HomeMy WebLinkAboutNS-2189 - Adding Section 10-178 to the Santa Ana Municipal Code to Require Restricted Public Access to Aerosol Containers...063
ORDINANCE NO. NS-2189
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 10-178 TO THE SANTA ANA
MUNICIPAL CODE TO REQUIRE RESTRICTED
PUBLIC ACCESS TO AEROSOL CONTAINERS AND
LARGE MARKER PENS OFFERED FOR SALE IN
RETAIL STORES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 10-178, which said
section reads as follows:
Sec. 10-178. Public access to aerosol containers and large
marker pens offered for sale in retail steres.
Every person who owns, conducts, operates or manages a retail
commercial establishment selling aerosol containers, or marker pens
with tips exceeding four millimeters in width, containing anything
other than a solution which can be removed with water after it
dries, shall store or cause such aerosol containers or marker pens
to be stored in an area viewable by, but 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.
SECTION 2: In adopting this ordinance, the city Council of
the city of Santa Aha finds and determines as follows:
1. Provisions of state law provide punishment for vandalism
in the form of malicious defacing of property with paint, and
prohibit the sale to or purchase by minors of aerosol spray paint
containers capable of defacing property.
2. Notwithstanding such prohibitions, graffiti caused by
aerosol spray paint continues to proliferate in the city of Santa
Ana due to substantial part to theft of aerosol spray paint
containers.
3. Graffiti can be created not only by aerosol spray paint,
but also by large tipped marker pens.
4. Supplemental local deterrents to the availability for use
of aerosol containers of paint and marker pens are needed to
further inhibit their use for graffiti purposes.
SECTION 3: If any section, subsection, sentence, clause,
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Ns-2189 10'65
Page 2
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court, of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The city Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 4: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 5th day of April , 1993.
ATTEST:
~anlce C. Guy ( /
Clerk of the Council
Da~¥~l }~. Young~
Mayor /
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton Aye
Richardson Aye
APPROVED AS TO FORM:
City Attorney
066
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Rc~luticn ~5 - ~/~ to be the original-~~e~
adopted by the City Council of the city of Santa Ana on
//~ ~ , 17 7 0 ~ oZ.~.WL ..c~-..--~ ~ , ,-x , , ~ ~-~ jf~4~
u Clerk of the Coun&il, Date
city of Santa Ana