HomeMy WebLinkAboutORD FOR ADOPTION 2 11-18-91ORDINANCE FOR ADOPTION NO. 2
A1-18-91 G E N url
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Inter -Com �l
-ATE: NOVEMBER 18, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1079, GRAFFITI,/SPRAY PAINT PROGRAM
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1079
(roll call vote).
.BACKGROUND:
The following Ordinance No. 1079 had first reading and introduction
at the November 4, 1991 City Council meeting:
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
Valerie Whiteman
Chief Deputy City Clerk
1`t Y O
Inter -Com 8t
ATE: NOVEMBER 181 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT: ORDINANCE 1079 - GRAFFITI REM0VAL PROGRAM
On November 41 1991, City Council considered and introduced the
subject Ordinance establishing provisions which would prohibit the
application of graffiti on public or private property throughout
the community. At that time, Councilman Prescott requested
additional information regarding the source of the City's
prohibitions against possession of spray paint and the sale of
spray paint to minors. Specifically, Councilman Prescott indicated'
a concern that there may occur a legal conflict on occasions where
spray paint has been legally purchased in another City but then is
brought into the City of Tustin.
Staf f has researched the matter and has determined that State Penal
Code Section 594 (et al) currently Identifies malicious graffiti as
a violation, punishable by fine, imprisonment or both. Further,
the section includes specific provisions which prohibit the sale of
spray paint to minors (Section 594.1(b)) and possession of spray
paint by minors (Section 594.1(d) and (e)). These provisions apply
to all communities within the State of California. For the purpose
of facilitating City enforcement, Ordinance 1079 reiterates this
State law.
Staff is hopeful that this memo adequately addresses Council's
concerns in this matter and recommends that Council formally adopt
Ordinance 1079 by second reading.
Dana Ogd n
Senior Planner
CAS:D0:nm\ord1079.mem
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492;Z4 X&40�e
Christine Shingleto
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: Art1cle 5, Chapter 7 entitled
"Graffiti/Spray Paint Program" is hereby added to the
Tustin City Code to read as follows:
C$APTER 7
GRAFFITI/SPIRAY 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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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 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 BUILDIINGS
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 tie 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 Diredtor 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 of,
on of
who
the identity of, and the apprehension aperson
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 unomancipated minoor, minor's
parents or guardian are so liable a shall pay
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 Ordinancef 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 -of f icio Clerk of . the City
Council of the City of ftstin, 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 pf 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