ORDINANCE NO. 849 

AN URGENCY ORDINANCE OF THE CITY OF LA VERNE AMENDING THE MUNICIPASL CODE RELATING TO SALE, POSSESSION AND STORAGE REQUIREMENTS FOR AEROSOL SPRAY PAINT AND DYE CONTAINERS, CERTAIN WRITING INSTRUMENT AND GLASS ETCHING TOOLS BY ANY BUSINESS OR ESTABLISHMENT OPFFERING SALE CONTAINERS FOT SALE TO THE PUBLIC 

The City Council of the City of La Verne DOES ORDAIN as follows: 

Section 1.  That Sections 9.28.010 and 9.28.020 of the La Verne Municipal Code are hereby repealed. 

Section 2.  New Sections 9.28.010 and 9.28.020 are hereby added to the La Verne Municipal Code to read as follows: 

9.28.10         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, 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 o 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 of glass etching tools in a public place unless such juvenile is in the presence of his or her parent or guardian.

9.28.20         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 9.28.010 of the La Verne 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 is guilty of vandalism which is punishable by a fine, imprisonment, or both.” The letters will be at least ˝” in height.  Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans, writing instrument 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 9.28.010 of La Verne 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 3.  The Finance Department, in cooperation with the Police Department, will use its best efforts to identify businesses in the City of La Verne 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 4.  This ordinance is hereby declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare.  The City Council hereby finds that there is a current and immediate threat to the public health, safety and welfare.  The facts constituting such urgency are as follows:  Local businesses and public places are experiencing an intolerable increase in the volume of graffiti, which has adversely impacted the City’s appearance and image.  The City does not have the resources to relay solely on graffiti removal activities and must initiate measures, such as this to prevent the proliferation of graffiti.  This ordinance shall take effect immediately. 

Section 5.  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 published and posted pursuant  to the provisions of law.