HomeMy WebLinkAboutORD 04-10 Amending Chapter 8.37 Removal of GraffitiORDINANCE N0.4-
10 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER8.37
OF THE ORANGE MUNICIPAL CODE RELATING
TO REMOVAL OF
GRAFFITI.WHEREAS, the City, along with most of Orange County, has experienced
an increase in graffiti vandalism;
and WHEREAS, graffiti vandals specifically target walls, buildings and other
structures that can be viewed by large numbers of people traveling on public rights-
of--way; and WHEREAS, it is a widespread belief among law
enforcement that immediate removal of graffiti is a deterrent to more graffiti, that graffiti can and
does spur additional crime in the area of the graffiti and that graffiti can cause economic harm
to
City businesses;and WHEREAS, the City expends significant sums of money each
year removing graffiti from structures and buildings owned by
private owners; and WHEREAS, the purpose of this Ordinance is to reduce crime, reduce
the incidents of graffiti, reduce aesthetic blight; reduce or reimburse the City
for public expenditures associated with graffiti removal on private property and/or structures and
to further the prosperity of businesses
in the City.NOW THEREFORE, THE CITY COUNCIL OF THE
CITY OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTION I:Chapter 8.37 of the Orange Municipal Code entitled Graffiti is
hereby amended to
read asfollows:8.37.
080 Graffiti Removal Notwithstanding any other provisions of the Orange Municipal Code,
when the City Manager or his designee finds that graffiti or other inscribed
material constitutes obnoxious graffiti and by virtue of its location on public or private property is in full view
of a person utilizing any public right-of--way, whether a highway, street, road,
parkway or alley, the City shall be authorized, although not required, to undertake the removal
of such graffiti. If the findings set forth herein are not made, the City may undertake
the removal of such graffiti,but shall charge a fee for such removal as
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. If the City provides for the removal of graffiti, it
shall not authorize or undertake to provide for the painting or repair of any more extensive
area than that area where the graffiti is located."
SECTION II:
A new Section 8.37.095 shall be added to the Orange Municipal Code to read as
follows:
8.37.095 Cost of Graffiti Removal.
Whenever this Chapter calls for the City to be reimbursed for its cost of removal, the
charge for such removal shall be in an amount set forth by resolution of the City Council,
which amount shall not exceed the City's estimated cost of removal."
SECTION III:
Should any section, subsection, clause or provision of this Ordinance, for any reason,
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance, it being hereby
expressly declared that this Ordinance and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION IV:
A summary of this ordinance shall be published and a certified copy of the full text of
this ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City
Council meeting at which this ordinance is adopted. A summary of this ordinance shall also
be published once within 15 days after the ordinances passage in a newspaper of general
circulation, published, and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of such adopted ordinance along with
the names of those City Council members voting for and against the ordinance in accordance
of Government Code Section 36933. This ordinance shall take effect 30 days from and after
the date of its final passage.
ADOPTED this 27th day of April, 2010.
ATTEST:
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3
Mary E. ~ ,,City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 13th day of April, 2010, and thereafter at the regular meeting of said City
Council duly held on the 27th day of April, 2010, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary ~
hy, City Clerk, City of Orange 3