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10;
.CITY OF SAN BERrRDINO - REQUEST ~R COUNCIL ACTION
l= rom:
w. R. "Bob" Holcomb, Mayor
Subject:
Ordinance relating to business
registration certificates
for business selling spray paint
and wide tip markers.
Dept:
Dau: April 28, 1992
Synopsis of Previous Council action:
,
Recommended motion:
That further reading of the ordinance be waived and it be laid
over for final adoption.
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Contact person:
Phone:
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda I tern No . --) - ...2
. CITY OF SAN BERIORDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
In February 1992 the city's Department of Public Services
implemented an aggressive, comprehensive graffiti removal program
to mitigate the serious, ongoing problem of graffiti in the city.
The program covers the entire city and consists of:
1. surveying and identifying locations.
2. Establishing priorities for abatement.
3. Reporting practices.
4. Abatement procedures.
5. Re-surveying for repeats.
6. Maintenance of progress/productivity records.
During the first month this program was in effect, a total of 1,005
items were identified for abatement. Of that total, 652 were
abated. Prior to this program, the average total monthly abatement
was 170. Clearly, the City is making headway and as the program
progresses and is improved and refined, greater results can be
expected.
The Director of Public Services estimates the annual cost of this
program to be $150,000. This figure covers costs of labor,
equipment, materials, insurance, etc. During the budget cuts
adopted by the Mayor and Common Council in January of this year,
approximately $200,000 was cut from the overall Public Services
special Projects budget which includes the graffiti removal
program. At that time, Mayor and Council also considered several
revenue enhancement options. One such measure was a graffiti tax on
the retail sale of markers and spray paint. Though serving as a
deterrent to the purchase of such items, this measure would have
also placed a tax burden on the consumer. As such a measure would
require voter approval by a 2/3 majority, no action was taken.
Offered for your consideration is a proposed annual $200 surcharge
to the business certificate registration fee for businesses within
the City that sell spray paint and/or markers. Below are the
numbers of businesses selling spray paint and/or markers as per the
Business Registration Division:
General Merchandise 454
Hardware stores 10
Lumber/Building Materials 15
Paint stores 16
Pharmacies 12
Automotive Supplies 19
Manufacturers 2
Grocery Stores 189
Wholesalers --!
Total 721
75-0264
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The total estimated revenue that would be generated from an annual
$200 per certificate registration surcharge is $144,200 per year.
This revenue could be utilized to expand the present graffiti
program by hiring more employees to speed up the abatement of each
item; to heighten community awareness through community meetings;
and to enhance City part~~ipation in the WE TIP program.
It is, therefore, recomm~nded that the attached ordinance relating
to business registra~ion certificates for businesses selling spray
paint and W~'d :,ztiP m~kers be adopted.
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W. R: tJBob" frolc mh, Mayor
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS
REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY PAINT AND
WIDE-TIP MARKERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.04.623 is hereby added to the San
Bernardino Municipal Code to read as follows:
5.04.623 Sales of Spray Paint Cans and Wide-tip Markers
A.
The Mayor and Common Council of the City of San
Bernardino do hereby find and determine that the
existence of graffiti in the City defaces both public
and
private
discourages
the
normal
property,
maintenance and upkeep of property, attracts and
encourages illicit drug sales, gang activity and
resultant criminal a~tions, all resulting in
significant costs to the taxpayers in the City through
cleanup costs, code enforcement needs and law
enforcement activities. The Mayor and Common Council
further find and declare that it is appropriate that
those who make the means of such graffiti available to
the public should bear at least a portion of these
costs.
B.
For those businesses in the City that sell aerosol
containers of paint capable of defacing property or
that sell markers with a tip of 1 inch or more in
width, the business registration certificate fee
otherwise imposed pursuant to this Chapter shall be
increased by $200.00 (TWO HUNDRED DOLLARS).
DAB/ses/Markers.ord
1
April 28. 1992
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
5.04.623 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS
REGISTRATION CERTIFICATES FOR BUSINESSES SELLING SPRAY PAINT AND
WIDE-TIP MARKERS.
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
, 1992, by the following vote, to wit:
day of
Council Members:
NAYS
ABSENT
ABSTAIN
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
of , 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/ses/Markers.ord
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April 28. 1992