Selective enforcement of San Marino City Ordinances by City Manager

The City Manager enforces San Marino ordinances based on who owns the property.  San Marino has a code regarding use of school tennis courts but the City Manager says he needs permission to enforce.  This is not in the definition of his duties, i.e. to get permission of a property owner to enforce a code violation. 


The City also requires business license for anyone conducting business in the City and the City Manager again refuses to enforce.  I guess I can put a food truck on the San Marino High School parking lot and sell food without a San Marino Business License


Chapter 11 specifically states it is enacted for the purpose of providing revenue for the city.  First of all, conducting tennis lessons on school tennis courts is prohibited.  If it is to be allowed by a new ordinance, at least the City Manager should enforce the license certificate as stated in Chapter 11.






11.02.01: PURPOSE:

This chapter is enacted for the purpose of providing revenue for the city. It is also enacted for the purpose of regulating certain of the businesses specified therein; provided, however, that only the revenue and none of the regulatory or criminal provisions of this chapter shall apply to any business exclusively regulated by the state or other governmental agency. (Ord. 948, 11-16-1988)

http://sterlingcodifiers.com/codebook/index.php?book_id=825&chapter_id=57614#s539062

11.02.02: REQUIREMENT FOR LICENSE:

A. It shall be unlawful for any person, other than an employee of a person required to procure a license certificate from the city, to engage in business in the city without having first procured a license certificate from the city.

B. It shall be unlawful for any person required to obtain a license certificate from the city to retain the services of an independent contractor unless the independent contractor shall have first procured a license certificate from the city.

C. It shall be unlawful for any property owner or occupant to retain the services of an independent contractor to assist in constructing in the city a project requiring a building, electrical, plumbing or mechanical permit unless the independent contractor shall have first procured a license certificate from the city. (Ord. 097-1111, 8-13-1997)

14.06.07: TENNIS COURTS LOCATED ON PUBLIC SCHOOL PROPERTY; PROHIBITED ACTIVITIES:

No person may undertake any of the following activities on a tennis court located on property owned by the San Marino Unified School District:

A. Bring onto the court a bicycle, skateboard, roller skates, or rollerblades;

B. Bring onto or allow to remain on the court any dog, cat or other animal;

C. Provide tennis instruction other than as part of a program sponsored by the San Marino Unified School District or San Marino recreation department;

D. Bring onto the court a stick or other object capable of marring, gouging or damaging the court, including, but not limited to, a hockey stick, bat or sharp object;

E. Remove or tamper with a tennis court net; or

F. Violate any regulation approved by the San Marino city council, San Marino Unified School District and San Marino recreation department and set forth on a sign posted at the entrance to the tennis court. (Ord. 095-1076, 8-9-1995)