Loading...
HomeMy WebLinkAboutNS-2189 - Adding Section 10-178 to the Santa Ana Municipal Code to Require Restricted Public Access to Aerosol Containers...063 ORDINANCE NO. NS-2189 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 10-178 TO THE SANTA ANA MUNICIPAL CODE TO REQUIRE RESTRICTED PUBLIC ACCESS TO AEROSOL CONTAINERS AND LARGE MARKER PENS OFFERED FOR SALE IN RETAIL STORES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-178, which said section reads as follows: Sec. 10-178. Public access to aerosol containers and large marker pens offered for sale in retail steres. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. SECTION 2: In adopting this ordinance, the city Council of the city of Santa Aha finds and determines as follows: 1. Provisions of state law provide punishment for vandalism in the form of malicious defacing of property with paint, and prohibit the sale to or purchase by minors of aerosol spray paint containers capable of defacing property. 2. Notwithstanding such prohibitions, graffiti caused by aerosol spray paint continues to proliferate in the city of Santa Ana due to substantial part to theft of aerosol spray paint containers. 3. Graffiti can be created not only by aerosol spray paint, but also by large tipped marker pens. 4. Supplemental local deterrents to the availability for use of aerosol containers of paint and marker pens are needed to further inhibit their use for graffiti purposes. SECTION 3: If any section, subsection, sentence, clause, 1 Ns-2189 10'65 Page 2 phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court, of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of April , 1993. ATTEST: ~anlce C. Guy ( / Clerk of the Council Da~¥~l }~. Young~ Mayor / COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: City Attorney 066 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Rc~luticn ~5 - ~/~ to be the original-~~e~ adopted by the City Council of the city of Santa Ana on //~ ~ , 17 7 0 ~ oZ.~.WL ..c~-..--~ ~ , ,-x , , ~ ~-~ jf~4~ u Clerk of the Coun&il, Date city of Santa Ana