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HomeMy WebLinkAboutORD 1079 (1991) ORDINANCE NO. 1079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING ARTICLE 5, CHAPTER 7 TO THE TUSTIN CITY CODE ENTITLED GRAFFITI/SPRAY PAINT PROGRAM The City Council of the City of Tustin does ordain as follows: Section 1: Article 5, Chapter 7 entitled "Graffiti/Spray Paint Program" is hereby added to the Tustin City Code to read as follows: CHAPTER 7 GRAFFITI/SPRAY PAINT PROGRAM 5700 PURPOSE AND FINDINGS The purpose of this chapter is to provide a program for the elimination of graffiti from on both public and private property, to reduce blight and deterioration within the City and to protect the public safety. The City finds and determines as follows: (1) Graffiti on structures located upon public and private property is a blighting factor which not only depreciates the value of the property, but also devalues the adjacent and surrounding properties in the community; and (2) It is the City Council's intent to provide for the prohibition of the placement of graffiti on structures located either on public or private property; and (3) Government Code Section 53069.3 authorizes a City to enact ordinances to provide for the use of City funds to remove graffiti from public and privately owned structures located within the City; and (4) The City Council finds that graffiti 'or related inscribed materials is obnoxious and pursuant to Government Code Section 53069.3 authorizes that a program be instituted allowing for the use of City funds to remove graffiti from structures on public and private property; and (5) Government Code Section 53069.5 authorizes a City to offer and pay a reward for information leading to the determination of the. identity of, and the apprehension of any person who willfully damages property. Ordinance No. 1079 2 Page 2 5701 DEFINITIONS 4 "Bona fide evidence of majority" means a document 5 issued by a federal, state, county or municipal government or subdivision or agency thereof, including 6 but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal 7 Selective Service Act, a passport, or an identification card issued to a member of the armed forces which 8 identifies an individual and provides proof of the age of such individual. 9 "Capable of defacing property" means any substance, 30 spray paint, paint, or dye, or any other liquid which when applied to any surface leaves an opaque and 3] insoluble residue which cannot be removed by ordinary application of soap and water. "Graffiti" means the unauthorized inscribing, 33 spraying of paint, or making symbols using paint, spray paint, ink, chalk, dye or similar materials on public or 34 private structures, buildings or places. 35 "Obnoxious Graffiti" means graffiti which has any of the following characteristics: (1) Insults or incites hatred or contempt of any 37 racial, religious or ethnic group; 38 (2) Refers to the name of a gang or includes words or symbols associated with a gang or individual; 19 (3) Insults or threatens any identifiable individual Or 20 group; 2] (4) Includes obscene or indecent language or depictions; (5) Constitutes an aesthetic blight or eyesore to a 23 neighborhood; 2~ (6) Tends to attract more graffiti; 25 (7) Promotes criminal activity or promotes retaliatory action by an individual(s). 27 Ordinance No. 1079 Page 3 5702 SALE OF SPRAY PAINT 4 A. Sale to Minors Prohibited No person shall sell or cause to be sold to any 6 person under the age of eighteen years any aerosol container of spray paint capable of defacing property. 7 B. Evidence of Sale Subject to Prosecution 8 Evidence that a person, his or her employee, or 9 agent, demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction of ]0 sale to a minor, shall be a defense to any criminal prosecution thereof. C. Posting of Prohibition Required Any person.who owns, manages or operates a place of business wherein aerosol containers of spray paint capable of defacing property are sold shall conspicuously post a copy of subsection A of this Section in such place of business in letters at least 3/8 of an inch high. 5703 POSSESSION OF SPRAY PAINT - PROHIBITION IN PUBLIC PLACES, PARKS AND BUILDINGS ~7 No person shall have in his or her possession any aerosol container of spray paint capable of defacing ~8 property while in any public park, playground, swimming pool, or recreation facility, public building or other ~9 public place, other than a highway, street or alley, except authorized employees or agents of the City or 20 persons having the authorization of the City Manager or his designees. Nothing in this Section shall be deemed 2] to prohibit the possession of an aerosol container of spray paint capable of defacing property on the property 22 of any school as defined by the Education Code, by a teacher or authorized agent of such a school or any other 23 person under the direct supervision and control of a teacher of such a school. 24 5704 POSSESSION OF SPRAY PAINT - PROHIBITION BY MINORS IN 25 STREETS OR OTHER PUBLIC PLACES 26 No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray 27 paint capable of defacing property while on any public highway, street, alley or way unless such person is 28 accompanied by a parent or legal guardian. Ordinance No. 1079 Page 4 5705 GRAFFITI PROHIBITED No person shall willfully or maliciously use any liquid substance, spray paint, chalk, dye, or other similar substance to paint, mar o~ deface any public or privately owned structures located on public or privately owned real property within the City, whether such property is occupied, vacated or abandoned. 5706 GRAFFITI TOLERATION It shall be unlawful for the owner 'of any private property to permit graffiti or other inscribed materials to remain on structures so as to be capable of being viewed by a person utilizing any public right-of-way in the City, such as a highway, street, road, parkway or alley, providing the City Code Enforcement Officer has given written notice to the owner and occupant requiring removal of the graffiti within a period of not less than seven (7) calendar days and such time period has elapsed without remedial action. 5707 GRAFFITI REMOVAL Notwithstanding any other provisions of the Tustin City Code, when the Director of Public Works or Director of Community Development determines that graffiti or other inscribed material constitutes obnoxious graffiti and by virtue of its location on public or private property is in view of a person utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the City shall be authorized to' undertake the removal of such graffiti. Prior to the removal of such graffiti the City shall obtain the written consent of the owner for such action and the owner shall execute an appropriate release form and right of entry form to permit such graffiti removal. If the City provides for the removal of graffiti, it' shall not authorize or undertake to provide for the painting or repair of any more extensive area than that area where the graffiti is located. 5708 GRAFFITI REWARD A reward in an amount established by Resolution of the City Council may.be authorized, offered and may be paid by the City to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who willfully or maliciously Ordinance No. 1079 Page 5 paints, mars or defaces any public or private structure located on private or public property within the City. The exact amount of any reward to be paid by the City shall be determined by the City Council after receipt of a report from the City Manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who willfully or maliciously painted, marred or defaced a structure located on public or private property located within the City, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward. Any person violating the provisions of Sections 5705 through 5707 of this Chapter shall pay the City the amount of any reward paid pursuant to this Section, and if such person is an unemancipated minor, such minor's parents or guardian are so liable and shall pay the amount of any reward to the City. Failure to pay any amount demanded by the City pursuant to this Section within thirty (30) days of written demand therefore shall itself be a violation of the provisions of this section. 5710 SEVERABILITY It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Chapter form an interrelated program for dealing with the problem of graffiti and vandalism within the City, but that such sections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any sections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining sections, paragraphs, clauses or phrases of this Chapter. Section 2: Within fifteen days after the adoption of this Ordinance, the City Clerk shall certify to the adoption hereof and cause it to be posted in at least three public places within the City. oo Ordinance No. 1079 Page 6 PASSED and ADOPTED, at a regular meeting of the City 4 Council of the City of Tustin on this 18th day of 5 November, 1991. 7 CHARLES E. PUCKETT MAYOR 8 ]0 CITY CLERK STATE OF CALIFORNIA ) ]2 COUNTY OF ORANGE ) CITY OF TUSTIN ) ]4 ]5 CERTIFICATION FOR ORDINANCE NO. 1079 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby ]7 certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and ]8 foregoing Ordinance was duly and regularly introduced and read at a regular meeting of the City Council held on the ]9 4th day of November, 1991, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 18th day of November, 1991, by the following vote: COUNCILPERSONS AYES: Puckerr, Pontious, Edgar, Ports, Prescott 22 COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None 23 COUNCILPERSONS ABSENT: None DO:kd\1079.ord 2G 28