HomeMy WebLinkAboutRES NO 86-94 SO UTION NO. 8 6 - 9 4
A RESOLUTION URGING LOCAL LEGISLATORS TO
SUPPORT AN AMENDMENT TO STATE LAW
CITIES AND OTHER PUBLIC AGENCIES TO ADOPT
ORDINANCES IMPOSING FINANCIAL ~ESPONSIBILITY
ON BOTH THE PERPETRATOR AND THE PARENTS OF
MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI
VANDALISM.
WHEREAS, the City Council desires to develop a new ordinance
which would deal effectively with the rampant graffiti problem
and which would make parents of minors who commit acts of
graffiti vandalism financially responsible for both restitution
and a fine; and,
WHEREAS, it is possible that without a change in State law,
such an ordinance could be subject to challenge; and,
WHEREAS, graffiti victims do have recourse against a minor
offender and the minor's parents pursuant to Civil Code Section
1714.1, as that section gives a victim the right to file a civil
action in court to recover damages of up to $10,000.00; and,
WHEREAS, although victims do have recourse as stated above,
the City Council prefers to adopt its suggested legislation as a
preferable alternative because it provides for an administrative
procedure that is outside the overburdened court system, a copy
of the proposed legislation is attached hereto entitled "New
Government Code §53069.4"; and,
WHEREAS, existing law permits cities to clean up graffiti
with City funds, however, the City's proposed legislation would
go further to allow the City to recover the clean-up costs plus
an administrative fine of up to $1,000.00 from the minor and the
minor's parents in an administrative proceeding; and,
WHEREAS, in most cases if an administrative proceeding is
held, no court action would be required, as the administrative
order would have the same effect as a money judgment and could be
collected through a lien procedure on any real property owned by
the parent or parents,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that it hereby urges local legislators to support an
amendment to state law allowing cities and other public agencies
to adopt ordinances imposing financial responsibility on both the
of minor children who commit acts of
is
perpetrator and the parents
graffiti vandalism, a copy of said proposed legislation
attached hereto entitled "New Government Code §53069.4".
.......... o0o ..........
X HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on J0N [5 199% , by the
following vote:
AYES: COUNCILMEMBERS ble~aRI4e~, EDWARDS, D~iMOND, SMITH, 8RUNNI, fiOWLES, SALVAGGIO
NO~S: COUNCILMEMBERS ~"~ (-¥~ ~-
At~TAIN: COUNCiLMEMBERS .V~.OWI ~-
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED JUN ~ 5 19~%
APPROVED AS TO FORM:
JUDY K. SKOUSEN
Acting City Attorney
By:
'JUDY. K. ~kOUSEN / .....
Acting -City Att<~rney
City of Bakersfield
ADD: j wf
ORtGINAL