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.
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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