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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~he City Council of the City of Ra~ho Cuc~re~ does ~Cein as follows: eapter 8.24 of the Ranaho Cuomu.~ amicipal ~ is repealed.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,