HomeMy WebLinkAboutORD-04-93 Repeal Ch. 8.37 and Add Ch 8.37 GraffitiORDINANCE NO. 4-
93 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE
REPEALING AND DELETING CHAPTER 8.37 OF
THE ORANGE MUNICIPAL CODE AND
ADDING CHAPTER 8.37 RELATING TO
GRAFFITI.The City Council of the City of Orange does ordain
as
follows:Section
I:Chapter 8.37 of the Orange Municipal Code is
hereby
repealed.Section
II:Chapter 8.37 is hereby added to the Orange
Municipal Code to read as
follows:Section 8.37.010 PURPOSE AND
FINDINGS The purpose and intent of this section is to provide
the additional enforcement tools necessary to assist in
the protection of public and private property from acts
of defacement and vandalism caused by graffiti in order
to reduce the blight and deterioration of property values
in the City of
Orange.The City finds and determines as
follows:1. Graffiti on structures located upon public
and private property is a blighting factor which depreciates
the value of the property and also devalues the adjacent
and surrounding properties in the community;
and 2. It is the City's intent to prohibit the
placement of graffiti on structures located on both public and
private property;
and 3. Government Code Section 53069.3 provides that
a city may enact an ordinance authorizing the use of
city funds to remove graffiti or other inscribed material
from public or privately owned permanent structures if the
city finds the graffiti or other inscribed material is
obnoxious;
4. The City Council hereby finds that graffiti or
related inscribed materials are obnoxious as herein
discussed and authorizes the establishment of a program to
allow the use of City funds to remove graffiti from
structures on public and private property.
5. Government Code Section 53069.5 provides that a
city may offer and pay a reward for information leading to
the determination of the identity of, and the apprehension
of, any person who willfully damages or destroys any
property.
Section 8.37.020 DEFINITIONS
AEROSOL PAINT CONTAINER means any aerosol container
regardless of the material from which it is made, which is
adapted or made for the purpose of spraying paint or other
substances capable of defacing property.
ETCHING TOOL OR SCRIBE means any sharp or pointed
instrument that is comprised of hardened steel, carbide or
stainless steel which is capable of etching or marking
glass, plastic, wood, metal or concrete surfaces. This
definition includes, but is not limited to, picks, scribes,
awls, markers and etchers.
FELT TIP MARKER means any indelible marker or similar
implement with a tip which at its broadest width is greater
than one-eighth (1/8th) inch, containing an ink which is
not water
soluble.GRAFFITI means the unauthorized etching,
inscribing,spraying of paint, or marking symbols using paint,
spray paint, ink, chalk, dye, etching tools or similar
materials on public or private structures, buildings or
places.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, scribers, glass cutters, or
etching tools,or other implements capable of scarring
glass, plastic,wood, metal
or concrete.OBNOXIOUS GRAFFITI means graffiti which has any
of the
following characteristics:ORDNO.
4.
1. Insults or incites hatred or contempt of any person
or group on the basis of ethnic origin, gender, race, or
religious affiliation;
2. Refers to the name of a gang or includes words or
symbols associated with a gang or individual gang
member.
3. Refers to the name or identity of an individual
tagger or members of a tagging group or organization.
4. Insults or threatens any identifiable individual or
group.
5. Includes obscene or indecent language or
depictions.
6. Promotes criminal activity or promotes retaliatory
action by an individua1(s).
7. Tends to attract more graffiti.
8. Constitutes an aesthetic blight or eyesore to a
neighborhood.
PAINT STICK OR GRAFFITI STICK means any device
containing a solid form of paint, chalk, wax, epoxy, or
other similar substance capable of being applied to a
surface by pressure, and upon application, leaving a mark at
least one-eighth (1/8th) inch in width, visible from
a distance of 20 feet and not water
soluble.SPRAY ACTUATOR (also known as a spray tip, nozzle
or button) means an object which is capable of being
attached to an aerosol paint container for the purpose of
spraying the substance contained
therein.Section 8.37.030 GRAFFITI
PROHIBITION It is unlawful for any person to paint, chalk, etch,
or otherwise apply graffiti on public or privately
owned buildings, permanent structures, or places located on
public or privately owned property within the
City.Section 8.37.040 POSSESSION OF GRAFFITI
IMPLEMENTS
PROHIBITED ORDNO.4.
93
It shall be unlawful, and a misdemeanor, for any person
to possess any graffiti implement, as defined in Section
8.37.020 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 8.37.050 POSSESSION OF SPRAY ACTUATOR PROHIBITED
It shall be unlawful, and a misdemeanor, for any person
to possess any spray actuator, as defined in Section
8.37.020 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 8.37.060 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, viewability of aerosol paint containers
and felt-tip marker or marking pens while they are
stored or displayed pending
retail sale.Section 8.37.070 GRAFFITI ON
PRIVATE PROPERTY It shall be unlawful for the owner of
any private property to permit graffiti or other inscribed
materials to remain on structures so as to be capable of being
viewed by a person utilizing any public right-of-way
in the City, such as a highway, street, road, parkway
or alley, providing the City has given written notice to
the owner or occupant requiring removal of the graffiti within
a period of not less than three (3) calendar days and
such time period has
elapsed without remedial action.Section 8.
37.080
GRAFFITI
Notwithstanding any other provisions of the Orange
Municipal Code, when the Director of Community Services
determines that graffiti or other inscribed material
constitutes obnoxious graffiti and by virtue of its location
on public or private property is in view of a person
utilizing any public right-of-way, whether
a highway,street, road, parkway or alley, the City shall
be authorized to undertake the removal of such graffiti. 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 8.37.090 RESPONSIBILITY FOR COST
OF REMOVAL Whenever graffiti has been removed from
public or private property at the expense of the City of
Orange, 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 Orange for all costs of removal. Upon
the determination of the costs of removal, 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 8.37.
100 PENALTY In addition to other penalties under state law
which may be applicable, any violation of this chapter shall
be a misdemeanor offense punishable by either six (6)
months in jail, a $1,000 fine, or both such fine
and imprisonment.Section 8.37.110
GRAFFITI REWARD A reward in an amount established by Resolution
of the City Council may be authorized, offered and may be
paid by the City to any person who provides information
which leads to the determination of the identity of,
and the apprehension and conviction of, any person who
willfully or maliciously paints, mars, or defaces any public
or private
ORDNO.
structure located on private or public property with the
City.
No law enforcement officer, municipal officer, official
or employee of the City shall be eligible for such reward.
In the event of damage to public property, the person
committing the graffiti and, if that person is an
unemancipated minor, then the custodial parent of said
minor, shall be liable to reimburse the City for any rewards
paid pursuant to this Section.
Section 8.37.120 SEVERABILITY
It is declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and
phrases of this Section form an interrelated program for
dealing with the problem of graffiti and vandalism within
the City, but that such sections, paragraphs, clauses and
phrases are distinct and severable and, in the event that
any sections, paragraphs, clauses and phrases are declared
unconstitutional, invalid or unenforceable by any court of
competent jurisdiction, such unconstitutionality, invalidity
or unenforceability shall not affect any of the remaining
sections, paragraphs, clauses or phrases of this Chapter.
Section III:
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 five days
prior to the City Council meeting at which this Ordinance is
to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, 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 with
Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final
passage.
ADOPTED this 20th day of April 1993.
ORDNO.4-
ATTEST:
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City Cle of e 'y 0 Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARILYN J. JENSEN, 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 , 1993, and
thereafter at a regular meeting of said City Council duly
held on the 20th day of April , 1993, was duly
passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS:SPURGEON BARRERA, MAYOR BEYER
COONTZ, MURPHY
NONENOES:COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:NONE
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Cler f ttWcW of Orange ORDNO.
4-93
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