HomeMy WebLinkAboutOrd 1991-2473 ORDINANCE NO. 2473
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SUBSECTION (A)"CRIMINAL PENALTIES" OF SECTION
9.20.050 "PENALTIES FOR VIOLATION OF CHAPTER" OF CHAPTER
9.20 "PROPERTY DEFACEMENT" OF THE CHULA VISTA MUNICIPAL
CODE TO PROVIDE FOR AN ENFORCEMENT POLICY FOR WRONGFUL
DISPLAY OF AEROSOL PAINT CONTAINERS AND FELT TIP
MARKERS.
WHEREAS, at their Council Meeting of July 16, 1991, the City Council
introduced Ordinance No. 2464; and,
WHEREAS, Ordinance No. 2464 contained a provision, Section I, imposing
criminal liability on merchants for the "wrongful display" of aerosol paint
containers and felt tip markers; and,
WHEREAS, at their Council meeting of July 23, 1991, the City Council
requested the City Attorney to bring back an enforcement policy that would
provide for adequate notice, prior to commencement of criminal prosecution, to
local merchants of the responsibility for containing aerosol paint containers and
felt tip markers within areas of their stores from which the public is precluded;
and,
WHEREAS, the purpose of this ordinance is to set forth such an enforcement
policy;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Subsection A "Criminal Penalties" of Section 9.20.050
"Penalties for Violation of Chapter" of Chapter 9.20 "Property Defacement" is
hereby amended to read as follows:
"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.
1. Enforcement Policy as to Wrongful Display. Notwithstanding
the foregoing, it shall be the policy of the City that the
criminal prosecution of a violation of Subsection C, "Display
for the Purposes of Sale" of Section 9.20.040, "Prohibition of
sale, possession, display for purposes of sale, and storage of
aerosol paint containers", or Subsection C, "Display for the
Purposes of Sale" of Section 9.20.045, "Prohibition of sale,
possession and display of felt tip markers" shall commence
only after the following two events have occurred: (1)
Notice of the enactment of the Section 9.20.040(C) and/or
9.20.045(C) have been mailed to the violator; and (2) notice
Ordinance No. 2473
Page 2
of a specific act of violation has been provided to the
violator, and 10 days thereafter have elapsed without
correction or remediation of the violation. Nothing herein in
this enforcement policy shall operate to condition the right
of the City to prosecute, or cause the prosecution, of a
violation of this Chapter."
Presented by ~ai to m~
'~~ Bruce M. Boogaar ·
Ordinance No. 2473
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of August, 1991, by the following vote:
AYES: Councilmembers: Grasser Hotton, Moore, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, Rindone
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
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. 2473 had its first reading on
August 6, 1991, and its second reading and adoption at a regular meeting of said
City Council held on the 13th day of August, 1991.
Executed this 6th day of August, 1991.
Beverly A/Authelet, City Clerk