HomeMy WebLinkAbout93-03 CC OrdinanceWHEREAS, graffiti on public and private property is a blighting factor which not
only depreciates the value of the property, but also the value of the adjacent and surrounding
communities; and
WIIEREAS, the proliferation of graffiti vandalism is often gang related and can be
the beginning signs of greater illegal activities; and
WIIEREAS, criminal penalties under Penal Code Sections 594, 640.5 and 640.6 for
acts of graffiti include fines up to $50,000, imprisonment up to one year in State Prison or
County Jail, restoration of property, up to 96 hours community service by the perpetrators,
and may include direct supervision of community service by a person's parent or legal
guardian; and
' WHEREAS, under Civil Code Section 1714.1(b), the parent[s] or legal guardian[s] of
a minor can be held civilly liable up to $10,000 for damages to the property of others caused
by the willful misconduct of the minor resulting in the defacement of such property; and
WHEREAS, Government Code Section 53069.3 authorizes this City to enact
ordinances to provide for the use of City funds to remove graffiti from public and privately
owned permanent structures located within the City; and
WHEREAS, pursuant to Government Code Section 53069.3, the City Council of the
City of Temecula finds and determines that graffiti or other inscribed material on public or
privately owned structures on public or privately owned property within the City is
obnoxious to the public health, safety, and general welfare of the community and the citizens
of this City; and
WIIEREAS, the City Council finds and determines that the prompt removal of any
and all graffiti wherever located in the City is in the public interest and for the public
benefit; and
WHEREAS, the City Council finds and determines that a program allowing for the
use of City funds to remove graffiti on public and private property is a suitable mechanism
' for the prevention and removal of graffiti within the City; and
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ORDINANCE NO. 93 -03
AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING DIVISION 4 TO CIIAPTER 6.14
OF TIIE TEMECULA MUNICIPAL CODE PERTAINING
TO GRAFFITI REMOVAL AND ESTABLISHING
REWARDS FOR INFORMATION LEADING TO THE
SUCCESSFUL CONVICTION OF ANY PERSON PLACING
GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY
WHEREAS, graffiti on public and private property is a blighting factor which not
only depreciates the value of the property, but also the value of the adjacent and surrounding
communities; and
WIIEREAS, the proliferation of graffiti vandalism is often gang related and can be
the beginning signs of greater illegal activities; and
WIIEREAS, criminal penalties under Penal Code Sections 594, 640.5 and 640.6 for
acts of graffiti include fines up to $50,000, imprisonment up to one year in State Prison or
County Jail, restoration of property, up to 96 hours community service by the perpetrators,
and may include direct supervision of community service by a person's parent or legal
guardian; and
' WHEREAS, under Civil Code Section 1714.1(b), the parent[s] or legal guardian[s] of
a minor can be held civilly liable up to $10,000 for damages to the property of others caused
by the willful misconduct of the minor resulting in the defacement of such property; and
WHEREAS, Government Code Section 53069.3 authorizes this City to enact
ordinances to provide for the use of City funds to remove graffiti from public and privately
owned permanent structures located within the City; and
WHEREAS, pursuant to Government Code Section 53069.3, the City Council of the
City of Temecula finds and determines that graffiti or other inscribed material on public or
privately owned structures on public or privately owned property within the City is
obnoxious to the public health, safety, and general welfare of the community and the citizens
of this City; and
WIIEREAS, the City Council finds and determines that the prompt removal of any
and all graffiti wherever located in the City is in the public interest and for the public
benefit; and
WHEREAS, the City Council finds and determines that a program allowing for the
use of City funds to remove graffiti on public and private property is a suitable mechanism
' for the prevention and removal of graffiti within the City; and
2 \ORDS \93 -03 I
WHEREAS, the City Attorney is hereby directed to seek restitution for the costs to
the City for the removal of graffiti wherever authorized by law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS
AS FOLLOWS:
Section 1. Purpose and Intent.
It is the intent of the City Council of this City to provide for the removal of graffiti
on public and private property as set forth in this ordinance, and to authorize the use of
rewards for encouragement of information leading to the conviction of persons placing
graffiti on any public and private property.
Section 2. "Division 4 - Graffiti Removal" is hereby added to Chapter 6.14 of
the Temecula Municipal Code to read as follows:
"DIVISION 4 - GRAFFITI REMOVAL
16 4.301 Authorization to Remove Graffiti and other Unauthorized Inscribed
Materials from Private and Public Property
' Whenever the City Manager or his /her designated representative determines that
graffiti or other inscribed material is so located on public or privately owned, permanent
structures on public or privately owned real property within this City as to be viewed by a
person utilizing any public right -of -way in this City, the City Manager or designated
representative is authorized to provide for the removal of the graffiti or other inscribed
material upon the following conditions:
A. In removing the graffiti or other inscribed material, the painting or
repair of a more extensive area than necessary to remove said graffiti shall not be authorized.
B. When a structure is owned by a public entity other than this City, the
removal of the graffiti or other inscribed material may be authorized only after securing the
consent of the public entity having jurisdiction over the structure and such entity executes a
release and waiver approved as to form by the City Attorney.
C. Prior to the removal of graffiti on private property, the City shall
obtain written consent of the property owner and the owner shall execute an appropriate
release and waiver approved as to form by the City Attorney. The owner shall be charged
only for the actual cost incurred by the City to remove the graffiti.
I2 \ORDS \93 -03 2
"6.14.302 Alternative Procedures Available.
' In the event the property owner of private property upon which graffiti or
other inscribed material has been placed, declines to consent to removal thereof by City, or
fails to remove the graffiti or other inscribed material within five (5) calendar days after
service of a Notice of Intent to Remove Graffiti, the affected property shall be subject to the
nuisance abatement process set forth in this Chapter of the Temecula Municipal Code."
"6.14.303 Reward for Information.
The City Council determines that rewards for any information leading to the
identification, apprehension and conviction of any person who has placed graffiti upon any
public or private property in the City shall be in a range from One - Hundred Dollars
($100.00) to Five - hundred Dollars ($500.00), to be specifically determined by the City
Manager and Chief of Police based on the severity of the crime. The identity of those
seeking rewards shall be considered confidential and will not be released to the public. The
City Council reserves the right to require that the convicted offender reimburse the City for
any reward paid, and place the responsibility for such reimbursement upon the parent[s] or
legal guardian[s] of any minor so convicted."
Section 3. Severability.
The City Council declares that, should any provision, section, paragraph, sentence or
word of this Ordinance be rendered or declared invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and
effect.
PASSED, APPROVED AND ADOPTED this 23rd day of March, 1993.
ATTEST:
ne S. Greek, City Clerk
[Seal]
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J. S 1 Munoz, Ma&or
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June Greek, City Clerk of the City of Temecula, do hereby certify that the forgoing
Ordinance No. 93 -03 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 2nd day of February, 1993, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd
day of March, 1993, by the following vote, to wit:
AYES: 5 COUNCILMEMBERS Birdsall, Parks, Roberts, Stone,
Munoz
NOES: 0 COUNCILMEMBERS None
ABSENT: 0 COUNCILMEMBERS None
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