HomeMy WebLinkAboutPH 2 GRAFFITI PROGRAM 11-04-91G - PUBLIC HEARING N0. 2
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ATE: NOVEMBER 4, 1991
10 WILLIAM A. HUSTON, CITY MANAGER
F` 'R '10" : COMMUNITY DEVELOPMENT DEPARTMENT
j -T: ORDINANCE TO ESTABLISH THE GRAFFITI/SPRAY PAINT PROGRAM
RECOMMENDATION
It is recommended that the City Council have first reading by title
only and introduce Ordinance No. 1079 establishing the
Graff iti/Spray Paint Program.
BACKGROUND AND DISCUSSION
For the past severalmonths the Community Development Department
has been involved with the development of programs intended
- to
provide a comprehensive approach to•the stabilization of Tustin's
neighborhoods and continued maintenance of property throughout the
city. One component of the Community Improvement Partnership
Program (CIPP) is a graffiti abatement element intended
rito
facilitate the removal of graffiti from private property u
ng
within the community. On December 17, 1990, the City Council
instructed staff to prepare necessary amendments to the Tustin City
Code to enhance the graffiti removal program.
Ordinance No. 1079 provides 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.
Specifically, the ordinance prohibits the sale of spray paint to
minors; the possession of spray paint in public places, parks, and
buildings; the possession of spray paint in public streets by
minors, and the defacing of any public or private property
structures. In addition, retailers of spray paint will be required
to post a sign that states that sales to minors are prohibited,
a minora
will be subject to prosecution if a sale is made
Further, the Ordinance has been designed to complement the City's
current efforts at graffiti removal by formally requiring owner
authorization to remove graffiti, offering ff �ds offendersto s who and
contribute to the apprehension of gra
stipulating strict penalties for violation.
- William A. Huston
Re: Ordinance - Graffiti/Spray Paint Program
Page 2
November 4, 1991
The proposed Ordinance is exempt from the requirements of the
California Environmental Quality Act pursuant to Section
15378(b)(3), and no further environmental review is required. A
public hearing notice identifying the time, date, and location of
the public hearing for Ordinance No. 1079 was published October 24,
1991 in the Tustin News. Notice of the hearing was posted at the
Police Department on October 24, 1991.
Ordinance No. 1079 has been reviewed and approved by the City
Attorney's office.
CONCLUSION
The Community Development Department has analyzed the
Graffiti/Spray Paint Program and recommends that Ordinance No. 1079
be adopted.
'SO& PI -U �`-,
Scott Reekstin
Assistant Planner
DO:SR:kd\9rfspry.ccr
Attachment: 1) Ordinance No. 1079
t�
Christine ShinqXeton
Assistant City Manager
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ORDINANCE NO. 1079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING ARTICLE 51
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 51 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.
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2E
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).
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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 f ide 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
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.
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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
graf f iti 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
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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.
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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.
CHARLES E. PUCKETT
MAYOR
MARY WYNN
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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
certify that the whole number of the members of the City
Council of the City of Tustin is five; 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:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
oo:kd\1079.ord MARY E. WYNN, City Clerk