HomeMy WebLinkAboutOrdinance No. 09-O9ORDINANCE NO. 09-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL- CODE, BY -
ADDING SECTIONS 46-324 AND 46-325 RELATING TO POSSESSION AND
USE OF AEROSOL SPRAY PRODUCTS BY A MINOR
WHEREAS, the City of Azusa ("City") is empowered by California Constitution Article
XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City has become aware of the dangers associated with the possession
and use of aerosol spray products for the purpose of becoming under the influence of such
substances; and
WHEREAS, such improper possession and use of aerosol spray containers is especially
dangerous and widespread among minors, and significantly impacts the health, safety, and
welfare of City residents; and
WHEREAS, the City Council desires to protect its residents and minors from the dangers
resulting from such improper possession and use of aerosol spray products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLOWS:
SECTION 1. Section 46-324 is hereby added to the Azusa Municipal Code to read
as follows:
Sec. 46-324. Possession of Aerosol Spray Products by a Minor Without Express
Consent.
It shall be unlawful for a person under the age of eighteen (18) years to be in
possession of an aerosol spray product or other inhalant that may be used for the
purpose of becoming under the influence of such substance, without the express,
written consent of that person's parent or legal guardian.
SECTION 2. Section 46-325 is hereby added to the Azusa Municipal Code to read
as follows:
Sec. 46-325. Possession and Use of Aerosol Spray Products by a Minor
It shall be unlawful for a person under the age of eighteen (18) years to be in
possession and use an aerosol spray product or other inhalant, that is not intended
to be used pursuant to the instructions or prescription of a licensed health care
provider or that is not intended to be used pursuant to the manufacturer's label
instructions, for the purpose of becoming under the influence of such substance.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
SECTION 4. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 6. PUBLICATION.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted
as required by law.
PASSED, APPROVED, AND ADOPTED this 2151 day of December 2009.
seph P. Rocha, Mayor
2
ATTEST:
Vera Mendoza, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I VERA MENDOZA, City Clerk for the City of Azusa hereby certify that the forgoing
Ordinance No, 09-09, was duly introduced and placed upon its first reading at a regular meeting
for the City Council of the City of Azusa held on the 7h day of December, 2009 and that
thereafter, said ordinance was duly adopted and passed at a regular meeting of 2151 day of
December, 2009, by the vote of the Council.
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Vera Mendoza City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho City Attorney