HomeMy WebLinkAboutOrd 1980-1924 ORDINANCE N0. 1924
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING A NEi4 CHAPTER 9.40
TO TITLE IX OF THE CFIULA VISTA DIUNICIPAL CODE ENTITLED "OFFENSES
AGAINST PROPERTY" ALL RELATING TO THE PROHIBITION OF DEFACEhtENT
OF PUBLIC AND PRIVATE PROPERTY
By a unanimous vote of the City Council on October 7, 1980, the
ordinance was placed on second reading and adopted. It specifically
relates to the defacing of private or public property generaliy
through the use o£ spray cans for producing graffiti. The ordinance
specifically imposes a financial responsibility on parents to repair
damage caused by minors in defacing property, and in conformity with
other provisions of the Municipal Code, it punishes such conduct
as an infraction, rather than a misde�tmeanor.
Copies of the ordinance are available at the office of the City Clerk,
City Hall, 276 Fourth Avenue, Chula Vista.
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City Clerk
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• ' Revised 9/8/$J� `
ORDINANCE NO. 1924
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING A
NEW CHAPTER 9.19 TO TITLE IX OF THE CHULA VISTA '
MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PROPERTY"
ALL RELATING TO THE PROHIBITION OF DEFACEMENT OF
PUBLIC AND PRIVATE PROPERTY
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I : That Title IX of the Chula Vista Municipal
Code be, and the same is hereby amended by adding thereto a new
Chapter 9.19 to read as follaas:
IX. OFFENSES AGAINST PROPERTY.
Chapter 9.19 Prohibition of Defacement of
Public and Private Property and
Sale to Minors of Devices Used
for such Purposes.
Sec. 9. 1° . 010 Purpose and Intent.
It is the purpose and intent of the City Council of
the City of Chula Vista, through the adoption of this
ordinance, to provide additional enforcement tools to
protect public and private property from acts of van-
dalism and defacement especially, but not limited to,
graffiti on privately and publicly owned walls, which
are inimical and destructive of the rights and values of
private property owners as well as the total community.
It is further the intent of the City Council, through
the adoption of this notice upon all of those who cal-
lously disregard the property rights of others, that the
law enforcement agencies of the City of Chula Vista,
both the Police Department and the prosecutor 's office,
will strictly enforce the law and severely prosecute
those persons engaging in the defacement of public and
private properties.
Sec. 9.19 , 020 Definitions.
"Deface" as used in this chapter shall mean the
intentional altering by physical, mechanical or chemical
means of the physical shape, dimension, contour or
appearance of property.
Sec. 9. 19 . 030 Prohibition of Defacement.
It shall be unlawful for any person to intention-
ally deface, alter, change, destrv� , mutilate, remove,
take down or take away any public property or any
private property without the consent of the owner of
such property or the public agency charged with the
trusteeship of property. A mistake as to the private
property owner's identity or the lack of knowledge that
', such property is held by a public agency shall not be a
defense to a violation of this section.
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Sec. 9. 19, 040 Prohibition of Sale, Possession and
Display of Spray Paint Cans.
In order to specifically inhibit the availability of
the mechanical and chemical device most frequently used
to effect the defacement prohibited herein, i. e. , the
aerosol spray paint can, it shall be unlawful:
A. for any person to sell, exchange, give or loan,
or cause or permit to be sold, exchanged, given
or loaned, any aerosol spray can containing any
substance commonly known as paint, to any minior
under the age of eighteen (18) years, unless that
person provides for the supervision of the minor's
' use of such aerosol spray can so as to assure that
the minor does not violate any section of this
chapter;
B. subject to the provisions of subsection A above,
for any person under the age of eighteen (18) years
to have in his or her possession any aerosol spray
can containing any substance commonly known as paint
while upon public property or upon private property
without the consent of the owner of such private
property, whether such minor is or is not in or on
an automobile or other form of conveyance.
Sec. 9.19 . 050 Penalties for Violation of Chapter.
Any and all violations of this chapter shall be
punishable as an infraction. In addition to said
penalty provided for the violation of a section of this
chapter, a violator shall be required to pay for the
costs for repairing any damages to property caused by
that violator's unlawful conduct. It is further
understood that financial parental responsibility for
any acts of vandalism shall be strictly enforced.
SECTION II : This ordinance shall take effect and be in
full force and effect on the thirty-first day from and after its
adoption.
Presented and Approved as to form by .
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George D. Lindberg, City Attorney
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA� CALIFORNIA� HELD September 30 , 19 80 , AND '
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD October 7 �
I9 $� , BY THE FOLLOWING VOTE, TO-WIT:
AYES� Councilmen ; McCandliss, scott, Hyde, cox
NAYES� Councilmen ; None ' •
ABSTAIN: Camcilmen ; None
- ABSENT: Councilmen : cillow
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Mayor of tha City of Chula Vista
ATTE
City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, GTY CLERK of .the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correcf copy of
ORDINANCE N0, 1924 ,and that the same has not been amendedor repealed.
DATED
�Sea�� City Clerk
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