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HomeMy WebLinkAbout34-City Attorney - l/II ClTY OF SAN BERNA~INO - REQUEST FO() COUNCIL ACTION :rom: James F. Penman Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.495 AND ADDING SECTION 5.04.596, 5.04.49~ AND 5.04.498 OF THE SBMC RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. ~: City Attorney late: May 13, 1991 .ynopsis of Previous Council lCtion:. None. Recommended motion: Waive farther reading and layover for adoption. r ~ LD~?J~ o Signature Contact person: Dennis A. Barlow Phone: 384-5355 Supporting data .tta..hed: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 (Acct. DescriDtionl Finance: Council Notes: 75--0262 Agenda Item No ':J4 - - CITY.OF SAN BERNAQDINO - REQUEST FCO COUNCIL ACTION STAFF REPORT The unlawful sale of motor vehicles and related equipment from vacant lots around the City has caused problems of traffic congestion, foot traffic and litter. Under the City's current ordinances it has been difficult to fix responsibility for such actions on the landowner who should be responsible to monitor ongoing activities on his property. The proposed ordinance will make it unlawful not only to sell such material but to allow such sale as a landowner. In addition, the ordinance will allow the seizure of such material pending a hearing before the City Clerk or her designee. This will allow the City Officials to eliminate these unofficial used car lots which function out of zone and without the conditions and requirements of other businesses. 75-0264 JII o o 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.495 AND ADDING SECTIONS 5.04.496, 5.04.497 AND 5.04.498 OF 3 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 5.04.495 of the San Bernardino 7 Municipal Code is hereby amended to read as follows: 8 "5.04.495 Transient merchants and temporary businesses 9 prohibited. 10 It shall be unlawful for any person to sell merchandise, 11 12 13 motor vehicles, trailers, foodstuffs, stuffed animals, fruits, vegetables, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand or other 14 tamporary location upon any public street, alley or other 15 public place, doorway of any room or building, unenclosed 16 building, or vacant lot, or parcel of land, either paved or 17 unpaved. This section does not apply to businesses with 18 19 licenses issued pursuant to another section or sections of this Chapter. The purpose of this section is to make it 20 21 22 unlawful for a person or persons to sell or commence to sell those items listed above at locations that have not been approved, and to prohibit transient merchants and 23 24 temporary businesses." SECTION 2. Section 5.04.496 is hereby added to the San 25 Bernardino Municipal COde to read as follows: 26 "5.04.496 Property owner responsibility for transient 27 merchants and temporary businesses. 28 As a property owner it shall be unlawful to authorize or DAB/ses/Merchan3.ord May 14, 1991 1 4 - - - o o 1 allow the sale of merchandise, motor vehic1~s, trailers, foodstuffs, stuffed animals, fruits, vegetables, medicine, eggs, furniture, bakery goods, or similar items from a 2 3 4 5 temporary stand or other temporary location upon any doorway of any room or building, unenclosed building, or 6 vacant lot, or parcel of land, either paved or unpaved, 7 8 9 10 unless a license is otherwise allowed and granted pursuant to this Chapter. A property owner shall be conclusively presumed to have allowed a commercial activity occurring on his property." 11 SECTION 3. Section 5.04.497 is hereby added to the San 12 Bernardino Municipal Code to read as follows: 13 "5.04.497 Seizure; hearing 14 In addition to any criminal action which may be taken, any 15 authorized officer may seize the items offered for sale 16 contrary to Sections 5.04.495 and 5.04.496 and hold said 17 items pending a hearing before the City Clerk or his/her 18 19 20 designee. Said hearing must be had within thirty (30) days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of 21 the hearing may be posted at the location where the items 22 23 24 25 26 27 28 were offered for sale. At the hearing the City Clerk or his/her designee shall determine whether a license pursuant to this Chapter has been issued. If he or she determines that such license has not been issued he or she may destroy or otherwise dispose of the items or may return such items to the seller upon the payment of all costs of the seizure and hearing by the seller. If the items are evidence in a DAB/ses/Merchan3.ord May 14, 1991 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - ~ ~- o o 1 2 criminal proceeding they shall not be returned.9r destroyed pending release by the appropriate authorities. If the 3 4 5 6 items seized are perishable and the value thereof in the estimation of the seizing officer is greater than $100.00, the items shall be sold, if possible, and any money received shall be the subject of the hearing. If the value of the perishable items are in the estimation of the seizing officer $100.00 or less, they may be destroyed or otherwise disposed of, but the hearing shall still be noticed. Any animals seized pursuant to this Section shall be impounded, returned or disposed of pursuant to Chapter 6.24. If the seller or his or her agent does not appear for the hearing provided for in this Section the items shall be deemed abandoned and may be disposed of as other surplus City property. As used in this Section "officer" or "authorized officer" shall mean any police officer of the City of San Bernardino, any of the officers specified in Section 9.90.010.A.7 of this code with regard to animals, and any of the officers specified in Section 9.90.0l0.A.5 and Section 9.90.0l0.A.6. SECTION 4. Section 5.04.498 is hereby added to the San 22 Bernardino Municipal Code to read as follows: 23 24 25 26 27 28 "5.04.498 penalty Violation of Sections 5.04.495, and 5.04.496 shall be a misdemeanor. This Section is in emphasis of Section 1.12.010.A. and not in contradiction thereof. Stating the penalty for the violation of these sections shall not be construed as affecting the penalties for any other DAB/ses/Merchan3.ord May 14, 1991 3 10 11 12 13 14 15 16 17 18 19 20 o o 1 AN ORDINANCE...RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. 2 3 4 5 6 7 8 9 provision of this Code." 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 , 1991, by the following vote, to wit: day of AYES NAYS ABSTAIN Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1991. 21 W. R. Holcomb, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney r // r DAB/ses/Merchan3.ord May 14, 1991 4 ~ -- 4 - - o o 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.04.495 AND ADDING SECTIONS 5.04.496, 5.04.497 AND 5.04.498 OF 3 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. 4 THE MAYOR AND COMMON. COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 5.04.495 of the San Bernardino 7 Municipal Code is hereby amended to read as follows: 8 "5.04.495 Transient merchants and temporary businesses 9 prohibited. 10 It shall be unlawful for any person to sell merchandise, 11 motor vehicles, trailers, foodstuffs, stuffed animals, 12 13 14 fruits, vegetables, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand or other 15 temporary location upon any public street, alley or other publiC place, doorway of any room or building, unenclosed building, or vacant lot, or parcel of land, either paved or 16 17 18 unpaved. This section does not apply to businesses with licenses issued pursuant to another section or sections of 19 20 this Chapter. The purpose of this section is to make it 21 unlawful for a person or persons to sell or commence to sell those items listed above at locations that have not 22 been approved, and to prohibit transient merchants and 23 temporary businesses." 24 SECTION 2. Section 5.04.496 is hereby added to the San 25 Bernardino Municipal Code to read as follows: 26 "5.04.496 Property owner responsibility for transient 27 merchants and temporary businesses. 28 As a property owner it shall be unlawful to authorize or DAB/ses/Merchan2.ord May 14, 1991 1 7 8 9 10 11 o o 1 2 allow the sale of merchandise, motor vehicles, trailers, 3 foodstuffs, stuffed animals, fruits, vegetables, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand or other temporary location upon any doorway of any room or building, unenclosed building, or vacant lot, or parcel of land, either paved or unpaved, 4 5 6 unless a license is otherwise allowed and granted pursuant to this Chapter. A property owner shall be conClusively presumed to have allowed a commercial activity occurring on his property." SECTION 3. Section 5.04.497 is hereby added to the San 12 Bernardino Municipal COde to read as follows: 13 "5.04.497 Seizure: hearing 14 In addition to any criminal action which may be taken, any 15 authorized officer may seize the items offered for sale 16 contrary to Sections 5.04.495 and 5.04.496 and hold said 17 items pending a hearing before the City Clerk or his/her 18 19 20 21 22 23 24 25 26 27 28 designee. Said hearing must be had within thirty (30) days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of the hearing may be posted at the location where the items were offered for sale. At the hearing the City Clerk or his/her designee shall determine whether a license pursuant to this Chapter has been issued. If he or she determines that such license has not been issued he or she may destroy or otherwise dispose of the items or may return such items to the seller upon the payment of all costs of the seizure and hearing by the seller. If the items are evidence in a DAB/ses/Merchan2.ord May 14, 1991 2 10 11 12 13 14 15 16 17 18 19 20 21 o o 1 criminal proceeding they shall not be returned.or destroyed 2 3 4 5 6 pending release by the appropriate authorities. If the 7 8 9 items seized are perishable and the value thereof in the estimation of the seizing officer is greater than $100.00, the items shall be sold, if possible, and any money received shall be the subject of the hearing. If the value of the perishable items are in the estimation of the seizing officer $100.00 or less, they may be destroyed or otherwise disposed of, but the hearing shall still be noticed. Any animals seized pursuant to this Section shall be impounded, returned or disposed of pursuant to Chapter 6.24. If the seller or his or her agent does not appear for the hearing provided for in this Section the items shall be deemed abandoned and may be disposed of as other surplus City property. As used in this Section "officer" or "authorized officer" shall mean any police officer of the City of San Bernardino, any of the officers specified in Section 9.90.0l0.A.7 of this code with regard to animals, and any of the officers specified in Section 9.90.0l0.A.5 and Section 9.90.0l0.A.6. SECTION 4. Section 5.04.498 is hereby added to the San 22 Bernardino Municipal Code to read as follows: 23 24 25 26 27 28 "5.04.498 Penalty Violation of Sections 5.04.495, and 5.04.496 shall be a misdemeanor. This Section is in emphasis of Section 1.12.0l0.A. and not in contradiction thereof. Stating the penalty for the violation of these sections shall not be construed as affecting the penalties for any other DAB/ses/Merchan2.ord May 14, 1991 3 ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 u o o 1 AN ORDINANCE...RELATING TO TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES. 2 3 4 provision of this Code." 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 , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1991. 21 W. R. Holcomb, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: (L~ 7. ~ 0' DAB/ses/Merchan2.ord May 14, 1991 4