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HomeMy WebLinkAboutNB 1 GRAFFITI REWARD 02-01-93r1.,1 BUSINESS N0. 1 -93 Inter -Com DATE: FEBRUARY 11 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUG FRANKS, CHIEF OF POLICE CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: ELIMINATION OF GRAFFITI/GRAFFITI REWARD PROGRAM RECOMMENDATION Provide direction to staff establishing $250.00 graffiti reward amount. BACKGROUND At the Town Hall meeting of January 12, 1993, several citizen comments were made regarding the City's success at timely removal of graffiti from private and public property. However, it was pointed out that the occurrence of graffiti in _._ the City has dramatically increased and that graffiti removal, while essential, does not effectively discourage graffiti vandals from continuing their practice of defacing public and private property. As a result of these comments, City Council requested staff to prepare a report which would investigate programs designed to more fully discourage the occurrence of graffiti within the City. Generally, staff believes that there are the following four methods available to reduce the occurrence of graffiti within the City: 1. Remove graffiti immediately after application: Rapid removal of graffiti discourages taggers and gang members from revisiting the area since a primary goal of graffiti is to announce an identity or "claim" an area. If graffiti is repeatedly removed, little recognition from a graffiti vandal's peers is generated and the vandal may become disenchanted with the area and move somewhere else where their mark may remain for a longer period of time. On November 18, 1991, the Tustin City Council adopted Ordinance 1079, formally establishing a code prohibiting graffiti and providing penalties for graffiti vandals. The Ordinance specifically prohibited property owners from tolerating graffiti on their property and required its removal within seven (7) days of notification by the City. Failure of an owner to remove graffiti from City Council Report Re: Elimination of Graffiti/Graffiti Reward Program February 1, 1993 Page 2 private property, when notified, can result in citation with a fine of $75.00. City Council has also had the foresight to allocate $45,000 ($20,000 FY91-921 $25,000 FY92-93) of Community Development Block Grant funding to provide free graffiti removal to property owners requesting the service. In addition, $11,000 has been designated during FY92-93 to the Public Works Department for contract removal of graffiti from public rights-of-way including flood control channels, and certain CalTrans property not actually on the freeway. Staff has instituted a Graffiti Hotline available 24 hours a day. City Police, Community Development and Public Works staff proactively report graffiti witnessed in the field. Both City contractors follow a strict policy of removing reported graffiti within 72 hours (except private property where a liability release has not been previously obtained from the owner). Public Work's public property graffiti contract removal expenses, since July 1992, total approximately $2,300.00. A review of graffiti removal activities performed by the City's private property contractor indicates that graffiti removal costs have soared since July 1992, as follows: July 1992: $ 40.00 August 1992: 170.00 September 1992: 11090.00 October 1992: 2,945.00 November 1992: 21639.00 December 1992: 31850.00 2. Eliminate sales of spray paint to minors: Eliminating the ability. of vandals to access the tools needed to apply graffiti is essential. Ordinance 1079 echoes current State law in prohibiting the sale of spray paint to minors. Merchants choosing to ignore this code requirement may face citation with a fine of $500.00. Such provisions are generally useless against adult vandals, and minors who steal spray paint or illegally purchase paint from uncooperative business owners. 3. Education: Significant funding and personnel resources are currently being focused on graffiti removal that could be used for much more productive purposes. Educating the community's minors and businessmen of this City Council Report Re: Elimination of Graffiti/Graffiti Reward Program February 1, 1993 Page 3 extraordinary waste may cause the most significant long- term reduction in the occurrence in graffiti. Peer recognition currently drives vandals to apply graffiti. Peer pressure, if redirected, may be effective in reducing graffiti in the community. The Tustin Police Department provides "Anti -Graffiti" information in general terms to local elementary schools but does not have a formalized curriculum for this topic at this time. In addition, Police and Community Development Department staff continue to work with property owners and the Tustin Effective Apartment Managers (TEAM) to identify graffiti prevention alternatives such as vine plantings, providing additional outdoor lighting, etc. 4. Arrest Vandals: Arrest with prosecution and fines may also aide the community's efforts toward eliminating graffiti. Ordinance 1079 requires that persons arrested for graffiti vandalism be charged with a misdemeanor with a fine of $500.00 (first offense) or $1000.00 (second offense). Parents or guardians must pay fines and cleanup costs associated with graffiti vandalism caused by minors to whom they are responsible. In the past year, Tustin Police have arrested 15 juveniles and 2 adults for graffiti vandalism. Past Tustin Police Department surveillance efforts have not been successful at preventing graffiti at private properties within the community which have been repeatedly been the target for graffiti vandals. This is due to the fact that graffiti vandals are sporadic and do not follow established patterns. Three properties in particular have received over $3, 000.00 in free graffiti removal from the City. Based upon the graffiti cleanup cost figures detailed above, arrest has not yet been an effective tool in reducing the occurrence of graffiti within the City. REWARD PROGRAM Public support for a proactive solution to Graffiti within the community may be generated through reward incentives. In adopting Ordinance 1079, an opportunity was established for Council to authorize and offer a reward to anyone providing information leading to the arrest of any person maliciously applying graffiti to public or private property within the City Council Report Re: Elimination of Graffiti/Graffiti Reward Program February 1, 1993 Page 4 City. The reward is required to be paid by the convicted vandal or their responsible parent or guardian. Also, the Ordinance provides that the exact amount of the reward be determined by the City Council after receipt of a report from the City Manager confirming that valuable information had been received by the City which lead to the arrest of a person who had maliciously applied graffiti in violation of the city Ordinance. No officer, official or employee of the City is eligible for such reward. Seven separate police actions resulted in the arrest of the 17 graffiti vandals mentioned above. Five of those actions were the result of a phone tip received from a Tustin business owner, resident or property owner. While prosecution of the vandals is still pending, none of the informants have yet applied for the City's graffiti reward. However, the informants may not have known about the graffiti reward program. Staff has surveyed a number of other cities which utilize a graffiti information rewards to determine alternative nethods for successfully administering such a program. Sadly, the responses were not promising: Fountain Valley: The Graffiti Reward Program is administered by the Chief of Police. Citizens identify themselves for reward purposes when providing information on suspects. The Police Department follows the progress of the case through the court system. Upon receiving a conviction, a check request is filed through the City's Finance Department whereupon "asset forfeiture" money is used to pay the reward. The reward is mailed to the informant by the Finance Department. Anaheim: The Code Enforcement Division of the City administers Anaheim's graffiti reward program. Council has authorized twenty $500.00 rewards over the past three years with an additional 67 active reward claims awaiting final court disposition. Rewards are issued to persons providing information leading to the arrest and conviction of a graffiti vandal. Funding is derived from the City's graffiti consultant budget. The program is actively advertised through brochures, posters, police presentations and other publicity. La Habra: The program is similar to that of the City of Anaheim. It is not widely publicized and no one has ever collected a reward. City Council Report Re: Elimination of Graffiti/Graffiti Reward Program February 1, 1993 Page 5 South Gate: The reward program was discontinued due to a perception by Council that it didn't work. In addition, numerous informants were vocally disenchanted when court convictions and rewards did not occur as expected. Long Beach: The reward program has been very effective at garnering public participation and involvement in arresting graffiti vandals. The reward is currently set at $1,000.00 for information leading to conviction. Funding is provided through Community Development Department budget. Santa Ana: The Chief of Police is currently working on developing a graffiti reward program that is planned to reward persons providing information leading to the arrest and conviction of graffiti vandals with monies received as violator payment of graffiti related court required fines. RECOMMENDATION Staff believes that the City's current reward program could be improved or modified to increase public participation in the effort to eliminate the occurrence of graffiti within the City. 1. Press Publicity: Press publication of graffiti related arrests, convictions and monies available through reward programs should be promoted to discourage graffiti vandals from their activities. 2. Promotional Publicity: Flyers, posters, school handouts, and other media should be used to encourage the confidential reporting of graffiti vandals and the existence of a graffiti hotline and City sponsored graffiti removal services. 3. Education: City efforts at communicating with the City's youth should continue so that positive peer pressure and community pride is encouraged. Essays, youth art, graffiti removal efforts, slogans, etc. could be generated and publicized. 4. Community Activism/Awareness: * City staff should continue to work with community organizations, business owners, property owners and City Council Report Re: Eliminaticn of Graffiti/Graffiti Reward Program February 1, 1993 Page 6 tenants to provide graffiti removal alternatives (Vine plantings on exposed walls, provision of additional lighting, use of close circuit T.V. monitors, etc.). * Staff could work with the City Attorney to develop a liability waiver form to allow and assist civic minded groups, interested in performing free graffiti paint -out work parties, the ability to assist in the elimination of graffiti within the City. * The City could promote and conduct a program designed to acquire charitable contributions from City businesses and others interested in financially assisting the City's graffiti removal program. Caltrans' introduction of the "Adopt a Wall" program is a type of program which the citizens, charitable organizations and businesses may want to become a part. 5. Inter -City Cooperation: City staff should continue to work with neighboring jurisdictions when prosecuting graffiti vandals and to share innovative ideas which help the effort against graffiti. 6. Pre -Establish Reward Amount: To assist in the promotion of the City's Reward Program, staff. recommends that the City Council formally establish a $250.00 amount to be issued as a reward for information leading to the conviction of a graffiti vandal. Once the reward amount is set, staff can more effectively advertise the program to the public. The City currently has a graffiti reward program established within the Tustin City Code. While there seems no clear method to guarantee the elimination of graffiti within the City, staff believes that implementation of the above reference at es coul assist our efforts. Doug Franks Christine A. Shinton Chief of Police Assistant City Ma ger DO:kd\9rafrwrd.mem Attachment: Ordinance 1079 1 a 3' 4 5 6 7 8 9 10 11 12 13 14 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1079 AN ORDIN. NCE OF THE CITY COUNCIL OF THE CITY OF TUST=N, CALIFORNIA, ADDING ARTICLE 5, CHAPTER 1 TO THE TUSTIN CITY CODE ENTITLED GRAFFITI SPRAY PAINT PROGRAM The City Counzil 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 Cede to read as follows: CHAPTER 7 GRAFFITI/SPRAY PAINT PROGRAM 5700 PURPOSE AND FINDINGS The purpcse 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 Ci -:y and to protect the public safety. The City finds ans 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 prohibit -:,.on of the placement of graffiti on structures located either on public or private property; and (3) Governme.rt 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 Citi- Council finds that graffiti or related inscribes materials is obnoxious and pursuant to Gove.rnmen-- Code Section 53069.3 authorizes that a program instituted allowing for the use of City funds to remove graffiti from'structures on public and private.property; and (5) Governmer.: 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 apprehens-on of any person who willfully damages property. 1 2 3 4 5 6 7I 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1079 Page 2 5701 DEFINITIONS "Bona fide evidence of majority" means a document issued by a federal, state, county or municipal government or subdivision or agency thereof, including but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, a passport, or an identification card issued to a member of the armed forces which identifies an individual and provides proof of the age of such individual. "Capable of defacing property" means any substance, spray paint, paint, or dye, or any other liquid which when applied to any surface leaves an opaque and insoluble residue which cannot be removed by ordinary application of soap and water. "Graffiti" means the unauthorized inscribing, spraying of paint, or making symbols using paint, spray paint, ink, chalk, dye or similar materials on public or private structures, buildings or places. "Obnoxious Graffiti" means graffiti which has any of the following characteristics: (1) Insults or incites hatred or contempt of any racial, religious or ethnic group; (2 ) Refers to the name of a gang or includes words or symbols associated with a gang or individual; (3 ) Insults or threatens any identifiable individual or group; (4) Includes obscene or indecent language or depictions; (5) Constitutes an aesthetic blight or eyesore to a neighborhood; (6) Tends to attract more graffiti; (7) Promotes criminal activity or promotes retaliatory action by an individual(s). 1 2 3 4 5 6 7 8 91 I, 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1079 Page 3 5702 SALE OF SPRAY PAINT A. Sale to Minors Prohibited No person shall sell or cause to be sold to any person under the age of eighteen years any aerosol container of spray paint capable of defacing property. . B. Evidence of Sale Subject to Prosecution Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction of 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, PARRS AND BUILDINGS No person shall have in his or her possession any aerosol container of spray paint capable of defacing property while in any public park, playground, swimming pool, or recreation facility, public building or other public place, other than a highway, street or alley, except authorized employees or agents of the City or persons having the authorization of the City Manager or g his designees. Nothing in this Section shall be deemed to prohibit the possession of an aerosol container of spray paint capable of defacing property on .the property of any school as defined by the Education Code, by a teacher or authorized agent of such a school or any other person under the direct supervision and control of a teacher of such a school. 5704 POSSESSION OF SPRAY PAINT - PROHIBITION BY MINORS IN STREETS OR OTHER PUBLIC PLACES No person under the age of eighteen (18) shall have in his or her possession any aerosol container of spray paint capable of defacing property while on any public highway, street, alley or way unless such person is accompanied by a parent or legal guardian. 2 3 4 5' 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 or 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 1 1 1 1 1 16 17 18 19 20 21' 22 23 24 25 26 27 R3 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 f inal 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 ( 3 0 ) 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1079 Page 6 PASSED and ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 18th day of November, 1991. &I � ; � 4L� -&- CHARLES E. PUCKETT MAYOR MARY W N CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1079 MARY E. WYNN, City Clerk and ex -of f icio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is f ive; that the above and foregoing Ordinance was duly and regularly introduced and read at a regular meeting of the City Council held on the 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: Puckett, Pontious, Edgar, Potts, Prescott COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: None Do:kd\1079.ord MARY E. YNN, ity Clerk