AN
ORDINANCE OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, RELATING TO GRAFFITI
ABATEMENT, AEROSOL PAINT AND DYE CONTAINERS AND MARKER PENS AND AMENDING THE
SOUTH EL MONTE MUNICIPAL CODE
THE
CITY COUNCIL OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, DOES HEREBY ORDAIN AS
FOLLOWS:
Section
1: Chapter 8.36 (Nuisance Abatement) of Title 8 (Health and Safety) of the
South El Monte Municipal Code is amended as follows:
a.
Section
8.36.015 is added to read as follows:
“8.36.015
Definitions. As used in this chapter,
graffiti means any unauthorized inscription, word, figure, or design that is
marked, drawn, or painted on any structural component of any building,
structure, or other facility, regardless of the nature of the material of that
structural component.”
b.
Section
8.36.020 (Property conditions constituting public nuisance) is amended by
adding paragraph 6 to subsection 1 to read as follows:
6. Are neglected or maintained in a condition which
contributes substantially to the deterioration and unsightliness of the
neighborhood or of the community. This
neglect includes, but is not limited to, building exteriors. This neglect includes, driveways and
walkways which are defaced by graffiti visible from the public right-of-way or
other public property;
C. Section 8.36.095 is added to read as follows:
“8.36.095 Graffiti abatement. A. Whenever the Director of Community
Development (the “director”) determines that graffiti has been applied to
permanent structures located on public or private property within the City, the
director may use city resources to remove the graffiti, provided that the
director finds that the graffiti is obnoxious and provided that the director
secures the consent of the owner of , or entity having jurisdiction over, the
structure. The director may authorize
the use of the city resources for the removal of graffiti no more than six
times per fiscal year on any one private property.
B. Whenever the director determines that graffiti
located on private property constitutes a public nuisance, and the owner of
such property does not consent to the use of City resources to remove graffiti
from such property, the director shall direct that the nuisance be abated by
the property owner or occupant pursuant to Section 8.36.030.
C. If the property owner or occupant fails to abate
the nuisance within the time and in the manner provided in any order of
abatement issued pursuant to Section 8.36.040, the director shall cause the
nuisance to be abated pursuant to Section 8.36.070, and the cost of such
abatement shall be assessed against the property pursuant to Section 8.36.080.”
Section 2: Chapter 9.20 of Title 9 (Public Peace, Morals and Welfare) of the South El Monte Municipal Code is amended to read as follows:
Chapter
9.20
AEROSOL SPRAY PAINT AND DYE CONTAINERS AND MARKER
PENS
Sections:
9.20.10
Sale
of dye containers
9.20.020 Location
of aerosol spray paint and dye containers and marker pens. 9.20.030 Possession
of dye containers and marker pens in public facilities.
9.20.40
Possession
of dye containers by minors on public streets
9.20.010
Sale of dye containers. No person,
other than the parent or legal guardian of the minor, shall sell or in any way
furnish any dye container to any person under the age of eighteen years.
9.20.020
Location of aerosol spray paint and dye containers and marker pens. No person who owns, conducts, operates or
manages a retail commercial establishment selling aerosol spray paint or dye
containers, or marker pens with tips exceeding four millimeters in width containing
anything other than a solution which can be removed with water after it dries,
shall store or cause such aerosol spray paint or dye containers or marker pens
to be stored in an area accessible to the public without employee assistance.
9.20.030
Possession of dye containers and mark pens in public facilities. No person shall have in his or her
possession any dye containers, or any marker pen with a tip exceeding four
millimeters in width containing anything other than a solution which can be
removed with water after it dries, while in any park, playground, swimming
pool, recreational facility, school or other publicly owned facility except a
street, alley, way, highway or sidewalk unless authorized by an employee or
officer of the public agency owning or having control of the publicly owned
property.
9.20.040
Possession of dye containers by minors on public streets. No person under the age of eighteen years,
when on a public street, alley, way, highway or sidewalk shall have any dye
container in his or her possession or in any vehicle in which said person is a
passenger or driver, unless the person is accompanied by his or her parent or
legal guardian.”
Section 3. If any part, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is held invalid or unconstitutional for any reason by any court, that decision does not affect the validity or constitutionality of the remainder of this Ordinance. The City Council declares that it would have adopted each part, section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the validity of any other part, section, subsection, paragraph, sentence, clause or phrase.