2007-20
BILL NO. 2007-20
ORDINANCE AMENDMENT TO CHAPTER IX OF THE CITY CODE OF
THE CITY OF RICHFIELD ADDING NEW SECTION 935 RELATING TO
THE SALE OF SPRAY PAINT AND SIMILAR ITEMS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter IX of the Richfield City Code is amended to add the following new
Section 935:
935.01. Sale or transfer to minors. No person seventeen (17) years of age or under
may possess or buy any spray paint, paint sticks, or one-half (1/2) inch or larger broad-
tipped markers. No person in the business of selling or promoting the sale of spray paint,
paint sticks, or % inch or larger broad-tipped markers, nor the agent or employee of any
such person, may sell or transfer possession of spray paint, paint sticks, or % inch or
larger broad-tipped markers to a person seventeen (17) years of age or under.
. I
935.03. Exceptions. Subdivision. 1. Consent from parent or Quardian. A person may sell
or transfer possession of spray paint, paint sticks, or % inch or larger broad-tipped markers
to a person seventeen (17) years of age or under ifthe minor presents the written consent
of the minor's parent or guardian. Such consent must contain the name, address and
telephone number of the parent or guardian.
Subd. 2. Specific uses. This section does not apply if the spray paint, paint stick, or
% inch or larger broad-tipped marker is sold, delivered, or given away simultaneously with
and as part of a kit used for the construction of model airplanes, model boats, model
automobiles, model trains, or other similar models.
935.05. StoraQe of Items. Subdivision. 1. Visibility. A person who owns, conducts,
operates, or manages a commercial establishment offering for sale spray paint, paint
sticks, or % inch or larger broad-tipped markers must store such items in an area that is
continuously observable, through either direct visual observation or surveillance
equipment, by employees of the establishment during regular business hours.
Subd. 2. Accessibility. If a commercial establishment is unable to store spray paint,
paint sticks or % inch or larger broad-tipped markers in an area as provided in subdivision
1 above, the establishment must store the items in an area that is not accessible, without
employee assistance, to the public during regular business hours. This subdivision does
not preclude an establishment from otherwise storing the spray paint, paint sticks or % inch
or larger broad-tipped markers in a storage room that is not accessible to the public
without employee assistance.
Subd. 3. SiQn. All commercial establishments in the business of selling or
promoting the sale of spray paint, paint sticks, or % inch or larger broad-tipped markers
must display a sign, in clear view, with a minimum letter size of one inch, that reads: "We
1.0. No Spray Paint Sales to Minors."
935.07. Removal of Graffiti. Property owners and businesses, or those entities or persons
who have authority over property or are responsible for a property's maintenance or
management, must remove or cover graffiti within 48 hours of its occurrence.
935.09. Enforcement. Subdivision 1. Compliance Checks. The City will conduct annual
compliance checks of all commercial establishments to which this Section applies.
Subd. 2. Penaltv. The City may impose a civil fine for violations of this Section or
prosecute violations as a misdemeanor. Civil fines for non-compliance will be pursuant to
Resolution adopted by the Richfield City Council. The City may impose penalties against
either the employee of the commercial establishment who violates this Section or against
the commercial establishment itself.
Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 13th day of
November 2007.
'MIL(ifl;
Debbie Goette, Mayor
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for _ilne_ successive
week(s); it was first published on Thurs-
day, the ~ day of November ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hij klmnopq rstuvwxyz
~4:
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
November , 2007
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-3Hl9
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2007 20
AN ORDINANCE RELATING TO THE SALE OF SPRAY
PAINT AND SIMILAR ITEMS
AN ORDINANCE AMENDMENT TO CHAPTER IX
ADDING NEW SECTION 935 WHICH PERTAINS TO
THE SALE OF SPRAY PAINT AND SIMILAR ITEMS
The purpose of this ordinance is to regulate the sale
or transfer of various paint equipment, except as specified
in the new ordinance; give guidance for storage and slg-
nage for the sale of the equipment; place demands on the
removal of the graffiti that mayor may not be related to the
direct sale of the products; and establish enforcement and
penalties that the commercial establishments would face
if there is non-compliance with the City Code, Section 935.
Copies of the ordinance are available for public in-
spection in the Public Safety Department, Police Division,
during normal business hours or upon request by calling
Lt. Jay Henthorne at 612/861-9828.
Adopted by the City Council of the City of Richfield,
Minnesota this 13th day of November, 2007.
/s/
Nancy Gibbs, City Clerk
( Nov. 22,2007) d2-bill 2007-20