HomeMy WebLinkAboutORD-01-07 Amending Ch 8.37-Prohibit Possesion of Graffiti Implements by MinorsORDINANCE NO. 1-
07 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 8.37
OF THE ORANGE MUNICIPAL CODE TO
PROHIBIT THE POSSESSION OF GRAFFITI
IMPLEMENTS BY
MINORS.WHEREAS, the City, along with most of Orange County, has experienced an
increase in graffiti vandalism;
and WHEREAS, minors are often the perpetrators of graffiti;
and WHEREAS, graffiti by minors is often used to express the desire to join a gang;
and WHEREAS, it is a widespread belief among law enforcement that enforcement at
a younger age is the most effective way to prevent a certain behavior from occurring at an
older age;
and WHEREAS, the purpose of this Ordinance is to reduce crime, reduce the incidents
of graffiti, reduce aesthetic blight; and to enhance the quality oflife in the
City.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:A new Section 8.37.045 is added to the Orange Municipal Code to provide as
follows:8.37.045 Possession of Graffiti Implements By Minors
Prohibited.A. It shall be unlawful, and a misdemeanor, for any person under the age of
eighteen years to possess any graffiti implement, as defined in Section 8.37.020 of this chapter,
while upon public property, or upon private property, without the prior written consent of the
owner of such
property.B. The foregoing provision shall not apply to a minor who is attending or traveling
to or from a school at which the minor is enrolled, if the minor is participating in a class at
the school that has, as a written requirement of the class, the need to use any graffiti
implement.For purposes of this Section, graffiti implement shall not include a transparent implement
used to highlight reading material or an implement that can be dry
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED this 23'd day of January, 2007.
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ATTEST:
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Mary
Ord. No. 1-07 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 9th day of January, 2007, and thereafter at the regular meeting of said City Council duly
held on the 23,d day of January, 2007, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
City Cfer, .
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