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Home My WebLink AboutORD 658ORDINANCE NO. 658 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.40, RELATING TO GRAFFITI, TO ARTICLE "V" OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City Council finds and determines that graffiti on public and private property is an obnoxious eyesore that causes property values to depreciate throughout the City; WHEREAS, the City Council further finds and determines that the presence of graffiti on property invites additional graffiti on other property, causing widespread blight within the City; and WHEREAS, the City Council further finds and determines that abatement of such graffiti will retard its proliferation in the City, thereby preserving the appearance and value of property in the City; and WHEREAS, the City Council further finds and determines that it is necessary to implement on an immediate basis a City-wide program to remove graffiti from walls and structures on both publicly and privately owned property so as to prevent its rapid proliferation; and WHEREAS, the City Council has the right under Government Code Section 53069.3 to authorize the use of City funds to remove graffiti from publicly or privately owned permanent structures located on publicly or privately owned real property within the City; and WHEREAS, the City is authorized by Penal Code section 594.5 to adopt an ordinance regulating the sale of aerosol containers of paint or other liquid substances capable of defacing property. The City Council of the City of Palm Desert, California, DOES ORDAIN as follows: Section 1: Chapter 9.40 is hereby added to Article "V" of the Palm Desert Municipal Code, and will read as follows: Chapter 9.40 GRAFFITI Sections: 9.40.010 Definitions. 9.40.020 Aerosol containers of paint and wide -tip markers -- Sale to persons under eighteen years of age. 9.40.030 Possession of aerosol containers of paint and wide -tip markers --Prohibition in public places, parks and buildings. 1 ORJ;`I)MEE `70. 558 9.40.040 9.40.050 9.40.060 9.40.070 Possession of aerosol containers wide -tip markers --Prohibition by and other public places. Graffiti --prohibited. Graffiti --removal. Graffiti --reward.• 9.40.010 Definitions. of paint and minors in streets The following definitions shall govern the construction of this chapter: (a) "Bona fide evidence of majority" means a document issued by a federal, .state, county, or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, a passport, or an identification card issued to a member of the armed forces which identifies an individual and provides proof of the age of such individual. (b) "Capable of defacing property" means any substance, spray paint, paint or dye, or any other liquid that when applied to any surface leaves an opaque and insoluble residue that cannot be removed by ordinary application of soap and water. (c) "Graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any structural component or any building, or on any wall, structure, or other facility regardless of the nature of the material of that structural component, wall, structure or other facility. (d) "Wide -tip marker" means a marker or pen containing permanent ink or paint whose tip is at least three -eighths of an inch wide. 9.40.020 Aerosol containers of paint and wide -tip markers --Sale to persons under eighteen years of acre. (a)' No person shall sell or cause to be sold to any person under the age of eighteen years any aerosol container of paint or wide -tip marker. (b) Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction or sale shall be a defense to any criminal prosecution thereof. (c) Any person who owns, manages or operates a place of business wherein aerosol containers of paint and wide -tip markers are sold shall post in a conspicuous place a sign in letters at 2 01 ;E X. 658 least three -eighths of an inch high stating: "Any person who maliciously defaces real or personal property with paint or any other liquid is guilty of vandalism which is punishable by a fine, imprisonment, or both." 9.40.030 Possession of aerosol gontainers of Paint and wide -tip markers --Prohibition in public places. Parks and buildings. No person shall have in his or her -possession any aerosol container of paint or wide -tip marker while in any public park, playground, swimming pool or recreation facility, public building or other public place, other than a highway, street or alley, except authorized employees or agents of the City or persons having the authorization of the City Manager. 9.40.040 Possession of aerosol containers of Paint and wide -tip markers --Prohibition by minors in streets and other public places. No person under the age of eighteen shall have in his or her possession any aerosol container of paint or wide -tip marker while on any public highway, street, alley or way. 9.40,050 Graffiti --Prohibited. No person shall willfully or maliciously use any liquid substances, spray paint, chalk, dye or other similar substance to paint, chalk dye or other similar substance to paint, mar or deface any public or privately owned real property within the City, whether such property is occupied, vacated or abandoned. 9.40.060 Graffiti --Removal. (a) Whenever the City Manager or his/her designated representative determines that graffiti is so located on publicly or privately owned permanent structures located on publicly or privately owned real property within the City so as to be a public nuisance, the City Manager or his/her designated representative is authorized to use City funds to provide for the removal of the graffiti, without reimbursement from the property owner upon whose property the graffiti has been applied. Prior to the removal of such graffiti, the City shall obtain the written consent of the owner for such action and the owner shall execute an appropriate release form and right of entry form to permit such graffiti removal. The City's removal of graffiti by painting or repair shall not involve the painting or repair of a more extensive area than that area where the graffiti is located. (b) In addition to the procedures established by this section, the City is authorized to abate graffiti as a public nuisance pursuant to the abatement procedures in Chapter 8.20 of �, O'm2LA 'Cr' `j0 . .658 the Palm Desert Municipal Code. (c) The City may recover its cost of removing particular graffiti from any person or persons found by a court of law to have created that graffiti in whole or in part. If such person is a minor, then the City may recover such removal costs from the minor's parent or legal guardian as provided by Civil Code section 1714.1. Removal costs include but are not limited to the following: city staff time, cost of material and labor necessary to remove the graffiti, court costs, and any attorneys' fees incurred by enforcing this chapter. 9.40.070 Graffiti --Reward. (a) A reward in an amount established by resolution of the City Council is authorized, offered and may be paid by the C-`_ to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who willfully or maliciously paints, mars or defaces any public or private structure located on private or public property within the City. (b) The exact amount of the reward to be paid by the City shall be determined by the City Council after receipt of a report from the City Manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who willfully or maliciously painted, marred or defaced a structure located on public or private property located within the City, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward. Section 2: Declaration of facts constituting urgency. This Ordinance is hereby declared to be urgently required for the immediate preservation of the public health, safety and general welfare and shall take effect immediately upon its publication. The following is a statement of facts showing its urgency: While graffiti vandalism of buildings and other structures in the City of Palm Desert has occurred in the past on a small scale, there has been a noticeable increase recently in graffiti vandalism. The current policy of placing the responsibility of graffiti removal on property owners causes delays in such removal and results in property owners bearing the costs of removing the work of graffiti vandals. If the offending graffiti is allowed to remain on buildings and other structures, it will encourage more graffiti on other properties. In addition, the City fears that the recent increase in graffiti vandalism is due to increased gang activities. Thus, the City Council finds that it 4 is necessary to implement, on an immediate basis, a city-wide program to remove graffiti from buildings and other structures on both publicly and privately owned property so as to deter the rapid proliferation of graffiti. Section 3: Publication. That the City Clerk shall certify as to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, and the same shall be in force and effect immediately. PASSED, APPROVED; and ADOPTED this 26th day of September, 1991, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE Of 4a WALTER H. SNYDER, Mayor City of Palm Desert, California _ATTEST: SHEILA R.,ILLI City of Palm De e� 'City Clerk , California 5