HomeMy WebLinkAbout93-10 CC OrdinanceORDINANCE NO. 93 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH
6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMEC-
ULA MUNICIPAL CODE RELATING TO GRAFFITI
WHEREAS, on March 23, 1993, the City Council of the City of Temecula adopted
Ordinance No. 93 -03, pertaining to graffiti removal and establishing rewards for information
leading to the successful conviction of any person placing graffiti on public or private property;
and
WIIEREAS, the City Council finds and determines that it is appropriate to provide
regulations relating to the display for sale of aerosol paint containers and marking pens; and
WIIEREAS, the City Council further finds and determines that penalties relating to the
possession of graffiti implements for the purpose of engaging in graffiti- making acts are a
suitable mechanism for the prevention of graffiti within this City;
NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES IIEREBY ORDAIN AS FOLLOWS:
' Section 1.That new Section 6.14.304 is hereby added to Chapter 6.14 of the Temecula
Municipal Code to read as follows:
"6.14.304DEFINITIONS.
As used in this Chapter, the following terms shall have the meanings set forth herein:
'Graffiti':Any inscription, word, figure or design that is marked, etched, scratched, drawn or
painted on any surface, without the express permission of the owner (or owner's representative)
of such surface, regardless of the nature of the material of which the surface is composed.
'Graffiti Implement':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, scribers, glass cutters, or etching tools, or other
implements capable of scarring glass, metal, concrete or wood.
'Aerosol Paint Container':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':Any indelible marker or similar implement with a tip which,
at its broadest width, is greater than one- eighth inch, containing an ink.
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'Paint Stick':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 visible
from a distance of twenty feet.
'Spray Actuator' (also known as a 'spray tip,' 'nozzle' or 'button'):An object which is capable
of being attached to an aerosol paint container for the purpose of spraying the substance
contained therein.
'Owner's Representative': 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.That new Section 6.14.305 is hereby added to Chapter 6.14 of the Temecula
Municipal Code to read as follows:
"6.14.305RESPONSIBILITY FOR COST OF REMOVAL AND LAW ENFORCEMENT
SERVICES.
Whenever graffiti has been removed from public or private property at the expense of the City
of Temecula, each person who placed any of the graffiti, and the custodial parents or guardians
of any minor who placed any of the graffiti, (hereinafter collectively the "responsible persons ")
shall be legally responsible to reimburse the City of Temecula for all costs for removal of such
graffiti as well as for the costs for law enforcement services associated with the apprehension
and prosecution of graffiti perpetrators. Upon determination of the costs for removal and law
enforcement services, the Finance Director is hereby authorized and directed to invoice the
aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally
owed to the City by such responsible persons."
Section 3. That new Section 6.14.306 is hereby added to Chapter 6.14 of the
Temecula Municipal Code to read as follows:
"6.14.306 POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED.
It shall be unlawful, and a misdemeanor, for any person to possess any graffiti
implement, as defined in Section 6.14304 of this Chapter, for the purpose of defacing, marking
or damaging any public or private 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."
Section 4. That new Section 6.14.307 is hereby added to Chapter 6.14 of the
Temecula Municipal Code to read as follows:
' "6.14.307 POSSESSION OF SPRAY ACTUATOR PROHIBITED.
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It shall be unlawful, and a misdemeanor, for any person to possess any spray
actuator, as defined in Section 6.14.304 of this Chapter, for the purpose of defacing, marking
or damaging any public or private property, without the express consent of the owner of such
property or the owner's representative."
Section 5. That new Section 6.14.308 is hereby added to Chapter 6.14 of the
Temecula Municipal Code to read as follows:
"6.14.308 STORAGE OR DISPLAY OF AEROSOL PAINT CONTAINERS
AND MARKING PENS.
Every person who owns, conducts, operates or manages a retail commercial
establishment selling aerosol paint containers, or felt -tip marker or marking pens, 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 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, view ability of aerosol paint containers and felt -tip marker or marking pens while they
are stored or displayed pending retail sale."
Section 6. SEVERABILITY. The City Council of the City of Temecula 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 7. EFFECTIVE DATE This ordinance shall be in full force and effect ninety
(90 days) after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of it to be posted and published as required by law.
PASSED, APPROVED, AND ADOPTED, this 11th day of May, 1993.
J. P Munoz, May r
ATTEST:
Ju reek, City Clerk
[SEAL]
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STATE OF CALIFORNIA)
' COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
1, June S. Greek, City Clerk of the City of Temecula, California do hereby certify that
the forgoing Ordinance No. 93 -10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 13th day of April, 1993, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 11th day of May, 1993 by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz
NOES: 1 COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS: None
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