HomeMy WebLinkAbout1991/04/23 Item 8
COUNCIL AGENDA STATEMENT
Item ~
ITEM TITLE
ORdI~Q.W\CC. :t'ls'l
Adding Section 9.20.045 to the Chula Vista Municipal
prohibiting the sale and possession of felt tip markers.
MeetingDate 4/23/91
Code
SUBMITTED BY
City Attorney ~
REVIEWED BY
City Manager!
(4/5ths Vote: Yes_No_XJ
The proposed ordinance is in response to a Council request of April 16, 1991. Staff has
addressed the referral by proposing the attached ordinance which makes it a unlawful to sell or
furnish felt tip markers to minors, places strict limitations upon the possession of such markers
by minors and more accurately defines spray paint containers.
RECOMMENDATION: That Council approve the ordinance as proposed.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Graffiti generally falls into one of two types: gang related or "artistic." Gang related is for the
purposes of posting turf boundaries and communicating threats amongst gang members. The
"artists" simply desire to place their "mark" in highly visible, difficult access places. Both
forms seem to be on the rise in Chula Vista and county-wide. Indelible felt tip markers are the
instruments of choice for persons engaging in the defacement of glass, and other, surfaces on
public and private property.
The ordinance proposes the following: one, that it be unlawful to sell or furnish indelible felt-tip
markers, or similar implements which, at the tips widest point, are in excess of 1/8th inch
without a parent or other lawfully designated custodian present; and two, that it be unlawful for
a minor to possess such markers. The only exception provided to the possession clause is made
for students, in transit to or from school, where he/she is enrolled in a course which has as a
written requirement to use felt tip markers.
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Page 2
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MeetingDate 4/23/91
Staff has attached, for your review and comment, a draft which would further amend this same
ordinance. The draft amendment mandates the locked display and storage of the subject felt tip
markers and aerosol paint cans, and, provides for civil responsibility on the part of parents or
businesses failing to comply with the ordinance's several provisions. Staff will be meeting with
local business leaders on Thursday, April 25th, to discuss the topic of graffiti in general. These
display, storage and responsibility amendments, presented for information only today, will be
distributed to Chula Vista's business community prior to the meeting of April 25th to elicit
feedback and recommendations for the ordinance's further improvement.
FISCAL IMPACT: None
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ORDINANCE NO. "f'l, ~ -f!rhl fA. JD (, $lk
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9.20 TO
PRIMARILY TO PRECLUDE SALE OR POSSESSION OF
FELT TIP MARKERS BY MINORS, AND TO CHANGE THE
DESIGNATION OF GRAFFITI-TYPE CRIMES FROM
INFRACTIONS TO EITHER INFRACTIONS OR
MISDEMEANORS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9.20.020 "Definitions" of Chapter 9.20
"Property Defacement" is hereby amended to read as follows:
"9.20.020 Definitions.
A. "Deface", as used in this Chapter, means the
intentional altering by physical, mechanical or chemical
means of the physical shape, dimension, contour or
appearance of property. (Ord. 1924, Sec. 1 (part), 1980).
B. "Aerosol paint container" means any aerosol
container, regardless of the material from which it made,
which is adapted or made for the purpose of spraring paint
or other substance capable of defacing property. (Ord.
____, Sec. 1, 1991)
C.
similar
greater
that is
"Felt Tip marker" means any indelible marker or
implement with a tip which, at its broadest point is
than one-eighth (1/8th)2 inch, containing an ink
not water-soluble. (Ord. ____, Sec. 1, 1991)
section 2. section 9.20.040 of Chapter 9.20 of the Chula
Vista Municipal Code is hereby amended to read as follows:
"Sec. 9.20.040 Prohibition of sale, possession, display for
purposes of sale, and storage of aerosol
paint containers.
A. Sale or Furnishing to Minors. It shall be unlawful
for any person, other than a parent or legal guardian, to
sell, exchange, give, loan, or otherwise furnish, or cause
or permit to be sold, exchanged, given, loaned, or otherwise
1. Adapted from R & T Code section 7287.
2. Note that National City's ordinance uses "four millimeters".
graf4.wp
April 21, 1991
Revised Amendment to Grafitti Ordinance
Page 1
i -("
furnished, any aerosol paint container to any person under
the age of eighteen years without the consent of the parent
or other lawfully designated custodian of the person, which
consent shall be given in person.
B. Possession. It shall be unlawful for any person
under the age of eighteen years to have in his or her
possession any aerosol paint container while upon public
property or upon private property without the consent of the
owner of such private property whose consent shall be as to
the person's presence while in the possession with a aerosol
paint container."
section 3. A new section, to be numbered section 9.20.045,
is hereby added to Chapter 9.20 "Property Defacement", which
section shall read as follows:
"9.20.045. Prohibition of sale, possession and display of
felt tip markers.
A. Sale or Furnishing To Minors. It shall be unlawful
for any person, other than a parent or other legal guardian,
to sell, exchange, give, loan, or other furnish, or cause or
permit to be sold, exchanged, given, loaned, or otherwise
furnished, any felt tip marker to any person under the age
of eighteen years without the consent of the parent or other
lawfully designated custodian of the person, which consent
shall be given in person.
B. Possession by Minors. It shall be unlawful for any
person under the age of eighteen years to have in his or her
possession any felt tip marker while upon public property or
upon private property without the consent of the owner of
such private property, except 111 while attending, or
travelling to or from a school at which the person is
enrolled, if the person is participating in a class at said
school which has, as a written requirement of said class,
the need to use felt tip markers: or (21 while workinq at.
or travellinq to or from a iob site at which the nerson is
emnloved. if the nerson is emnloved in a iob which has. as a
requirement of said iob. the need to use felt tin markers.
Section 3. section 9.20.050 "Penalties for violation of
chapter." is hereby amended to read as follows:
"9.20.050. Penalties for violation of chapter.
v
A. criminal Penalties. Any and all violations of this
chapter shall be punishable either as an infraction or a
misdemeanor, at the discretion of the City Attorney. In
addition to said penalty provided for the violation of a
graf4.wp
April 21, 1991
Revised Amendment to Grafitti Ordinance
Page 2
f"'-1-
section of this chapter, a violator shall be required to pay
for the costs for repairing any dama~es 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.
Presented by:
Approved as to form by:
Sid Morris,
Deputy city Manager
Bruce M. Boogaard,
City Attorney
3. This language is similar to Penal Code Section 594 for
grafitti vandalism. Damages for illegal sale or possession are
not expected to be significant.
graf4.wp
April 21, 1991
Revised Amendment to Grafitti Ordinance
Page 3
8'8
x' ,:
Discussion Draft--Wrongful Display and storage
Not for Adoption on April 23rd, 1991
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9.20 TO
PRIMARILY TO PRECLUDE SALE OR POSSESSION OF
FELT TIP MARKERS BY MINORS, AND TO CHANGE THE
DESIGNATION OF GRAFFITI-TYPE CRIMES FROM
INFRACTIONS TO MISDEMEANORS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9.20.020 "Definitions" of Chapter 9.20
"Property Defacement" is hereby amended to read as follows:
"9.20.020 Definitions.
A. "Deface", as used in this Chapter, means the
intentional altering by physical, mechanical or chemical
means of the physical shape, dimension, contour or
appearance of property. (Ord. 1924, Sec. 1 (part), 1980).
B. "Aerosol paint container" means any aerosol
container, regardless of the material from which it made,
which is adapted or made for the purpose of spraring paint
or other substance capable of defacing property. (Ord.
____, Sec. 1, 1991)
C.
similar
greater
that is
"Felt Tip marker" means any indelible marker or
implement with a tip which, at its broadest point is
than one-eighth (1/8th)2 inch, containing an ink
not water-soluble. (Ord. ____, Sec. 1, 1991)
Section 2. Section 9.20.040 of Chapter 9.20 of the Chula
vista Municipal Code is hereby amended to read as follows:
"Sec. 9.20.040 Prohibition of sale, possession, display for
purposes of sale, and storage of aerosol
paint containers .
A. Sale or Furnishing to Minors. It shall be unlawful
for any person, other than a parent or legal guardian, to
sell, exchange, give, loan, or otherwise furnish, or cause
1. Adapted from R & T Code Section 7287.
2. Note that National City's ordinance uses "four millimeters".
graf5.wp
April 22, 1991
Amendment to Graffiti Ordinance
Page 1
<6 ... c;
or permit to be sold, exchanged, given, loaned,or otherwise
furnished, any aerosol paint container to any person under
the age of eighteen years without the consent of the parent
or other lawfully designated custodian of the person, which
consent shall be given in person.
B. Possession. It shall be unlawful for any' person
under the age of eighteen years to have in his or her
possession any aerosol paint container while upon public
property or upon private property without the consent of the
owner of such private property whose consent shall be as to
the person's presence while in the possession with a aerosol
paint container."
C. Displav for the Purposes of Sale. No person. firm
or entity enqaqed in a commercial enterprise ("Seller")
shall display anv aerosol paint container for sale. trade or
exchanqe. nor shall store any aerosol paint container
pendinq displav for sale or pendinq sale. except in a
completelY enclosed cabinet or other storaqe device which
shall be permanentlY affixed to a buildinq or buildinq
structure. and which shall. at all times except durinq
access by authorized representatives. remain securelv
locked. 3
D. Wronqful Storaqe of Aerosol Paint Containers. No
person shall store any aerosol paint container except in
either (1) a completely enclosed room which shall. at all
times except durinq access bv the owner or an authorized
adult representative of the owner. remain securelY locked:
or (2) in a completely enclosed cabinet or other storaqe
device which shall be permanent Iv affixed to a buildinq or
buildinq structure. and which shall. at all times except
durinq access bY the owner or an authorized adult
representative of the owner. remain securelY locked.
Section 3. A new section, to be numbered Section 9.20.045,
is hereby added to Chapter 9.20 "Property Defacement", which
section shall read as follows:
"9.20.045. Prohibition of sale, possession and display of
felt tip markers.
A. Sale or Furnishing To Minors. It shall be unlawful
for any person, other than a parent or other legal guardian,
to sell, exchange, give, loan, or other furnish, or cause or
permit to be sold, exchanged, given, loaned, or otherwise
3. This idea was obtained through Officer Dan Hollian, Chula
vista Police Department.
graf5.wp
April 22, 1991
Amendment to Graffiti Ordinance
Page 2
~-IO
furnished, any felt tip marker to any person under the age
of eighteen years without the consent of the parent or other
lawfully designated custodian of the person, which consent
shall be given in person.
B. Possession by Minors. It shall be unlawful for any
person under the age of eighteen years to have in his or her
possession any felt tip marker while upon public property or
upon private property without the consent of the owner of
such private property, except while attending, or travelling
to or from a school at which the person is enrolled, if the
person is participating in a class at said school which has,
as a written requirement of said class, the need to use felt
tip markers.
C. Displav for the Purposes of Sale. No person. firm
or entitv enqaqed in a commercial enterprise ("Seller")
shall displav any felt tip marker for sale. trade or
exchanae. nor shall store any felt tip marker pendina
display for sale or pendinq sale. except in a completelY
enclosed cabinet or other storaae device which shall be
permanentlY affixed to a buildinq or buildinq structure. and
which shall. at all times except durina access bY authorized
representatives. remain securely locked."
D. Wronqful Storaqe of Felt Tip Markers. No person
shall store any felt tip marker except in either (1) a
completely enclosed room which shall. at all times except
durinq access bY the owner or an authorized adult
representative of the owner. remain securelY locked: or (2)
in a completelY enclosed cabinet or other storaqe device
which shall be permanently affixed to a buildina or buildina
structure. and which shall. at all times except durina
access bY the owner or an authorized adult representative of
the owner. remain securelY locked.
Section 3. Section 9.20.050 "Penalties for violation of
chapter." is hereby amended to read as follows:
"9.20.050. Penalties for violation of chapter.
A. Criminal Penalties. Any and all violations of this
chapter shall be punishable either as an infraction or a
misdemeanor, at the discretion of the city Attorney. 4 It
is further understood that financial parental responsibility
for any acts of vandalism shall be strictly enforced.
4. This language is similar to Penal Code Section 594 for
graffiti vandalism. Damages for illegal sale or possession are
not expected to be significant.
graf5.wp
April 22, 1991
Amendment to Graffiti Ordinance
Page 3
8-1/
B. Parental civil Responsibilitv for Damaaes. Anv
parent or other leaal auardian who consents to. permits. or
otherwise knowinalv allows her or his child under the aae of
eiahteen to possess an aerosol paint container or a felt tip
marker shall be personal Iv liable for any and all costs to
any person incurred bv any party in connection with the
repair of any property caused bv said child. and for all
attorney's fees and court costs incurred in connection with
the civil prosecution of any claim for damaaes.
C. civil Responsibilitv for Damaaes Wronaful Displav
or Storaae. Anv person who displays or stores an aerosol
spray container or felt tip marker in violation of the
provisions of this chapter shall be persona I Iv liable for
any and all costs incurred bv any party in connection with
the repair of any property caused bv a minor who shall use
such aerosol spray container or felt tip marker in violation
of the provisions of California Penal Code Section 594. and
for all attorney's fees and court costs incurred in
connection with the civil prosecution of any claim for
damaaes.
Presented by:
Approved as to form by:
Bruce M. Boogaard
City Attorney
graf5.wp
April 22, 1991
Amendment to Graffiti Ordinance
Page 4
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