HomeMy WebLinkAboutORD 719ORDINANCE NO. 719_
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING SECTIONS 9.40.010 AND
9.40.060; DELETING SECTION 9.40.030; AND
ADDING SECTIONS 9.40.005, 9.40.025, 9.40.035,
9.40.045, 9.40.065, 9.40.075 AND 9.40.080 OF
CHAPTER 9.40 OF TITLE 9 OF THE PALM DESERT
MUNICIPAL CODE RELATING TO GRAFFITI.
The City Council of the City of Palm Desert, California
HEREBY ORDAINS as follows:
SECTION 1: That Section 9.40.010 of Chapter 9.40 of Title 9
is hereby amended to read as follows:
9.40.010 Definitions:
'Graffiti" means any inscription, word, figure or design
marked, etched, scratched, drawn or painted on any surface,
without the express permission of the owner (or owner's
representive) of such surface, regardless of the material of
which the surface is composed.
'Graffiti Implement' means any implement capable of marking
a surface to create graffiti including, but not limited to,
aerosol paint containers, paint sticks, felt-tip markers or
marking pens, marking instruments, drill bits, grinding stones,
scribes, glass cutters, or etching tools, or other similar
implements capable of scarring glass, metal, concrete, stucco,
wood or similar surfaces.
'Aerosol Paint Containers' means any container, regardless
of the material from which it is made, which is adapted or made
for the purpose of spraying paint or other similar substances
capable of defacing property.
'Felt -Tip Marker or Marking Pen' means any indelible marker
or similar implement with a tip which, at its broadest width, is
greater than one -eight inch, containing an ink or similar
substance.
'Paint Stick' means a device containing a solid form of
paint, wax, epoxy, or other similar substance capable of being
applied to a surface by pressure, and upon application, leaving a
mark.
'Spray Actuator' (also known as a 'spray tip', 'nozzle' or
'button') means an object which is capable of being attached to
aerosol paint containers for the purpose of spraying the
substance contained therein.
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ORDINANCE NO. 719
'Owner's Representative' means any person or entity
expressly authorized by the owner of any property to permit
another person to place inscriptions, words, figures or designs
upon such property, or any person or entity in lawful possession
of any property, whose right of possession includes the authority
to permit or allow inscriptions, words, figures or designs to be
placed upon such property.
SECTION 2: 9.40.060 of Chapter 9.40 of Title 9 is hereby
amended to read as follows:
9.40.060 Graffiti Removal:
A. Whenever the city manager or his/her designated
representative determines that graffiti is so located on public
or privately owned 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, by any means
necessary, for the removal of graffiti without reimbursement from
the property owner upon whose property the graffiti has been
applied. The property owner shall either remove the graffiti
within twenty-four hours of verbal or written notification, or
provide written consent and release of liability authorizing the
city to remove the graffiti at anytime it appears. Graffiti on
fences and walls immediately adjacent to public right-of-way will
be removed without consent. 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,
or exact matching of the existing paint color.
B. In addition to the procedures established by this section,
the city is authorized to remove graffiti as a public nuisance
and assess for the cost of abatement pursuant to the abatement
procedures of Chapter 8.20 of the municipal code whenever the
property owner (or owner's representive) fails to remove the
graffiti within forty-eight hours of notification or the city is
unable to obtain a written consent and release of liability.
C. Whenever graffiti has been removed from public or privately
owned property at the expense of the City of Palm Desert, each
person who placed any of the graffiti, and the custodial parents
or guardians of any minor who placed any of the graffiti, (herein
collectively the "responsible person") shall be legally
responsible to reimburse the city for all costs of removal. Upon
the determination of the costs of removal to include material,
labor, city staff time, law enforcement time charged to the city,
court costs, attorney's fees, and any other related charges
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ORDINANCE NO. 719_
incurred by enforcing this chapter, the Director of Finance is
hereby authorized and directed to invoice the aforesaid
responsible person for such costs. Such costs shall be a debt
jointly and severally owned to the City of Palm Desert by such
responsible persons.
SECTION 3: That Section 9.40.030 and 9.40.040 of Chapter 9.40
of Title 9 is hereby deleted:
SECTION 4: That Section 9.40.005 of Chapter 9.40 of Title 9
is hereby added to read as follows:
9.40.005 Intent and Purpose:
Graffiti on public and private property is a blighting
factor which not only depreciates the value of the property which
has been the target of such malicious vandalism, but also
depreciates the value of the adjacent and surrounding properties,
and in doing so, negatively impacts upon the entire community.
The city has in the past undertaken to remove graffiti from
public and privately owned property but has been unable to mount
a successful program for encouraging property owners to undertake
to remove graffiti from walls, building, structures, and other
surfaces. Section 53069.3 of the Government Code authorizes the
city under certain conditions to provide for the removal of
graffiti.
The City Council finds and determines that graffiti is
obnoxious and a public nuisance, and unless promptly removed from
public and privately owned properties, tends to remain and to
attract more graffiti; other properties are then the target of
graffiti, with the results that entire neighborhoods, and,
indeed, the community is depreciated in value and becomes a less
desirable place to live, shop and visit. The City Council
therefore determines that it is appropriate that the City of Palm
Desert develop new procedures to implement the provisions of
Section 53069.3 of the Government Code and provide for the
expedient removal of graffiti from both public and privately
owned property under the circumstances set forth hereinafter.
The City Council further determines that it is appropriate to
provide regulations relating to the display for sale of aerosol
paint containers and marking pens and to provide penalties
relating to possession of graffiti implements for the purpose of
engaging in graffiti vandalism.
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ORDINANCE NO. 719
SECTION 5: That Section 9.40.025 of Chapter 9.40 of Title 9
is hereby added to read as follows:
9.40.025 Storage of Display of Aerosol Paint Containers and
Marking Pens:
Every person who owns, conduct, operates or manages a retail
commercial establishment selling aerosol paint containers, or
felt-tip marker or marker pens and paint sticks, or similar
implements shall store or cause such containers or pens to be
stored in an area viewable by, but not accessible to, the public
in the regular course of business without an employee assistance,
pending legal sale or disposition of such containers or pens. it
is the intent of this Section to permit, but not to require,
viewable of aerosol paint containers and felt-tip marker or
marker pens and paint sticks or similar implements while they are
stored or displayed pending retail sale.
SECTION 6: That Section 9.40.035 of Chapter 9.40 of Title 9
is hereby added to read as follows:
9.40.035 Possession of Spray Actuator Prohibited:
It shall be unlawful for any person to possess any spray
actuator, as defined in this code, for the purpose of defacing,
marking or damaging any public or privately owned property,
without the express consent of the owner of such property or the
owner's representative.
SECTION 7: That Section 9.40.045 of Chapter 9.40 of Title 9
is hereby added to read as follow:
9.40.045 Possession of Graffiti Implements Prohibited:
It shall be unlawful for any person to possess any graffiti
implement as defined in this code, for the purpose of defacing,
marking or damaging any public or privately owned property
without the express consent of the owner of such property or the
owner's representative, provided, however, that nothing in this
section shall be construed to permit or prohibit conduct which is
prohibited by penal code Section 594.1.
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ORDINANCE NO. 719
SECTION 8: That Section 9.40.075 of Chapter 9.40 of Title 9
is hereby added to read as follows:
9.40.075 Severability:
The City Council of the City of Palm Desert hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 9: That Section 9.40.080 of Chapter 9.40 of Title 9
is hereby added to read as follows:
9.40.080 Violation -Penalty:
It is unlawful for any person to violate any provision or
fail to comply with any of the requirements of this ordinance.
Any person violating any provision of this ordinance or failing
to comply with any of the requirements is deemed guilty of a
misdemeanor in accordance with Chapter 1.12 of the municipal
code.
SECTION 10: The city clerk shall certify 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 same shall be in full force and effect 30 days
after its adoption.
PASSED, APPROVED and ADOPTED this 24th day of June ,
1993, by the City Council of the City of Palm Desert, California
by the following vote, to wit:
AYES: CRITES, SNYDER, BENSON
NOES: WILSON
ABSENT: NONE
ABSTAIN: KELLY
ATTE8
SHEILA R. G�ri.LIGAN, sty Clerk
City of Palm Desert, California
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AN M. BENSON, Mayor