AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES RELATING TO GRAFFITI PREVENTION AND REMOVAL AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS:
Section
1 Chapter 928 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding Sections 9.28.160 and 9.28.200 thereto to read as follows:
9.28.160
Sale of Paint in Aerosol Cans – When Prohibited. No person shall sell, give or in any way furnish an aerosol
container of paint, including containers of six (6) ounces or less, to another
person who is under the age of eighteen years.
This subdivision shall not apply to the furnishing of six (6) ounces or
less of an aerosol container of paint to a minor for the minor’s use or
possession under the supervision of a minor’s parent, guardian, instructor or
employer.
9.28.200
Parental Responsibility. Pursuant to
Section 1714.1 (b) of the California Civic Code, every parent or legal guardian
having custody or control of a minor who defaces property by inscribing
graffiti thereon shall be jointly and severally liable with such minor for any
resulting damages incurred by the property owner in an amount not to exceed Ten
Thousand dollars ($10,000) for each such act of defacement.
Section
2. Section 9.28.180 of Chapter 9.28 of
Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
9.28.180
Restriction of Pressurized Containers and Indelible Markers. All persons offering for sale pressurized
containers as defined in Section 9.28.020 shall restrict access to those items
from the public by placing them behind a locked counter, cabinet, or other
storage facility so that access to them cannot be gained without their being
unlocked by an authorized employee, agent, or other authorized representative
of said person. All persons offering
for sale indelible markers as defined in Section 9.28.020 shall keep such
markers in a location where they can be in constant view of the employee,
agent, or other authorized representative of the person selling the
markers. This subdivision shall apply
to all sales, regardless whether the seller is a commercial business or a
private individual, and shall include, but not be limited to, garage sales.
Section
3. The City Clerk shall certify to the
passage of this Ordinance and shall cause this Ordinance to be published or
posted as required by law.
________________________________
City
Clerk
City of Rancho Palos Verdes
ORD.
NO. 286
ORDINANCE
NO. 286
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING
TO THE DEFINITION OF GRAFFITI AND REWARDS ASSOCIATED THEREWITH AND AMENDING
CHAPTER 9.28 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 9.28.020 of Chapter 9.28, Title 9, of the Rancho Palos
Verdes Municipal Code is amending paragraph (B), adding paragraph (C) and
redesignating existing paragraphs (C) and (D) as (D) and (E), respectively.
(B)
“Graffiti” means any writing, printing, symbol, figure, design or other
inscribed material written, sprayed, painted, scratched, etched, engraved, or
otherwise applied to any exterior surface without the prior consent of the
owner or person in possession thereof.
©
“Exterior Surface” means any building, wall, fence, tree, sidewalk, curb,
storage container, vehicle, building material, sign, temporary facility, large
waste container, portable toilet, structure or real or personal property.
Section 2. Section 9.28.040 of Chapter 9.28, Title 9, of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
Section
9.28.040 Permitting graffiti to remain prohibited. No person shall import any exterior surface into the City which
is inscribed with graffiti. No person
shall permit any graffiti which is within public view to remain on any exterior
surface owned or possessed by such person.
When the owner of an exterior surface, such as a portable toilet or
large waste container, is different from the owner of the premises, it shall be
the responsibility of the owner of the exterior surface to maintain said
surface free from graffiti.
Section 3 Section 9.28.070 of Chapter
9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as
follows:
Section
9.28.070 Notice to owners or possessors of private property.
Whenever
the city manager determines that graffiti is being maintained upon any exterior
surface within the city in violation of Section 9.28.040, the city manager
shall send written notice to the owner or possessor of the premises where the
graffiti is located and the owner or of the exterior surface, if different from
the owner of the premises, of such condition and shall require that the
graffiti be removed within 24 hours of receipt of notice. The notice and order shall be sent to the
owner as shown on the most recent equalized assessment roll and a copy shall be
posted on the subject property.
Section 4 Section 9.28.090 of Chapter 9.28, Title 9, of the rancho Palos
Verdes Municipal Code is amended by amending paragraph (B) and (C) thereof as
follows:
(B)
A notice of such condition has been sent to the property owner and the owner of
the exterior surface, if different than the owner of the premises, pursuant to
Section 9.28.070; and;
©
The property owner or the owner of the exterior surface, if different from the
property owner, has failed to either remove the graffiti or consent to its
removal by the city within the time period specified in the notice.
Section 5 Section 9.28.100 of Chapter 9.28, Title 9, of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
9.28.100
Hearing prior to abatement – Notice of hearing.
Prior to the city abating graffiti on private property
without the consent of the owner, a hearing before the city manager shall be
held at which time the property owner, or owner of the exterior surface if
different from the property owner, shall be given an opportunity to be heard
regarding the proposed abatement. A
notice of the time and place of the hearing before the city manager shall be
sent to the property owner, or owner of the exterior surface if different from
the property owner, not less than ten days prior to the hearing.
Section 6 – Section 9.28.110 of
Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended by
amending paragraph (A) as follows:
(A)
The
city manager shall cause to be serviced upon the owner as shown on the latest
equalized tax assessment roll of the affected premises, or owner of the
exterior surface if different from the owner of the premises, a copy of the
notice and shall cause a copy thereof to be conspicuously posted on the
affected premises.
Section 7 – Section 9.28.140 and
9.28.150 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code
are hereby amended to read as follows:
Section
9.28.140 Abatement – If the nuisance is not abate within the time set by the
order of abatement, the city manager is authorized to cause the entry upon the
premises and to abate the graffiti nuisance with city equipment and city
personnel. The city manager shall then
prepare a statement of the fact of such abatement and of the expense incurred
in abatement and shall file the statement with the city clerk. Such statement shall identify the premises,
or the owner of the exterior surface if different from the owner of the
premises, and shall state the cost of the action taken. If the premises includes more than one lot,
each separate lot, or all of the lots, may be set forth in the same statement.
Section 9.28.150
Assessment of cost. Upon
completion of the work required to abate the graffiti, the cost to the city to
perform such work shall be assessed against the property owner, or the owner of
the exterior surface if different from the property owner, pursuant to the
procedures set forth in Section 8.24.120 through 8.24.160 of this code.
Section 8 Section 9.28.190 of Chapter 9.28, Title 9, of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows:
Section
9.28.190 Reward. The City may pay to any person who provides
information which leads to the solving of any vandalism case involving graffiti
or to the arrest and conviction of any person who applies graffiti to any
exterior surface, a reward as established by Council resolution.
Section 9 Sections 9.28.160 and
9.28.200 of Chapter 28, Title 9, of the Rancho Palos Verdes Municipal Code are
hereby repealed.
Section 10 The City Clerk shall
certify to the passage of this ordinance and shall cause this ordinance to be
published or posted as required by law.