Ordinance - 193246
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ORDINANCE NO. 1932.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING AND EXPANDING PROVISIONS
REGARDING ABATEMENT OF GRAFFITI
The City Council of the City of West Covina does ordain as
follows:
Section 1. Findings.
The City Council finds as follows:
A. Graffiti is inconsistent with the City property
maintenance goals and aesthetic standards and the existence of
graffiti on public and private property is obnoxious and a
blighting factor which not only depreciates the value of the
property upon which it exists, but also depreciates the value_ of
adjacent and surrounding properties in the community and adversely
affects the business community.
B. The proliferation of graffiti is often gang related and
may be a sign of the existence of broader and more significant
illegal activities. '
C. The prompt removal of any and all graffiti wherever
located in the City is in the public interest and for the public
benefit, as the continued existence of graffiti tends to attract
additional graffiti and may encourage other acts of malicious
vandalism.
D. City Council encourages the courts dealing with graffiti
taggers and their parents to utilize any and all available and
effective remedies, including but not limited to required parental
removal of graffiti or revocation or suspension of driving
privilege.
E. A program authorizing 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.
F. Graffiti implements -and paraphernalia, especially those
used by gang members and criminals, may often be stolen, and
therefore reasonable regulations are needed to discourage the theft
of such'implements and paraphernalia.
G. Adoption of an ordinance making the presence of graffiti
unlawful on any property will:.(1) assist and encourage property
owners to cooperatively engage in measures to prevent graffiti, as.
well as to remove graffiti from their property in a timely and
beneficial manner; (2) alert parents and legal guardians to their
involvement in, and responsibility for, payment of civil damages
resulting from the willful misconduct of a.minor in their charge;
(3) notify any person who willfully damages property by inscribing
graffiti that his or her acts will have direct personal consequence
which may include fines, imprisonment, court mandated community
service, suspension and/or delay of driving privileges; (4) notify
retailers within the City that it is unlawful to sell or give to
any individual under the age of eighteen (18) years certain
graffiti implements as defined by this ordinance;
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and (5) secure the cooperation of residents, businesses, and
contractors of services in the arrest of individuals responsible
for inscribing graffiti on property by providing for the payment of
a reward for information leading to the apprehension and conviction
of any person who willfully places graffiti or other inscribed
material upon public or privately owned property within the City.
Section 2. Chapter 15, Article IV is amended to delete
Sections 15-98 to 15-107 which were reserved, and which now are
transferred to Chapter 15, Article V.
Section 3. Chapter 15, Article V, Division I of the West
Covina Municipal Code hereby is amended to read as follows:
15-98. Definitions.
Whenever the following words and phrases are used in this
Chapter, they shall have the following meanings ascribed to them:
A. Graffiti. Any unauthorized inscription, symbol, design
and/or configuration of letters and/or numbers written, drawn,
scribed, etched, marked, painted, stained, stuck on or adhered by
any means whatsoever, to any surface whether publicly or privately
owned, including but not limited to, trees, signs, mailboxes,
poles, fixtures, utility boxes, trash containers, walls, windows,
roofs, paths, fences, walks, streets or pavement, under/overpasses,
tunnels, bridges, trestles, drainage facilities, buildings and/or
the interior or exterior of any other structure or surface. The
term "graffiti" shall include the commonly used term "tagging" and
those two terms shall be interchangeable as used in this Chapter.
A graffiti implement is any implement used for graffiti, including,
but not limited to the following:
1. Aerosol Paint Container. Any canister, can, bottle,
container, or other receptacle which contains any substance
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commonly known as paint, stain, dye and/or any other pigmented
substance which is and/or can be pressurized in order to propel any
such substance.
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2. Markers. Any implement commonly known. as an -indelible or
permanent ink marker and/or marking pen and/or similar implement
which contains any pigmented substance including, but not limited
to, ink or any other substance which cannot be easily and
completely removed with water after said substance has dried, which
implement at its broadest width is greater than 1/8" or which
leaves a mark of at least 1/811.
3. Paint Stick. Any device which contains any substance,
solid or liquid, including, but not limited to, any form of any
substance commonly known as paint, stain, ink, chalk, wax, epoxy
and/or any other similar substance which can be applied to any
surface by such means as applying pressure to and/or contacting any
surface in such a way as to leave any visible mark, which at its
broadest width is greater than 1/8" or which leaves a mark of at
least 1/811.
4. Etchers. Any tool, device and/or other mechanism
including, but not limited to, glass etchers, metal etchers,
cutting instruments, drill bits or any other instrument that is
capable of permanently scratching or otherwise marking any surface.
including, but not limited to, glass, mirrors, windows, steel,
aluminum, brass, tin, fiberglass, wood, plastic, concrete or any
other surface.
B. Bona Fide Evidence of Majority and Identity. Any
document evidencing the age and identity of an individual which has
been issued by a federal, state or local government entity, and
• includes but is not limited to, a motor vehicle operator s
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued by a member
of the armed forces.
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15-99. Declaration of Public Nuisance.•
A. Graffiti which appears on any property and/or structure
so as to be visible from a public right-of-way or other public
owned property,is hereby declared to be a public nuisance subject
to abatement as provided in the Article V and any other applicable
provisions of the West Covina Municipal Code.
15-100. Prohibition Against Causing or Attempting to Cause
Graffiti.
It is unlawful for any person or group of persons to apply or
cause or attempt to apply or cause graffiti or to tag including,
but•not limited to, any of the following acts:
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A. Drawing, scribing, etching, marking, painting, staining,
sticking or adhering by any means whatsoever, any unauthorized
inscription, symbol, design, and/or any markings of any kind
including but not limited to configuration of letters and/or
numbers upon any surface, whether publicly or privately owned,
including, but not limited to, trees, mail boxes, signs, poles,
fixtures, utility boxes, trash containers, fences, walls, windows,
roofs, paths, walks, streets or pavement, under/overpasses,
tunnels, bridges, trestles, drainage facilities, buildings and/or
the interior or 'exterior of any.other structures or surfaces.
B. Attempting to draw, scribe, etch, mark, paint, stain,
stick or adhere by any means whatsoever, any unauthorized markings
of any kind including but not limited to inspection, symbol,
design, and/or any configuration of letters and/or numbers upon any
surface, whether publicly or privately owned, including, but not.
limited to, trees, mail boxes, signs, poles, fixtures, utility
boxes, walls, windows, roofs, paths, walks, streets or pavement,
fences, trash containers, under/overpasses, tunnels, bridges,
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trestles, drainage facilities, buildings and/or the exterior or
interior of any other structures or surfaces.
C. Conspiring to, or participating in any way in causing or
attempting to cause graffiti, including, but not limited to, acting
as a "look -out."
15-101. Furnishing or Selling Specific Types of Graffiti
Implements to Minors.
A. It shall be unlawful and a violation of this Code for any
person, individual, organization, business, firm, corporation, or
any other entity to give, sell or loan or cause or permit to be
given, sold or loaned to any other person any implement with the
knowledge that such implement may be used to cause or attempt to
cause graffiti or to give or sell any aerosol paint container,
paint stick or marker to any individual under the age of 18 years
who is not with a parent or legal guardian without first obtaining
bona fide evidence of majority and identity.
B. All such merchants who sell aerosol paint containers,
paint sticks or markers as part of a business shall conspicuously
display a sign' applicable to all such aerosol paint containers,
paint stocks or markers available for sale stating substantially
the following:
1. "Must be 18 years of age to purchase. Must have
valid I.D. to purchase"; and
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2. "Any person who maliciously defaces real or personal
property with graffiti is guilty of a misdemeanor punishable
by fine, imprisonment, or both."
All signs must be at least ten inches (1011) by sixteen inches
(16"), with letter size of at least three -eighths inch (3/811), and
posted in a conspicuous place within six feet '(61) of the implement
or paraphernalia being offered for sale.
15-102. Possession of Graffiti Implement
No person under the age of eighteen (18) years and not in the
presence of a parent or legal guardian shall have in his or her
possession, an aerosol paint container, paint sticker, marker or
etcher while in any public area, including but not limited to any,
park, playground, swimming pool, public recreational facility, any
public right-of-way, or any private property which is open to the
public in the City unless necessary in order to participate in any
City or school sponsored function. This section shall not apply to
authorized employees of the City of West Covina nor shall it apply
to the authorized agents or contractors under contract with the
City.
15-103. Removal of Graffiti
A. Prohibition Against Allowing Graffiti to Remain. It
shall be unlawful for any owner, occupant, lessee, lessor, renter,
tenant or person otherwise in charge or control of any property
within the City to permit any graffiti to exist, or to allow any
graffiti to remain on any surface located on such property when the
graffiti constitutes a public nuisance under 15-99 (or other
applicable provisions of this Code) and notice of removal has been
given under (B) below.
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B. Removal from Non -City Property.
• 1. It is the duty of every property owner, occupant,
lessee, lessor, renter, tenant, or person otherwise in charge or
control of any property within the City, to remove graffiti promptly
from his or her property in a manner acceptable to the City. When
graffiti constitutes a public nuisance under 15-99 (or other
applicable provisions of this Code), the City may cause a written
notice to be served upon the owner of the affected property
requesting removal of the graffiti. That notice when given shall
be given pursuant to (C) of this Section.
2. If such property owner, occupant, lessee, lessor,
renter, tenant or person otherwise in charge or control of the
property, fails to remove the graffiti within 48 hours after
receipt (as defined in [C]) of the notice requesting the removal of
the graffiti, or if the City has determined not to give such a
notice and remove (or cause to be removed) the graffiti at its
expense, the graffiti may be abated by the City pursuant to the
provisions of this Article (or other applicable provisions of this
Code). The cost of abatement may be billed to the property owner
and unpaid costs of abatement placed on the tax roll in the manner
allowed by law and as set out in the West Covina Municipal Code
Section 15-200 et. seq.
3. In abating graffiti under this article, the City
need not comply with the abatement requirements of the West Covina
Municipal Code Section 15-200 through 15-206 and the procedures set
out in this Article shall apply instead. The City may utilize any
other enforcement or collection techniques legally available to it.
4. When the City Manager or her/his designee
determines to remove graffiti at its expense, and the owner of the
property consents to such removal and executes the necessary
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documents, the City or its contractor is authorized to provide for
the removal of the graffiti.
5. When the City or its contractor provides for the
removal of the graffiti, it shall not authorize or undertake to
provide for the painting or repair of any more extensive area than
that where the graffiti is located.
6. Prior to the removal of graffiti from property not
owned by the City, the City or its contractor shall obtain written
consent of the owner occupant, lessee, lessor, renter, tenant, or
other person in charge or control of the property who shall execute
a release and waiver approved as to form by the City Attorney.
C. Notice. Notice pursuant to this section shall be deemed
given upon personal service, or 48 hours after being deposited in
the United States Mail, First Class, postage prepaid, directed to
the intended individual or after posting the property position.
15-104. Parental Civil Liability. Consistent with Civil
Code section 1714.1, in situations where graffiti is willfully
caused by individuals under the age of 18, the parent or legal
guardian of said minor shall be responsible for its removal or
payment for the cost thereof. The City may recover such costs up
to $10,000 (or as otherwise determined by law) in a civil action in
addition to any other remedies provided by law.
15-105. Removal from City Property. Whenever the City
Manager or his designated representative determines that graffiti
exists upon property owned by the City, it may be removed by the
City at its expense as soon as possible.
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115-106. Reward for Information/Restitution/Community
Service.
A. The City Council may, by resolution, offer and pay a
• reward for information leading to the apprehension and conviction
of any person who places graffiti or other inscribed material as
defined herein upon public or privately owned structures within the
City. In addition to any fines levied by the City for violation of
this Ordinance, any person who has damaged property by inscribing
graffiti on public or private property shall be liable for the
amount of any reward paid.pursuant to this Ordinance and Section
53069.5 of the California Government Code.
B. As a part of any sentence or other penalty imposed, the
court may also order that restitution be paid to the victim by the
admitted or convicted perpetrator, and in the case of a perpetrator
who is a minor, by the minor's parent or lawfully designated
guardian or custodian, pursuant to, inter alia, Civil Code section
1714.1 and Government Code sections 640.5 and_640.6.
C. Upon conviction of any person for violation of this
Division, or any State law pertaining to vandalism of property with
a graffiti implement, the City encourages the sentencing court to
impose community service time, pursuant to Section .640.6 of the
California Penal Code, as that may be amended from time to time,
and to revoke or suspend driving privileges as provided by State
law.
15-107. Ordinance Shall Work in Conjunction With State
Statutes and Local Ordinance.
This Ordinance shall be interpreted so as to work with and in
• conjunction with when and where applicable) an and all state
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and/or local ordinances relating to the control of graffiti and/or
related vandalism, including, but not limited to, Sections 594,
594.1, 594.3, 640.5, 640.6, of the California Penal Code; Section
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1714.1 of the California Civil Code; and Section 53069.3 of the
California Government Code as those may be amended from time to
time.
Section 4.
Section 1-37.2 shall be amended to add Section 15-98 through
15-107 under "Chapter 15." The remedies for violation of this
article shall be those set out for misdemeanor violations of City
ordinances, up to and including a fine of $1,000 and up to 6 months
in County jail.
Section 5. Repeal.
The provisions of Sections 15-108 - 15-110 hereby are
repealed and those sections reserved.
Section 6. Severability.
If any section, subsection, sentence, clause,phrase or
portion of this chapter is for any reason field to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, or by reason of any preemptive legislation, the
remaining provisions of this ordinance shall remain in full force
and effect. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, sentence,
clauses, phrases or portions thereof, independently, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portion thereof may be declared invalid or
unconstitutional.
.Section 7. Effective Date.
This Ordinance shall be effective thirty (30) days after the
• date of its adoption.
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Section 8.
The City Clerk of the City of West Covina shall certify to the
passage and adoption of this Ordinance and shall cause the same to
• be published in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of West
Covina at a regular meeting held on the 1st day of
March , 1994.
MAYOR/OF 'THFI CITY 0'9" WEST COVINA
ATTEST:
V
CITY CLERK OF THE aTTV OF WEST COVINA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I Janet Berry, City Clerk of the City of West Covina, HEREBY
DO CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the City Council of the City of West Covina on
the 1st day of March 1994, by the following roll
call vote:
AYES: Herfert., Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
CITY CLERK OF THE C OF WEST COVINA
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CERTIFICATION
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I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
• of California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the San
Gabriel valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
J et Berry,.City Clerk
City of West Covina, California'
DATED: 3,/7` 9�'
P: 3lag�gq