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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
JAMES F. PENMAN Subject: An Ordinance of the City of San Bernardino
City Attorney ~mending Section 8.68.010 of the San Bernardino
unicipal Code Relating to Aerosol Containers and
CITY ATTORNEYO R l G \ N A ertain Marker Pens Inaccessible to Public to Include
Etching Cream.
Dept:
Date:
May 28, 2003
Synopsis of Previous Council Action:
Ordinance MC-867 added Chapter 8.68 to the Municipal Code effective April 5, 1993.
May 22, 2003 - Approved by Legislative Review Committee
Recommended motion:
That said ordinance be adopted.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
biW -l:J.rnC- lItIS
Agenda Item No.
1/
fc/ i0/(')~
STAFF REPORT
Council Meeting Date: .June 2. 2003
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
May 28, 2003
An Ordinance of the City of San Bernardino Amending Section 8.68.010
of the San Bernardino Municipal Code Relating to Aerosol Containers
and Certain Marker Pens Inaccessible to Public to Include Etching
Cream
Chapter 8.68 of the Municipal Code requires spray paint and large permanent markers to be
kept in areas inaccessible to the public.
Effective January 1,2003, Penal Code ~594.1 was amended to prevent "etching cream" from
being sold to any person under 18 years of age. The prohibition previously only applied to aerosol
containers of paint.
The Graffiti Task Force at the Police Department would like to add "etching cream" to the
list of products that must be stored in an area inaccessible to the public. This amendment
accomplishes this. The definition of "etching cream" for Penal Code ~594.1 is also added to this
Municipal Code section by this amendment.
The use of acid etching solutions became a major problem in the past two years. Etching
cream is a substance that produces a permanent area of damage to glass when applied. Etching
cream is commonly sold in hobby shops and craft stores. In checking San Bernardino and
surrounding jurisdictions, the Police Department has found that etching cream is often stolen if left
unsecured. A small amount of the substance can permanently damage a glass pane. The damage can
range from a few dollars to thousands of dollars. In addition, etching cream is caustic and has been
linked to injury to juveniles who use it as well as property owners trying to remove it.
The item was recommended for approval by the Legislative Review Committee on May 22,
2003.
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o~@~1f
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.68.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AEROSOL
CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO PUBLIC TO
INCLUDE ETCHING CREAM.
THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code Section 8.68.010 is amended to now read
as follows:
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"8.68.010 Inaccessibility to Public.
Every person who owns, conducts, operates or manages a retail
commercial establishment selling etching cream, aerosol containers, or marker
pens with tips exceeding four mIllimeters in width, containing anything other
than a solutIOn which can be removed with water after it dries, shall store or
cause such etching cream, aerosol containers or marker pens to be stored in an
area viewable by, but not accessible to the public in the regular course of
business without employee assistance, pending legal sale or disposition of such
marker pens or aerosol containers.
"For purposes of this section, "etching cream" means any caustic cream,
gel, liquid, or solution capable, by means of a chemical action, of defacing,
damagmg, or destroying hard surfaces in a manner similar to acid."
RLS/js [EtchingCream.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.68.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELA TING TO AEROSOL
CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO PUBLIC TO
INCLUDE ETCHING CREAM.
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 on the
3 _ day of
4 COUNCIL MEMBERS:
5 ESTRADA
6 LONGVILLE
7 MCGINNIS
8 DERRY
9 SUAREZ
10 ANDERSON
11 MC CAMMACK
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, 2003, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing Ordinance is hereby approved this _ day of
,2003.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
j.i";.i-
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u::FQR OFFICE USE ONLY. NOT,,A PUBLlCDOCU"'~ **,0'
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, - , -, CITY OF SAN BERNARDINO :' CITY CLERK'S OFFICE ~~N. ~-~',' '
C-i RECORDS & INFORMATION MANAGEMENT PROGRAM
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Meeting Date/Date Adopted:
AGENDA ITEM TRACKING FORM
?-' If t? / o~-s
I (
Re50lutio~Ordinance No, /J'le - If'l~
Effective Date: 7- /7 - c) :3.
Item No.
If
Ordinance Urgency: Yes
Termination/Sunset Date:
~
~,
Vote: Ayes: J- 7
Abstain; .-b'
Date Sent to Mayor: G- f 7 - (). 3
Date of Mayor's Signature: G - 17.. - () 3
Date Summary Sent to Attorney: 6-/7 -D ;:
Date Published: G "J 3, 03
Meeting Type:-D:c~~f- d2,.",
Continued Fromff'o & Item NO.rr
Nays:
Absent:
C"
9-
0-/'2':.. 03
h -( Y-03
(;//7/03
I l
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: ~~~ /VL--- ,
c;,1( ~/ 03L
I L
No
Ready to File:
Date:
0CXUMfNT lQCATlON:
FOIUotSIAIfnda 111m Tl'adlinI Fonn-CC Fomt No. 111.UR ~ lV0411996