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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police
Dept: Police Department ~ (Q) ~ ~
Date: August 31, 2000
Subject: An Ordinance of the City of
San Bernardino Amending Section 8.69.090 of
the Bemardino Municipal Code Relating to
Possession of Instruments of Graffiti by
Juveniles Prohibited.
Synopsis of Previous Council Action
April 6, 1993
Ordinance 8.68.010 adopted by the Mayor and Common Council.
August 28, 2000
Legislative Review Committee reviewed the proposed ordinance and
recommended adoption..
Recommended Motion:
That said ordinance be laid over for final adoption.
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Contact person:
Wes Farmer, Lieutenant
Phone: 384.5717
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS:
Amount: $ NONE
Source:
Council Notes:
Finance
Agenda Item No. ~,S
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C.ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
C SUBJECT
STAFF REPORT
An Ordinance of the City of San Bemardino amending Section 8.69.090 of the San Bernardino Municipal
Code relating to possession of instruments of graffiti by juveniles prohibited.
FINDINGS
The Graffiti Task Force has noted a substantial increase in the use of acrylic and oil paints and etclting tools
by subjects involved in graffiti vandalism. Approximately 80% of the City's graffiti vandalism can be
attributed to juveniles who belong to the "tagger" culture. Since the regulation of spray paint, juvenile vandals
have begun using the types of paints commonly found at art and craft-type stores and not restricted for sale
to juveniles. The Graffiti Task Force has found that vandals are now using these types of paints and glass
etclting tools to damage windows, sidewalks, benches, buildings, signs, and bus interiors.
When this ordinance was originally enacted in 1993, these items were not a problem but the increased use of
these items requires this ordinance to be amended to reflect this change in marking methods by graffiti
vandals. This revision would allow stricter enforcement and should reduce the incidents of graffiti vandalism
associated with paint and tools possessed by juveniles in any area open to the public.
FINANCIAL IMPACT
C None
RECOMMENDATION
That said ordinance be laid over for final adoption.
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ORDINANCE NO.
2 AN ORDL"lANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.69.090 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POSSESSION
3 OF INSTRUMENTS OF GRAFFITI BY JUVENILES PROHIBITED.
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THE l\-1A YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION I. Section 8.69.090 of the San Bernardino Municipal Code is hereby amended
7 to read as follows:
8 Section 8.69.090 Possession oflnstruments of Graffiti by Juveniles Prohibited,
9 . It is unlawful for any minor to have in his or her possession the below described instruments
of graffiti while on any public highway, street, alleyway, park, playground, swimming pool, public
10 buildings or any area open to the public, whether such juvenile is or is not in any automobile, vehicle,
or other conveyance. The provisions of this section shall not apply to any person under the age of
II 18 years who is accompanied by a parent or guardian, or under the supervision of an adult teacher,
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Any spray can containing anything other than a solution which can be removed by
water after it dries, These include paint, undercoating, spray insulation. and others
having the same effect
Any spray can tips, other than those affixed to a spray can not meeting the description
of 8,60,090 subsection I.
I.
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Any marker pens containing anything other 1han a solution which can be removed
with water after it dries.
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Any container containing anything other than solution that can be removed with water
after it dries and which can be used to apply that solution. This includes acrylic paint
tubes, oil paint tubes, shoe dyes, and bottles and cans of such solutions.
Objects capable of etching glass or ceramic surfaces, including, without limitation,
bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and
any solution capable of etching these surfaces when applied including acids and
etching baths.
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AN ORDL'l/ANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.69.090 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POSSESSION
2 OF INSTRUMENTS OF GRAFFITI BY JUVENILES PROHIBITED.
,
.)
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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_ day of
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COUNCIL MEMBERS:
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ESTRADA
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LIEN
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MCGINNIS
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SCHNETZ
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SUAREZ
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ANDERSON
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MC CAMMACK
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IS
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Common Council of the City of San Bernardino at a
, 2000, by the following vote, to wit:
meeting thereof, held on the _
AYES
NAYS
ABSTAIN ABSENT
City Clerk
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Approved as to form
24 and legal content:
25 JAMES F, PENMAN
City Attorney
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RLS,js IGR....FFITIORDj 2
The foregoing Ordinance is hereby approved this _ day of
,2000.
JUDITH VALLES, Mayor
City of San Bernardino