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Home My WebLink AboutORD NO 3517EMERGENCY ORDINANCE NO. 3517 AN E~n'.RGENCY ORDINANCE ADDING CHAI-z'~K 9.36 TO THE BAKERSFIW. r.n MUNICIPAL CODE RELATING TO GRAFFITI PREVENTION AND ABAT=~fi~qT. Whereas, this emergency ordinance is necessary for the immediate preservation of the public health, peace, property and safety in that graffiti causes members of the public to fear for their safety, leads to increased violence and criminal activity and depreciates property value; and Wn~EAS, this emergency ordinance is necessary for the prevention and prompt abatement of graffiti from public and private property in the City; and WHEREAS, the increase of graffiti vandalism on both public and private property has resulted in a deterioration of property values and concern for the quality of life of its citizens, the City Council finds and determines that it is necessary to immediately take all possible actions to prevent graffiti and further that graffiti constitutes a public nuisance which, if left unabated, adversely affects the City's image, business development, retail sales, and residential housing costs; and WHEREAS, graffiti on public or private property encourages additional unacceptable occurrences of graffiti, fuels fear among the community and is a factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of adjacent and surrounding properties; and W~n~AS, this emergency ordinance is intended to prevent graffiti and to minimize the impact which graffiti has on the City's quality of life, economic stability, environmental image, aesthetic standard, and the overall sense of feeling of safety and security of its citizens; and WHEREAS, the existence of graffiti tends to breed community discontent and criminal and gang related activities, the ordinance will serve to mitigate these problems by making it more difficult to obtain the instruments used in creating graffiti and through quick removal and control of graffiti vandalism; NOW, TH]~REFORE, BE IT O~DAI_N~u by the Council of the City of Bakersfield as follows: ~%AK~o~ ORIGINAL SECTION 1 The above recitations constitute Council in this matter. SECTION 2 the findings of the City Chapter 9.36 is hereby added to the Bakersfield Municipal Code to read as follows: CHAi~'~ 9.36 GRAFFITI PREVENTION ANDABATEMENT Sections: 9.36.010 9.36.020 9.36.030 9.36.040 9.36.050 9.36.060 9.36.070 9.36.080 9.36.090 9.36.100 Purpose Graffiti defined. Public nuisance. Display of aerosol spray paint containers and marker pens. Sale of wide-tipped marker pens to minors. Possession of aerosol paint container or wide- tipped marker pen. Removal of graffiti. Penalty. Reward. Severability. 9.36.010 Purpose. The purpose of this ordinance is to prevent graffiti and provide for the prompt abatement of graffiti from public and private property in the City; to provide for methods of controlling the sale, use and possession of instruments used in creating graffiti; and to encourage citizens to report occurrences of graffiti vandalism within the City. 9.36.020 Graffiti defined. "Graffiti" means, but is not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked~ etched, scratched, drawn or painted upon any public or private property, either real or personal, or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in the City of Bakersfield, including but not limited to any roadway, parkway, sidewalk or alley. 2 ~ ORIGINAL 9.36.030 ~t,blte nuisance. The City of Bakersfield hereby declares graffiti to be a public nuisance to be abated pursuant to the provisions provided in chapter 8.80 of this code. Nothing in this or any other chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. 9.36.040 Display of aerosol spray paint conta/n~s and marker A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or marker pens with the tip exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored, if viewable by the public, in a manner not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. 9.36.050 Sale of wide-tipped marker pens to minors. A. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any marker pen with the tip exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult. B. It shall be unlawful for any person under the age of eighteen (18) years to purchase a marker pen(s) with the tip exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry. C. Every retailer selling or offering for sale marker pens with the tip exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least 3/8 of an inch high stating: 3 "ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR OTHER PERMANENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT." 9.36.060 Possession of aerosol paint container or wide-tiF~ed marker Den. A. It is unlawful for any person under the age of eighteen (18) years, who is on private property, without the consent of the owner, tenant or operator thereon, or who is in a public place, to possess a marker pen with the tip exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, a "public place" includes, but is not limited to, all public buildings and facilities, public highway, street, alley or way, regardless of whether that person is or is not in any automobile, vehicle or other conveyance. This subdivision shall not apply to the possession of a marker pen with the tip exceeding four (4) millimeters in width, by a minor under the supervision of a responsible adult. B. It is unlawful for any individual, who is on private property, without the consent of the owner, tenant or operator thereon, to possess an aerosol or pressurized container of paint for the purpose of defacing property. 9.36.070 Removal of graffiti. A. General. Any person applying graffiti to any private or public property within the City shall have the duty to remove same in a manner approved by the City and the property owner within a time specified by the City or its designated representative. Failure of any person to so remove graffiti as directed shall constitute an additional violation of this chapter. Consistent with Civil Code section 1714.1, where graffiti is applied by a minor, the parent or guardian thereof shall be jointly and severally liable with the minor for any damages resulting therefrom. The application of graffiti to any private or public property within the city shall be punished as set forth in Penal Code section 594 or 640.6. B. Public Property. Whenever the City Manager or his designated representative determines that graffiti exists upon property owned by the City, the City shall take all reasonable and timely steps to remove same. When the property is owned by another public entity in the City, the removal of the graffiti may be authorized by the City or its designated representative, and removal undertaken by the City only after securing written consent of the public entity having jurisdiction over the property. O~IG;NAL C. Restitution. Any individual who is found guilty of violating this section shall pay restitution to the property owner, in addition to any other authorized penalty imposed. If the violator is a minor, the parent or guardian shall be jointly responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent, with the consent of the property owner, by painting out or other removal of such graffiti. 9.36.080 Penalty. A violation of this chapter, except where otherwise indicated, is a misdemeanor subject to all penalties set forth in the Penal Code of this state and in chapter 1.40.010 of the Bakersfield Municipal Code. 9.36.090 Reward. The City of Bakersfield may provide a reward of up to Five Hundred Dollars ($500.00) in each case for information which leads to the arrest and conviction of graffiti vandals. As part of this incentive, the Economic Development Department of the City of Bakersfield may establish, publicize, and maintain a "graffiti hotline" for citizens to utilize to report this nuisance. 9.36.100 Severability. It is declared to be the intention of the City Council that the subsections, 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 subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any subsections, 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 subsections, paragraphs, clauses or phrases of this chapter. SECTION 3 This emergency ordinance is necessary for the prevention and abatement of graffiti vandalism from private and public property in the City, and shall become effective immediately upon its passage. .......... o0o .......... 5 ORIGINAL I RR~EBy CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the council of the City of Bakersfield at a regular meeting thereof held on April 14, 1993, by the following vote: AYES: COUNCILMEMBERS: EDWAROS. DeMOND, SMITH, BRUNNI, KANE, McDERMOTT SALVAGGIO NOES: COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS* N OM APPROVED CITY CLERK and EX OFFICIO CLERK of the the City Council of the City of Bakersfield APR VICE-MAYOR of the City of Bakersfield APPROVED as to form: MGA:gp ORDINANCE/GRAFFITI *gjr 6 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 15th day of April, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Emergency Ordinance No. 3517, passed by the Bakersfield City Council at a meeting held on the 14th day of April, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield