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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