HomeMy WebLinkAboutCC ORD 1991-2001 Adds Ch. 10.64, aerosol spray paint containers and marker pens; repeals Ord. 1693 (Repealed by 2074)ORDINANCE NO. 91-2001
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING CHAPTER 10.64
OF THE NATIONAL CITY MUNICIPAL CODE,
AND REPEALING ORDINANCE NO. 1693
BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That Chapter 10.64 of the National City
Municipal Code is amended to read as follows:
Sections:
10.64.010
10.64.020
10.64.030
10.64.040
10.64.050
"Chapter 10.64
AEROSOL SPRAY PAINT CONTAINERS
AND MARKER PENS
Generally.
Sale.
Possession.
Display.
Violation --Penalty.
10.64.010 Generally. The sale, furnishing, posses-
sion and display of aerosol spray containers, and marker pens
with a tip exceeding four millimeters in width, containing
anything other than a solution which can be removed with water
after it dries, is prohibited, except as provided in this
chapter.
10.64.020 Sale. It is unlawful for any person,
firm, or corporation, except a parent or legal guardian, to
sell, give or in any way furnish, any aerosol spray container,
or any marker pen with a tip exceeding four millimeters in
width, containing anything other than a solution which can be
removed with water after it dries, to any minor under the age
of eighteen years, unless that person, firm or corporation
provides for the supervision of the minor's use of such
aerosol spray container or marker pen, so as to assure that
the minor does not deface any public or private property, or
violate any other section of this chapter.
10.64.030 Possession. It is unlawful for any person
under the age of eighteen years to have in his or her posses-
sion any aerosol spray container, or any marker pen with a tip
exceeding four millimeters in width, containing anything other
than a solution which can be removed with water after it
dries, while upon public property, or upon private property
without the consent of the owner of such private property,
whether such minor is or is not in or on an automobile or
other form of conveyance.
CONTINUED ON PAGE 2
repealed.
Ordinance No. 91-2001
Page 2 of 2
10.64.040 Display. It is unlawful for any person,
firm, or corporation doing business in this city to display
any aerosol spray container, or any marker pen with a tip
exceeding four millimeters in width, containing anything other
than a solution which can be removed with water after it
dries, in an area other than an enclosed counter to which only
employees of such business normally have access.
10.64.050 Violation --Penalty. Any person violating
any provision of this chapter shall be deemed guilty of a
misdemeanor, and upon conviction shall be punishable by a fine
of not more than One Thousand Dollars or by imprisonment not
to exceed six months, or by both such fine and imprisonment."
Section 2. That Ordinance No. 1693 is hereby
Section 3. If any section, sentence, clause,
phrase, or portion of this chapter is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this chapter. It is hereby declared
that this chapter and each section, subsection, sentence,
clause, phrase, part, or portion thereof, would have been
adopted or passed irrespective of the fact that any one or
more sections, sentences, clauses, phrases, parts, or portions
be declared invalid or unconstitutional.
PASSED and ADOPTED this 12th day of February
1991.
Cam-174
George H."Waters, Mayor
ATTEST:
f\A-11\1-- kt22
Lor' Anne Peoples, ity Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California,
on February 12, 1991 by the following vote, to -wit:
Ayes: CouncilmenDa11a, Inzunza, Van Deventer, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
Cit
Yu
Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on 19.9.1
and on
February 12, 1991
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO.91-2001of the City of National City, passed
and adopted by the Council of said City on February 12 , 1991
(Seal)
City Clerk of the City of National City, California
By:
Deputy