HomeMy Public PortalAboutOrdinance 91002/07/07
ORDINANCE NO. 910
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA
ADDING CHAPTER 5.62 TO THE BEAUMONT MUNICIPAL CODE
ENTITLED "GRAFFITI IMPLEMENT SALES LICENSE"
AND ADDING CHAPTER 934 TO THE BEAUMONT MUNICIPAL CODE
ENTITLED "GRAFFITI AND RELATED VANDALISM"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS:
Section 1: Chapter 5.62, entitled "Graffiti Implement Sales License", is hereby added to
the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit
is attached hereto and made a part hereof.
Section 2: Chapter 9.34, entitled "Graffiti and Related Vandalism", is hereby added to
the Beaumont Municipal Code to read as specifically provided for in Exhibit "B", which Exhibit
is attached hereto and made a part hereof.
Section 3: This Ordinance shall take effect as provided by law.
MOVED AND PASSED upon first reading this 6th day of February, 2007, by the
following roll call vote:
AYES: Mayor Fox, Mayor Pro Tem DeForge, Council Members Dressel & Killough
NOES: Council Member Berg
ABSTAIN: None
ABSENT: None
MOVED, PASSED AND ADOPTED this 20th day of February, 2007, upon second
reading by the following roll call vote:
AYES: Mayor Pro Tem DeForge, Council Members Dressel, and Killough
NOES: Council Member Berg
ABSTAIN: None
ABSENT: Mayor Fox
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 910 duly introduced at a
regular meeting of the City Council of the City of Beaumont held on February 6, 2007, and was
duly adopted upon a second reading on February 20, 2007, by the roll call votes indicated
therein.
CITY OF BEAUMONT
By
(SEAL)
Deputy City Clerk
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EXIIIBIT "A"
CHAPTER 5.62
GRAFFITI IMPLEMENT SALES LICENSE
Sections:
Section 5.62.010 License Required
Section 5.62.010 License Required
Beginning on July 1, 2007, it shall be unlawful for any person to sell, offer for sale,
display for sale, or otherwise make available for sale within the City of Beaumont, any graffiti
implement, as that device is defined in Chapter 9.34 of the Beaumont Municipal Code, unless
that person then holds a valid annual Graffiti Implement Sales License issued pursuant to
Chapter 9.34.
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EXHIBIT "B"
CHAPTER 934
GRAFFITI AND RELATED VANDALISM
Sections:
Section 9.34.010 Purpose and Intent
Section 9.34.020 Definitions
Section 9.34.030 Prohibition of Graffiti and Related Vandalism
Section 9.34.040 Possession of Graffiti Implements, Paraphernalia or
Spray Actuator
Section 9.34.050 Prohibition of Furnishing of Graffiti Implements or
Paraphernalia to a Minor
Section 9.34.060 Commercial Display
Section 9.34.070 Penalties for Violation
Section 9.34.080 Severability
Section 9.34.090 Ordinance Shall Work in Conjunction with State Statutes
and Local Ordinances
Section 9.34.100 Reward for Information
Section 9.34.110 Graffiti Implement Sales License
Section 9.34.120 Effective Date
Section 9.34.010 Purpose and Intent
It is the purpose and intent of this Ordinance to prevent graffiti and to promote its
eradication and to prevent related vandalism, as they adversely affect property (both public and
private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths,
walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or
surfaces which contain graffiti or are subject to graffiti related vandalism. It is the further intent
of this Ordinance to fight against blight, to preserve the value of property (both public and
private) and to promote the security of the community, all of which are now being threatened by
the spread of graffiti and graffiti related vandalism.
Section 9.34.020 Definitions
A. "Graffiti and Related Vandalism." Any unauthorized inscription, word, figure,
mark, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed,
etched, scratched, marked, painted, stained, stuck on or adhered to any real or personal property
surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes,
walls. windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or
any other structures or surfaces, regardless of the nature of the material of which the surface is
composed.
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B. "Aerosol Paint Container." Any canister, can, bottle, container, or other
receptacle which contains any substance commonly known as paint, stain, dye and/or any other
pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in
order to impel, spray, eject and/or propel any such substance.
C. "Felt Tip Markers." Any implement commonly known as an indelible or
permanent ink marker and/or marking pen and/or any similar implement which contains any
pigmented substance including, but not limited to, ink or any other substance which can not be
easily and completely removed with water after said substance has dried; where the width of the
marking is 3/8 (three-eighths) of 1 (one) inch or greater.
D. "Paint Stick." Any device which contains any substance, solid or liquid,
including, but not limited to, any form of any substance commonly known as paint, stain, ink,
chalk, wax, epoxy and/or any other similar substance that is not water soluble which can be
applied to any surface by such means as applying pressure to and/or contacting any surface in
such a way as to leave any visible mark measuring at least 3/8 (three -eights) of 1 (one) inch at
any point - otherwise described as graffiti or related vandalism (as described above in Section
9.34.020.A), visible from a distance of 20 (twenty) feet. Provided, however, that this definition
of "paint stick" shall be limited to devices which create such a mark that is indelible or
permanent in nature (and cannot therefore easily and completely be removed with water after the
mark has dried).
E. "Etchers." Any tool, device, and/or other mechanism including, but not limited
to, any tool, device, and/or other mechanism commonly known as "glass etchers", "glass
cutters", "metal etchers", "cutting instrument", "drill bits" or any other instrument that can be
applied by pressure or any other contact with any surface including, but not limited to, glass,
metal, plastic, concrete or any other surface which can cause any markings commonly known as
graffiti or related vandalism (as defined above in Section 9.34.020.A).
F. "Gum Label." Any substance consisting of a material such as, but not limited to,
paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also
contains one or more surfaces containing a substance such as, but not limited to, any material
commonly known as an adhesive or glue, which can not be removed from the surface in an intact
condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps
or labels.
G. "Graffiti Implements or Paraphernalia." Any substance or material such as, but
not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels, paint ballons,
stamps or stamping devices; also including, but not limited to, spray actuators, tips (or nozzles)
which can be applied to aerosol paint containers; any records of graffiti or related vandalism
including, but not limited to, pictures, photographs, drawings, scrap books and/or other records
depicting or illustrating any forms of graffiti or related vandalism (as described above in section
9.34.020.A).
H. "Supplier." Any person(s) or entity such as, but not limited to, any business,
company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor,
retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public
in any capacity whatsoever, any graffiti implements.
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I. "Paint Balloon." Any canister, can, container, bottle or other receptacle
including, but not limited to, anything commonly known as a balloon or other receptacle made of
any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material
which contains any substance commonly known as paint, stain, dye or any other pigmented
substance intended for the purpose of defacing any property, public or private, upon impact or
contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes,
walls, windows, roofs, paths, walks, streets, under/overpasses, bridges trestles, buildings and/or
any other structures or surfaces regardless of the material of the component.
J. "Stamp or Stamping Device." Any tool, device or implement which can cause
upon impact or contact any mark (described above as graffiti or related vandalism in Section
9.34.020.A) by means of ink, paint, stain or any other substance or material including, but not
limited to, any device commonly known as a rubber stamp or similar device (whether
manufactured, hand made or devised) which cannot be easily removed with water, for the
purpose of defacing property, public or private.
K. "Spray Actuator." Any object capable of being attached to an aerosol paint
container for the purpose of spraying the substance contained therein. Common examples of a
spray actuator include, but are not limited to, terms such as "spray tip", "nozzle" or "button".
L. "Pressurized Container." Any can, bottle, spray device or other mechanism
designed to propel liquid which contains ink, paint, dye or other similar substance which is
expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion
devices.
M. "Graffiti Implements." Aerosol paint containers, felt tip markers, paint sticks,
etchers, gum labels, paint balloons, stamp or stamping devices, tips that can be attached to an
aerosol paint container, nozzles that can be attached to an aerosol paint container, or spray
actuators as defined in this ordinance
Section 9.34.030 Prohibition of Graffiti and Related Vandalism
A. It is unlawful for any person or group of persons to commit any overt act resulting
in or attempting to result in the application of graffiti or the engaging in or attempting to engage
in an act of related vandalism (as set forth above in Sec. 9.34.020.A) including, but not limited
to, any of the following acts:
1. Any act such as drawing, scribing, etching, scratching, marking, painting,
staining, sticking on or adhering to any real or personal property surface, public or
private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls,
windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or
any other structures or surfaces.
2. Any act of participation in applying graffiti such as, but not limited to,
conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an
act of related vandalism, including, but not limited to, acting as a "look -out", regardless
of the fact the "act" was not actually witnessed.
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3. Any person who knowingly allows any acts of graffiti or related
vandalism to occur on or to any property over which he or she has control as owner,
tenant or possessor and who thereafter fails to promptly report such acts to the proper
authorities is guilty of being a principal to the crime.
Exception: Any mural or work of art approved by the City through a design review or
planning process and requiring proper permits prior to commencement of any work, shall
not constitute graffiti.
B. It is unlawful for any person, business, company, or other entity which owns or
otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot,
walkway or any other structure or real property to knowingly allow or permit any graffiti or
related vandalism to be placed on, or to take place on, any such structure or property where the
graffiti and/or results of the vandalism are visible from any public right of way.
C. Graffiti and/or graffiti related vandalism which appears on property and/or
structures where such graffiti or related vandalism is visible from a public right of way shall be
deemed to be a public nuisance and shall be subject to abatement as provided for in Beaumont
Municipal Code, Chapter 8.32.
Section 9.34.040 Possession of Graffiti Implements, Paraphernalia or Spray Actuator
A. It is unlawful for any person under the age of 18 years to possess any graffiti
implement, paraphernalia or spray actuator with the intent of applying graffiti markings or
engaging in related vandalism.
Exceptions:
1. Any minor enrolled in any education class which requires otherwise legal
possession of any graffiti implement, paraphernalia or spray actuator provided the minor
is carrying written verification of any such requirements including color(s), size(s), and
quantity, and written consent from his or her parent or lawfully designated custodian -
dated and signed.
2. Any minor whose employment requires possession of any graffiti
implement, paraphernalia or spray actuator provided minor is carrying written
verification of any such job requirements including color(s), size(s), quantity, job
information and purpose, and written consent from the employer - dated and signed.
B. It is unlawful for any unauthorized person to possess any graffiti implement,
paraphernalia or spray actuator while in, on, at or about any public property, including, but not
limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school
district facilities, libraries, court houses, utility stations, storm drains or any other publicly
owned, operated and/or maintained facility.
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Section 9.34.050 Prohibition of Furnishing of Graffiti Implements or
Paraphernalia to a Minor
It is unlawful for any person, firm or corporation, other than the parent or lawfully
designated custodian of the minor, to sell, loan, give, exchange or otherwise furnish any aerosol
paint containers, paint sticks or etchers to any person under the age of 18 years without the
advanced written consent (in possession) from the parent or lawfully designated custodian of
said minor.
Section 9.34.060 Commercial Display
A. It is unlawful for any supplier to display any graffiti implement, paraphernalia or
spray actuator including any such tool, device, material or substance including, but not limited
to, aerosol paint containers, felt-tip markers, paint sticks and/or etchers, in such a way as to be
accessible by anyone who is not an employee or other authorized personnel pending lawful
distribution of said implement or product. In the absence of constant supervision or surveillance
by responsible personnel, said graffiti implement, paraphernalia or spray actuator shall be kept in
a locked area not accessible to members of the public but may be displayed in plain view of
potential retail customers.
B. It is unlawful for any supplier to store, stock or display any graffiti implement,
paraphernalia or spray actuator in such a way as to be handled (or be removable) by anyone who
is not an employee or authorized personnel for purposes of demonstration, advertising or other
display. In the absence of constant supervision or surveillance by responsible personnel, said
graffiti implement, paraphernalia or spray actuator shall be kept in a locked area not accessible to
members of the public but may be displayed in plain view of potential retail customers.
C. It is unlawful for any supplier to display any graffiti implement, paraphernalia or
spray actuator outdoors in a nonpermanent structure or facility; unless displayed in an area under
constant supervision or surveillance by responsible personnel or in a lock-up device, i.e., a
locked metal, glass or other similar cage or case, securely fastened to the ground so as not to be
able to be caused to slide, roll, be lifted or otherwise moved more than 2 (two) inches in any
direction. All lock-up devices shall maintain a minimum size as follows: height of 36" (thirty-six
inches), width (or length) of 72" (seventy-two inches), depth of 18" (eighteen inches), or greater,
with no more than 1 (one) opening side.
D. All suppliers doing business in the City of Beaumont shall display one or more
signs stating substantially the following:
Must Be 18 Years Of Age To Purchase. Must Have Valid I.D. To
Purchase. Any Person Who Maliciously Defaces Real Or Personal Property
With Graffiti Or By Related Vandalism Is Guilty Of A Misdemeanor
Punishable By Fine, Imprisonment, Or Both, And May Also Be Held
Responsible For Payment Of Restitution To The Victim.
All signs must be at least 10" (ten inches) by 16" (sixteen inches), with letter size of at least 1"
(one inch), and posted in a conspicuous place within 3' (three feet) of said implement or product.
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E. It shall be the joint and individual responsibility of the supplier, vendor, property
owner, property manager, store manager and/or district manager or corporate officer to comply
with any and all applicable sections of this Ordinance.
Section 9.34.070 Penalties for Violation
A. A violation of this Ordinance is a misdemeanor or an infraction as hereinafter
specified.
1. A violation when charged as a misdemeanor shall be punishable by a fine
of up to one thousand dollars ($1,000) or up to six months in the County Jail, or both
and/or community service to abate graffiti. For the purpose of community service, where
the defendant is a minor, one parent or guardian shall accompany the minor in the
performance of said service unless excused by the court upon a showing of good cause.
Payment of any fine or completion of a jail term shall not relieve a person from the
responsibility of correcting the violation.
2. A violation for a first time offense only, may be charged as an infraction
and shall be punishable by a fine not exceeding one hundred dollars ($100). Payment of
any penalty herein shall not relieve a person from the responsibility for correcting the
violation and the court may, in addition to any fine imposed or in lieu of imposing a fine,
order the party to perform community service to abate graffiti. For the purpose of
community service, where the defendant is a minor, one parent or guardian shall
accompany the minor in the performance of said service unless excused by the court upon
a showing of good cause.
B. As a part of any sentence imposed, the court may also order that restitution be
paid to the victim by the admitted or convicted perpetrator and, in the case of a perpetrator who
is a minor, by the minor's parent or lawfully designated guardian or custodian.
C. Upon conviction, the perpetrator and/or parent or lawfully designated guardian or
custodian may be required to enroll in and attend a diversionary program - possibly requiring
liability waivers and/or payment towards all or a portion of the cost of the program, as such costs
shall have been established by the Board of Supervisors of the County of Riverside.
Section 9.34.080 Severability
If any portion, provision, section, paragraph, sentence, or word of this Ordinance is
rendered or declared to be invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining portions, provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall
be interpreted by the court so as to give effect to such remaining portions of the Ordinance.
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Section 9.34.090 Ordinance Shall Work in Conjunction With State Statutes and
Local Ordinances
This Ordinance shall be interpreted so as to work with and in conjunction with (when and
where applicable) any and all state and/or local ordinances relating to the control of graffiti
and/or related vandalism, including, but not limited to, Sections 594, 594.1, 594.2, 594.3, 594.5,
594.6, 594.7, 594.8, 640.5, 640.6, 640.7, 640.8 of the California Penal Code; Section 1714.1 of
the California Civil Code; Section 53069.3 of the California Government Code; and Beaumont
Municipal Code, Section 8.32.
Section 9.34.100 Reward for Information
The City Council determines that rewards for any information leading to the
identification, apprehension and conviction of any person who has placed graffiti upon any
public or private property within the City of Beaumont shall be in a range from one hundred
dollars ($100) to one thousand dollars ($1,000), to be specifically determined by the City
Manager or that person's designee, and the Chief of Police, or that person's designee, based on
the severity of the crime. The identity of those seeking rewards shall be considered confidential
and shall not be released to members of the public. The City Council reserves the right to require
that the convicted offender reimburse the City for any reward paid, and place the responsibility
for such reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.
Section 9.34.110 Graffiti Implement Sales License
A. Beginning on July 1, 2007, it shall be unlawful for any person to sell, offer for
sale, display for sale, or otherwise make available for sale within the City of Beaumont any
graffiti implement unless that person then holds a valid annual Graffiti Implement Sales License.
A valid annual Graffiti Implement Sales License will hereinafter be referred to as a "GIS
License."
B. Each GIS License shall cover an annual period that extends from the beginning of
the day on July 1 until the end of the day on June 30 of the following year. A GIS License shall
be obtained in advance (in the manner specified by this Ordinance) by any person who intends to
sell any graffiti implement during a particular annual period (or during any part of that annual
period).
C. The issuing department for GIS Licenses will be the Office of Code Enforcement
for the City of Beaumont. Upon the submission to Code Enforcement of a properly filled -out
application for a GIS License (and the payment of the annual regulatory fee for a GIS License),
the City shall issue a GIS License to the applicant. In order to obtain the issuance of a GIS
License for a particular annual period, the applicant shall submit its application and pay its fee no
earlier than the April 1 date (that is three months prior to the commencement of the annual
period for which the GIS License is being requested) and no later than June 29 (of the annual
period for which the GIS License is being requested). If a GIS License is issued after July 1 of
the annual period for which the license is issued, it shall not have the retroactive effect of
legalizing any unlawful act or omission (regarding graffiti implements) that may have occurred
between July 1 and the date of license issuance.
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D. The annual regulatory fees for GIS Licenses shall be used to fund the following
activities and operations of the City: they shall be used to fund efforts to identify and compile a
list of those individuals and companies that are selling or otherwise furnishing graffiti
implements or paraphernalia (within the meaning of Sections 9.34.050 and 9.34.060 of this
Ordinance); they shall be used to fund efforts to compile a list of the stores and other locations
from which graffiti implements or paraphernalia are being sold or otherwise furnished (within
the meaning of Sections 9.34.050 and 9.34.060 of this Ordinance); they shall be used to fund the
monitoring of such sellers or furnishers in order to confirm that they are not selling or furnishing
graffiti implements or paraphernalia to minors (without receiving the prior written consent of the
parents or lawful custodians of those minors) within the meaning of Section 9.34.050 of this
Ordinance; they shall be used to fund the monitoring of such sellers or furnishers in order to
confirm that they are storing. stocking, and displaying their stock of graffiti implements and
paraphernalia in a manner that is inaccessible (within the meaning of Sections 9.34.060.A, B and
C of this Ordinance); they shall be used to fund the monitoring of such sellers or furnishers in
order to confirm that they are properly displaying the sign that is required by Section 9.34.060.D
of this Ordinance; and they shall be used to fund the costs of administering the City's GIS
License program.
E. By March 31, 2007, and by March 31 of each succeeding year, the Office of Code
Enforcement for the City shall cause to be estimated (for the annual period beginning
approximately three months later) the sum total of funds that will be necessary to fund the
regulatory activities and operations described above in Section 9.34.110.D, and it shall cause to
be estimated (for the annual period beginning approximately three months later) the sum total of
separate locations from which graffiti implements or paraphernalia will be sold, offered for sale,
displayed for sale, or otherwise made available for sale. Under no circumstances shall the annual
regulatory fee per location (for a GIS License) exceed a dollar amount that is equal to the
number obtained by dividing the sum total of such estimated separate locations into the sum total
of such estimated funds. If a person sells graffiti implements or paraphernalia, offers them for
sale, displays them for sale, or otherwise makes them available for sale out of more than one
separate location during a particular annual period, that person must submit an application for
each and everyone of those separate locations, and that person must pay the annual regulatory fee
for each and every one of those separate locations.
F. A violation of Section 9.34.110 of this Ordinance is enforceable in the following
manner:
1. A violation of Section 9.34.110 of this Ordinance may be charged as either
an infraction or a misdemeanor. If charged as an infraction, such a violation is
punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine
not exceeding two hundred dollars ($200) for a second violation within one year, and a
fine not exceeding five hundred dollars ($500) for each additional violation within one
year. If charged as a misdemeanor, a violation of Section 9.34.110 of this Ordinance is
punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in
the County Jail not exceeding six months, or by both such fine and imprisonment.
Payment of any fine or completion of any jail term shall not relieve a person from the
responsibility of correcting the violation.
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2. A violation of Section 9.34.110 of this Ordinance shall constitute a public
nuisance.
3. A violation of Section 9.34.110 of this Ordinance may be enforced
through a civil action to recover the annual regulatory fee for a GIS License, for
damages, for injunctive relief, or for any other civil remedy whatsoever.
4. All criminal, administrative, civil, and other remedies mentioned in
Section 9.34.110 of this Ordinance shall be cumulative and not exclusive.
5. Violations of Sections 9.34.030, 9.34.040, 9.34.050 or 9.34.060 of this
Ordinance shall be govemed by Section 9.34.070 of this Ordinance.
Section 9.34.120 Effective Date
This Ordinance shall be effective 60 days after the date of adoption.
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IN THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
NO. 137
Notice of City of Beaumont - City Council
Ordinance No. 910
STATE OF CALIFORNIA
County of Riverside } SS
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the above entitled
matter. I am the principal clerk of the
printer of
The Weekly Record Gazette
a newspaper of general circulation, printed
and published weekly in the City of Ban-
ning, County of Riverside and which
newspaper has been adjudged a newspa-
per of general circulation by the Superior
Court of the County of Riverside, State of
California, under date of
October 14, 1966. Case Number 54737,
that the notice, of which the annexed is a
printed copy, has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates -to -wit.
03/02
all in the year 2007
I certify (or declare) under penalty of per -
the foregoing is true and correct.
This space for County Clerk's Filing Stamp
signature
Date 03/02/07