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Home My WebLink AboutOrd 1991-2464 ORDINANCE NO. 2464 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 9.20,020, 9.20.040, 9.20.045, 9.20,050, AND ADDING SECTION 9.20.035 TO CHAPTER 9.20, PROPERTY DEFACEMENT The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 9.20,020, 9.20.040, 9.20.045 and 9.20.050 of Chapter 9.20 are amended to read as follows: Section 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. 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 spraying paint or other substance capable of defacing property. C. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth (1/Bth) inch, containing an ink that is not water-soluble. Section 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. 2464 Page 2 C. Display for the Purposes of Sale. No person, firm or entity engaged · S in a commercial enterprise (" eller") shall display any aerosol paint container for sale, trade or exchange, nor shall store any aerosol paint container pending display for sale or pending sale, except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying aerosol paint containers for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or in an enclosed area behind a sales or service counter from which the public is precluded from entry. Section 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. C. Display for the Purposes of Sale. No person, firm or entity engaged in a commercial enterprise ("Seller") shall display any felt tip marker for sale, trade or exchange, nor shall store any felt tip marker pending display for sale or pending sale, except in an area from which the public shall be securely precluded without employee assistance. One such acceptable method for displaying felt tip markers for sale shall be in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked. Ordinance No. 2464 Page 3 Section 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 misdemeanor, at the discretion of the City Attorney. It is further understood that financial parental responsibility for any acts of vandalism shall be strictly enforced. B. Parental Civil Responsibility for Damages. Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her or his child under the age of eighteen to possess an aerosol paint container or a felt tip marker shall be personally liable for any and all costs to any person incurred by any party in connection with the repair of any property caused by said child, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. C. Civil Responsibility for Damages Wrongful Display or Storage. Any person who displays or stores an aerosol spray container or felt tip marker in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the repair of any property caused by 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 damages, not to exceed $1,500.00. SECTION II: That Section 9.20.035 is added to Chapter 9.20 of the Chula Vista Municipal Code to read as follows: 9.20.035 Permitting Graffiti to Remain. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("Responsible Party") to permit property which is defaced with graffiti to remain so defaced for a period of seven (7) days after notice of same, unless said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti, or unless it can be demonstrated that the Responsible Party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program. Ordinance No. 2464 Page 4 SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as ~Y~'/~/ "'/ ~oogaard /, '\ Ordinance No. 2464 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of July, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki Soderquist, Dep~y ~'ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2464 had its first reading on June 18, 1991, and its second reading and adoption at a regular meeting of said City Council held on the 16th day of July, 1991. Executed this 16th day of July, 1991. Vicki Soderquist, Deput~j City Clerk