Anti-Graffiti Ordinance Would Put Merchants on Notice : Law enforcement: Stores would have to keep spray paint and markers under lock and key, and possession would be restricted.

WHITTIER —  Merchants would have to lock up their supplies of spray paint and wide-tip markers under a proposed anti-graffiti ordinance presented to the City Council this week.

The ordinance also would prohibit children and adults from possessing these materials in parks, playgrounds, swimming pools, city buildings and other public areas. Graffiti taggers could be cited for having markers or spray paint in such places as bridge abutments and storm drains.

The ordinance is needed because current state and county anti-graffiti laws apply only to juveniles, Whittier Police Chief Brad Hoover told council members Tuesday. The city also needs the authority to crack down on adult vandals, he said.

Mayor Bob Henderson and other council members indicated they liked the ordinance, which could return to the council for approval as soon as next week. The ordinance would take effect 30 days after passage.

“It’s real important to do it now,” Henderson said, pointing out a steady rise in local graffiti vandalism. State laws prohibit the sale of spray paint to anyone younger than 18. Merchants also have to display a warning that graffiti vandals are subject to criminal prosecution. Whittier’s proposed ordinance goes a step further in requiring merchants to place paint and markers under lock and key. The goal is to deter shoplifters.

Merchants who violate the ordinance would face misdemeanor charges, which carry a maximum penalty of a $500 fine and six months in jail.

The proposed ordinance has drawn mixed reactions from paint vendors.

Scott Carmichael, co-owner of Battels Hardware and Tool Store on Whittier Boulevard, said the ordinance would hurt business and require needlessly costly security measures.

“It hurts legitimate sales,” Carmichael said. The city “needs to crack down on the ones who are doing it instead of slapping their wrists.” Carmichael said he is already careful to store paint where his clerks can watch for shoplifters.

Charlie Demonet, a customer at Carmichael’s store, disagreed.

“I’ve had my house spray-painted, so I think it’s a good idea,” Demonet said.

The owners of Whittier Paint and Wallpaper, Sherril Neece and Jeff Langan, said they are already installing locked cabinets because taggers regularly steal paint and markers.

“It’s inconvenient, but it’s worth it to stop graffiti,” Neece said at his downtown Whittier store. “We’ll do anything we can to help.”

Two weeks ago, thieves broke into their store at night and stole more than 60 cans of spray paint, Langan said.

The store also has problems with shoplifting. “Four or five (teen-agers) came in and were robbing us blind. . . . We had to call the police,” Langan said.

The proposed ordinance is one of several recent measures city officials have considered to combat graffiti. In January, the City Council approved an ordinance that would require property owners to pay for graffiti removal from buildings that are regular targets of taggers. The city also began a program offering cash rewards for tips leading to the arrest of taggers.

Police have arrested three suspects as a result of the reward program, Director of Public Works David Mochizuki said. In all, police collared 30 suspected graffiti vandals, including two adults, in January and February.

The city also bills parents for the cost of removing their children’s graffiti. This year the city has billed $1,740 to the parents of 15 alleged taggers. The highest fee was $325.98, police said.

The fees are evidence of both increased enforcement efforts and a growing problem, officials said. The city has already far surpassed last year’s total of $1,189 billed to parents for graffiti removal after the program began in April.

City officials also are researching other measures that might help control graffiti. These include regulating the sale of other materials used by taggers and sentencing the parents of graffiti vandals to community service.