HomeMy WebLinkAbout1992-03-10 - AGENDA REPORTS - ORD 92 4 SPRAY PAINT CAN SALES (2)NEW BUSINESS
DATE:
SUBJECT:
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AGENDA REPORT
City Manager Approval
Item to be presented by:
Jeff Kolin
March 10, 1992
ORDINANCE 92-4: SPRAY PAINT CAN SALES
Public Works
At its June 26, 1990 meeting, the City Council adopted Ordinance 90-14, an ordinance
amending the Municipal Code relating to the sale of spray paint cans of six ounces or less.
To facilitate the City's Graffiti Abatement Program, staff proposes that Ordinance 90-14, an
ordinance relating to the sale of spray paint cans, be amended. Currently, 90-14 directs any
business offering to the public aerosol paint containers of six ounces or less, that these
containers must be stored in a place that is secured or otherwise made unavailable to the
public.
Ordinance 92-4 will amend the Municipal Code at Section 11.12.055, superseding
Ordinance 90-14 so that it pertains to spray cans of all sizes, not just spray cans of six ounces
or less. It is staff's understanding that spray cans of less than six ounces are not the can of
choice for would-be graffiti producers, as these small cans run out of paint too quickly.
The City's Code Enforcement Division has reported that the businesses they inspected did not
conform to the parameters of. Ordinance 90-14. Further, it was Code Enforcement's
observation that only 20% of the aerosol spray paint containers for sale fell within the six
ounce and under size provision. Based upon this information, staff believes enforcement of the
current ordinance will not offset the current graffiti situation.
Code Enforcement has recommended that in order to enforce such an encompassing ordinance,
it would be appropriate to target and inspect all businesses which specifically offer aerosol
spray paint cans for sale. Further, staff proposes to .work through the Santa Clarita and
Canyon Country Chamber of Commerce to request the business community's support.
Agenda Item:
It is the recommendation of the City Attorney that the City retain the current ordinance .
as it presently exists, The California Penal Code, Section 594.1 relating to aerosol paint
containers, outlines the state's intent to preempt all local governmental regulation
relating to the sale and possession of aerosol paint containers larger than six ounces. The
City of Los angeles attempted to implement a similar ordinance and are now involved in
a law suit with the Sherwin William's paint Corporation, who is challenging the
ordinance.
However, the City of Glendale adopted a similar ordinance just over a year ago. Since
its adoption, through their tracking system and an effective follow-up program to ensure
that local businesses comply, incidents of graffiti involving spray paint have drastically
decreased. To date, Glendale has encountered no legal challenge associated with their
ordinance, as they lack the high profile status associated with the City of Los Angeles. .
That City Council waive further reading and pass Ordinance 92-4 to second reading.
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ORD92-4
ATTACHMENT
Ordinance No. 92-4
ORDINANCE NO. 92-4
• AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO AMEND
SECTION 11. 12.055 RELATING TO THE SALE OF
SPRAY PAINT CANS IN THE CITY OF SANTA CLARITA.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the Municipal Code of the City of Santa Clarita, section
11. 12.055 to Title 11 is amended relating to. the sale of all spray paint cans to read. as
follows:
"11.12.055 Sale of aerosol paint containers - Storagg
requirements. Any business or establishment offering for sale to
the public aerosol paint containers, shall keep, store and
maintain such aerosol paint containers in a place that is locked
and secure, or otherwise made unavailable to the public."
SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
• PASSED AND APPROVED this day of , 1992.
MAYOR
ATTEST:
CITY CLERK
0
Ordinance No. 92-4
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
SS.
I, , City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. 92-4 was regularly introduced and placed upon its
fust reading at a regular meeting of the City Council on the day of
, 1992. That thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the.City Council on the day of 1992,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
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ord92-4
Is
CITY CLERK