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HomeMy WebLinkAbout701 - Ordinances ORDINANCE NO. 701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING GRAFFITI PROHIBITION AND REMOVAL The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Section 8.24.020 (Definitions) of Chapter 8.24 (Graffiti Prohibition and Removal) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "8.24.020 Definitions. "Aerosol paint container" means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. "Code enforcement officer" means the city manager or his or her duly authorized representative(s). "Etching substance" means any type of liquid, cream or paste product used to permanently etch glass. Ingredients of such etching substances may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid. "Felt tip marker" means any tipped style marker or similar implement with a tip which is at least one-eighth (1/8) of one inch in width at its broadest width. "Graffiti" means any inscription, word, figure, picture, painting, design, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, engraved, pasted, or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or despite advance authorization, is otherwise deemed by the code enforcement officer to be a public nuisance. "Graffiti implement" means an aerosol paint container, a felt tip marker, paint stick or graffiti stick, etching substance, or any other device containing any solution or substance capable of scarring or leaving a visible mark at least one-eighth (1/8) of one inch in width upon any surface. "Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, of leaving a mark at least one-eighth (1/8) of one inch in width." Ordinance No. 701 Page 2 of 3 SECTION2: Section 8.24.100 (Penalties and Civil Liability of Parents) of Chapter 8.24 (Graffiti Prohibition and Removal) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended by replacing subparagraph D with the following text to read as follows: "D. Pursuant to California Civil Code Section 1714.1(b), any parent or legal guardian having custody and control of a minor shall be jointly and severally liable with the minor for any damages resulting from any willful misconduct of the minor which results in the defacement of property by graffiti, and for all attorneys fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, not to exceed twenty- five thousand dollars ($25,000)." SECTION 3: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4: The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for forntal adoption, cerfification and signatures Ordinance No. 701 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 19th day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None Willi.am J. ',~,1{ ~"~nder, Mi ,or Al-rEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 5th day of February 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of February 2003. Executed this 20th day of February 2003, at Rancho Cucamonga, California.