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HomeMy WebLinkAboutOrd. No. 2000-1071 ORDINANCE NO. 1071 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.52 OF THE MUNICIPAL CODE PERTAINING TO GRAFFITI AND ESTABLISHING REQUIREMENTS RELATING TO THE STORAGE AND USE OF AEROSOL PAINT CONTAINERS, DYE CONTAINERS, MARKERS, AND TOOLS OR INSTRUMENTS CAPABLE OF INSCRIBING OR ETCHING GLASS, METAL, CONCRETE OR WOOD THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the proliferation of graffiti in this City, the surrounding communities and throughout the County of Riverside is a great burden on the resources of this and other communities in terms of the costs of clean-up materials and labor to remove evidence of graffiti from public rights-of-way, public vehicle traffic control signage as well as private property; and WHEREAS, the blight caused by graffiti may also create adverse economic impacts by lowering property values, discouraging property development and investment, and reducing sales and property tax revenues; and - WHEREAS, it is imperative that reasonable steps be taken to restrict the ease with which unsupervised juveniles may acquire aerosol paint containers, dye containers, markers with tips larger than a ~ inch in width and tools or instruments capable of scarring glass, metal, concrete or wood; and WHEREAS, it is believed that the storage of aerosol paint containers, dye containers, markers and instruments capable of scarring glass, metal, concrete or wood in a locked or secured area of the business offering them for sale, accessible only by employees of such businesses, may result in a reduction of the incidence of graffiti vandalism; and WHEREAS, the possession by unsupervised minors of aerosol paint containers, and the other graffiti implements addressed in this ordinance, directly contributes to the presence of graffiti which so degrades this City and the greater community; WHEREAS, the prompt removal of graffiti from structures and property can reduce the adverse impacts graffiti has on the community. NOW, THEREFORE, The City Council of the City of Lake Elsinore, California, does hereby ordain as follows: - SECTION 1. Title 9 of the Lake Elsinore Municipal Code is amended by amending Chapter 9.52 to read as follows: Chapter 9.52 GRAFFITI Sections: 9.52.010 9.52.020 9.52.030 Purpose. Definitions. Sale of aerosol paint containers, dye containers, certain marking pens and other graffiti implements. 9.52.050 9.52.060 9.52.070 9.52.080 9.52.090 9.52.100 Display of aerosol paint containers, dye containers, marking pens and other graffiti implements. Possession prohibited. Unlawful activities and duties of removal. Removal of graffiti by property owner. Removal of graffiti by City. Public nuisance. Rewards. 9.52.040 - 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 Definitions. As used in this chapter, the following terms shall have the meanings set forth herein: A. Aerosol paint container. Any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property. B. Marker or marking pen. Any indelible marker or similar implement containing ink with a tip which, at its broadest width, is one-quarter inch or greater. c. Graffiti. Any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface, without the express permission of the owner or owner's representative of such surface, regardless of the nature of the material of which the surface is composed. - D. Graffiti implement. Any item capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, dye containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools or other instruments capable of scarring glass, metal, concrete or wood. E. Owner's Representative. Any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures or designs upon such property, or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property. F. Paint stick. A device containing a solid form of paint, wax, epoxy or other similar substance capable of being applied to a surface by pressure. G. Spray actuator. A spray tip, spray nozzle, spray button or any other object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. 9.52.030 Sale of aerosol paint containers, dye containers, certain marking pens and other graffiti implements. It shall be unlawful for any person to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized can or other container commonly known as an aerosol paint container, dye container, any marker and other graffiti implements to anyone under the age of eighteen (18) years, unless such juvenile is in the presence of his or her parent or guardian, or as part of a school district art or similar class assignment. It shall be unlawful for anyone under the age of eighteen (18) years to purchase or otherwise obtain any aerosol paint container, dye container, any marker and other graffiti implements unless such minor is in the presence of his or her parent or guardian. 9.52.040 Display of aerosol paint cans, dye containers, marking pens and other graffiti implements. A. Any business or establishment offering for sale to the public any paint or dye packaged in aerosol paint containers, dye containers, markers and other graffiti implements shall keep, store and maintain such aerosol paint containers, dye containers, markers and other graffiti implements in a place that is locked and secured, or otherwise inaccessible to the public. -- I B. Any business or establishment offering for sale to the public any aerosol paint containers, dye containers, markers or any other graffiti implements shall post and maintain a sign which contains the provisions of Lake Elsinore Municipal Code Section 9.52.030 in letters at least ~ inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol paint containers, dye containers, markers and other graffiti implements. 9.52.050 Possession prohibited. It shall be unlawful for any person to possess any graffiti implement or spray actuator, as defmed in Section 9.52.020, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative. Furthermore, no person under eighteen (18) years of age may have in their possession any aerosol paint container, dye container, markers, spray actuator or any other graffiti implement on any public highway, street, alley, or way, or in any automobile, vehicle or other conveyance, or while in any public park, playground or other public facility. This section shall not apply to minors that are transporting or using any aerosol paint container, dye container, markers, spray actuator or graffiti implements for lawful purposes while under the supervision of the minor's parent, guardian, instructor or employer. - 9.52.060 Unlawful activities and duties of removal. In addition 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 separate violation for each and every day that the graffiti remains unremoved. Persons applying graffiti shall be responsible for the costs of removal of such graffiti pursuant to Section 9.52.070 and/or Section 9.52.080. Parents shall be responsible for the removal of graffiti and/or for the costs of removal when the graffiti has been applied by his and/or her minor child.- 9.52.070 Removal of graffiti by property owner. The owner of private property upon which graffiti or inscribed material has been placed shall remove the graffiti or inscribed material within five calendar days. 9.52.080 Removal of graffiti by City. Whenever the City Manager or his/her designated representative determines that graffiti is so located on public or privately owned structures or 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 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 ofthe graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure. C. Prior to the removal of graffiti on private property, the City shall obtain written consent ofthe property owner. The owner shall only be charged for the actual cost incurred by the City to remove the graffiti. The City Manager or his/her designee may waive the costs associated with removing the graffiti provided that the property owner agrees to assign his/her victim's rights to the City so the City may seek restitution in accordance with Section 9.52.060 ofthis Code and/or Penal Code Section 954. 9.52.090 Public nuisance. The City Council does hereby find that graffiti is a public nuisance. In the event the property owner of private property upon which graffiti or other inscribed material has been placed declines to consent to removal by the City, or fails to remove the graffiti or other inscribed material within five calendar days after service of a notice to remove graffiti, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 of the Lake Elsinore Municipal Code. 9.52.100 Rewards. The City Council may provide one hundred dollars to one thousand dollars 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. _ SECTION 2. Publication. This Ordinance shall take effect thirty (30) days after its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND PASSED UPON FIRST READING this 14th day of November, 2000, upon the following roll call vote: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE AYES: NOES: ABSENT: NONE NONE PASSED, APPROVED, AND ADOPTED UPON SECOND READING this 28th day of November, 2000 upon the following role call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: APPROVED AS TO FORM: - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) =- I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 14th day of November, 2000; approved upon second reading by title only on the 28th day of November, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - nlj). r~~ VY:Kl KAS'&, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1071 of said Council, and that the same has not been amended or repealed. (SEAL)