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provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009-107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Sections 10-177 and 10-178 of Article II of Chapter 10 of the Santa Ana Municipal Code relate to controlling sale and access by minor to pressurized paint cans and other graffiti implements. Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. In the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated in one Article of the Code. Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shalt hereafter be designated as "Graffiti Regulations". Section 4. Section 17-70 of the Santa Ana Municipal Code is hereby re- designated as Section 10-221 and amended such that it reads as follows Sec. 10-221. Definitions. For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied or affixed, on any surface of public or private real or personal property, including, but not limited to, buildings, walls, windows, signs, structures, places or other surfaces regardless of the nature of the material of which the surface is composed. (b) Graffiti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks, etching tools, adhesive stickers, spray Ordinance No. NS-XXX Page 2 of 13 11 A-2