Ordinance - 1943•
ORDINANCE NO. 1943
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING AND EXPANDING PROVISIONS
REGARDING ABATEMENT OF GRAFFITI
The City Council of the City of West Covina does ordain as
follows:
Section 1. Findings.
The City Council finds as follows:
A. Graffiti is inconsistent with the City property
maintenance goals and aesthetic standards and the existence of
graffiti on public and private property is obnoxious and a
blighting factor which not only depreciates the value of the
property upon which it exists, but also depreciates the value of
adjacent and surrounding properties in the community and adversely
affects the business community.
B. The proliferation of graffiti is often gang related and
may be a sign of the existence of broader and more significant
illegal activities.
C. Graffiti implements and paraphernalia, especially those
used by gang members and criminals, may often be .stolen, and
therefore reasonable regulations are needed to discourage the theft
• of such implements and paraphernalia.
D. Adoption of this ordinance will advise any person, firm
or corporation engaged in the retail sale of aerosol paint
containers of their responsibilities under the West Covina
Municipal Code and of the potential consequences for failure to
take proper precautions to keep, store and maintain in an
inaccessible location any aerosol paint container regulated by this
Ordinance.
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SECTION 2. Section 15-101 of Chapter 15, Article V, Division I of
the Municipal Code hereby is amended to read as follows:
15-101. Furnishing or Selling Specific Types of Graffiti
Implements to Minors.
A. It shall be unlawful and a violation of this Code for:
1. Any person, individual, organization, firm,
corporation, or any other entity to give, sell or
loan or cause or permit to be given, sold or loaned
to any other person any implement with, the
knowledge that such implement may be used to cause
or attempt to cause graffiti or to give or sell any
aerosol paint container, paint stick or marker to
any individual under the age of 18 years who is not
with a parent or legal guardian without first
obtaining bona fide evidence of majority and
identity; and
2. Any retail or commercial merchant to store, stock,
or display any aerosol paint container in such a way that
it may be handled by or be accessible to anyone who is
not an employee or otherwise authorized personnel,
without the assistance of said employee or authorized
personnel.
B. All such merchants who sell aerosol paint containers,
paint sticks or markers as part of a business shall conspicuously
• display a sign applicable to all such aerosol paint containers,
paint stocks or markers available for sale stating substantially
the -following:
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1. "Must be 18 years of age to purchase. Must have
valid I.D. to purchase"; and
2. "Any person who maliciously defaces real or personal
• property with graffiti is guilty of a misdemeanor punishable
by fine, imprisonment, or both."
All signs must be at least ten inches (1011) by sixteen inches
(16"), with letter size of at least three -eighths inch (3/811), and
posted in a conspicuous place within six feet (61) of the implement
or paraphernalia being offered for sale.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or
portion of this chapter is for any reason held to be invalid or
unconstitutional by the decision of any court of competent.
jurisdiction, or by reason of any preemptive legislation, the
remaining provisions of this ordinance shall remain in full force
and effect. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, sentence,
clauses, phrases or portions.thereof, independently, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portion thereof may be declared invalid or
unconstitutional.
Section 4. Effective Date.
This Ordinance shall be effective thirty (30) days after the.
date of its adoption.
Section 5.
• The City Clerk of the City of West Covina shall certify to the
passage and adoption of this Ordinance and shall cause the same to
be published in the manner required by law.
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PASSED AND ADOPTED by the City Council of the City of West
Covina at a regular meeting held on the 20th day of
September , 1994.
YOR OF THE CITY OF WEST COVINA
ATTEST:
ITY CLERK OF THE CITY OF WEST COVINA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I Janet Berry, City Clerk of the City of West Covina, HEREBY
DO CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the City Council of the City of West Covina on
the 20th day of September 1994, by the following roll
call vote:
AYES: COUNCILMEMBERS: Manners, Touhey, Herfert, McFadden
NOES: COUNCILMEMBERS: Wong
ABSENT: COUNCILMEMBERS: None
1&6
ITY CLERK OF THE CITY OF WE T COVINA
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