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.
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;
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:
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.
C. In addition to A and/or B above, the 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
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 ____________________________
Councilman, 12th District
SECONDED BY _____________________________
SECONDED BY ______________________________