URGENCY
ORDINANCE FOR PASSAGE
Ordinance
No. 823 – Relating to the Prevention, Prohibition, and Removal of Graffiti
This
proposed ordinance was reviewed with the Council in draft form at your March 25
meeting. Procedural and form
modifications have been made in response to the from the City Attorney and area
district attorneys. None of the
modifications impact the substantive provisions of the ordinance.
Because
of the urgent need to impact the effects of graffiti on the Santa Fe Springs
community, it is recommended that this ordinance be adopted on any urgency
basis and in so doing making it effective immediately. Public input and review was provided by the
placement of this item on the March 25 agenda.
The
significant provisions of this ordinance are:
1.
Declares
graffiti a public nuisance and in so doing gives the City the authority under
its police powers to become more significantly involved in regulation and
enforcement.
2.
Broadens
the definition of a graffiti implement to include felt tip markers, greater
than 1/8th inch in width, or a paint stick or etching tool capable
of scarring glass, metal, concrete or wood.
3.
Makes
it illegal for adults and juveniles to possess graffiti implements in or near a
variety of public locations, including city and school facilities and public
infrastructures.
4.
Requires
commercial sellers of graffiti implements to store them in such a way as to
make them not accessible without employee assistance.
5.
Sets
forth the City’s policy on the removal of graffiti. Additionally, it gives the person applying the graffiti 24 hours
to remove the graffiti, upon notice, or suffer restitution consequences. This would have to be done in a manner
approved by the City.
ORDINANCE
NO. 823
AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS,
CALIFORNIA, RELATING TO THE PREVENTION, PROHIBITION, AND REMOVAL OF GRAFFITI.
WHEREAS,
there is a current and immediate threat to the public health, safety, and
welfare posed by the onslaught of graffiti which the City is experiencing; and
WHEREAS,
said onslaught of graffiti is causing a blighted condition throughout the City
and threatens to undermine community property values; and
WHEREAS,
immediate action is required to stem the tide of graffiti
The
City Council of the City of Santa Fe Springs does hereby ordain as follows:
Section
1. The following new chapter 25 is
hereby added to the Santa Fe Springs City Code:
“Graffiti
Prevention, Prohibition and Removal”
Section
25.1 Purpose and Intent
The
purpose of this Chapter is to help prevent the spread of graffiti and to
establish a program for its removal from public and private property. The spread of graffiti on both public and
private buildings, structures, or places causes blight within the City which
results in a deterioration of the City.
The City Council finds and determines that graffiti is obnoxious and a
public nuisance which must be abated so as to avoid the detrimental impact of such
graffiti on the City and to prevent the further spread of graffiti. The City Council further finds that the
application of graffiti, as defined herein, is willful misconduct which damages
or destroys property. Government Code
Section 53069.3 permits the use of City funds to remove graffiti from public or
privately owned permanent structures located on public or privately owned real
property in the City.
Section
25.2 Graffiti Defined
Graffiti:
means any unauthorized inscription, word, figure, or design that is marked,
etched, scratched, drawn, or painted on any surface of public or private
buildings, structures and placed.
Aerosol
Paint Container: means any aerosol 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.
Felt
Tip Marker: means any indelible marker or similar implement with a tip which,
at its broadest width is greater than one-eighth (1/8th) inch,
containing an ink that is not water soluble.
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, leaving a mark at least one-eighth (1/8th) inch in
width, visible from a distance of 20 feet, and not water soluble.
Graffiti
Implement: means an aerosol paint container, a felt tip marker, or a paint
stick or etching tool capable of scarring glass, metal, concrete or wood.
(1)
It is unlawful for any person to paint, chalk, etch, or otherwise apply
graffiti on public or privately owned buildings, permanent structures, or
places located on public or privately owned property within the City.
(2)
The existence of graffiti upon public or private property is hereby declared to
be a public nuisance.
No person shall have in his or her possession any graffiti
implement while in any public park, playground, swimming pool, public
recreational facility, other public building owned or operated by the City of
Santa Fe Springs or while loitering in or near an underpass, bridge abutment,
storm drain, and other similar types of infrastructure not normally used by the
public. This does not apply to
employees or authorized agent of the City, patrons of the facility engaged in a
bonafide project authorized by agents of the City, nor authorized employees of
an individual or company under contract with the City which requires the use of
such materials.
No
person shall have in his or her possession any graffiti implement on any school
property, grounds, facilities, buildings, or structures, nor in areas
immediately adjacent to these specific locations. This does not apply to authorized employees or authorized agents
of the School, school children lawfully possessing implements as agents of the
school or where authorized by the school to be engaged in bonafide school
projects, nor authorized employees of an individual or company under contract
with the School which requires the use of such materials.
Every
person who owns, conducts, operates, or manages a retail commercial
establishment selling graffiti implements shall store or cause such implements
to be stored in an area not accessible to the public without employee
assistance, pending legal sale or disposition of such implements.
Graffiti
may be removed by either of the following methods:
(1)
Any
person applying graffiti within the City shall have the duty to remove same
within twenty-four hours after notice by the City or the public or private
owner of the property involved. Such
removal shall be done in manner prescribed by the City Manager or his/her
representative. Any person applying
graffiti shall be responsible for such removal or for the payment thereof. Failure of any person to so remove graffiti
shall constitute an additional violation of this Chapter. Where graffiti is applied by an unemancipated
minor, the parent(s) or legal guardian (s) shall be responsible for such
removal or for the payment into equivalent forms of community service
hours. Such payments or equivalent
forms of community service hours shall be in addition to any penalties imposed
under this violations provisions of this article.
(2)
Whenever
the City Manager or his/her designated representative determines that graffiti
is so located on public or privately owned structures on being viewed by a
person utilizing any public right-of-way in this City, the City Manager, or
his/her designated representative, is authorized to provide for the removal of
the graffiti solely at the City’s expense, without reimbursement from the
property owner upon whose property the graffiti has been applied, upon the
following conditions:
(a)
In
removing the graffiti, the painting or repair of an area more extensive than
where the graffiti is located shall not be authorized, except where the
structure or property is City-owned and the city Manager or his/her designee
determines that a more extensive area is to be repainted or repaired, or where
the private property owner, or other public entity owner agrees to pay for the
costs of repainting or repairing a more extensive area.
(b)
Where
a structure is owned by a public entity other than the City, the removal of the
graffiti may be authorized only after securing the consent of the public entity
having jurisdiction over the structure and release of the City from liability.
(c)
Where
a structure is privately owned, the removal of graffiti by City forces or by a
private contractor under the direction of the City may be authorized only after
securing the written consent of the owner and release of the City from
liability.
Pursuant
to Government Code Section 53096.5 the City Council may, by resolution,
establish a reward for information leading to the identification, apprehension,
or conviction of any person who places graffiti upon any public or private
property in the City. In the event of
damage to public property the convicted offender or the parent (s) or legal
guardian (s) of any unemancipated minor so convicted must reimburse the City
for any reward paid.
In
addition to other penalties under state law which may be applicable, any
violation of this chapter shall be a misdemeanor offense punishable by either
six (6) months in jail, a $1,000 fine, or both such fine and imprisonment.
Section
2. This Ordinance shall become
effective immediately upon its adoption.
Section 3. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be posted in at least three (3) public places in the City, such posting to be completed not later than fifteen (15) days after the passage hereof.