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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