HomeMy WebLinkAboutORD NO 3726ORDINANCE NO. 3 7 ~, 6
AN ORDINANCE AMENDING SECTION 9.36.070 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING
TO GRAFFITI.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 9.36.070 of the Bakersfield Municipal Code is hereby amended to read as
follows:
9.36.070 Removal of Graffiti.
A. Right of City to Remove.
1. Authorization to Use City Funds. Within the limits set forth in this
Section, City funds may be used to remove graffiti and other similar inscribed material from
publicly or privately owned permanent structures located on publicly or privately owned
real property within the City.
2. Limitations to Use of City Funds. The use of City funds as authorized
in this Section is limited to the following cases:
Sufficient funds have been budgeted and remain
unencumbered for such purpose.
The City Manager or the designee of the City Manager
approves each proposed use of City funds for such purpose.
City funds shall be used only to remove the inscribed material
itself and may not be used for painting or repairing of any more
extensive area.
In any instance where the owner or tenant of the affected
property caused, materially contributed to, or voluntarily
consented to the inscription, the owner may be held financially
responsible pursuant to subsection 3 below.
3. Right of Entry on Private Property: Failure to Obtain Owner Consent.
The City will first seek to obtain the written consent of the owner of the affected property,
public or private, in order to enter upon the property to remove graffiti located thereon.
The consent shall be in a form approved by the City Attorney and shall:
Authorize entry of City employees and/or contractors on the
affected property to accomplish the removal of the material;
Assign to the City of Bakersfield any cause or causes of action
which the owner may have against any person or persons who
defaced said property with graffiti; and
Hold the City, its officers, employees and contractors harmless
from all liability arising out of the entry on the property in order
to perform the work of removing the material.
If the City is unable to secure entry upon the affected property for the purpose of
removal of the graffiti, or if the City shall have requested consent to remove or paint over
graffiti and the property owner shall have refused consent for entry on terms acceptable
to the City consistent with the terms of this Section, the City may commence abatement
and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance
abatement authority set forth in Bakersfield Municipal Code Chapter 8.80, which authority
includes the recovery of all costs incurred by the City in abating graffiti and recordation of
lien as to affected property as provided for in Government Code Sections 38773 et seq.
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). The City
is also hereby authorized to seek recovery for any and all costs incurred by the City for
removal of graffiti caused by the parent or guardian's minor child pursuant to the remedies
set forth in Government Code Sections 38772, 38773.2 and 38773.6. The procedures for
recovery of such costs shall be those set forth in Bakersfield Municipal Code Sections
8.80.140 through 8.80.200.
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. 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.
SECTION 2.
-- Page 2 of 3 Pages --
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.
.......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof h,e, ld on s~.~G 2 ! 19~
by the following vote: ....... "TT ROWLE$, SULU,~AN, SALVA
^ Es: COU C, EMB " C"D, '
NOr_:S: COUHCILMEMBER ~ ~ '-~ ~ '~
A~SI~t~. COUNCILMEMBER - ,~ ~ ~ ~ ~
~T: COUNCI~JEMBER
Acting CITY ~LERK and Ex Offici~ Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 1 19{J~
BO
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
By:
~__~'7_.~-- / ,/ (-/ -"'-
CARL HERNANDEZ III
Deputy City Attorney
CH:dlr/meg
S:~COUNCIL'ORD'~RAFFITI.ORD-August 2, 1996
-- Page 3 of 3 Pages -- '
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 Acting City Clerk of the City of Bakersfield; and
that on the 28th day of August, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3726, passed by the Bakersfield City Council at a
meeting held on the 21st day of August, 1996, and entitled:
AN ORDINANCE AMENDING SECTION 9.36.070 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO GRAFFITI
/s/ PAMELA A. McCARTHY
Acting City .Clerk of the Cit),. of Bakersfield
DEPUT~{ City~Clerk