ORDINANCE NO. 480 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA AMENDING CHAPTER 4 OF TITLE VI OF THE LOMITA MUNICIPAL CODE TO ADD A NEW SECTION 6-4.21 REGARDING SALE OF AEROSOL PAINT CONTAINERS 

WHEREAS, the City Council is concerned with regulation of graffiti; and 

WHEREAS, Penal Code Section 594.1 prohibits the sale of aerosol paint containers to individuals under 18 and Penal Code Section 594.5 provides that local government may regulate the sale of aerosol paint containers; and 

WHEREAS, the City Council finds that the state ban on sale or aerosol paint containers to minors does not provide sufficient protection especially when aerosol paint containers are displayed in places where minors may have easy access to them; and 

WHEREAS, the City Council has determined that it will discourage graffiti within the City of Lomita to require that aerosol paint containers be kept in secure areas which are not available to the public to discourage their availability to minors; 

The City Council of the City of Lomita, California does ordain, find and declare as follows: 

Section 1.  The Lomita Municipal Code is hereby amended to add a new section 6-4.21 to Chapter 4 of Title VI to the Lomita Municipal Code which shall read as follows: 

Section 6-4.21  Storage of Aerosol Paint Containers. 

              “Any business or establishment offering for sale to the public aerosol paint containers shall keep, store and maintain such containers at all times in a place that is locked and secure, or otherwise made unavailable to the public. 

              “Violation of this section shall be an infraction punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred ($200) dollars for a second violation within one year and a fine not exceeding five hundred dollars ($400) for each additional violation occurring within one year from the second violation.   The City Administrator or his or her designee shall be empowered to issue citations for violation of this section. 

Section 2.  This ordinance shall take effect thirty (30) days after the date of its passage and prior to fifteen (15) days after its passage, the City Council shall cause a copy of this ordinance to be published in accordance with the provisions of the law.

ORDINANCE NO. 478 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA ADDING A NEW SECTION 5-6.11 TO CHAPTER 5 OF TITLE V OF THE CITY’S MUNICIPAL CODE REGARDING  A PUBLIC PROGRAM FOR REMOVAL OF GRAFFITI 

WHEREAS, the City Council has determined that graffiti on privately owned property remains a continuing problem creating an aesthetic blight o the community; and 

WHEREAS, the City Council has determined that in many circumstances it will serve an important public purpose to use public funds to assist in eliminating graffiti from private property in order to improve the aesthetics of the community, discourage crime and to create an atmosphere of public order and safety in the community; 

The City Council of the City of Lomita, California, does ordain, find, and declare as follows: 

SECTION I.  A new section 5-6.11 is added to Chapter 6 of Title V of the Lomita Municipal Code to read as follows: 

“SECTION 5-6.11 PERMISSIVE REMOVAL. 

              The City Administrator at his or her discretion may authorize removal of residential graffiti from perimeter walls at City expense whenever the property owner and occupants of the graffiti afflicted property consent to the entry of the City graffiti cleaning crew and sign a release and indemnification on a form approved by the City Attorney releasing the City from all liability resulting from the entry of city employees on the property and their removal of graffiti.  City Council may, if it so chooses, by resolution authorize a fee for these services. 

SECTION II.  If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of the ordinance.  The City Counsel hereby declares that it would have passed this ordinance in any section, subsection, sentence, clause and phrase thereof, irrespective of the fact that nay one or more sections, subsections, sentences, clauses or phrases be determined invalid or unconstitutional. 

SECTION III.  This ordinance shall take effect 30 days after the date of this passage; and prior to 15 days after its passage, the City Clerk shall cause a copy of this ordinance ot be published in accordance with the provisions of law.