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provisions of the Code is not intended, nor shall it be interpreted, as
<br />constituting a new action or decision of the City Council, but rather .r/
<br />such provisions are repeated for tracking purposes only in
<br />conformance with the Charter.
<br />Section 2. In accordance with the California Environmental Quality Act,
<br />the proposed project is exempt from further review. Categorical Exemption ER
<br />2009-107 will be filed for the project.
<br />Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1),
<br />the City Council has determined that, after considering the record as a whole, there
<br />is no evidence that the proposed project will have the potential for any adverse
<br />effect on wildlife resources or the ecological habitat upon which wildlife resources
<br />depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR
<br />§ 735.5(a)(3), the payment of Fish and Game Department filing fees is not required
<br />in conjunction with this project.
<br />Section 3. Sections 10-177 and 10-178 of Article II of Chapter 10 of the
<br />Santa Ana Municipal Code relate to controlling sale and access by minor to
<br />pressurized paint cans and other graffiti implements. Article V of Chapter 17 of the
<br />Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana.
<br />In the interest of comprehensive regulation, the aforementioned sections of the
<br />Santa Ana Municipal Code should be consolidated in one Article of the Code.
<br />Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shall hereafter ~,
<br />be designated as "Graffiti Regulations".
<br />Section 4. Section 17-70 of the Santa Ana Municipal Code is hereby re-
<br />designated as Section 10-221 and amended such that it reads as follows
<br />Sec. 10-221. Definitions.
<br />For the purposes of this chapter, the following words and terms shall have the
<br />meaning ascribed thereto:
<br />(a) Graffiti means any unauthorized inscription, word, figure, mark,
<br />adhesive sticker or design that is written, marked, etched, scratched,
<br />drawn, painted, labeled, pasted, applied or affixed, on any surface of
<br />public or private real or personal property, including, but not limited to,
<br />buildings, walls, windows, signs, structures, places or other surfaces
<br />regardless of the nature of the material of which the surface is
<br />composed.
<br />(b) Graffiti implement means any implement capable of marking, scarring,
<br />damaging, or defacing any surface to create graffiti, including, but not
<br />limited to, aerosol paint containers, felt tip markers, paint sticks or
<br />graffiti sticks, etching tools, adhesive stickers, spray actuators, marking
<br />pens, drill bits, grinding stones or any other similar implement.
<br />Ordinance No. NS-2791
<br />Page 2 of 13
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