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HomeMy WebLinkAbout37-City Attorney - CITY OF SAN BERCRDINO - REQUEST::::>>R COUNCIL ACTION From: Richard J. M:>rillo Subject: ORDINJ\NCE ADDING SECl'IQ.~ 5.04.623 TO THE MUUCIPAL ODE RE:LATING TO IUSINESS REGISl'RATICN Uilil'u'ICATES FOR BUSINESSES SELLING SPRAY PAINT AND WIIE-TIP MARKER') Dept: City Attorney August 20, 1992 Date: Synopsis of Previous Council action: Ncm: Recommended motion: ADCPl' ORDINA~CE P~~tu , Contact person: Dennis A. Barlow Phone: 5355 Supporting data attached: Proposed Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: Source: (Acct. No,) (Acct. Description! Finance: Council Notes: 75-0262 Agenda Item No l'3 7 CITY OF SAN BER.QRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT The attached ordinance would impose an additional business registration certificate fee on businesses selling spray paint or wide-tip markers in the City. "Wide-tip markers" are defined as those having a tip one inch or more in width. The amount of the fee would be set by resolution of the Mayor and Common Council. The proposed ordinance contains findings that the existence of graffiti in the City defaces public and private property, discourages normal maintenance and upkeep of property and attracts and encourages illicit drug sales and gang activity. It further recites the significant cost to the City of eradicating graffiti and determines that it is proper for businesses which make the means of such graffiti available to the public to bear a portion of this cost. 75-0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c -'"'"" ,) 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 Ci ty of San Bernardino do hereby find and determine that the existence of graffiti in the City defaces both publiC and private property, discourages the normal maintenance and upkeep of property, attracts and encourages illicit drug sales, gang activity and resultant criminal actions, 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 an amount established by resolution of the RJM:ma [markers. ord) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o - ",) 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. Mayor and Common Council. 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 , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: RJM:ms(markers.ord] 2