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Home My WebLink About1991/05/07 Item 7 >\\o~ ';/ S) ~Q~DINANCE NO. 21/5 "T' ~~ ~~CE OF THE CITY COUNCIL OF THE CITY OF ~~LA VISTA AMENDING CHAPTER 9.20 TO GO~VPRIMARILY TO PRECLUDE SALE OR POSSESSION OF S~ 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 caint container" means any aerosol container. reqardless of the material from which it made. which is adapted or made for the purcose of sprarinq caint or other substance cacable of defacinq procerty. lOrd. . Sec. 1. 1991) C. similar qreater that is "Felt Tic marker" means any indelible marker or implement with a tic which. at its broadest coint is than one-eiqhth 11/8th)2 inch. containinq an ink not water-soluble. lOrd. . 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 curcoses of sale, and storage of aerosol caint containers spray paiRt caRS. In eraeF te opeeifieally inhiBit the a7ailaeility af the mechanical ana chemical de~iee mect frC~ucRtly uoca to effce~ the acf~eemeR~ prehisitca is thio ehapter, i.e., the 1. Adapted from R & T Code Section 7287. 2. Note that National City's ordinance uses "four millimeters". grafJ . wp April 18, 1991 Amendment to Grafitti Ordinance Page 1 ?.. ( aerssal opray paint eaR, it io HRlawfal:3 A. Sale or Furnishina to Minors. It shall be unlawful !For any person. other than a parent or leqal quardian.' to sell, exchange, give~ &p-loan. or otherwise furnish, or cause or permit to be sold, exchanged, given~-&E loaned.or otherwise furnished.s any aerosol paint container spray oaR 6eRtaiRiR~ any sabotaRee ealnlfteRly ]tReT....+R as paiRt , 6 to any person miRer under the age of eighteen years without the consent of the parent or other lawfullv desiqnated custodian of the person. which consent shall be qiven in person. uRlcss that peroaR pre~iaes fer ~Be saper.isiaR af the miRsr10 use of sash acresel spray eaR se as te assare th~t the miRer dace not ~ielate aRY see~iaR af thio ehapter7T- B. Possession. Gasjcet te the pre.iBieRs ef BusscotieR A asevc, It shall be unlawful for any person under the age of eighteen years to have in his or her possession any aerosol paint container Bpray eaR oeRtaiRiRg aRY sasotaRee oOlllllleRly J[Re\iR as paiRt 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, ,:hether sueh miRer io er is Rot iR er OR an autemalaile ar ethe.r ferft af eeRT:e.yaRee.8t1 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 3. This language is deemed to be gratuitous indications of intent, and are recommended for deletion. 4. This language is added to avoid making it a crime for a parent to give a minor spray paint or felt tip markers. 5. This "furnish" language is offered to create a parallel with the felt tip marker language. 6. This is deleted because we have incorporated the state law definition of spray paint. See Revenue and Taxation Code section 7287 (b). 7. This section is proposed for removal as vague and operates as a possible "loophole." 8. This language is proposed for removal as inclusive of the universe of possibilities. graf3 . wp April 18, 1991 Amendment to Grafitti Ordinance Page 2 7-J--. felt tip markers. A. Sale or Furnishinq To Minors. It shall be unlawful for any person. other than a parent or other leqal quardian. to sell. exchanqe. qive. loan. or other furnish. or cause or permit to be sold. exchanqed. qiven. loaned. or otherwise furnished. anY felt tip marker to anY person under the aqe of eiqhteen years without the consent of the parent or other lawfully desiqnated custodian of the person. which consent shall be qiven in person. B. Possession bv Minors. It shall be unlawful for any person under the aqe of eiqhteen 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 attendinq. or travellinq to or from a school at which the person is enrolled. if the person is participatinq in a class at said school which has. as a written requirement of said class. the need to use felt tip 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. A. Criminal Penalties. Any and all violations of this chapter shall be punishable either as an infractions or a misdemeanor. at the discretion of the city Attornev. 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 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. Bruce M. Boogaar , City Attorney Sid Morris, Deputy city Manager tttOf Presented by.: 9. This language is similar to Penal Code section 594 for grafitti vandalism. Damages for illegal sale or possession are not expected to be significant. graf3.wp April 18, 1991 Amendment to Grafitti Ordinance Page 3 7.3