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HomeMy WebLinkAboutORD 181 1993 1103ORDINANCE NO. 181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 8.14 PERTAINING TO THE CONTROL AND ABATEMENT OF GRAFFITI TO TITLE 8 OF THE MOORPARK MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.14 of Title 8 of the Moorpark Code is hereby added to read as follows: CHAPTER 8.14 - GRAFFITI 8.14.010 Purpose The purpose of this Chapter is to provide for the prompt abatement of graffiti from public and private properties in the City and to regulate the sale and possession of materials used in acts of graffiti. The City Council finds that graffiti is inconsistent with the City's aesthetic standards, and unless it is quickly removed from public and private properties, other properties soon become the target of graffiti. Graffiti on public and private properties encourages other acts of malicious vandalism, and depreciates the value of the adjacent and surrounding properties. Further, the City finds and determines that graffiti is obnoxious and a public nuisance. The existence of graffiti tends to breed community discontentment and criminal activity. The unlawful placement of graffiti on public and private properties is often committed by persons twenty -one (21) years of age and under using aerosol and pressurized containers of paint, broad - tipped markers and pens, and glass etching tools. The public's interest, convenience and necessity require the adoption and implementation of the provisions of this Chapter. 8.14.020 Definitions Unless the context otherwise requires, the definitions in this section shall govern the construction of this Chapter. "Aerosol paint container" means any aerosol or pressurized container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other substance capable of defacing property. "Glass etching tool" means any etching tool or glass cutter. "Graffiti" means any unauthorized inscription, word, figure, character or design that is marked, etched, scratched, drawn, or painted. "Graffiti Implement" means an aerosol paint container, indelible marker, or a glass etching tool. "Indelible Marker Pen" shall mean any indelible marker, felt tip marker or similar implement containing non -water soluble fluid and has a flat, pointed or angled writing surface of 1/8 inch or greater. "Minor" means a person under 18 years of age. "Responsible Adult" means a parent or legal guardian of a minor or school teacher of a minor. 8.14.030 Unlawful to Apply 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, signs, sidewalks, and other personal property or paved surfaces located within the City. Any individual who is found guilty of violating this section shall pay restitution to the property owner or other person who is entitled to possession of the property upon which the graffiti was placed, in addition to other authorized penalties. If the violator is a minor, the minor's responsible adult shall be responsible for payment of such restitution in the discretion of the court in a criminal proceeding involving the minor. "Restitution" as used herein shall mean the recovery, in accordance with State law, of all damages resulting from the placement of graffiti contrary to the provisions of this Chapter, including, but not limited to, direct and indirect costs of the removal thereof. 8.14.040 Civil Debt Any person who defaces private or public property with graffiti shall be responsible to the property owner or person who is entitled to possession of the property for all damages occurring as a result of the placement of said graffiti, including, but not limited to, direct and indirect costs for the removal thereof. If graffiti is removed by the City, all costs of such removal, direct and indirect, shall be recoverable from the person who caused the graffiti. The obligations imposed pursuant to this Section shall be enforceable as a civil debt. 8.14.050 Furnishing Graffiti Implement to Minors Prohibited It shall be unlawful for any person, other than a responsible adult, or a school teacher for purposes of instruction, to knowingly sell, exchange, give, loan or in any way furnish to any minor a graffiti implement. 8.14.060 Possession of Graffiti Implement by Minors It shall be unlawful for any minor to have in his or her possession a graffiti implement while upon public or private property without the consent of the owner, lessee or operator of such property. 8.14.070 Parental Civil Liability Any act of willful misconduct of a minor which results in the placement of graffiti shall be imputed to the minor's responsible adult for all purposes of civil damages, including all attorneys' fees and court costs incurred in connection with the civil prosecution of any such claim for damages. The responsible adult shall be jointly and severally liable with the minor for all damage, not to exceed Ten Thousand Dollars ($10,000) for each chargeable act of the minor. This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to Civil Code Section 1714.1, Government Code Section 53069.5, Penal Code Section 640.5 or any other applicable provision of law. 8.14.080 Possession of Graffiti Implements in Public Places It shall be unlawful for any person twenty -one (21) years of age or younger to have in his or her possession a graffiti implement while in any public street, park, playground, swimming pool, recreational facility or other public place. The provision of this Section shall not apply to an authorized employee of the City, a public agency, or private utility, or an authorized employee of a person under contract with the City, a public agency, or private utility in the performance of official duties that necessitate of a person under contract with the City, an authorized employee of a public agency, or an authorized employee of a private utility company if such employee is performing official duties that require the use of a graffiti implement. 8.14.090 School Exception for Graffiti Implements Notwithstanding any other provision of this Chapter, it shall be lawful for any person to possess a graffiti implement while the person is attending, or traveling to or from a school at which such person is enrolled, if the person is participating in a class at such school, which has, as a class requirement, the need to use such a graffiti implement. 8.14.100 Restriction on Storage of Graffiti Implement Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers graffiti implements shall store or cause such aerosol containers graffiti implements to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale of such aerosol container graffiti implements. 8.14.110 Sign Required Any person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implement shall display at the location of retail sale of such graffiti implements a sign, in letters at least three - eighths (3/8) of an inch high, clearly visible and legible to customers which states as follows: "IT IS UNLAWFUL FOR THIS BUSINESS TO ANY PERSON TO SELL OR GIVE TO ANY INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS ANY AEROSOL PAINT CONTAINER, INDELIBLE MARKER PEN, OR GLASS ETCHING TOOL." 8.14.120 Reward The City Council may authorize the offer of rewards for information leading to the arrest and conviction of any person for a violation of any provision of this Chapter. The amount of any such reward and the procedures for claiming said reward shall be established, from time to time, by the City Council. 8.14.130 Nuisance It is hereby declared that the existence of graffiti on any building, structure, fence or landscaping is a public nuisance, and shall be abated as such as provided in this Code. 8.14.140 Prohibition Against Maintaining Graffiti on Private Property It shall be unlawful for the owners and /or persons in possession of property to permit graffiti or other inscribed material capable of being viewed from any public right -of -way within the city to remain on such property for more than seventy - two hours after notice from the city to remove the same. 8.14.140 Summary Nuisance Abatement This City Council has determined that the continued existence of graffiti on buildings, structure, fence, or landscaping within the City is obnoxious and a nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences, landscaping or other surfaces. The prompt removal of graffiti is necessary to prevent the proliferation of graffiti. Accordingly, it shall unlawful for the owners and /or persons in possession of the property to fail to abate graffiti on their property. Where the City Manager finds that graffiti has been placed on privately owned buildings, structures, fences, landscaping and the consent of the owner, or other person entitled to possession thereof, cannot, for any reason, be obtained for the entry by the City of its agents upon the property where such building, structure, fence or landscaping is located for the purpose of removing the same, the City Manager may cause the owner or persons in possession of the property to be notified to abatement of the graffiti in the following manner: Notice. The City Manager shall give the owner or other person entitled to possession of the building, fence, landscaping or structure not less than seventy -two (72) hours written notice to either self -abate the graffiti on the property, provide consent to allow the City to abate the graffiti at the owners expense, or face prosecution. that, unless the graffiti to which the notice relates is removed within the period of time set forth in said notice, the City will enter upon the property for the purpose of abating the public nuisance by removal of the graffiti. The notice shall also contain a statement that if the graffiti is not timely removed by such owner or person entitled to possession and the removal is done by the City or its agent that all cost incurred therein will be assessed against the property upon which said nuisance is located, in the time and manner set forth in this Code. Notice. The notice shall be given by personal service on the person to be notified, or by first class mail, addressed to the person to be notified at his /her last known address. Assessment of Costs. Where graffiti nuisance abatement costs are to be assessed against the property pursuant to the provisions of this Section, the same shall be accomplished in the time manner set forth in this Code. 8.14.150 Expenditure of Public Funds This City Council has determined that the continued existence of graffiti on buildings, structures, fences, or landscaping within the City is obnoxious and a nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences, landscaping or other surfaces. The prompt removal of graffiti is necessary to prevent the proliferation of graffiti. Accordingly, the City may is authorized to expend City funds to remove graffiti from publicly or privately owned real property within the City. At the City's discretion, such removal shall be performed by the City only after a finding by the City Manager that the graffiti is located on public or privately owned permanent structures located on public or privately owned real property within the City and after securing the consent of the owner or other person entitled to possession of the property pursuant to Section 8.14.140. 8.14.160 Penalties for Violation A violation of any provision of this Chapter, is a misdemeanor and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. SECTION 2. Severability. If any section, subsection, clause or phrase (hereinafter collectively referred to as provision) of this ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the City Council in adopting this ordinance that such invalidity shall not affect the remaining provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 3. That this ordinance shall take effect 30 days after final passage and adoption. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to published as required by law. PASSED AND ADOPTED this 3rd day of November , 1993. i r Mayor of the City of Mo rpark ATTEST: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK } I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 181 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of NOVEMBER , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: COUNC I LMEMBER MONTGOMERY ABSENT' COUNC I LMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this _ 4th _ day of NOVEMBER _ , 1993. 1,illian E. Hare City Clerk PAUL W LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK Mayor Maya Pro Tem Coundtmernb,r Counc,lmember Counolmember �1,v� F Tic � �•� :; Q MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK } I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 181 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of NOVEMBER , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: COUNC I LMEMBER MONTGOMERY ABSENT' COUNC I LMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this _ 4th _ day of NOVEMBER _ , 1993. 1,illian E. Hare City Clerk PAUL W LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK Mayor Maya Pro Tem Coundtmernb,r Counc,lmember Counolmember