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HomeMy WebLinkAboutOrd 833-1980ORDINANCE NO. 833-80 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROHIBITING THE SALE, TO MINORS WHO ARE NOT ACCOMPANIED BY A RESPONSIBLE ADULT, OF AEROSOL CONTAINERS OF PAINT OR OTHER LIQUID SUBSTANCES CAPABLE OF DEFACING PROPERTY AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall be known and cited as the "Aerosol Paint Container Ordinance of the City of South San Francisco." SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the following terms, words, phrases and derivations shall have the meaning given herein. (a) The word "shall" is mandatory, and the word "may" is permissive. (b) "City" is the City of South San Francisco. (c) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Responsible adult" is the parent or guardian or the agent of the parent or guardian of an individual under the age of 18 years. SECTION 3. SALE TO MINORS UNLAWFUL. It is unlawful for any person to sell or give t° any individual under the age of 18 years, who is not accompanied by a responsible adult, any aerosol container of paint or other liquid substance capable of defacing property. SECTION 4. SIGNS REQUIRED. Any person engaged in the retail sale of aerosol containers of paint and other liquid substances capable of defacing property must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows: "It is unlawful for any person to sell or give to any indi- vidual under the age of 18 years, who is not accompanied by a responsible adult, any aerosol container of paint or other liquid substance capable of defacing property." SECTION. 5. POSSESSION BY MINORS PROHIBITED. It is unlawful for any individual under the age of eighteen years, who is in a public place or upon private property without consent of the owner or tenant thereof and who is not accompanied by a responsible adult, to possess an aerosol container of paint or other liquid substance capable of defacing property. SECTION 6. VIOLATIONS AND PENALTIES. Any person violating the provisions of Sections 3, 4 or 5 of this Ordi- nance shall be deemed guilty of an infraction and shall be punished as pro- vided in Government Code Section 36900. SECTION 7. SEVERABILITY. If any section, subsection, phrase or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that Ct would have passed this Ordinance and each section, subsection, phrase and clause thereof, irrespective of the fact that any one or more sections, subsections, clauses or'phrases be declared unconstitutional. SECTZON 8. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a news- paper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 6th day of August , 1980. Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 20th day of August , 1980, by the follow- ing vote: AYES: Councilmen Ronald $. A¢ostm, Emmnuele N. Damonte, Sus Ntcolopulos; and Councilwoman Roberta Cerrt Teglta NOES: Counctlmn l~rk N. Addtego ABSENT: None ATTEST: ~. Cl~er~ As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 20th day of August , 1980. Mayor e