HomeMy WebLinkAbout40- City Attorney CITY OF SAN BERNA' INO - REQUEST FC COUNCIL ACTION
From: Subject:
James F. Penman An ordinance of the City of San Bernardino adding
Dej Chapter 8.68 to the San Bernardino Municipal Code
City Attorney requiring retailers to keep certain aerosol containers
Date: February 18, 1993 and certain marker pens inaccessible to the public
Synopsis of Previous Council action:
2/15/93 - Directed City Attorney to bring back ordinance
Recommended motion:
Waive further reading and lay over for final adoption
Signature
Dennis A. Barlow 5255
Contact person: Phone:
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
;ot Votes:
'5-0262 Agenda Item No. ��
CITY OF SAN BERNA' 71NO - REQUEST FQ__` COUNCIL ACTION
STAFF REPORT
The recent California Supreme Court case of Sherwin-Williams
Company v. City of Los Angeles ( 1993 ) C4th , 93
Daily Journal D.A.R. 1683, upheld an ordinance of the City of Los
Angeles requiring retailers to keep spray paint containers and
wide-tip markers away from access from the public. The purpose of
the ordinance as expressed in its adoption and as shared by the Los
Angeles City Attorney' s office is " . . . to help insure that aerosol
containers of paint are not stolen from business establishments" .
Los Angeles had concluded that a very high proportion of aerosol
paint containers are stolen, presumably for graffiti purposes.
At the meeting of the Mayor and Council held on Monday,
February 15, 1993, the City Attorney' s office was directed to
prepare a similar ordinance. The attached ordinance is based on
the City of Los Angeles ordinance upheld in the Sherwin-Williams
case.
75-0264
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8. 68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO
3 KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS
INACCESSIBLE TO THE PUBLIC
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1 . Chapter 8. 68 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 "8. 68.010 Inaccessibility to Public
9 "Every person who owns, conducts,
10 operates or manages a retail
11 commercial establishment selling
12 aerosol containers, or marker
13 pens with tips exceeding four
14 millimeters in width, containing
15 anything other than a solution
16 which can be removed with water
17 after it dries, shall store or
18 cause such aerosol containers or
19 marker pens to be stored in an
20 area viewable by, but not
21 accessible to the public in the
22 regular course of business
23 without employee assistance,
24 pending legal sale or disposition
25 of such marker pens or aerosol
26 containers.
27
28
DAB:km[AER0S0L.0RD] —1— February 17, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO
2 KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS
INACCESSIBLE TO THE PUBLIC
3
"8 . 68 .020 Violation
4
Any violation of Section 8. 68.010
5
is a misdemeanor. "
6
7 I HEREBY CERTIFY that the foregoing ordinance was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a meeting thereof, held on the
10 day of 1993, by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 ESTRADA
13 REILLY
14 HERNANDEZ
15 MAUDSLEY
16 MINOR
17 POPE-LUDLAM
18 MILLER
19
City Clerk
20 The foregoing ordinance is hereby approved this day
21
of 1993.
22
23 W. R. Holcomb, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN,
City Attorney
27
28 BY:
AB- mEAEROSOL.ORD] —2— February 17, 1993