ORDINANCE NO. 93-07 

AN ORDINANCE OF THE CITY OF MONROVIA RELATING TO GRAFFITI PREVENTION, REGULATING, POSSESSION, SALES AND STORAGE OF CERTAIN MARKER PENS, REGULATING STORAGE OF AEROSOL OR PRESURIZED CONTAINERS OF PAINT, AND AMENDING THE MONROVIAMUNICIPAL CODE 

THE CITY COUNCIL OF THE CITY OF MONROVIA DOES ORDAIN AS FOLLOWS: 

SECTION 1.  Title 9 of the Monrovia Municipal Code is amended by adding thereto a new Ahapter 9.62 to read as follows: 

9.62 Graffiti Prevention

                For purposes of this Chapter: 

A.      “Broad tipped marker” shall mean an indelible marker with a tip that exceeds four millimeters in width.

B.       “Graffiti” shall mean any unauthorized painting, marking, symbol, design, inscription or other defacement that is written, drawn, sprayed, painted, marked, etched, scratched, engraved with any paint, aerosol paint, indelible marker, chalk, ink, dye or other substance capable of defacing property.

C.       “Indelible marker” shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface.

D.      “Responsible adult” shall mean a parent or guardian of an individual under 18 years of age.  A responsible adult also includes an agent of the parent of guardian, provided said agent is over the age of 18. 

9.62.20         Sale of Broad Tipped markers to Minors.  It shall be unlawful for any individual to sell, offer to sell or cause to be sold, any broad tipped marker to any person under the age of 18 years who is not accompanied by a parent or guardian.

9.62.30         Possession by Minors.  It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property, without the consent of the owner, tenant or operator thereof, and who is not accompanied by a responsible adult, to possess a broad tipped marker.

9.62.40         Signs required.  Any person engaged in the retail sale of broad tipped markers must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows: ‘Graffiti vandalism is a crime and blight on our community.  Any person who maliciously defaces real or personal property with paint, dye or ink is guilty of vandalism which is punishable by fine, imprisonment, or both.  It is unlawful to sell a broad tipped marker to any person under the age of 18 years who is not accompanied by a parent or guardian.”  The letters shall be at least 3/8 of an inch in height. 

9.62.50         Storage requirements.  Any business or establishment offering for sale to the public any aerosol or pressurized containers of paint and/or broad tipped markers shall keep, store and maintain such aerosol spray paint cans or pressurized containers and broad tipped markers in a place that is either:  locked and secured; or within 15 feet of the cash register/clerk’s counter and in direct unobstructed view of the clerk while standing at the cash register; or otherwise inaccessible to the public without employee assistance.

9.62.60         Parental Responsibility.  Pursuant to Section 1714.1(b) of the California Civil Code, every parent or legal guardian having custody or control of a minor who defaces property by applying graffiti shall be jointly and severally liable with such minor for any damage resulting from the application of the graffiti in an amount not to exceed ten thousand dollars ($10,000).  Such damages may include restitution to the property owner.

9.62.70         Graffiti Declared a Nuisance.  The existence of graffiti that may be seen from the public right of way is expressly declared to be a public nuisance.” 

SECTION 2.  The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner prescribed by law.