HomeMy WebLinkAbout515 - Ordinances AN CSDINANCE OF ~HE CITY OF RANCHO ~ AMBIqDIbG
TITLE 8 OF ~ME RANtliD aXZAMII~GA M/qICIPAL CCOE BY
REPE~r.TNG (}EAPI~R 8.24 AND AII)ING A N~q (}RPT~R 8.24
~he City Council of the City of Ra~ho Cuc~re~ does ~Cein as
follows:
eapter 8.24 of the Ranaho Cuomu.~ amicipal ~ is repealed. A
new C~pter 8.24 is hereby added to Title 8 of the ~ancho CUcammrJa Municipal
Code to read, in words and figures, as follows:
"~3~=r 8.24
"Sections:
"8.24.010 Ptwpose and interft.
"8.24.020 Def//liticeB.
"8.24.030 Urllawfl/1 to apply graffiti.
"8.24.040 Possessic~ of graffiti implemmts and
"8.24.050 Poeseseial of graffiti implenents
prohibited in designated IRlblic places.
"8.24.060 Accessibility to graffiti implements.
"8.24.070 Graffiti rmnval provisicrs.
"8.24.080 Pawards.
"8.24.090 Rei~0~rBe~lt of cellular phoebe ccsts.
"8.24.100 Penalties and civil liability of
parents.
"8.24. 010 PurpcBe and interft.
fh~s '~he City Camcil of the City of m~ho Cuc~nx~ hereby s~ecific~ly
· that graffiti on public ar~ private lxRoerties is an immsdiate and
serious threat to the safety and ~elfare of the Cxa-.-mity. Furthermn~e,
graffiti encourages gang and other cr~m~-~ activities thereby threatanivq the
safety of citizens of the city. Additice~311y, both lmblic and private
prupexties are experiencin~ a drastic increase in graffiti which is costly to
rewve and creates a necjative image of the City of Rancho ~n~__mc~rja Graffiti
that has been the target of such vandalism, but also depreciates the value of
the entire City.
"State law authorizes the City, under certain ciroastancee, to
provide for the rexTa/of graffiti and other inscribed materials fr~n private
as ~ell as public propevty. The Council finds and determinee that graffiti is
obnoxious and a public nuisance and unless the City causes it to be ~
fr~n public and private property, it tends to m in. Other properties then
Ordinance No. 515
beccee the target of graffiti with the result that entire neighborhoods are
affected and beecram) less desirable places in which to be.
"It is the ~ and intent of the City Council, thruugh the
adoption of this Chapter, to provide additional enforcenent tools to protect
public and private property frum acts of v'~li~:m~ and defacement, including
the application of graffiti on privately and publicly c~ed walls and
further intent of the City ~il, through the adoption of this Chapter, to
provide notice to all of those who disregard the property rights of others
that the law enf~ agencies of the City, the Sheriffs Deplrtmmnt and
District Attcrney,s office, will strictly enforce the law and vigorously
prosecute thoee persons err3ag~ in the defacenent of public and private
properties.
"8.24.02_0 Definitions.
"A. Aerosol Paint Oxxtainer. "Aeroeol paint container" m~_ns any
aerusol container which is adapted or made for the purpose of spraying paint
or other substance capable of defacing
"B. Felt Tip Marker. "Felt tip marker" means any tipped style
marker or similar implement with a tip which, at its bruedest width, is cne-
eighth (1/Sth) irrh or greater.
"C. Graffiti. "Graffiti" means any inscription, word, figure, or
affixed to or on any surface, to the extent the same was not authorized in
advance by the owner therof, or, despite advance authorization is otherwise
dccmed by the City Council to be a public miisance.
ccrrta/Jmr, a felt tip marker, or any other device cc~minin~ any solution or
substance capable of being used to leave a visible mark at least one-eighth
(1/Sth) of an ~ in width upon any surface.
It shall be unlawful for any person to apply graffiti to any trees or
~haZl'also be Umpb~) ted within the City. Zt
any person apply or affix any
"S.24. ~0 ~ of mZrZi~ ~ a~
It shall be unlawful for any re{nor to have in his or her poesession
any graffiti implement or scribirx/device while upcml public pr~ or upon
O~No. 515
private pro~ without the ccree~ of the owner of exmh private
w~ose ccrsent to such poesessic~ and presence is give~ in writing in
advance. FUr purpcees of tb~m Sectira, "scribing device. means any drill bit,
'~{- Secticm shall not at~ly to the poesessi~l of a felt tip marker
by a m~ncr attending, or traveling to or from a school at ~lich the m{~ar is
enrolled, if the m~nor is partic~tixN in a class at sa~d school ~hich
formally requ{~es the possessic~ of such felt tip markers.
"It shall be unlawful for any persell to have in b~ or her pcesessic~
any graffiti implement while in any public park, p~, mdmi~g pool
recreati~lal facility, or while in or within ten (10) feet of any un~'
ak,.ztment, storm drain, or other simi r type of infr tnzu=6
normally used by the public, exuept as may be autharized by the City.
"A. to minors prohibited. It sha l be Uawnn for any
loan~a~_, or
of the parent or lawful guardian which coreeat shall be given in advace in
writing.
"B. Display ~. No persc~ or business engaged in a
without employee assistance. TWo such ac~le methods for displayir~
graffiti implements for sale shall be by ccrfcair~nt in (1) a cc~01etely
a buildir~ or structure, and which shall, at all times exaept durir~ acoess by
authorized re/x~ee~ati~es re~ain securely loc~a- or (2) in an elclceed area
behir~ a sales or servi~ counter f~-~a~ which ~ public is precluded frcm
entry. Nothing herein shall relieve such persol1 or business entity frcm, at
all times, cumplyir~ with the requ/remm~cs of California Penal Code Sectic~
594.1 (c) by postir~ signs as described therein.
business of selling, provid/n~ or tradin~ graffiti implemmts shall st~ any
graffiti implement e~ in either (1) a c~pletely er=loeed roam ~ahich shall
at all times ex~ during a~_ec~ or actual ~ by the owner or an
authorized adult re~Teser~ative of the owner, remain semarely locked; or (2)
permanently affixed to a kuildir~ or buildir~ structure, and ~kich shall, at
all times ex~ during access by the owner or an authorized adult
ref=eseltative of the owner, rem/n seoarely locked. For purposes of this
Ordinance No. 515
Section, an owner cT authorized re/3reeentative of the owner, shall be dee~ed
to actually occupy a roce even durir~ brief periods of absence if the rocm is
'~. Civil responsibility for damages for wr~ display
of any graffiti implement in violation of the provisions of this Sectic~ shall
be personally liable f~r any and all costs, including attorneys fees and cuurt
costs, inc~e/by any party in cc~nectic~ with the reinreel of graffiti, the
repair of any property cc~ta~ graffiti, or such party's pmeecutic~ of a
civil claim for reimbursement or damages resulting from suc~ graffiti
or property re,a/r, arising free the use by any perscn of suc~ wrcrr/fully
displayed or stored graffiti implemmnt in violatic~ of the provisions of any
of the CalifcTnia Penal Code Secticrs set forth in Sectic~ 8.24.080 A. 1.
hereof, cT Secti~l 8.24.030 of tb~-~ Chapter.
"8.24.070 ~ re~val
"A. Right of City to require re~val. It is unlawful for any persun
who is the owner, or who has primary respcrsibility for emtrol, of private
~Tc~rty or who b~-~ primary respcrsibility for the re~eir or ma/nte~ance of
private property ('~Mpcreible Party" hereinafter in tb~-~ Sectin), to permit
said pru~Mrt7 to be defaced with graffiti for a period in eMoess of seve~ (7)
days after service by City by first class mail of notice of ~, unless (1)
said per~m shall derrstrate by a ~re~r~erance of evidence that he or she
does not here the financial ability to remove the defacing graffiti; or (2) it
can be der~-trated that the Ree~xmsible Party has an active program for the
removal of graffiti and has scheduled the rer~al of the graffiti as part of
that program, in which case it shall be unlawful to permit such property to
retain defaced with graffiti for a period of fifteen (15) days after service
by first class mail of notice of same.
"B. Declaratic~ of miisanoe.
"1. Graffiti as a nuisance. ~he City Council hereby declares
and finds graffiti to be a nuisance subject to a~tement acucrdin~ to the
"2. Graffiti attract/n~ surface as a N,{u_~ce. ~he existaxm
of any surface of a stzucture c~ any privately owned pereel of land w~ich has
been defaced with graffiti after k-~-~al ~ than five (5) times in twelve
(2) ~nths is herey Userod to be a .uisa.~, and my be abeted by the City's
acc~di~ to t~ ~is~ a~ ~ ~t f~th in e~pter 8.23 of
of such surfaces at the epemm of the ~erty oMmr(s) of said lot, not to
em3sed a total cost of $500.00, or at the cuet of the City at the City's
neoeseary to reduce the attractiveness of the surface for graffiti, or as
neceeeary to ~mrmit m~re ccr~amient expedient or effici~ removal of ~raffiti
therefrom.
"C. Right of City to remove.
"1. Use of public funds. Mienever the City becomes aware that
f
graf iti is located c~ public or private prc~erty viewable frce a public or
quasi-public place within the City, the City shall be authorized in its
discretic~ to use public funds for graffiti removal, or for re~e/nting or
repairir~ of said property. Ihe City shall further be authurized to require a
removal m, or the re~ or re~airi~/of ~R~rty owned by another public
entity without prior ~.
'~his ~ction shall not auth~i~ the re~e/nti~ or re~air~ of
City alefermi/me that a ~more_ extensive area is required to be re~m/nted or
re~a~ in crc~r to avoid aesthetic disfiguremint to the nei~ or
c<am,unity, or unless the Responsible Party agrees to pay for the costs of
"2. Right of entry ~n private property.
private property or property owned by a public entity other than the City, for
the purpose of ~1 of graffiti, the City shall attempt to secure the
consent of the Responsible Party, and a release of the City frum l{~hility for
"b. Failure to obtain owner ccr~ent. If a Reepels~le
Party fails to remove the offending graffiti and the Resp~mible Party shall
the terms of this Section, the City may cum~mce abatemBnt and ccet recovery
~rooeeltrr3s for the removal of the graffiti pursuant to the provisions of
Chapter 8.23 of this Code, which ~Dcedures authorize the recovery of all
costs inolrred by the City in abating graffiti including the reocrdatic~ of a
lien as to affected property.
D. ~a-~e of removal [=ovisicrs.
"1. C<a.,~, utility colors and paint-type.
operating in the City, other than an electric utility, shall paint their
above-surface metal fixtures which are installed after the effective date of
th~-~ Chapter, with a uniform paint type and color as directed by the City
Manager.
"2. Conditions on encroachment permite.
"~lcroac~ment permite issued by the City may, amcr~ other
things, be cc~liticr~d on (1) the permittee applying an anti-graffiti material
to the ex=Dac~ing object or structure of the type and nature that is
Ordinance No. 515
ac~hle to the City Manager, or his cr her desi~; (2) the iraradiate
re~a~'by the permittee of any graffiti; (3) the right of the City to ~e
graffiti cer to paint the ex=Dadltng c~ect or strlacture; (4) the permittee
providing City with sufficient matching mint and/or anti-graffiti material cn
demnd f~r use in the minting of the encroaching object ~r structure
ccnta/ning graffiti.
"3. Corrtiticns on discretionary approvals.
use e~titlements cr develc[ment cr design applications, the City my impose
graffiti removal requirements cr any cr all of the following ccnditicns, cr
other similar ~r related cunditicns;
"a. Use of anti-graffiti material.
Applicant shall apply an anti-graffiti material of a type and nature that is
ac~le to the City Manager, ~r his cr her desi~, to such of the
publicly-viewable surfaces to be constructed cn the site dccmed by the City
Manager, CT designee, to be likely to attract graffiti ("Graffiti Attracting
"b. Right of access to rem3ve graffiti.
Applicant shall grant in writing, the right of entry over and access to such
parcels, upon 48 hours posted notice, by authurized City e~l~ cr agents,
fcr the pul~x3ee of removing car '~mintirg of" graffiti cml Graffiti Attracting
shall be made an ~ cunditicn of approval and shall be dccmed to run with
"c. Supply City with graffiti-removal material.
period of years after approval, m~vide the City with
sufficielt matrhirg
paint and/(= anti-graffiti material on demnd for use in the painting over ~r
rem3val of designated Graffiti Attracting Surfaces;
"d. Owner to ]amediately rem3ve graffiti.
Petsors 1
app ying fur subdivision m_-~_ shall, as pert of any cc~diti~s,
in a fCrm satisfac~ to the City, that the c~ners of the lots shall
]ammdiately retake any graffiti placed cn publicly viewable trees ar~
stz%K~curee ~ to City's satisfactic~l.
"~3t_~ ~M~.
"A. Rsard Auth~ity.
"1. PtxrstBrfc to Sectic[1 53069.5 of the California Go~.~x~
suc~ locaticre as my be set by resolution of the City Council, for
infcrmatim leading to the arrest and ccmvictic~ of any persun fur violatim,
witb/n the City, of California PeIB1 Cocle SecticlB 594 or 594.3 by Ule taee of
graffiti, Pellal Code SecticlB 640, 640.5, 640.6, or Sec~iclB 8.24.030,
8.24.040 or 8.24.050 of this Chapter. In the e~nt of m~ltiple ccmtrihtacre
of inf~mattcn, the reuard aw~nt shall be divided by the City in the ~am~r
it shall ~eem al~copriate. For the pEpoeee of tb~ Section, diversion of the
violator to a _rrmm.~tty service lx~Jram, a plea bargain to a lesser offerse,
"2. Claims for reuards urder this Sectiota shall be filed with
the City. Each claim shall:
"a. SFecifically idmtify the data, location ard k/rid of
"c. Identify the court and the date upm which the
"3. No clahn for a reuard shall be allowed by the City Council
unless the City investigates ard ~erifies the accuracy of the claim and
c~:erzLjrms that the ~ of th/s Sectic~ ha~e been satisfied. Once
within the City's ordinay course of business.
be civilly liable for any reuard paid lawsuant to tb~- Section pursuant to the
prx3v/sicFe of Califcrrtia Goverrl~ff~ Cocle Section 53069.5.
"8.~-4.~0 ~h_~ of ~ Ux~e co~s.
'~e city a~a~l retmh=se to any ~ rqxtting by mane of a
cellular ltK~e an act of graffiti vardaliem preeent/y occurring within the
City, the amount of the actual phcre charges, ex=lusive of taxes, incurred by
"A. Crim/nal penalties. Any violation of the- ~ shall be a
permitted by Calif~,aa Penal C~e Section 594 ard/or any other Nzovisi~ of
"B. Additiclml penalties available.
Ord~ No. 515
'~emnever ~ appropriate, it is the City's intent to petitic~ a
sentencir~ court to ~ the following additonal penalties upon conviction;
"1. Litter cr graffiti cleam/p pursuant to California Vehicle
Code Sectic~ 42001.7, ~ cu~viction of violation of
California Vehicle Code Sections 23111, 23112 or 23113 (a) .
"2. Suspension or delay of issuance of a driver's licetee
pursuant to California Vehicle Cede Section 13202.6 ~ a
graffiti-varr~/ism c~viction.
"3. Performance of c~unity service, including graffiti
reinreal service by any minur determined to be a ward of the
court as a result of c~mmitting a v~ndalism-related offeree
in the City of Rancho Cucemorr3a, as provided in California
Welfare and Instituti~ls Code Sections 728 and/or 729.6.
"4. Performance of ccmmanity service, including graffiti
removal service of up to 100 hours by any mitre datermined
to be a ward of the court as a result of c<a~itting a dru~
related offense in the City of Rancho C~, as
Section 729.8.
"C. It is the City's further intent that pursuant to California
Peril Cude Section 640.6 (a) , all acts of graffiti-vandalism occurring within
the City shall be ~rceecute~ as misdeMenu~ or felonies papaant to
'~3. Pursuant to California Civil Code Section 1714.1, ally parent or
legal guardian whcee min~r child possesses a graffiti implement, shall be
perscrelly liable for any and all costs to any persun or busir--~s irrurred in
ccr~Bction with the re,oval of graffiti caused by said c~ild, or by said
graffiti implement, ar~ for all atturney,s fees and court costs incurred in
curmection with the civil [=usecution of any claim for dameges or
re~, up to $10,000.00.-
A violation of any of the provisicr~ of this Ordinance shall
cu~stitute a rmisance an~ may be abet_~a by the C'
~a~ of ~ ~U~, --- ity Um~r3h civil ~ by
~reliminary or permanelt injunction, or in any
other rammet ~rovided by law for the ~_~_~.t of suc~ -u/sance.
~ 3- If any section, subeection, senter~e, clause,
invalid or un~mstiUfci~l by the decision of any court of
jurisdiction, such decision shall n~t affect the validity of the
pxtion of this OMina.~. ~e City emncil of the City of Rmx~o CucMu.~
her~ declares that it wuuld ba%m ado~ this Ordinance and eac~ sectira,