I&6IIII
AGENDA REPORT
Meeting Date: September 19, 2023
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: 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 THEPOSSESSION OF AEROSOL STRING, SHAVING CREAM, AND HAIRREMOVAL PRODUCT ON CERTAIN PUBLIC PROPERTY ORPROPERTY OPEN TO THE PUBLIC BY PERSONS UNDER THE AGE
OF TWENTY ONE ON HALLOWEEN
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADDINGSECTION 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.”
INTRODUCTION
At its meeting of September 12, 2023, the City Council conducted a first reading of this ordinance and introduced it. At that meeting, the City Council made a change to theordinance to include the word “gel” as part of the definition of shaving cream. Thischange has now been incorporated into the ordinance being presented to the CityCouncil for adoption.
DISCUSSION
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 B0785-0001\28631 19v2.doc
9 Meeting Date: September 19, 2023
cream, and the addition of aerosol string (commonly referred to by the brand nameSilly 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 thoseengaged in the use of these products, and threats to the safety of non-participant bystanders. This ordinance addresses these long-term community concerns by recognizing the list of products that are being misused and restricting the possession of such products during Halloween.
The ordinance prohibits possession of these products on certain public property or property open to the public by persons under the age of 21 only, during the hours of 6:00 am. on October 31st through 6:00 a.m. on November 1st, on an annual basis.
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 will be covered by the Police Department’s operating budget. Enforcement will be addressedas part of the planned enhanced operations surrounding Halloween deployment.
Laurence S. Wiener
City Attorney
Approved By
B0785-000l\28631 19v2.doc
Attachment
1 ORDINANCE NO. 23-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLSADDING SECTION 5-6-1311 TO TITLE 5, CHAPTER 6,ARTICLE 13 OF THE BEVERLY HILLS MUNICIPAL CODEPROHIBITING THE POSSESSION OF AEROSOL STRING,
SHAVING CREAM, AND HAIR REMOVAL PRODUCT ON
CERTAIN PUBLIC PROPERTY OR PROPERTY OPEN TO THEPUBLIC BY PERSONS UNDER THE AGE OF TWENTY ONEON HALLOWEEN
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
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 forfestive 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 irritationand may be harmful to the environment if not used appropriately, for their intended purpose anddisposed of properly;B0785-000 I \2845959v8.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 requirewater 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 ofharm, causing harm to others, damaging property, or negatively impacting the environment.
Section 1. 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, gel or foam that is commonly spread over the face or other parts of the body, for the purpose of, or preparation for, shaving. -2-
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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 3-1-2 19.”
Section 2. 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. -3-
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Section 3. 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 ofthe 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 4. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) 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 NANCY HUNT-COFFEYCity Attorney City Manager -4-
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