ORDINANCE NO. 1048  

AN ORDINANCE OF THE CITY 0F BALDWIN PARK AMENDING THE MUNICIPAL CODE RELATING TO SALES AND STORAGE REQUIREMENTS OF AEROSOL SPRAY PAINT AND DYE  CONTAINERS BY ANY BUSINESS OR ESTABLISHMENT OFFERING SAID CONTAINERS FOR SALE TO THE PUBLIC 

THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS:  

SECTION 1. That Section 9.20, entitled "Offenses Against Property", is amended to add Sections 9.20.030 and 9.20.040.  

9.20.030 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 commonly known as an aerosol spray paint can or container which contains paint or dye to anyone under the age of 18 years. It shall be unlawful for anyone under the age of 18 years to purchase or otherwise obtain any aerosol spray paint can or for a juvenile to possess an aerosol spray paint can in a public place unless such juvenile is in the presence of his or her parent or guardian.  

9.20.040 Sale of Aerosol Spray Paint Can 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 shall provide, post and maintain a sign which contains "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both." The letters will be at least 1/2 inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans.  

A. Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers shall keep, store and maintain such aerosol spray paint cans or containers in a place that is locked and secured, or otherwise inaccessible to the public.  

SECTION 2. The Business License Processor, in cooperation with the Police Department, will use best efforts to identify businesses in the City of Baldwin Park which may offer for sale to the public aerosol spray paint containers 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 City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.