AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, RELATING TO THE SALE AND
POSSESSION OF AEROSOL PAINT AND DYE.
The
City Council of the City of Hawthorne, California, does hereby ordain as
follows:
SECTION
1. Chapter 5.84 of the Hawthorne Municipal Code is hereby repealed in its
entirety.
SECTION
2. There is hereby added as Chapter 5.84 of the Hawthorne Municipal Code the
following:
CHAPTER
5.84
SALE
AND POSSESSION OF AEROSOL PAINT AND DYE
Sections:
5.84.010
Spray Paint; Sale to Minors Prohibited
5.04.020
POSSESSION; PROHIBITION OF SPRAY PAINT IN PUBLIC PARKS AND BUILDINGS
5.04.030
POSSESSION; prohibition of possession by minors of spray pint in streets and
other public places
5.04.040
STORAGE REQUIREMENTS FOR SALE OF AEROSOL SPRAY PAINT CANS.
5.84.010
Spray Paint, Sale to Minors Prohibited
a.
No
person shall sell or cause to be sold to any person under the age of eighteen
(18) years any aerosol container of paint capable of defacing property. For the purposes of this section, any
aerosol container of paint or dye or other liquid, shall be deemed “capable of
defacing property” if, when applied to any surface, it leaves an opaque and
insoluble residue which cannot be removed by ordinary application of soap and
water.
b.
For
the purpose of this Section, bona fide evidence of majority and identity of the
persons shall mean a document issued by a Federal, State, County or municipal
government or subdivision or agency thereof, including by not limited to, a motor
vehicle operator’s license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a member of the
Armed Forces.
Proof
that the defendant, or his employee, or agent, demanded, was shown and acted in
reliance upon such bona fide evidence in any sale transaction forbidden hereby
shall be a defense to any criminal prosecution thereof.
c.
Any
person who owns, managers or operates a place of business wherein aerosol
containers of paint capable of defacing property are sold shall conspicuously
post a copy of subsection 5.84.010 (a) in such a place of business in letters
at least three-eights (3/8) of an inch high.
5.84.020
Possession; Prohibition of Spray Paint in Public Parks and Buildings
No
person shall have in his possession any aerosol container or paint, capable of
defacing property while in any public park, playground, swimming pool,
recreation facility, public building or other public place (other than highway,
street or alley), except authorized employees or agents of the City or person
having the authorization of the City.
Nothing in this Section shall be deemed to prohibit the possession of an
aerosol porperty of any school as defined by the Education Code, by a teacher
or authorized agent of such a school or any other person under the direct
supervision and control of a teacher of such a school.
5.84.030
Possession; Prohibition of Possession by Minors of Spray Paint in Streets and
Other Public Places.
No
person under the age of eighteen (18) years shall have in his possession any
aerosol container of paint capable of defacing property while on any public
highway, street, alley or way unless such person is accompanied by a parent or
guardian.
5.84.040
Storage Requirements for Sale of Aerosol Spray Paint Cans.
Any
business or establishment offering for sale to the public aerosol spray paint
cans of containers of eighteen ounces or less shall keep, store and maintain
such aerosol spray paint cans or containers in a place that is locked and secured,
or otherwise made unavailable to the public.
Section
3. The City Clerk shall certify the
passage and adoption of this ordinance and shall cause the same to be published
once in a newspaper of general circulation, published and circulated in the
City of Hawthorne, California, or if there is none, he shall cause it to be
posted in at least three (3) public places in the City of Hawthorne,
California.
PASSED,
APPROVED and ADOPTED this ____________________________ day of _______, 1993.
______________________________
STEVE ANDERSEN, Mayor
City of Hawthorne, California
ATTEST:
___________________
City
Clerk
APROVED
AS TO
FORM
____________________
MICHAEL
ADAMSON
City
Attorney
ORDINANCE
NO. 1549
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY 0F HAWTHORNE, CALIFORNIA, ADDING
CHAPTER 9.96 TO THE HAWTHORNE MUNICIPAL CODE RELATING TO LOITERING FOR PURPOSE
OF DRUG RELATED ACTIVITIES.
The
City Council of the City of Hawthorne, California, does
hereby
ordain as follows:
SECTION
I. Chapter 9.96 is hereby added to the Hawthorne
Municipal
Code to read as follows:
CHAPTER 9.96
LOITERING FOR DRUG
ACTIVITIES
SECTIONS:
9.96.010
Acts prohibited
9.96.020
Circumstances
9.96.030
Enforcement
9.96.040
Duration of Ordinance
9.96410
Acts Prohibited
It
is unlawful for any person to loiter in, on or near any thoroughfare or place
open to the public or near any public or private place in a manner and under
circumstances manifesting the purpose of engaging in drug‑related
activity defined as offenses in Chapters 6 and 6.3 of Division to of the
California Health and safety Code.
9.96.080
Circumstances
Among
circumstances that may be considered in determining whether such purpose is
manifested are that the person:
A.
Is
a known drug user, possessor, or seller. For purpose of this chapter, a
"known unlawful drug user, possessor, or seller" is a person who has,
within the knowledge of the arresting officer, been convicted in any court
within this state of any violation involving the use, possession or sale of any
of the substances referred to in Chapters 6 and 6.5 of Division 10 of the
California Health and safety Code, or such person has been convicted of any
violation of any of the provisions of said sections or substantially similar
laws of any political subdivision of this state or of any other state; or a
person who displays physical characteristics of drug intoxication or usage,
such as "needle tracks"; or a person who possess drug paraphernalia
pursuant to Chapter 9.98 of this code;
B.
Is currently subject to an order prohibiting his or her presence in a high drug
activity geographic area;
C.
Behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is then engaged in an unlawful drug‑related
activity, including by way of example only, acting as a "lookout".
D.
Is physically identified by the officer as a member of a "gang", or
association which has as its purpose illegal drug activity;
E.
Transfers small objects or packages for currency in a furtive fashion:
F.
Takes flight upon the appearance of a police officer;
G.
Tries to conceal himself or herself or any object which reasonable could be
involved in an unlawful drug-related activity:
H.
Is in an area that is known for unlawful drug use and trafficking;
I.
Is on or in premises that have been reported to law enforcement as a place
suspected of unlawful drug activity:
J.
Is in or within six feet of any vehicle registered to a known unlawful drug
user, possessor, or seller, or a person for whom there is an outstanding
warrant for a crime involving drug related activity.
9.96.030
Enforcement
Enforcement
of this Chapter shall be pursuant to a policy statement issued by the Chief of
Police. A copy of said policy statement shall be kept on file in the office of
the City Clerk.
9.96.040
Duration of Ordinance
This
ordinance shall be deemed automatically repealed six months from its effective
date.
SECTION
2. The City Clerk shall certify the passage and adoption of this ordinance, and
shall cause the same to be published once in a newspaper of general
circulation, published and circulated in the City of Hawthorne, California, or
if there is none, he shall cause it to be posted in at least three (3) public
places in the City of Hawthorne, California.
PASSED,
APPROVED and ADOPTED this
_____________________________day of _______________, 1993.
________________________
STEVE ANDERSEN, Mayor
City of Hawthorne,
California
ATTEST:
______________________________________________
City
Clerk
APPROVED AS TO FORM:
________________________
MICHAEL ADAMSON
City Attorney
ORDINANCE NO. 1550
AN ORDINANCE OF THE CITY
COUNCIL OF
THE CITY OF HAWTHORNE,
CALIFORNIA,
RELATING TO THE PREVENTION,
PROHIBITION, AND REMOVAL OF
GRAFFITI.
The
City Council of the City of Hawthorne, California, does hereby ordain as
follows:
SECTION
1. Chapter 8.22 of the Hawthorne Municipal code is hereby repealed in its
entirety
SECTION
a. There is hereby added as Chapter 8.22 of the Hawthorne Municipal Code the
following: CHAPTER 8.22
Graffiti
prevention, Prohibition and Removal',
Sections:
8.22.010
Purpose and Intent
8.22.020
Graffiti Defined
8.22.030
Graffiti Prohibition
8.22.040
Possession of Graffiti Implement
8.22.050
Removal of Graffiti
8.22.060
Reward
8.22.010
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
cause blight within the city which results in a deterioration of property and
business values for adjacent and surrounding properties, all to the detriment
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.
8.22.020
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 places.
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 tap 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.
8.22.030
Graffiti Prohibition
A.
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.
B.
It is unlawful for the owner of any private property to permit graffiti to
remain so as to be capable of being viewed by a person utilizing any public
right‑of‑way in the City such as a road, parking or alley.
8.22.040
Possession of Graffiti Implement
No
person shall have in his or her possession any graffiti implement while in any
public park, playground, swimming pool, public recreational facility, public
buildings or any public right‑of‑way in the City. This section
shall not apply to authorized employees of any individual, agency or company
under contrast with the city.
8.6.64.050 Removal of Graffiti
Graffiti
may be removed by any 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. 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)
shall be responsible for such removal or for the payment therefore.
(2)
Whenever the City Manager or his/her designated representative determines that
graffiti is so located on
public or privately owned structures on
public or privately owned real property
within this City so as to
be capable of 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 form
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.
(3)
At City's option or if a private property owner’s consent cannot be obtained,
graffiti which is located on privately owned permanent structures on privately
owned real property within the City and which can be viewed by a person
utilizing any pubic right‑of‑way in the City may be removed by the
City at the owners expense as a public nuisance pursuant to the following
provisions:
(a)
The city Manager of his/her designated representative shall cause written
notice to be served upon the owner of the affected premises, as such owner's
name and address appears on the last equalized assessment roll, by depositing
the notice in the U.S. Postal service enclosed in a sealed envelope with first
class postage thereon fully pre‑paid. The mailed notice shall be
certified and addressed to the owner as stated above, and if
there
is no known addr0as, then in care of the property address. Service shall be
complete at the time of deposit in the U.S. Postal Service. The failure of any
person to receive such notice shall not affect the validity of any proceeding
hereunder. The owner shall have five (5) days after the date of service of the
notice to remove the graffiti or be subject to City removal of the graffiti and
assessment of the costs of such removal as a lien on the subject property.
(b)
The notice shall be on City letterhead in substantially the following form:
"NOTICE 0F INTENT TO
REMOVE GRAFFITI”
NOTICE IS HEREBY GIVEN that you are required at your
expense to remove or paint over the graffiti located on the property commonly
known as __________________________,
Hawthorne, California, which is visible to public view, within five (5) days
after the date of this notice. The graffiti is visible to public view and
therefore constitutes a public nuisance. If you fail to comply with this order,
City employees or private City contractors will enter upon your property and
abate the public nuisance by removal or painting over of the graffiti. The cost
of the abatement by the City employees or its private contractors will be
assessed upon your property and such costs will constitute a lien upon the land
until paid.
All
persons having any objections to, or interest in said matters are hereby
notified to submit any objections to the City Manager or his/her designated
representative within five (5) days from the date of this notice.
At
the conclusion of this five (5) day period, the city may proceed with the
abatement of the graffiti on your property at your expense without further
notice."
(c) Service of the notice by the City Manager or
his/her designated representative shall be made on the day the notice is dated
and by affidavit, the original of which shall be filed with the City Clerk.
(d) If any objection are submitted to the City
Manager within five (5) days after the date appearing on the Notice of intent
to Remove Graffiti, the City manager, or his designee, shall hold a hearing on
the objections. If the City Manager overrules the objections, the owner shall
have five (5) days from date of the manager's decision to remove the graffiti.
owner may appeal the Manager's decision to the City Council. The City council shall
hold a hearing as soon as reasonably practicable. its decision shall be final.
(e)
If no objections are submitted as set forth in (d) above, or if the objections
are overruled following hearing, and if the owner fails to remove or fails to
cause the graffiti to be removed by the designated date, or such continued date
thereafter as the City Manager on his/her designated representative approves,
then the City Manager or his/her representative shall cause the graffiti to be
abated by City forces or private contract, and the City or its private
contractor is expressly authorized to enter upon the premises for such
purposes.
(f)
Should the City Manager be required to abate the graffiti as set forth in (e)
above, he or she shall thereafter follow the procedures set forth in Sections
8.22.150/8.22.250 regarding recovery of the costs of abatement, through
assessment of the costs of abatement against the property as a lien. The notice
of lien for purposes of this Chapter shall be in form substantially as follows:
NOTICE 0f LIEN
(Claim of the City of
Hawthorne)
Pursuant to Government Code
Section 25845 and the authority of
Chapter
8.22 of the Hawthorne Municipal Code, the City Manager of the City of Hawthorne
did on or about the, day of ___________199_ cause the painting over or removal
of graffiti at the premises hereinafter described in order to abate a public
nuisance on said real property and the City Council of the City of Hawthorne
did on the day of ___________, 199_
assess the cost of such abatement upon the real property hereinafter described;
and the same has not been paid nor any part thereof; and that said City of
Hawthorne does hereby claim a lien
for
such costs of abatement in the amount of said assessment, to wit: the sum of
dollars: and the same
shall
be a lien upon said real property until the same has been paid in full and
discharged of record.
The
real property hereinbefore mentioned, and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Hawthorne, County of Los
Angeles, State of California and particularly described as follows:
DATED
this _____________day of 199______.
City
of Hawthorne, California
8.22.060
Reward
Pursuant to Government Code section 53069.5, 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, said resolution may require that the convicted
offender reimburse the City for any reward paid, and may place responsibility
for reimbursement of such reward upon the parent(s) or legal guardian(s) of any
unemancipated minor so convicted.
8.22.070
Account of cost of abatement
The
street superintendent shall keep an account of the cost of abatement in front
of or on each separate parcel of land where the work is done by him. He shall
submit to the council for confirmation an itemized written report showing such
costs.
8.22.080
posting Copy of report
A
copy of the report shall be posted for at least three days prior to its
submission to the council, on or near the chamber door of the council, with a
notice of the time of submission.
8.22.090
Hearing on report‑Modification‑Confirmation
At
the time fixed for receiving and considering the report, the council shall hear
it with any objections of the property owners liable to be assessed for the
abatement. It may modify the report if it is deemed necessary. The council
shall then confirm the report by motion or resolution.
8.22.100
Costs‑Special assessment‑Lien
The
costs of abatement in front of or upon each parcel of land constitutes a
special assessment against that parcel. After the assessment is made and confirmed,
it is a lien on the parcel.
8.22.110
Report to assessor and tax collector‑Addition of assessment to tax bill
After
confirmation of the report, a copy shall be given to the city assessor and the
tax collector, who shall add the amount of the assessment to the next regular
tax bill levied against the parcel for municipal purposes.
8.22.130 Filing copy of report
If
the county assessor and the tax collector assess the property and collect taxes
for the city, a certified copy of the report shall be filed with the county
auditor on or before August l0th. The descriptions of the parcels reported
shall be those used for the same parcels on the county assessor's map books for
the current year.
8.22.130
Entry of assessments upon county tax roll
The
county auditor shall enter each assessment on the county tax roll opposite the
parcel of land.
8.22.140
Collection of assessments‑Penalties‑Procedure for foreclosure
The
amount of the assessment shall be collected at the time and in the manner of
ordinary municipal taxes. If delinquent, the amount is subject to the same
penalties and procedures of Foreclosure and sale provided for ordinary
municipal taxes.
8.22.150
Application oŁ related county laws
Laws
relating to the levy, collection, and enforcement oŁ county taxes apply to such
special assessment taxes.
8.22.160
Receipt of amounts and issuance of receipts
The
street superintendent may receive the amount due on the abatement cost and
issue receipts at any time after the confirmation of the report and until ten
days before a copy is given to the city assessor and tax collector, or where a
certified copy is filed with the county auditor, until August 1st, following
the confirmation of the report.
8.22.170
Refund
The
council may order the city treasurer to refund any tax, or portion thereof,
paid pursuant to the provisions of this chapter, provided that said tax, or
portion thereof, is found and determined by the council to have been entered,
charged or paid illegally or more than once, or through clerical error, or
through the error or mistake of the council or the street superintendent in
respect to any material fact, including the case where the cost rendered or
confirmed as hereinbefore provided shows that the city abated the graffiti, but
such is not the actual fact. No order
for a refund shall be made except on a claim verified by the person who paid
the tax, or his guardian, executor or administrator, and filed within three
months after the payment sought to be refunded became due.
Section
4. The City Clerk shall certify the passage and adoption of this ordinance and
shall cause the same to be published once in a newspaper of general
circulation, published and circulated in the City of Hawthorne, California, or
if there is none, he shall cause it to be posted in at least three (3) public
places in the City of Hawthorne, California.
PASSED,
APPROVED and ADOPTED this ______________________day of 1993.
__________________________________
STEVE ANDERSEN, Mayor
City of Hawthorne, California
ATTEST
______________________________________
City
Clerk
APPROVED AS TO FORM:
__________________________________
MICHAEL ADAMSON
City Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CALIFORNIA ADDING CHAPTER 2.17 TO THE HAWTHORNE MUNICIPAL CODE RELATING TO THE
GRAFFITI AND GANG ABATEMENT COMMISSION.
The
City Council of the City of Hawthorne, California, does hereby
ordain as follows:
SECTION
1 There is hereby added as Chapter 2.17 of the Hawthorne Municipal Coda the
following:
CHAPTER
2.17
“Graffiti
and Gang Abatement Commission"
Sections:
2.17.010
Establishment
2.1?.020
Appointment to Office
2.17.030
Terms of Office
2.17.040
Ex Officio Member
2.17.050
Compensation
2.17.060
Chairman
2.1?.070
purpose ‑ Duties & Responsibilities
2.17.080
Vacancy
2.17.010 Establishment
A
Graffiti and Gang Abatement Commission consisting of five members is created
and established in the city.
2.17.020 Appointment to
office
The
mayor and each councilperson shall nominate a commissioner from the citizens at
large, and such nominations shall be ratified and confirmed by a majority vote
of the City Council. Thereafter, in the event of a vacancy of office of a
commissioner, the mayor shall appoint each commissioner with the consent of the
council. Members of the commission shall serve at the pleasure of the City
council and may be removed from office without cause, notice or hearing, by a
majority vote of the City Council.
2.17.030 Terms of office
The terms of office of the initial commissioners shall be two years for two commissioners and four years 'for three commissioners and at the conclusion of said terms shall thereafter be four years. The commissioners having initial two year terms shall be selected by lot.
Each
term of office of each commissioner shall expire and commence at 12:00 o'clock
noon on the 1st day of January. Said terms shall be staggered to coincide with
the terms of office of the members of the City Council.
2.17.040 Ex Officio Member
To
aid and assist the commission, the City manager or his representative shall
serve as ex officio member without vote.
2.17.050 Compensation
Members
of the commission shall receive their actual and necessary expenses, including
traveling expenses incurred in the discharge of their duties. They may receive
such other compensation as the City Council shall determine and prescribe from
time to time.
2.17.060 Chairman
When
there is a vacancy in the chairmanship of the Commission, the commission shall
elect a chairman by majority vote from among its members. The term of office of
the chairman of the commission shall be for the calendar year, or for that
portion of the calendar year remaining after he is designated or elected.
2.17.070 Purpose
-
Duties & Responsibilities
The
purpose of the commission shall be to coordinate and direct the resources of
the city and community to abate to the extent possible graffiti and gangs. The
commission shall have the duty, responsibility and discretion. to make studies,
investigations, reports and recommendations to the City Manager or to the City
Council with regard to the abatement of graffiti and gangs, and such other
matters as may be referred to the commission by the City Council from time to
time.
2.17.080 Vacancy
A
vacancy shall automatically occur in the office of any commissioner who without
excuse fails to attend three consecutive commission meetings, who files or
causes to be filed or who consents to the filing of nomination papers
nominating such commissioner for an elective office of the City, or who moves
his place of residence outside of the City limits or who ceases to be an
elector of the City.
Section
2. The City Clerk shall certify the passage and adoption of this ordinance and
shall cause the same to be published once in a newspaper of general
circulation, published and circulated in the City of Hawthorne, California, or
if there is none, he shall cause it to be posted in at least three (3) public
places in the City of Hawthorne, California.
PASSED,
APPROVED and ADOPTED this 27th day of April , 1993 .
_____________________________
STEVE ANDERSEN, Mayor
City of Hawthorne,
California
ATTEST:
__________________________________
City
Clerk
APPROVED AS TO FORM:
_______________________________
MICHAEL ADAMSON
City Attorney