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HomeMy WebLinkAboutOrdinance 3805 - NO ACTION TAKEN - Adding Chapter 9.56 to th A. 4" CITY OF HUNTINGTON BEACH AL INTER-DEPARTMENT COMMUNICATION HUNTNGTOti REACH TO: Honorable Mayor and City Council Members VIA: Paul Emery, Interim City Administrator FROM: Kenneth W. Small, Chief of Police eW � W ., SUBJECT: Agenda Item G2(a) DATE: June 2, 2008 1 request that Agenda Item G2(a) on tonight's City Council Agenda be pulled from the agenda until further notice. The staffs at the police department and the City Attorney's Office need additional time to review these two ordinances before they are considered by the city council. Please contact me if you have any questions regarding this matter. Cc Joan Flynn, City Clerk Jennifer McGrath, City Attorney Ordinance No. 3806 marking pens and etching tools in a place that is locked and secured, or otherwisze not directly accessible to the public. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 200 Mayor ATTEST: INITIATED AND APPROVED: 'LAO-TtAl City Clerk Tc ' f of o ce n REVIE�D ND � PROVED: ' APPROVED AS TO FORM: t City Administr r C ty Attorney D tO ACTION TAKEH4 22046 2 R6CA ROUTINGSHEET INITIATING DEPARTMENT: Huntington Beach Police Department SUBJECT: Possession and Sale of Aerosol Paint and Marking Pens COMM MEETING DATE: June 2, 2008 C ATTACH ENT STATES Ordinance w/ex Applicable( hibits & legislative draft if applicable) Attached Not A ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RED' RjNED FOR AkbED Administrative Staff Deputy City Administrator Initial City Administrator Initial N�Cc City Clerk ( ) E PLANATION FOR RETURN OF;ITEM: �i�� �-t�-c.✓ —_ � CAS � °b` (Bi O RCA Author: David Wiederin, Police Officer, Directed Enforcement Team IJ/ _Uok- Cl of/(J G iLm fm A� Ci S ) m STEVE V�e 0 rac�� � Ts l/ST Sc Ivecs C�1 � P�vsNT1� PJ�-�' s care Liz; s 715)S SA*4o Pz :0 cL.vDcp AS WeLl- PC�_��_ I SlroC�e. TA�k=)XQ4 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 6/2/2008 Department ID Number: /PD-08-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I M' ERS SUBMITTED BY: Paul Emery, Interim City Administrator PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Adopt Ordinance Adding HuntingtontYiach Municipal Code Chapters 9.56 and 9.57 Relating to the Possession, Sale, and Storage of Pressurized or Aerosol Paint Containers, Marking Pens, and Etching Tools. Statement of Issue,Funding Source,Recommended Action,Alternat ve Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City of Hunting of n Beach has experienced a steady increase in the number of graffiti related crimes involving aerosol spray paint and etching or marking tools. Often the crime is committed by juveniles who acquired the spray paint or marking tool by theft from a retailer. Funding Source: No funds required Recommended Action: Motion to: Adopt Ordinance No. 38o5 , An Ordinance of the City of Huntington Beach Adding Chapter 9.56 relating to the possession, sale, and storage of pressurized or aerosol paint containers. Motion to: Adopt Or�'inance No. 3806 , An Ordinance of the City of Huntington Beach Adding Chapter 9.57 relating to the possession, sale, and storage of marking pens and etching tools. Alternative Action(s): Do not adopt Ordinance No. 3805 and Ordinance No. -38nh and direct staff accordingly NO AC710[q T A K EG. L; C REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/2/2008 DEPARTMENT ID NUMBER: PD-08-0 Analysis: The Huntington Beach Police Department has investigated several crimes of vandalism in which aerosol paint and marking tools were stolen from local retailers from unsecured display shelves. The retailer is often unaware of the thefts until Police contact/them during their investigation of the vandalism. There is no State of California law or statute which requires retailers to control accessibility of spray paint or marking tools. Proposed HBMC Chapter(s) 9.56.040 and 9.57.030 are written to control access to vandalism too'Is by requiring retailers to secure these items. Requiring retailers to secure their spray paint and marking tools will reduce their availability to graffiti vandals resulting in an overall reduction of this type.01f crime throughout the city. A secondary benefit from the proposed ordinance is assisting retailers to better control their inventory and losses from undetected theft. Currently, the City of Huntington Beach Municipal Code does not regulate the sale, possession, or storage of aerosol paint or marking tools. Penal Code section 594.1 (d) regulates the possession of these items. However,/the section stipulates the object must be "in plain view to the public" and requires signage/be posted at any public facility to include parks, beaches, playgrounds, etc. to be enforceable. The proposed ordinances address the limitations of the Penal Code sections by adding time restrictions for juveniles, eliminating the requirement for posting of the restrictions and removes the "in plain view" language. Penal Code section 594.2 addresses possession/of vandalism tools, but, also requires a "with the intent to commit vandalism" element to the crime. The proposed ordinances eliminate the "intent" requirement. / The proposed ordinances also restrict persons from possessing these items in public parks or public buildings which are common targets of graffiti vandals. Furthermore, persons under the age of eighteen years are not/allowed to possess spray paint or marking tools between the hours of six p.m. and six a.m., which is the most frequent time frame in which graffiti is applied. The sale of spray paint andAmarking tools is also regulated with the proposed ordinances. It would be unlawful for any/person (except a parent or legal guardian) to sell or furnish these items to anyone under the age of eighteen. This section generally mirrors Penal Code section 594.1. Other local municipalities have adopted similar ordinances which have proven to be effective in controlling graffiti/vandalism. It is anticipated that requiring retailers to secure these items will have little financial impact on the individual stores. Any cost associated with securing these items will likely be recouped in a short period of time due to the decreased theft of the products.NO ACTION TA K IrE N -2- 5/22/2008 6:27 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 6/2/2008 DEPARTMENT I® NUMBER: P®-08-0©5 Strategic Plano Goal: f Provide quality public service with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently equipped overall/ Environmental Status: N/A ,✓ Attachment(s): ® ® o Ordinance No. 3S05 An Ordinance of the City of Huntington Beach Adding Chapter 9.56 relating to the possession, sale, and storage of pressurized or aerosol paint containers. 2. Ordinance No. 3806 An ordinance of the City 9 of Huntington Beach Adding Chapter 9.57 relating to the possession, sale, and storage of marking pens and etching tools. TA K' E N NO ACTION —3—' 5/22/2008 6:27 PM NO ACTION TAKEN ATTACHMEN T -i""­ ORDINANCE NO. 3805 ' AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 9.56 RELATING TO PRESSURIZED OR AEROSOL PAINT CONTAINER'S p The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 9.56 - Pressurized Or Aerosol Paint Containers, said chapter to read as follows: Chapter 9.56 PRESSURIZED OR AEROSOL PAINT CONTAINERS Sections: 9.56.010 Sale or purchase prohibited. 0 ACTION 9.56.020 Possession restricted. 9.56.030 Possession prohibited in public places. // 9.56.040 Storage requirements. TAKEN 9.56.010 Salle or purchase prohibited. a. It is unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, Sy exchanged, given or loaned, any pressurized or aerosol container containing any substance commonly known as paint or dye to anyone under the age of eighteen years, unless such person is the parent o/legal guardian of said minor. b. It is unlawful for anyone under the age of eighteen years to purchase any pressurized or aerosol container containing paint or dye. C. Evidence of majority may b'e established by a document issued by the federal government or a state, county or municipal government including, but not limited to, a motor vehicle operator's license, a registration certificate under the Selective Services Act, a passport or an identification card/issued to a member of the armed forces which identifies an individual and provides proof of the age of the individual. 9.56.020 Possession restricted. Between the hours of six p.m. and six a.m. it is unlawful for any person under the age of/eighteen to have in his possession any pressurized or aerosol container containing any substance commonly known as paint or dye while on any public highway, street, alley or way, park, playground, swimming pool, or other public place, whether such person is or is not in any automobile, vehicle or other conveyance. x Ordinance Amending Chapter 9 56 1 Ordinance No. 3805 9.56.030 Possession prohibited in public places. It is unlawful for any person to�have in his possession any pressurized or aerosol container containing any substance commonly known as paint or dye while in any public park, playground, beach, public parking lot, public building, swimming pool, or recreational facility (other than a highway, street, alley/or way), except authorized employees of the city or an individual or authorized employee of an individual or company under contract with the city. 9.56.040 Storage requirements. Any business or establishment offering for sale to the public pressurized or aerosol paint containers regulated by this chapter shall"keep, store and maintain such pressurized or aerosol paint containers in a place that is locked and secured or otherwise not directly accessible to the public. z� �R t The City Council of the City of Huntington Beach does`, ereby ordain as follows: SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Councieof the City of Huntington Beach at a regular meeting thereof held on the day of , 200 Mayor ATTEST: ° INITIATED AND APPROVED: 00w� A CT7Nl- City Clerk of of o ce REVIEWE ND APPROVED/ APPROVED AS TO FORM: ity Adminis for n City Attorney L D� 511210b HO ACTION �AKEN fs Ordinance Amending Chapter 9 56 2 NO ACTION TAKEN ATTACHME NT #2 ORDINANCE NO. 3806 � AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL,BY ADDING CHAPTER 9.57 RELATING TO MARKING PENS AND ETCHING TOOLS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 9.57—Marking Pens and Etching Tools, said chapter to read as follows: Chapter 9.57 , { MARKING PENS AND ETCHING TOOLS Sections: 9.57.010 Sale or purchase prohibited. NO AC T ION 9.57.020 Possession prohibited in streets and other public places. 9.57.030 Storage requirements. 9.57.010 Sale or purchase prohibited. TA KEN a. No person shall sell or cause t o be sold to any person under the age of eighteen(18) years any marking pen with a tixceeding four millimeters (four twenty-fifths of an inch) in size and containing anything other than a solution which can be removed with water after the solution dries. b. No person shall sell or cause to be sold to any person under the age of eighteen (18) years any etching tool capable of defacing property. C. Evidence of majority may be established by a document issued by the federal g overnment or a state, county or municipal government including, but not limited, to a motor vehicle operator's license, a registration certificate issued under the Selective Service Act, a passport or an identification card issued to a member of the armed forces which identifies an individual and provides proof of the age of the individual. 9.57.020 Possession prohibited in streets and other public places. No person under the agle of eighteen (18) years shall have in his or her possession any marking pen or etching tool regulated by this chapter while on any public street or alley or in any other public place unless such person is accompanied by a parent or guardian. 9.57.030 Storage requirements. Any business or establishment offering for sale to the public marking pens or etching tools regulated by this chapter shall keep, store and maintain such 22046 1