HomeMy WebLinkAboutOrd 1991-2454 ORDINANCE NO. 2454
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 I. 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 alterin9 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 sprayin9 paint or other substance capable of defacin9
property. (Ord. 2454, Sec. 1, 1991)
C. "Felt Tip marker" means any indelible marker or similar implement
with a tip which, at its broadest point is greater than one-eighth
(1/Bth) inch, containing an ink that is not water-soluble. (Ord.
2454, Sec. 1, 1991)
SECTION II. 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 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.
Ordinance No. 2454
Page 2
SECTION III. 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 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.
SECTION IV. 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. 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.
Presented by Approved as to form by
~id Morris Bruce M. Boog d '
Deputy City Manager City Attor
Ordinance No. 2454
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 7th day of May, 1991, by the following vote:
AYES: Councilmembers: Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
Leonard M. Moore
Mayor, Pro~Tempore
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2454 had its first reading on
April 23, 1991, and its second reading and adoption at a regular meeting of said
City Council held on the 7th day of May, 1991.
Executed this 7th day of May, 1991.
/
Beverly A. Authelet, CityClerk