SEC.
47.11. DISPLAY OF AEROSOL SPRAY PAINT CONTAINERS AND MARKER PENS.
(Added
by Ord. No.166,399, Eff. 12/22/90.)
Every
person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol containers, or marker pens with tips exceeding
four millimeters in width, containing anything other than a solution which can
be removed with water alter it dries, shall store or cause such aerosol
containers or marker pens to be stored in an area viewable by, but not
accessible to the public in the regular course of business without employee
assistance, pending legal sale or disposition of such marker pens or paint
containers.
ORDINANCE
NO. 168886
An
ordinance adding Article 14 to Chapter IV of the inscription
of graffiti.
WHEREAS, the damage within the City of Los Angeles, through the placement of graffiti on both public and private property, is in the magnitude of millions of dollars annually and escalating: and
WHEREAS,
the City of Los Angeles itself expends Three and One‑Half Million Dollars
annually in graffiti cleanup; and
WHEREAS,
graffiti is a visual blight and nuisance to the public, decreasing the
attractiveness of whole neighborhoods and areas of the City and increasing the
incidence of crime; and
WHEREAS,
because of the great public harm caused by graffiti and because of the
difficulty in apprehending those perpetrating it, who are elusive and zealously
committed to seeing graffiti multiplied, the City has been required to
implement the unusual and costly method of authorizing rewards for the
apprehension and conviction of any person inscribing graffiti; and
WHEREAS,
it is necessary to hold those who commit graffiti accountable for these damages
and costs and to create a deterrent to further acts of graffiti, so as to
secure obedience to laws prohibiting graffiti and thus accomplish its
eradication;
NOW THEREFORE,
THE
PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:
Section 1. Chapter IV of the Los Angeles Municipal
Code is hereby amended by adding Article 14 thereto, said Article to read:
ARTICLE 14
LIABILITY FOR ACTS OF
GRAFFITI
SEC.
49.84. DEFINITION.
"Act
of graffiti" means an act which causes any form of unauthorized
inscription, word, figure or design to be marked, etched, scratched, drawn,
sprayed, painted or otherwise affixed on any structural component of any
building, structure or other facility or upon any other property, regardless of
its content or nature and regardless of the nature of the material of that
structural component or property.
SEC.
49.85. CIVIL LIABILITY.
Irrespective of and cumulative to any criminal
conviction for an act of graffiti or any final adjudication by the Juvenile
Court or placement on a supervised program by the probation officer under the
provisions of the Welfare and Institutions Code of the State of California for
such act, any person who commits an act of graffiti visible from a public
street, alley or way, including a public freeway, shall be liable in a civil
action brought by the City Attorney in an amount not exceeding One Thousand
Dollars ($1,000.00), due consideration being given to the following factors in
determining the amount of penalty:
A. Costs to the City relating to cleanup of
graffiti caused by such person.
B. Special costs to the City in the form of
the payment of any reward in connection with any criminal action against such
person.
degree of
offense to the public as determined by the
magnitude, form and visual prominence of the graffiti.
D.
In addition to A and/or B above, the history of previous violations by the
personcommitting
graffiti.
SEC.
49.86. DISPOSITION OF PENALTIES COLLECTED.
All
penalties collected shall be used solely to fund the graffiti reward program
and shall be placed in the Vandalism and Graffiti Reward Trust Fund established
pursuant to Section 19.129.1 of the Los Angeles
Administrative
Code, provided, however, that upon approval of the City Council, penalties so
collected may be used in other City graffiti abatement programs.
Sec.
2. The City Clerk shall
certify to the passage of this
ordinance and cause the same to be published in some daily newspaper printed
and published in the city of Los Angeles.
I hereby certify that the foregoing ordinance was
passed by the Council of the City of Los Angeles, at its meeting of
____________________________.
NANCY RUSSELL, City Clerk
By ______________________________DeputyApproved
_______________________
Approved
as to Form and Legality
_______________________________James
K. Hahn, City Attorney
By
______________________________
HENRY
G. MORRIS
Deputy
City Attorney
File No. 92-1350, S-1
WHEREAS,
everyone agrees that graffiti and other acts of vandalism
are offensive, invite crime, affect property values and can
be aesthetically unpleasant and;
WHEREAS,
the City of Los Angeles has taken many proactive steps to combat the problem of
graffiti and vandalism on many fronts, including offering rewards to those who
catch graffiti offenders, assisting communities in endless graffiti paint-outs
and the allocation of millions of dollars of City funds to combat graffiti on
City property and;
WHEREAS,
the entertainment and advertising industries have recently been utilizing
graffiti and graffiti vandalism as a means of promoting certain products and
ideas and;
WHEREAS,
this form of advertisement works against the City's efforts to combat graffiti
in the City of Los Angeles.
NOW
THEREFORE BE IT RESOLVED that the City Council of the City of Los Angeles officially
request and notify all entertainment, advertising and media industries in the
City of Los Angeles to refrain from using graffiti or graffiti-related
vandalism in any of its promotions, advertisements or by incorporating graffiti
into the "entertainment" image because of the negative influence it
has upon young people in the City and because it works against the City's
efforts combat this very serious problem.
PRESENTED BY
____________________________
Hal Bernson,
Councilman, 12th District
SECONDED BY
_____________________________
SECONDED
BY ______________________________