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HomeMy WebLinkAboutItem No. 36CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: March 23, 1993 SUBJECT: Graffiti Ordinance BACKGROUND At the City Council Meeting of March 9, 1993, a proposed Graffiti Ordinance was presented for your consideration. At that time staff was directed to revise the ordinance to include penalty provisions, rewards and verbiage to prohibit minors from purchasing spray cans. Attached is the revised. Ordinance prepared by City Attorney. Harper. RECOMMENDATION Adopt Ordinance No. 950. PREPARED BY: APPROVED FOR AGENDA LIS A0`_N'DA 1TEfi NO. X:.. ORDINANCE NO. ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA WITH REGARD TO THE CONTROL AND REMOVAL OF GRAFFITI THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: 9.52.010. Purpose. The purpose of this Chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City, which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti. 9.52.020. Graffiti Defined. For the purposes of this Chapter, graffiti shall mean the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places. 9.52.030. Unlawful Activities and Duties of Removal. In additional to the crime defined by Penal Code Section 594, it shall also be unlawful for any person who applied graffiti not to remove the same within twenty-four hours of its application. It shall be a misdemeanor for each and every day that the graffiti remains unremoved. Persons applying graffiti shall be responsible for the costs of removal of said graffiti incurred pursuant to Section 9.52.050. Parents shall be responsible for the removal of graffiti and /or for said costs of removal when the graffiti has been applied by his and /or her minor child. Violation of Penal Code Section 594 is punishable by imprisonment in State prison or in County jail for a term up to one year and /or by a fine of up to $50,000. Pursuant to Civil Code Section 1714. 1, parents maybe liable for damages up to $10,000 for vandalism of minor child. 9.52.040. Sale and Possession of Pressurized Paint Cans. The following regulation shall apply to the sale and possession of pressurized paint cans in the City: 4 AGEtZA ITEff NC,. _Q — (1) No person firm or corporation shall sell or give, or in any way furnish any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years, and no person under the age of eighteen years shall purchase a pressurized can containing paint or dye. (2) No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in °'any public park, playground, swimming pool or recreational facility in the City. This section shall not apply to authorized employees of the City or an individual or authorized employee of, any individual, agency or company under contract with the City. (3) This Section shall not apply to furnishing of six ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of the minor's parent, guardian, instructor or employer, which is used for a not otherwise unlawful purpose. (4) Every retailer offering sale or selling aerosol containers of paint or dye comparable of defacing property shall post in a conspicuous place a sign in letters at least three - eights of an inch high stating; "Any person who maliciously defaces real or personal property with permit is guilty of vandalism which is punishable by fine, imprisonment or both. 9.52.050. Removal of Graffiti. Graffiti may be removed by application of any of the following methods: (1) Whenever the City Manager or his /her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this City so as to be capable of being viewed by persons utilizing any public right -of -way in this City, the City Manager, or his/her designated representative, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: (A) In removing the graffiti, the painting or repair of a more extensive area shall not be authorized. (B) Where a structure is owned by a public entity other than this City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure. (C) Where a structure is privately owned, the removal of the graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the consent of the owner. 9.52.060. Public Nuisance. The City Council does hereby find that graffiti is a public nuisance and authorizes abatement by the procedures set forth in Chapter 8.18 of this Code, in addition to any other remedies available. E AGENDA iTEf ' N3. PA%E—N;f— OF--'z,5— . 9.52.070. Rewards. The City Council may provide $100 to $1000 subject to approval by City Manager, by resolution, for information leading to the identification, apprehension and conviction of any person who applies graffiti within this City. - PASSED, APPROVED AND ADOPTED this day of 1993, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: GARY WASHBURN, MAYOR CITY OF LAKE ELSINORE VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER, CITY ATTORNEY x: :z ACEt 'A T " STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } CITY OF LAKE ELSINORE } I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance being Ordinance No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at the meeting of said City Council held on the day of , 1993, and that' the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Executed this day of , 1993, at Lake Elsinore, California [SEAL] VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA Jil h: PAGE OF