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063 <br /> <br />ORDINANCE NO. NS-2189 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />ADDING SECTION 10-178 TO THE SANTA ANA <br />MUNICIPAL CODE TO REQUIRE RESTRICTED <br />PUBLIC ACCESS TO AEROSOL CONTAINERS AND <br />LARGE MARKER PENS OFFERED FOR SALE IN <br />RETAIL STORES <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br /> SECTION 1: That the Santa Ana Municipal Code is hereby <br />amended by adding a section, to be numbered 10-178, which said <br />section reads as follows: <br /> <br />Sec. 10-178. Public access to aerosol containers and large <br /> marker pens offered for sale in retail steres. <br /> <br /> Every person who owns, conducts, operates or manages a retail <br />commercial establishment selling aerosol containers, or marker pens <br />with tips exceeding four millimeters in width, containing anything <br />other than a solution which can be removed with water after it <br />dries, shall store or cause such aerosol containers or marker pens <br />to be stored in an area viewable by, but not accessible to, the <br />public in the regular course of business without employee <br />assistance, pending legal sale or disposition of such marker pens <br />or paint containers. <br /> <br /> SECTION 2: In adopting this ordinance, the city Council of <br />the city of Santa Aha finds and determines as follows: <br /> <br /> 1. Provisions of state law provide punishment for vandalism <br />in the form of malicious defacing of property with paint, and <br />prohibit the sale to or purchase by minors of aerosol spray paint <br />containers capable of defacing property. <br /> <br /> 2. Notwithstanding such prohibitions, graffiti caused by <br /> aerosol spray paint continues to proliferate in the city of Santa <br /> Ana due to substantial part to theft of aerosol spray paint <br /> containers. <br /> <br /> 3. Graffiti can be created not only by aerosol spray paint, <br />but also by large tipped marker pens. <br /> <br /> 4. Supplemental local deterrents to the availability for use <br />of aerosol containers of paint and marker pens are needed to <br />further inhibit their use for graffiti purposes. <br /> <br />SECTION 3: If any section, subsection, sentence, clause, <br /> <br />1 <br /> <br /> <br />