HomeMy WebLinkAboutORD NO 3813ORDINANCE NO. ~ 8 ! 3
AN ORDINANCE OF THE CITY COUNCIL
AMENDING SECTION 9.36.070 RELATIVE TO
THE REMOVAL OF GRAFFITI
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 9.36.070 of the Bakersfield Municipal Code is amended to read as
follows:
Chapter 9.36.070
AN ORDINANCE AMENDING SECTION 9.36.070
RELATIVE TO THE REMOVAL OF GRAFFITI
1)
read:
Section 9.36070 of Bakersfield Municipal Code is being amended to
"...B. Liability of Parents or Guardians; Liability of Violator; Penal Violations
1. Pursuant to California Civil Code section 1714.1, each parent or legal
guardian shall be personally liable for any and all costs incurred by the city or any
person or business in connection with the removal of graffiti caused by that parent or
guardian's minor child, and for all law enforcement costs, city staff costs, attorney's
fees and court costs incurred in connection with the civil prosecution of any claim for
damages or reimbursement, up to the limits set in California Civil Code section
1714.1(b).
2. Any individual who is determined to be responsible for violating the
provisions of this chapter shall be personally liable for any and all costs incurred by the
city or any person or business in connection with the removal of graffiti caused by that
person, and for all law enforcement costs, city staff costs, attorney's fees and court
costs incurred in connection with the civil prosecution of any claim for damages or
reimbursement.
3. In addition to civil restitution remedies, the section may pursue criminal
charges for violators of this Chapter (as set forth in Penal Code section 594 or 640.6).
4. In addition to the above, the city may also seek recovery for any and all
costs incurred by the city for removal of graffiti pursuant to the remedies set forth in
Government Code sections 38772, 38773.2 and 38773.6. The procedures for recovery
of costs under this particular paragraph shall be those set forth in Bakersfield Municipal
Code sections 8.80.140 through 8.80.200.
SECTION 2.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and dopted by
DEC '~ ' 1997 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND,*~CR,-Ir MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offi(Yo~ Cl~/r/k of the
Council of the City of Bakersfier'd
APPROVED:
BOB ~RI~
CITY OF BAKF
E,~r$ 1997
YOR
JSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
B
JL~DY K. S~OUSEN
C/Ity Attorne~y
(~ty of Bakersfield
VG/fet
s\council\ord
~ Graffiti. ord
11/04/97
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
COUNTY OF KERN )
PAMELA A. McCARTHY, 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 4th day of December, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 38'13, passed by the
Bakersfield City Council at a meeting held on the 3rd day of December, '1997, and entitled:
Ordinance amending Section 9.36.070 relative to the removal of
graffiti.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk