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CIA OF SAN BERNARDQO - REQUAT FOR COUNCIL AC~ON
From:
Ralph H. Prince
Subject: Chain Link Fences
in Commercial Zones
Dept: City Attorney
Date: March 22, 1985
Synopsis of Previous Council action:
2-18-85: The use of chain link fences as they apply to commercial
zones throughout the City was referred to the Legislative
Review Committee.
3-21-85: Legislative Review Committee reviewed and recommended it
be placed on April 1, 1985 agenda.
Recommended motion:
waive further first reading of ordinance and layover for
final adoption.
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Signature
Contact person:
John F. Wilson
Phone:
5162
Supporting tlata attached:
Y9i
Ward:
n/a
FUNDING REQUIREMENTS:
Amount:
n/a
Source:
Finance:
Council Notes:
A"'!ncl~ It..m Nn 3 ~,
75_0262
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CIPt OF SAN BERNAROfllo - REQUQT FOR COUNCIL AC!1.0N
STAFF REPORT
The proposed ordinance adding Section 19.62.080 to the San
Bernardino Municipal Code to regulate the use of chain link
fencing in the Parking District has been amended as follows:
1. At the instruction of the Mayor and Common Council,
Subsection (B) has been amended. The section previously
allowed chain link fences around construction sites to
remian in place for ninety days following completion of the
project. That period has now been reduced to thirty days.
2. Subsection (D) has been added. This subsection allows
five years non-conforming use of a chain link fence. At the
end of this period, the fence is deemed to constitute a
nuisance, subject to removal under the nuisance abatement
procedures of San Bernardino Municipal Code Chapter 8.33.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.62.080 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT THE USE
OF CHAIN LINK FENCING WITHIN THE CENTRAL BUSINESS DISTRICT.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.62.080 is added to the San Bernardino
Municipal Code to read:
-19.62.080 Chain link fencing.
The purpose of this section is to promote the enhancement and
development of the downtown area which most directly represents
the image and commercial character of the City, to preserve and
improve the appearance of the City, to protect property values,
and to promote the general welfare by adopting the following
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regulations with respect to the use of chain link fencing in the
Central Business District.
A. The construction and erection of chain link fence and
chain link gate whether of a permanent or temporary construction,
shall hereafter be prohibited in the Central Business District.
1. 'Chain link fence' is defined as a fence, composed of
lupright structures, including but not limited to posts, poles,
Ilmasonry, brick or buildings over which or between which galvanized
.or metallic chain link fence fabric is stretched and attached by
!tie wires, hog wires or other attachment devices.
,
2. 'Chain link gate' is defined as a gate composed of
posts, poles, tension wire or other rigid structures, over which
chain link fence fabric is stretched and attached by tie wires,
hog wires, or other attachment devices.
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I 3. For purposes of the application of this section, the
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Central Business District is defined as that area bounded on the
north by Seventh Street, on the south by Rialto Avenue, on the
east by Sierra Way, and on the west by the 1-215 freeway.
B. The prohibition of Section 19.62.080 Subsection A shall
not apply to chain link fencing erected around sites where the
work of building construction or building modification is in
progress and is being actively pursued. All existing and future
chain link fences shall be removed within thirty days following
the completion or discontinuance of progress of such work of
building construction or building modification.
C. The prohibition of Section 19.62.080 Subsection A shall
apply to fencing, any part of which is composed of galvanized or
metallic wire mesh fabric, barbed wire, or razor ribbon.
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D. Any existing nonconforming fence may be used and
maintained for a period of five years following the effective date
of this section, at which time said fence shall be deemed to
constitute a public nuisance and shall be subject to abatement
under the provisions of San Bernardino Municipal Code Sections
8.33.010, et seq.-
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
, 1985, by the following
vote, to wit:
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
c&t':l/I/--fl/
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