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.