ORDINANCE NO. 401-C.S. 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL AMENDING THE MUNICIPAL CODE RELATING TO SALE, POSSESSION AND STORAGE REQUIREMENTS FOR AEROSOL SPRAY PAINT AN DYE CONTAINERS, CERTAIN WRITING INSTRUMENTS AND GLASS ETCHING TOOLS BY ANY BUSINESS OR ESTABLISHMENT OFFERING SAID CONTAINERS FOR SALE TO THE PUBLIC 

The City Council of the City of San Gabriel does ordain as follows: 

Section 1.  New Chapter 11 – Aerosol Spray Paint and Writing Instruments – Sale and Possession Thereof is hereby added to Title 4 of the San Gabriel Municipal Code consisting of Sections 4-11.01 and 4-11.02 to read as follows: 

4-11.01                       Sale and Possession of Aerosol Spray Paint Cans by Juveniles.  It shall be unlawful for any person to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized can or other container which contains paint or dye, and or any writing instruments having a porous point, tip or nib in excess of one sixteenth of one inch in width at its widest point (hereinafter referred to as “writing instrument”) and or glass etching tools to anyone under the age of 18 years.  It shall be unlawful for anyone under the age of eighteen years to purchase or otherwise obtain any aerosol spray paint can, writing instrument or glass etching tools or for a juvenile to possess an aerosol spray paint can, writing instrument or glass etching tools in a public place unless: 

(1)   such juvenile is in the presence of his or her parent or guarding; or

(2)   (2) the possession of such device or devices is part of an authorized school activity or the juvenile’s lawful employment duties. 

4-11.02                       Sale of Aerosol Spray Paint, Writing Instruments and Glass Etching Tools And Storage Requirements.  Any business or establishment offering for sale to the public any paint or dye which is packaged for sale in a pressurized container commonly known as an aerosol spray paint can or container, writing instruments as described in Section 4-11.02 of the San Gabriel Municipal Code and or glass etching tools shall provide, post and maintain a sign which contains “Any person who maliciously defaces real or personal property with paint, marking pens or etching tools is guilty of vandalism which is punishable by a fine, imprisonment, or both."  The letters shall be at least ½ inch in height.  Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans, writing instruments or glass etching tools. 

A.     Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers, writing instruments as described in Section 4-11.01 of the San Gabriel Municipal Code, or glass etching tools, shall keep, store and maintain such aerosol spray paint cans or containers, writing instruments or glass etching tools in a place that is locked and secured, or otherwise inaccessible to the public. 

Section 2.  The Finance Department, in cooperation with the Police Department, will use its best efforts to identify businesses in the City of San Gabriel which may offer for sale to the public aerosol spray paint containers, writing instruments and or glass etching tools and cause a copy of this Ordinance to be transmitted to such persons and businesses by first-class United States mail at the earliest feasible date. 

Section 3.  The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be processed pursuant to the provisions of law.