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HomeMy WebLinkAbout36- City Attorney CITY OF SAN BERN " RDINO REQUEST F )R COUNCIL ACTION From: Subject: James F. Penman An ordinance of the City of San Bernardino adding Dept: Chapter 8.68 to the San Bernardino Municipal Code City Attorney requiring retailers to keep certain aerosol containers Date: February 18, 1993 and certain marker pens inaccessible to the public Synopsis of Previous Council action: 2/15/93 - Directed City Attorney to bring back ordinance Recommended motion: Waive further reading and lay over for final adoption Signature Dennis A. Barlow 5255 Contact person: Phone: Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. 36 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8. 68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO 3 KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS : 6 SECTION 1 . Chapter 8. 68 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "8. 68.010 Inaccessibility to Public 9 "Every person who owns, conducts, 10 operates or manages a retail 11 commercial establishment selling 12 aerosol containers, or marker 13 pens with tips exceeding four 14 millimeters in width, containing 15 anything other than a solution 16 which can be removed with water 17 after it dries, shall store or 18 cause such aerosol containers or 19 marker pens to be stored in an 20 area viewable by, but not 21 accessible to the public in the 22 regular course of business 23 without employee assistance, 24 pending legal sale or disposition 25 of such marker pens or aerosol 26 containers. 27 28 DAB:km[AEROSOL.ORD] —1— February 17, 1993 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.68 TO THE SAN BERNARDINO MUNICIPAL CODE REQUIRING RETAILERS TO 2 KEEP CERTAIN AEROSOL CONTAINERS AND CERTAIN MARKER PENS INACCESSIBLE TO THE PUBLIC 3 "8 . 68.020 Violation 4 Any violation of Section 8 . 68 .010 5 is a misdemeanor. " 6 7 I HEREBY CERTIFY that the foregoing ordinance was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof, held on the 10 day of 1993, by the following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 REILLY 14 HERNANDEZ 15 MAUDSLEY 16 MINOR 17 POPE-LUDLAM 18 MILLER 19 City Clerk 20 The foregoing ordinance is hereby approved this day 21 of 1993 . 22 23 W. R. Holcomb, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City Attorney 27 28 BY: ,'DAB, m[AEROSOL.ORD] —2— February 17, 1993