Palmdale Orders Stores to Lock Up Spray Paint

Prompted by an alarming increase in graffiti vandalism, the Palmdale City Council approved an aggressive ordinance requiring store owners to keep aerosol spray-paint cans in locked display cases to prevent theft.

The new law, which takes effect March 5, comes on the heels of a recent state Supreme Court ruling that upheld a similar Los Angeles city ordinance.

The council voted unanimously Thursday to approve the so-called Aerosol Paint Ordinance, which directs businesses selling containers of paint that are capable of defacing property to keep them locked up. The aim is to prevent theft by minors who cannot legally buy them.

State law makes it a misdemeanor to sell aerosol paint to minors, prohibits minors from buying aerosol paint and requires retailers to post a warning that graffiti vandalism is punishable by a fine or jail time.

However, the effect of the Palmdale ordinance may be limited because nearby Lancaster has no such law and no plans to pass one, allowing those thwarted in Palmdale to try their luck in Lancaster.

“We have been discussing an ordinance, but we are not certain we will see one soon,” said Dennis Davenport, Lancaster’s assistant city manager. Davenport admitted that the graffiti problem in Lancaster is escalating “at a pace we see is frightening.” He added that the city has worked with Palmdale to confront the problem.

However, law enforcement officials believe that since many youths under 18 don’t drive, the likelihood of their traveling to Lancaster for spray paint is slim.

“This is a giant step in the right direction,” said Sgt. Greg Collins, supervisor of the gang unit at the Antelope Valley Sheriff’s Station. He added that thanks to community awareness and involvement, graffiti arrests have increased.

“The citizens of this valley are fed up with graffiti, and are taking measures to prevent it. Their efforts have produced results,” he said.

Meanwhile, the county counsel is drafting an ordinance similar to Palmdale’s, which would limit the availability of spray paint cans in the county’s unincorporated areas, many of which are in the Antelope Valley.

Lori Howard, a deputy in county Supervisor Mike Antonovich’s office, said the ordinance will be made law within three months. Charter cities are not under the county’s jurisdiction, so the ordinance will not apply to Lancaster.

But Palmdale Mayor James Ledford said that Lancaster will sooner or later follow suit. “This is something the citizens were looking for, something fast in response to the problem,” he said.

“I think Lancaster will do the same thing, ultimately,” he said. “We watch each other, and what works for one city usually works for the other. I think the results will be apparent, and consistency among city and county is important.”

Because the ordinance takes effect in March, store owners have time to obtain the appropriate security display case, said Terry Stubbings, a community-relations officer with the city.

Proprietors have been supportive so far, she said, but those who don’t place aerosol paint cans under lock and key face a misdemeanor charge.

Some store owners have already instituted ingenious ways to thwart the thieves.

Mark Oppliger, a store manager at the Kmart on Palmdale Boulevard, said his exterior walls have been spray-painted numerous times, probably with cans stolen inside.

“We tried to correct the problem by taking the aerosol nozzles off the spray paint cans,” Oppliger said.

“If they can prove they’re over 18, they get a nozzle when they buy a can,” he said. The tactic has met with success.

Oppliger has ordered a security showcase with sliding glass doors secured by lock and key.

“I’d rather not lock it up,” he said. “I think the nozzle method helped, but I live here and I’m tired of the graffiti. We don’t sell aerosol paint to people under 18, but there is theft, so a stronger measure had to be taken. I understand that.”