STAFF REPORT
Meeting Date: September 12, 2023
To: Honorable Mayor and City Council
From: Chief Mark G. Stainbrook
Chad Lynn, Interim Deputy Director of Special Projects – Public Safety
Subject: Recommendation by the Beverly Hills Police Department for the City Council to Consider Implementing Restrictions Related to the Misuse of Aerosol String, Shaving Cream, and Hair Removal Product on Halloween
Attachments: 1. Draft Ordinance
INTRODUCTION
The Beverly Hills Police Department (BHPD) is recommending implementing the restriction of aerosol string, hair removal products and shaving cream to ensure a safe and enjoyable experience for residents, parents, and children celebrating Halloween in our community.
In October of 2020, the city adopted an urgency ordinance outlining regulations for Halloween 2020. While the primary purpose of the ordinance was focused on COVID mitigations, the ordinance contained a restriction, “Prohibiting the spraying of shaving cream on another person except by a licensed barber,” addressing the long-time safety concern of shaving cream misuse during Halloween.
As Halloween activities and attendance have returned to more historic attendance levels in 2021 and 2022, the City has seen an increase in the misuse of shaving cream, and the addition of aerosol string (commonly referred to by the brand name Silly Sting) and hair removal products (commonly referred to by the brand name Nair.) This escalation has led to increased vandalism to property, personal injury to those engaged in the use of these products, and threats to the safety of non-participant by-standers.
The proposed ordinance addresses these long-term community concerns by recognizing the broader list of products that are being misused and restricting the possession of such products by those under 21 years old and outside the home on an annual basis during Halloween.
Meeting Date: September 12, 2023
DISCUSSION
Although the use of the products outlined in the proposed ordinance are generally not considered dangerous or harmful when used properly and for their intended purpose, misuse of these products may cause harm or injury to individuals, property and/or the environment. The Safety Data Sheets (SDS), required to be published by the manufacturer(s), includes the recommendations for use of protective gloves/clothing, proper ventilation, and goggles if sensitive to the products. Guidelines also recommend flushing areas subject to ‘spills’ with water, which may include property targeted by misuse and or ancillary to the misuse between people. This may include an excessive and unnecessary use of potable water and impacts to stormwater runoff related to hosing down people and property.
The draft ordinance proposes the following:
Shall apply only to persons under the age of 21
Shall only be in force for a 24-hour period, from 6:00am on October 31st to 6:00am on November 1st on an annual basis
Shall restrict the possession of aerosol string, hair removal product, and shaving cream:
o Within or upon any street, including any greenbelt median island, alley, sidewalk or other public property, including a parking lot o Within or upon any private parking lot, walk, wall, stairway, driveway, or other property open and accessible to the public without the permission of the owner, occupant or person in control of the property This shall NOT apply to:
o Anyone over the age of 21
o Anyone transporting a single container of aerosol string, hair removal product or shaving cream, directly to their residence from a legitimate business selling such products
o Any time of the year, other than the 24-hour period surrounding Halloween Staff is planning outreach and education, in cooperation with the Beverly Hills Unified School District, to inform students and parents of the rules and prohibitions related to these products. This will include messaging and direct engagement with the School Resources Officer(s). The goal of messaging is to both inform the public before the events of Halloween and to reduce incidents and confrontations during Halloween.
Enforcement will be part of the standard Halloween event deployment. This prohibition provides assigned and responding officers with an additional tool to mitigate safety and vandalism concerns associated with the misuse of these products, before they escalate into more serious threats and crimes, including bodily injury. Violations may be issued pursuant to Beverly Hills Municipal Code 1-3-101 as misdemeanors, infractions, or as a civil administrative action and will be determined based on the specific conditions and the totality of the circumstances surrounding the violation.
During Halloween, in focused areas where historic concerns have been raised, signage will inform the public of the regulations and offer an opportunity to voluntarily surrender any products. Staff is working with Human Services and Public Works to redistribute or properly dispose of any surrendered products.
The implementation process for this ordinance requires introduction at the formal meeting of September 12, 2023, and adoption at the formal meeting of September 19, 2023. This Meeting Date: September 12, 2023
allows the ordinance to go into effect on October 20, 2023, the 31st day after adoption, for implementation and enforcement on October 31, 2023, and each Halloween thereafter.
If the City Council chooses to delay the date of introduction or adoption of this ordinance, there will not be sufficient time for the 31 days necessary for the ordinance to take effect.
The ordinance will not be enforceable for Halloween 2023 unless a subsequent Urgency Ordinance is considered.
FISCAL IMPACT
There is no significant fiscal impact anticipated. Outreach will be addressed as part of the Beverly Hills Police Department’s regular operations and any costs covered as part of the Police Department’s operating budget. Enforcement will be addressed as part of the planned enhanced operations surrounding Halloween deployment.
RECOMMENDATION
Staff requests the City Council approve the Beverly Hills Police Department’s recommendation to implement these restrictions through the adoption of An Ordinance Of The City Of Beverly Hills Adding Section 5-6-1311 To Title 5, Chapter 6, Article 13 Of The Beverly Hills Municipal Code Prohibiting The Possession Of Aerosol String, Shaving Cream, And Hair Removal Product On Certain Public Property Or Property Open To The Public By Persons Under The Age Of Twenty One On Halloween, scheduled for introduction at the Formal Meeting on September 12, 2023 and adoption at the Formal Meeting on September 19, 2023.
Mark G. Stainbrook, Chief of Police
Approved By
Attachment 1
B0785-0001\2845959v7.doc
ORDINANCE NO. 23-O-________
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
ADDING SECTION 5-6-1311 TO TITLE 5, CHAPTER 6,
ARTICLE 13 OF THE BEVERLY HILLS MUNICIPAL CODE
PROHIBITING THE POSSESSION OF AEROSOL STRING,
SHAVING CREAM, AND HAIR REMOVAL PRODUCT ON
CERTAIN PUBLIC PROPERTY OR PROPERTY OPEN TO THE
PUBLIC BY PERSONS UNDER THE AGE OF TWENTY ONE
ON HALLOWEEN
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Whereas, the City of Beverly Hills recognizes the importance of promoting public safety, protecting the environment, and preserving the integrity of public and private property during the Halloween season;
Whereas, shaving cream and hair removal product are commonly used for various legitimate and intended purposes, such as personal grooming and aerosol string may be used for festive celebrations;
Whereas, the use of shaving cream, hair removal product and aerosol string during Halloween, other than for legitimate purposes, often leads to acts of vandalism, property damage, conflicts and confrontations, potential safety hazards and injury; Whereas, product information for shaving cream, hair removal product and aerosol string indicate that those products contain various chemicals that may cause injury or irritation and may be harmful to the environment if not used appropriately, for their intended purpose and disposed of properly;
-2-
B0785-0001\2845959v7.doc
Whereas, the excessive use of shaving cream, hair removal product and silly string during Halloween can contribute to unnecessary waste of water, as these products often require water for clean-up or removal, thereby hindering water conservation efforts; Whereas, water runoff from removing the excessive use of shaving cream, hair removal product and silly string during Halloween can contribute to polluting the waters of United States, thereby violating the U.S. EPA Clean Water Act; and
Whereas, the City of Beverly Hills recognizes the importance of responsible and respectful celebration of Halloween, where individuals can enjoy the holiday without fear of harm, causing harm to others, damaging property, or negatively impacting the environment.
Section 2. The City Council hereby adds Section 1311 to Article 13, of Chapter 6 of Title 5 of the Beverly Hills Municipal Code to read as follows:
“5-6-1311. POSSESSION AND USE OF SHAVING CREAM AND OTHER
PROHIBITED PRODUCTS ON HALLOWEEN
A. For purposes of this section:
1. “Aerosol String,” commonly referred to as "Silly String," “Crazy Streamer,” “Crazy String,” or “Party String,” shall mean any putty-like substance that is shot or expelled in the form of string from an aerosol can or other pressurized device, regardless of whether it is sold under the name "Silly String" or any other name.
2. “Shaving Cream” shall mean the cream or foam that is commonly spread over the face or other parts of the body, for the purpose of, or preparation for, shaving. -3-
B0785-0001\2845959v7.doc
3. “Hair Removal Product,” shall mean the cream, lotion, or gel that is commonly spread over the surface of the skin for the purpose of hair removal, regardless of whether it is sold under the name “Nair” or any other name.
4. “Halloween” shall mean the twenty-four (24) hour period from 6:00am on October 31st of each year, through 6:00am November 1st of each year.
B. On Halloween, no person under the age of twenty one (21) shall possess or use Aerosol String, Shaving Cream or Hair Removal Product, within or upon any street, including any greenbelt, median island, alley, parkway, sidewalk, or other public property, including a public parking lot. Additionally, on Halloween, no person under the age of twenty one (21) shall possess or use Aerosol String, Shaving Cream or Hair Removal Cream, within or upon any private parking lot, walk, wall, stairway, driveway or other property open and accessible to the public without the permission of the owner, occupant or person in control of such private property.
C. This provision shall not apply to persons transporting a single container of Aerosol String, Shaving Cream or Hair Removal Product directly to their residence from a business licensed under Classification B or Classification C as defined in Municipal Code Section 3-1-219.”
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. -4-
B0785-0001\2845959v7.doc
Section 4. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Adopted:
Effective:
______________________
JULIAN A. GOLD, M.D.
Mayor
City of Beverly Hills, California
ATTEST:
_______________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER
City Attorney
NANCY HUNT-COFFEY
City Manager