HomeMy WebLinkAbout467ADOPTED this 27th day of May , 1993.
VA
I, David A. Caretto, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Irwindale held on the 13th day of May , 1993; and was
finally passed at a regular meeting of the City Council of the
City of Irwindale on the 27th day of May 1993, by the
following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P., Breceda
and Barbosa
NOES: COUNCIL MEMBERS: Diaz
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
0 1021\ORDRPL9.32%1 1.3 17
None
David Caretto, Cle o
the City of Ir
ind le
ORDINANCE NO. 467
AN ORDINANCE OF THE CITY OF IRWINDALE AMENDING
TITLE 9 OF THE IRWINDALE MUNICIPAL CODE BY
REPEALING CHAPTER 9.32 AND ADDING A NEW
CHAPTER 9.32 THERETO PERTAINING TO THE
PROHIBITION AND REMOVAL OF GRAFFITI.
The City Council of the City of Irwindale does ordain
as follows:
section 1.
Chapter 9.32 of the Irwindale Municipal Code is
repealed. A new Chapter 9.32 is hereby added to Title 9 of the
Irwindale Municipal Code to read, in words and figures, as
follows:
"Chapter 9.32
"GRAFFITI PROHIBITIOREMOVAL
118e0tions:
"9.32.010 Purpose and intent.
"9.32.020 Definitions.
"9.32.030 Unlawful to apply graffiti.
"9.32.040 Possession of graffiti implements by
minors prohibited.
119.32.050 Possession of graffiti implements
prohibited in designated public places.
119.32.060 Accessibility to graffiti implements.
"9.32.070 Graffiti removal provisions.
"9.32.080 Rewards.
"9.32.090 Reimbursement of cellular phone costs.
"9.32.100 Penalties and civil liability of
parents.
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119.32.010 Purpose and intent.
"The City Council of the City of Irwindale hereby
specifically finds that graffiti on public or private
property is a blighting factor which not only depreciates
the value of property which has been the target of such
vandalism but also depreciates the value of the adjacent and
surrounding properties so as to create a negative impact
upon the entire City.
"California Government Code Section 53069.3 authorizes
the City, under certain circumstances, to provide for the
removal of graffiti and other inscribed materials from
private as well as public property. The Council finds and
determines that graffiti is obnoxious and a public nuisance
and unless the City causes it to be removed from public and
private property, it tends to remain. other properties then
become the target of graffiti with the result that entire
neighborhoods are affected and become less desirable places
in which to be. Graffiti also has been found to be a means
of identification utilized by gangs and its presence may
encourage further gang -related activities.
"It is the purpose and intent of the City Council,
through the adoption of this Chapter, to provide additional
enforcement tools to protect public and private property
from acts of vandalism and defacement, including the
application of graffiti on privately and publicly owned
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walls and structures. Such acts are inimical to and
destructive of the rights and values of private property
owners as well as the total community. It is the further
intent of the City Council, through the adoption of this
Chapter, to provide notice to all of those who disregard the
property rights of others, that the law enforcement agencies
of the City, the Police Department and the District
Attorney's office, will strictly enforce the law and
vigorously prosecute those persons engaging in the
defacement of public and private properties.
119.32.020 Definitions.
"A. Aerosol Paint Container. `Aerosol paint
container' means any aerosol container which is adapted or
made for the purpose of spraying paint or other substance
capable of defacing property.
"B. Felt Tip Marker. `Felt tip marker' means any
tipped style marker or similar implement with a tip which,
at its broadest width, is one-eighth (1/8th) inch or
greater.
"C. Graffiti. `Graffiti' means any inscription,
word, figure, or design that is marked, etched, scratched,
drawn, painted, pasted or otherwise affixed to or on any
surface, regardless of the nature of the material of that
structural component, to the extent the same was not
authorized in advance by the owner thereof, or, despite
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advance authorization, is otherwise deemed by the City
Council to be a public nuisance.
"D. Graffiti Implement. `Graffiti implement'
means an aerosol paint container, a felt tip marker, or any
other device containing any solution or substance capable of
being used to leave a visible mark at least one-eighth
(1/8th) of an inch in width upon any surface.
119.32.030 Unlawful to aapnly graffiti.
"It shall be unlawful for any person to apply graffiti
to any trees or structures including, but not limited to,
buildings, walls, fences, poles and signs, (`structures'
hereinafter in this Chapter) located within the City. It
shall also be unlawful for any person to apply or affix any
adhesive backed label, sticker, `bumper sticker' or similar
item, to any tree or structure not owned or lawfully
possessed by such person.
119.32.040 possession of graffiti implements
"It shall be unlawful for any person under the age of
eighteen years to have in his or her possession any graffiti
implement while upon public property or upon private
property without the consent of the owner of such private
property whose consent to such possession and presence is
given in writing in advance. This provision shall not apply
to the possession of felt tip markers by minors attending,
or traveling to or from a school at which the minor is
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enrolled, if the minor is participating in a class at said
school which formally requires the possession of such felt
tip markers. The burden of proof in any prosecution for
violation of this Section shall be upon the minor student to
establish the need to possess a felt tip marker.
109.32.050 possession of graffiti implements
prohibited in designated public places.
"It shall be unlawful for any person to have in his or
her possession any graffiti implement while in any public
park, playground, swimming pool, recreational facility, or
while in or within ten (10) feet of an underpass, bridge
abutment, storm drain, or other similar type of
infrastructure not normally used by the public, except as
may be authorized by the city.
119.32.060 Accessibility two graffiti implements.
"A. Furnishing to minors prohibited. It shall be
unlawful for any person, other than a parent or legal
guardian, to sell, exchange, give, loan, or otherwise
furnish, or cause or permit to be exchanged, given, loaned,
or otherwise furnished, any graffiti implement to any minor
without the consent of the parent or lawful guardian which
consent shall be given in advance in writing.
"B. Display requirements. No person or business
engaged in a commercial enterprise shall display for sale,
trade or exchange, any graffiti implement except in an area
from which the public shall be securely precluded without
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employee assistance. Two such acceptable methods for
displaying graffiti implements for sale shall be by
containment in (1) a completely enclosed cabinet or other
storage device which shall be permanently affixed to a
building or structure, and which shall, at all times except
during access by authorized representatives, remain securely
locked; or (2) in an enclosed area behind a sales or service
counter from which the public is precluded from entry.
Nothing herein shall relieve such person or business entity
from, at all times, complying with the requirements of
California Penal Code Section 594.1(c) by posting signs as
described therein.
"C. Storage requirements. No person or business
engaged in the business of selling, providing or trading
graffiti implements shall store any graffiti implement
except in either (1) a completely enclosed room which shall,
at all times except during access or actual occupancy by the
owner or an authorized adult representative of the owner,
remain securely locked; or (2) in a completely enclosed
cabinet or other storage device which shall be permanently
affixed to a building or building structure, and which
shall, at all times except during access by the owner or an
authorized adult representative of the owner, remain
securely locked. For purposes of this Section, an owner or
authorized representative of the owner, shall be deemed to
actually occupy a room even during brief periods of absence
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if the room is contained within a larger structure which is
occupied by the owner.
"D. Civil responsibility for damages for wrongful
display or storage. Any person who displays or stores or
permits the display or storage, of any graffiti implement in
violation of the provisions of this Section shall be
personally liable for any and all costs, including attorneys
fees and court costs, incurred by any party in connection
with the removal of graffiti, the repair of any property
containing graffiti, or such party's prosecution of a civil
claim for reimbursement or damages resulting from such
graffiti removal or property repair, arising from the use by
any person of such wrongfully displayed or stored graffiti
implement in violation of the provisions of any of the
California Penal Code Sections set forth in Section 9.32.080
A.1. hereof, or in violation of Section 9.32.030 of this
Chapter.
119.32.070 Graffiti removal provisions.
"A. Right of City to require removal. It is
unlawful for any person who is the owner, or who has primary
responsibility for control, of property or who has primary
responsibility for the repair or maintenance of property
(`Responsible Party' hereinafter in this Section), to permit
said property to be defaced with graffiti for a period of
seven (7) days after service by City by first class mail of
notice of same, unless (1) said person shall demonstrate by
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a preponderance of evidence that he or she does not have the
financial ability to remove the defacing graffiti; or (2) it
can be demonstrated that the Responsible Party has an active
program for the removal of graffiti and has scheduled the
removal of the graffiti as part of that program, in which
case it shall be unlawful to permit such property to remain
defaced with graffiti for a period of fifteen (15) days
after service by first class mail of notice of same.
"B. Declaration of nuisance.
"1. Graffiti as a nuisance. The City
Council hereby declares and finds graffiti to be a nuisance
subject to abatement according to the provisions and
procedures herein contained.
"2. Graffiti attracting surface as a
nuisance. The existence of any surface of a structure on
any privately owned parcel of land which has been defaced
with graffiti after removal more than five (5) times in
twelve (12) months is hereby deemed to be a nuisance, and
may be abated by the City's requiring modifications
thereto, or to the immediate area surrounding same,
according to the provisions and procedures set forth in
Chapter 9.32 of this Code. Such modifications may include,
but are not limited to: Retrofitting of such surfaces at
the expense of the property owner(s) of said lot, not to
exceed a total cost of $500.00, or at the cost of the City
at the City's option, with such features or qualities as may
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be established by the City as necessary to reduce the of
attractiveness of the surface for graffiti, or as necessary
to permit more convenient, expedient or efficient removal of
graffiti therefrom.
"C. Right of City to remove.
111. Use of public funds. Whenever the City
becomes aware, or is notified and determines that graffiti
is so located on public or privately owned property viewable
from a public or quasi -public place within the City, the
City shall be authorized to use public funds for the removal
of same, or for the painting or repairing of same, but shall
not authorize or undertake to provide for the painting or
repair of any more extensive area than that where the
graffiti is located, unless the City Manager, or designee,
determines in writing that a more extensive area is required
to be repainted or repaired in order to avoid aesthetic
disfigurement to the neighborhood or community, or unless
the Responsible Party agrees to pay for the costs of
repainting or repairing the more extensive area.
112. Right of entry on private property.
"a. securing owner consent. Prior to
entering upon private property or property owned by a public
entity other than the City, for the purposes of removal of
graffiti, the City shall attempt to secure the consent of
the Responsible Party, and a release of the City from
liability for private or public property damage.
VI
"b. Failure to obtain owner consent.
If a Responsible Party fails to remove the offending
graffiti within the time herein specified, or if the City
shall have requested consent to remove or paint over the
offending graffiti and the Responsible Party shall have
refused consent for entry on terms acceptable to the City
consistent with the terms of this Section, the City may
commence abatement and cost recovery proceedings for the
removal of the graffiti pursuant to the provisions of
Chapter 8.08 of this Code, which procedures authorize the
recovery of all costs incurred by the City in abating
graffiti including the recordation of a lien as to affected
property.
"D. Ease of removal provisions.
"1. Common utility colors and paint -type.
"Any gas, telephone, water, sewer, cable,
telephone and other utility operating in the City, other
than an electric utility, shall paint their above -surface
metal fixtures which are installed after the effective date
of this Chapter, with a uniform paint type and color as
directed by the City Manager.
112. Conditions on encroachment permits.
"Encroachment permits issued by the City may,
among other things, be conditioned on (1) the permittee
applying an anti -graffiti material to the encroaching object
or structure of a type and nature that is acceptable to the
IM
City Manager, or his or her designee; (2) the immediate
removal by the permittee of any graffiti; (3) the right of
the City to remove graffiti or to paint the encroaching
object or structure; (4) the permittee providing City with
sufficient matching paint and/or anti -graffiti material on
demand for use in the painting of the encroaching object or
structure containing graffiti.
113. Conditions on discretionary approvals.
"In imposing conditions upon conditional use
permits, variances, building permits to the extent permitted
by this Code, or other similar land use entitlements or
development or design applications, the City may impose
graffiti removal requirements or any or all of the following
conditions, or other similar or related conditions:
"a. Use of anti -graffiti material.
Applicant shall apply an anti -graffiti material of a type
and nature that is acceptable to the City Manager, or his or
her designee, to such of the publicly -viewable surfaces to
be constructed on the site deemed by the City Manager, or
designee, to be likely to attract graffiti (`Graffiti
Attracting Surfaces' hereinafter in this Section);
"b. Right of access to remove graffiti.
Applicant shall grant in writing, the right of entry over
and access to such parcels, upon 48 hours posted notice, by
authorized City employees or agents, for the purpose of
removing or "painting over" graffiti on Graffiti Attracting
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r'"'
Surfaces previously designated by the City Manager, or
designee. Such grant shall be made an express condition of
approval and shall be deemed to run with the land;
"c. Supply City with graffiti -removal
material. Applicant, and any and all successors in
interest, shall, for a specified period of years after
approval, provide the City with sufficient matching paint
and/or anti -graffiti material on demand for use in the
painting over or removal of designated Graffiti Attracting
Surfaces;
"d. Owner to immediately remove
graffiti. Persons applying for subdivision maps shall, as
ro"* part of any conditions, covenants and restrictions,
covenant, which covenant shall run with the land, in a form
satisfactory to the City, that the owners of the lots shall
immediately remove any graffiti placed on publicly viewable
trees and structures thereon to City's satisfaction.
119.32.080 Revards.
"A. Reward Authority.
111. Pursuant to Section 53069.5 of the
California Government Code, the City does hereby offer a
reward in an amount as may be set by resolution of the City
Council, for information leading to the arrest and
conviction of any person for violation, within the City, of
California Penal Code Sections 594 or 594.3 by the use of
graffiti, Penal Code Sections 640, 640.5, 640.6, or Sections
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9.32.030, 9.32.040 or 9.32.050 of this Chapter. In the
event of multiple contributions of information, the reward
amount shall be divided by the City in the manner it shall
deem appropriate. For the purposes of this Section,
diversion of the violator to a community service program, or
a plea bargain to a lesser offense, shall constitute a
conviction.
112. Claims for rewards under this Section
shall be filed with the City. Each claim shall:
"a. Specifically identify the date,
location and kind of property damaged or destroyed.
convicted.
"b. Identify by name the person who was
"c. Identify the court and the date
upon which the conviction occurred.
113. No claim for a reward shall be allowed
by the City Council unless the City investigates and
verifies the accuracy of the claim and determines that the
requirements of this Section have been satisfied.
114. The person committing the
graffiti -vandalism, and if an unemancipated minor, then the
parent or lawful guardian of said minor, shall be civilly
liable for any reward paid pursuant to this Section pursuant
to the provisions of California Government Code Section
53069.5.
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199.32.090 Reimbursement of cellular phone costs.
"The City shall reimburse to any person reporting
by means of a cellular phone an act of graffiti vandalism
presently occurring within the City, the amount of the
actual phone charges, exclusive of taxes, incurred by said
person.
119.32.100 Penalties and civil liability of parents.
"A. Criminal penalties. Any violation of this
Chapter shall be a misdemeanor punishable by either six (6)
months in jail, a $500.00 fine, or by such fine and
imprisonment, and by the performance of community service in
the form of graffiti clean-up to the maximum extent
permitted by California Penal Code Section 594 and/or any
other provision of law.
"B. Additional penalties available.
"Whenever deemed appropriate, it is the City's
intent to petition a sentencing court to impose the
following additional penalties upon conviction:
"1. Litter or graffiti cleanup pursuant to
California Vehicle Code Section 42001.7,
upon conviction of violation of
California Vehicle Code Sections 23111,
23112 or 23113(a).
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112. Suspension or delay of issuance of a
driver's license pursuant to California
Vehicle Code Section 13202.6 upon a
graffiti -vandalism conviction.
113. Performance of community service,
including graffiti removal service by
any minor determined to be a ward of the
court as a result of committing a
vandalism -related offense in the City of
Irwindale, as provided in California
Welfare and Institutions Code Sections
728 and/or 729.6.
114. Performance of community service,
including graffiti removal service of up
to 100 hours by any minor determined to
be a ward of the court as a result of
committing a drug related offense in the
City of Irwindale, as provided in
California Welfare and Institutions Code
Section 729.8.
"C. It is the City's further intent that pursuant
to California Penal Code Section 640.6(a), all acts of
graffiti -vandalism occurring within the City shall be
prosecuted as misdemeanors pursuant to California Penal Code
Section 594, et seq., or this Chapter.
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"D. Pursuant to California Civil Code Section
1714.1, any parent or legal guardian whose minor child
possesses a graffiti implement, shall be personally liable
for any and all costs to any person or business incurred in
connection with the removal of graffiti caused by said
child, or by said graffiti implement, and for all attorney's
fees and court costs incurred in connection with the civil
prosecution of any claim for damages or reimbursement, up to
$10,000.00."
section Civil Remedies Available.
A violation of any of the provisions of this Ordinance
shall constitute a nuisance and may be abated by the City through
civil process by means of restraining order, preliminary or
permanent injunction, or in any other manner provided by law for
the abatement of such nuisance.
Section 1. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is for any reason
deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this Ordinance.
The City Council of the City of Irwindale hereby declares that it
would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or other portions might subsequently be
declared invalid or unconstitutional.
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