Loading...
HomeMy WebLinkAboutORD NO 3524AN EMERGENCYORDINANCEAMENDING SECTIONS 9.36.040(A), 9.36.050(A)(B)(C) AND 9.36.050(A) OF THE BAKERSFIELD MUNICIPAL CODE. WHEREAS, Emergency Ordinance No. 3517 was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof, held April 14, 1993, and contains language regulating the sale, possession and display of wide-tipped marker pens with the tips exceeding four (4) mill/meters in width; and WHEREAS, it has been determined to be overly burdensome for the City of Bakersfield to regulate the sale, possession and display of wide-tipped marker pens with the tips equal to or less than six (6) millimeters in width; and WHEREAS, amendment of Emergency Ordinance No. 3517 to regulate wide-tipped marker pens with the tips exceeding six (6) millimeters in width is necessary so as to provide for the efficient daily operation and administration of the ordinance by regulatory departments of the City of Bakersfield; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 The above recitations constitute the findings of the City Council in this matter. SECTION 2 Sections 9.36.040(A), 9.36.050(A)(B){C) and 9.36.060(A) of the Bakersfield Municipal Code are hereby amended to read as follows: 9.36.040 Display of aerosol spray paint containers and marker pens. A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or marker pens with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored, if viewable by the public, in a manner not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. ORIGINAL 9.36.050 Sale of wide-tipped marker pens to minors. A. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any marker pen with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult. B. It shall be unlawful for any person under the age of eighteen (18) years to purchase a marker pen(s) with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry. C. Every retailer selling or offering for sale marker pens with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least 3/8 of an inch high stating: "ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR OTHER PERM/LNENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT." 9.36.060 Possession of aerosol paint container or wide-tipped marker pen. A. It is unlawful for any person under the age of eighteen (18) years, who is on private property, without the consent of the owner, tenant or operator thereon, or who is in a public place, to possess a marker pen with the tip exceeding six (6) millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, a "public place" includes, but is not limited to, all public buildings and facilities, public highway, street, alley or way, regardless of whether that person is or is not in any automobile, vehicle or other conveyance. This subdivision shall not apply to the possession of a marker pen with the tip exceeding six (6) millimeters in width, by a minor under the supervision of a responsible adult. SECTION 3 This emergency ordinance is necessary for the daily operations of City Departments in enforcing the provisions of chapter 9.36, and shall become effective immediately upon its passage. .......... o0o .......... 2 ORIGINAL I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of.~De City of Bakersfield at a regular meeting thereof held on a~ 2 8 ~3 , by the following vote: AYES: NOES: COUNCiLMEMBERESDWARDS' ~MOND. SM[~. BRai, KANE, McDE~ ~LV~ A~ENT ~UNQLMEMBERS: A~TAIN C~NCIL~M~, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 8 ~ MAYOR of the City of Bakersfield APPROVED as to form: LA~/C~~E M. LUNA~DIN~ ~ cITY ATTORNEY of the City of Bakersfield 4/23/93 ORIG'~]AL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 3rd day of May, 1993 she posted on the Bulletin Board at City ~all, a full, true and correct copy of the following: Ordinance No. 3524 passed by the Bakersfield City Council at a meeting held on the 28th day of April, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield