZ
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6 JENKINS
7 BRINKER a
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8 SHORETT d
9 KELLEY c
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10 JOHNSON O
11 MCCAMMACK
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13 Rachel G. Clark, City Clerk
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15 The foregoing ordinance is hereby approved this_day of , 2011.
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18 PATRICK J. MORRIS, Mayor 00
City of San Bernardino
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Approved as to form: _
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JAMES F. PENMAN, a
21 City Attorney
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By:
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