HomeMy WebLinkAboutOrd 2002-2865
ORDINANCE NO. 2865
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE
TO INCLUDE LANGUAGE REIATING TO REGUIATION OF
THE USE, POSSESSION AND SALE OF GLASS ETClßNG
PRODUCTS
WHEREAS, glass etching products, sold in craft and home improvement stores, have
legitimate uses including decorative arts; and
WHEREAS, in addition to their legitimate uses, glass etching products are being used for
illegal purposes, including for the purpose of permanently defacing glass and plastic surfaces on
public and private property within the City of Chula Vista; and
WHEREAS, such glass etching products are also known to be dangerous if handled
improperly; and
WHEREAS, the use of glass etching products for illegal purposes is dangerous and
damaging to public and private property, and contributes to appearances of blight in the
commercial areas of the City; and
WHEREAS, unrestricted retail access to graffiti materials, including glass etching
products, contributes to the incidence of graffiti in the City; and
WHEREAS, reasonable limitations on the possession, use and sale of glass etching
products will not unreasonably restrict legitimate businesses or customers from selling or
purchasing the product in a lawful manner; and
WHEREAS, to remain consistent when describing tools used to cause graffiti damage
such terminology will be known as graffiti implements.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 9.20.020 and Section 9.20.050 of Chapter 9.20 of the Chula Vista
Municipal Code are hereby amended to read as follows:
9.20.020 Definitions.
A. As used in this section, "graffiti" includes any inscription, word, figure, or design that
is marked, etched, scratched, drawn, painted, pasted or otherwise affIXed to or on any
surface, regardless of the nature of the material of that structural component, to the extent
that same was not authorized in advance by the owner thereof, or, despite advance
authorization, is otherwise deemed by the council to be a public nuisance.
B. "Aerosol paint container" means any aerosol container, regardless of the material
from which it is made, which is adapted or made for the purpose of spraying paint or
other substances capable of defacing property.
Ordinance 2865
Page 2
C . "Felt tip marker" means any indelible marker or similar implement with a tip which, -
at its broadest width, is greater than one-eight inch, containing an ink that is not water-
soluble.
D. "Glass etching products" means any product which can be used to permanently alter a
glass surface, including but not lirnited to such products that contain hydrofluoric acid
ammonium bifluoride and sulfuric acid, or sodium bifluoride.
E. "Graffiti implement" means an aerosol paint container, a felt tip marker, a graffiti
stick, or glass etching products.
F. "Graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or
other similar substance capable of being applied to a surface by pressure, and upon
application, leaving a mark at least one-eight of an inch in width, visible from a distance
of 20 feet, and not water soluble.
9.20.050 Accessibility to Graffiti Implements.
A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a
parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to
permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker, graffiti
stick, or graffiti implement to any person under the age of 18 years without the consent of
the parent or other lawfully designated custodian of the person, which custodial consent
shall be given in advance in writing,
Section II: This ordinance shall take effect and be in full force on the thirtieth day from and after -
its second reading and adoption.
Presented by Approved as to form by
Richard Emerson John M. Kaheny
Police Chief City Attorney
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I
Ordinance 2865
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Rindone and Horton
ATTEST:
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Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2865 had its first reading at a regular meeting held on the 13th day of August,
2002 and its second reading and adoption at a regular meeting of said City Council held on the
20th day of August, 2002.
Executed this 20th day of August, 2002. ~~~ð~
Susan Bigelow, City Cler