HomeMy WebLinkAbout54-City Attorney
CITY" OF SAN BERIORDINO - REQUEST CbR COUNCIL ACTION
From: James F. Penman
Subject:
AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 5.04.495
AND ADDING SECTION 5.04.596, 5.04.497
AND 5.04.498 OF THE SBMC RELATING TO
TRANSIENT MERCHANTS AND TEMPORARY
BUSINESSES.
Dept: City Attorney
Date: May 13, 1991
Synopsis of Previous Council action:
None.
Recommended motion:
Waive farther reading and layover for adoption.
(\
, . 1
'~~? /~
/, Signature
C/
Contact person:
Dennis A. Barlow
Phone:
384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No
5,/
CITY OF SAN BER~RDINO - REQUEST Q,R 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
o
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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
14
15
16
17
18
19
20
21
22
23
24
motor vehicles, trailers, foodstuffs, stuffed animals,
fruits, vegetables, medicine, eggs, furniture, bakery
goods, or similar items from a temporary stand or other
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
unpaved.
This section does not apply to businesses with
licenses issued pursuant to another section or sections of
this Chapter.
The purpose of this section is to make it
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
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 1 t shall be unlawful to authorize or
DAB/ses/Merchan3.ord
May 14, 1991
1
10
11
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1
allow the sale of merchandise, motor vehicles, trailers,
2
foodstuffs, stuffed animals, fruits, vegetables, medicine,
3
eggs, furniture, bakery goods, or similar items from a
4
temporary stand or other temporary location upon any
5
6
doorway of any room or building, unenclosed building, or
vacant lot, or parcel of land, either paved or unpaved,
7
unless a license is otherwise allowed and granted pursuant
8
to this Chapter.
A property owner shall be conclusively
9
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
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25
26
27
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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/Merchan3.ord
May 14, 1991
2
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14
15
16
17
18
19
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21
1
2
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4
5
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7
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criminal proceeding they shall not be returned or destroyed
pending release by the appropriate authorities.
If the
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
9.90.010.A.5 and Section 9.90.010.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
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20
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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
5
6
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
7
day of
, 1991, by the following vote, to wit:
8
Council Members:
AYES
NAYS
ABSTAIN
9
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
23
22 Approved as to form
and legal content:
24
25
26
27
28
JAMES F. PENMAN,
City Attorney
r .~
By: '41~ ?-.:I~
U '
DAB/ses/Merchan3.ord
May 14, 1991
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
fruits, vegetables, medicine, eggs, furniture, bakery
13
goods, or similar items from a temporary stand or other
14
temporary 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
licenses issued pursuant to another section or sections of
19
this Chapter.
The purpose of this section is to make it
20
unlawful for a person or persons to sell or commence to
21
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
;);U^
9
10
11
o
o
1
allow the sale of merchandise, motor vehicles, trailers,
2
foodstuffs, stuffed animals, fruits, vegetables, medicine,
3
eggs, furniture, bakery goods, or similar items from a
temporary stand or other temporary location upon any
4
5
6
doorway of any room or building, unenclosed building, or
vacant lot, or parcel of land, either paved or unpaved,
7
unless a license is otherwise allowed and granted pursuant
8
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 i terns 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
\l:~;"
10
11
12
13
14
15
16
17
18
19
20
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criminal proceeding they shall not be returned or destroyed
2
3
pending release by the appropriate authorities.
If the
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
4
5
6
7
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
8
9
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
~"..
-.,
10
11
12
13
14
15
16
17
18
19
20
o
r-'\
0.......;
1 AN ORDINANCE...RELATING TO TRANSIENT MERCHANTS AND
TEMPORARY BUSINESSES.
2
3
provision of this Code."
4
I HEREBY CERTIFY that the foregoing ordinance was duly
5
adopted by the Mayor and Common Council of the City of San
6
Bernardino at a
meeting thereof, held on the
7
8
9
, 1991, by the following vote, to wit:
day of
NAYS
ABSTAIN
Council Members:
AYES
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
23
22 Approved as to form
and legal content:
24
25
26
27
28
JAMES F. PENMAN,
City Attorney
By: (L~ '9. i2/vt-~,
U
DAB/ses/Merchan2.ord
May 14, 1991
4