HomeMy WebLinkAbout71.133 ORDINANCE NO. 71-133
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
SECTIONS 6-15,150 AND 6-15,160 TO ARTICLE 6-15 OF
THE CODE OF THE CITY OF SARATOGA RELATING TO
REGULATION OF THE STORAGE AND DISPLAY OF
SPRAY PAINT CONTAINERS AND MARKER PENS
RECITALS
MEREAS, state law currently prohibits the sale or gift to
or purchase by minors of aerosol containers of paint capable of
defacing property and punishes the malicious defacing of property
with paint or any other liquid; and
WHEREAS, despite such prohibitions and threats of
punishment, incidences of graffiti created with spray paint
continue to occur in the City of Saratoga due in part to the
theft of spray paint containers; and
WNEREAS, in addition to being created with spray paint,
graffiti is often created with large-tipped marker pens; and
W~EREAS, supplemental local deterrents to the availability
of spray paint containers and large-tipped marker pens are needed
to further inhibit their use in creating graffiti;
NOW, THEREFORE~ THE COUNCIL OF THE CITY OF Sied~ATOGA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Sections 6-15.150 and 6-15.160 are hereby added
to Article 6-15 of the Code of the City of Saratoga to read as
follows:
Section 6-15,150. REGULATION OF SPRAY PAINT CONTAINERS
AND MARKER PEN8. DEFINITIONS. For purposes of Section 6-15,160,
the following terms shall have the following meanings:
(a) "Spray paint containers" means any container,
regardless of the material from which it is made, that
is made for or adapted to the purpose of spraying paint
or any other solution capable of defacing property
which cannot be removed with water after it dries.
(b) "Marker pens" means any indelible marker or similar
implement with a writing tip exceeding four (4)
millimeters in width that contains a solution which
cannot be removed with water after it dries.
1
Section 6-15.160. STORAGE AND DISPLAY OF SPRAY PAINT
CONTAINER8 AND MARKER PENS.
(a) It shall be unlawful for any person who owns, conducts,
operates or manages a commercial, retail or wholesale
establishment where spray paint containers or marker
pens are sold to store or display, or cause to be
stored or displayed, such spray paint containers and
marker pens in an area that is accessible to the public
without employee assistance in the regular course of
business pending legal sale or other disposition.
(b) Nothing herein shall preclude the storage or display'of
spray paint containers and marker pens in an area
viewable by the public so long as such items are not
accessible to the public without employee assistance.
(c) Any violation of this section shall constitute an
infraction.
Section 2. This Ordinance shall be in full force and effect
thirty (30) days after its passage and adoption.
The above and foregoing Ordinance was regularly
introduced and after the waiting time required by law, was
Council of Saratoga held on the 16th day ,
1994, by the following vote.
AYES: Councilmembers Anderson, Burger, Kohler, Monia and Mayor Tucker
NOES: None
ABSENT: None
ATTEST:
City
The above and foregoing is a true and correct
I 3,
January 13, 1994 C~py of Ordinance 7 ;/,3 which has been
273\ord\graffiti.msr published according to law.
2 ~'~ ~" ~ Date '
Deputy Citv Clerk