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: CiT.F SAN BERNARDI. - REQUE. FOR COUNCIL ACT.N
From: Ralph H. Prince
loept: City Attorney
Date: April 25, 1986
Subject: Clarification on sale of
Merchandise in Public Parks
Synopsis of Previous Council action:
4/14/86
Legislative Review Committee recommended approval of
ordinance.
Recommended motion:
Waive further first reading of ordinance and layover for final
adoption.
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v Signature
Contact person:
Allen R. Briggs
Phone:
5256
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
Aoenda Item No. ~,
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CI" OF SAN BERNARD., - REQU.T FOR COUNCIL ACeoN
STAFF REPORT
The Director of parks, Recreation and Community Services is
presently enforcing a prohibition against the parking of
automobiles in public park areas when such vehicles are posted
with a "for sale" sign, or similar evidence that the vehicle
is there for the primary purpose of being offered for sale.
This is done pursuant to the existing provisions of San
Bernardino Municipal Code Section 12.80.120, and some
citations have been issued under this. This procedure appears
to be working. However, upon close review of the present
provision, it is believed that language making clear that the
prohibition of any sale or offer for sale should apply only
within public parks and recreational areas, not in an
undefined area. Although the prohibition appears in the
chapter on public parks and recreational facilities, a court
might determine this particular provision to be too vague.
The City Attorney recommends that the ordinance be amended to
eliminate any possible claim that it is vague.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 12.80.120 TO CLARIFY THAT SALE
OF MERCHANDISE IS PROHIBITED IN PUBLIC PARKS AND RECREATIONAL
FACILITIES OF CITY.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. San Bernardino Municipal Code Section 12.80.120
is hereby amended to read as follows:
"12.80.120 Displays and sales.
It is unlawful for any person to sell or offer for sale any
merchandise, article or thing of any kind or nature whatsoever in
any public park, or recreational facility, including all grounds,
roadways, avenues, park facilities, municipal parks and
playground areas, or portions thereof, under the supervision of
the Parks, Recreation and Community Services Department, unless
such person possesses a written document from the Director of
Parks, Recreation and Community Services consenting to such sale
or offer for sale."
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
, 1986, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing ordinance is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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City At~orne'y
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