HomeMy WebLinkAbout1380 - ORDINANCES - 4/17/1991 ORDINANCE NO. 1380
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING SECTIONS 11 . 72 . 172
AND 11 . 72 . 174 OF THE PALM. SPRINGS MUNICIPAL
CODE DECLARING GRAFFITI TO BE A PUBLIC
NUISANCE AND ADDING CHAPTER 11 . 70 TO THE PALM
SPRINGS MUNICIPAL CODE PROHIBITING THE POSSES-
SION AND SALE OF AEROSOL CONTAINERS OF PAINT
TO MINORS, PROHIBITING GRAFFITI , PROVIDING FOR
ITS REMOVAL BY CITY OFFICIALS AT THE CITY ' S
EXPENSE AND ESTABLISHING A REWARD TO PERSONS
OFFERING INFORMATION LEADING TO THE APPREHEN-
SION OF GRAFFITI VANDALS
WHEREAS, the City Council finds and determines that
graffiti on public and private property is obnoxious and a
blighting factor which not only depreciates the value of the
property which has been the target of such malicious
vandalism, but also depreciates the value of the adjacent and
surrounding properties , and in so doing negatively impacts
the entire community; and
WHEREAS, the City Council further finds and determines
that abatement of such conditions will enhance the appearance
of and benefit the use and enjoyment of properties in the
City and enhance the values and appearance of neighboring
properties; and
WHEREAS, the City Council further finds and determines
that the presence of graffiti on some properties encourages
others to apply graffiti to properties not affected by this
nuisance, thereby causing further deterioration and blight
within the City; and
WHEREAS, the City Council further finds and determines
that it is necessary to implement on an immediate basis a
City-wide program to remove graffiti from walls and
structures on both public and privately owned property so as
to prevent the rapid spread of graffiti to neighboring
properties; and
WHEREAS, the City Council has the right under Government
Code Section 53069 . 3 to authorize the use of City funds to
remove graffiti from public or privately owned permanent
structures located on public or privately owned real property
within the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 11 .72 . 172 and 11 . 72 . 174 are hereby added
to the Palm Springs Municipal Code to read as follows :
11 .72 .172 Graffiti--Defined. Graffiti is defined
for the purpose of this chapter as any unauthorized
inscription, word, figure, or design that is marked,
etched, scratched, drawn, or painted on any structural
component of any building, or on any wall, structure, or
other facility regardless of the nature of the material
of that structural component, wall , structure or other
facility.
Ord. No. 1380
Page 2
11 . 72 . 174 Graffitj.--Nuisance . Graffiti as
defined in Section 11 . 72 . 172 , which is viewable from a
public right-of-way or viewable from the sites of
neighboring properties „ is a public nuisance.
SECTION 2 . Chapter 11 . 70 is hereby added to the Palm Springs
Municipal Code to read as follows :
CHAPTER 11. 70
GRAFFITI
Sections •
11 . 70 .010 Definitions .
11 . 70 . 020 Spray 1?,aint--Sale to minors .
11 .70 . 030 Possession of spray paaint--Prohibit ion
in public places, parks and buildings .
11.70 . 040 Possession of spray paint--Prohibition
by minors in streets and other public
places .
11.70 . 050 Graffiti--prohibited.
11.70 .060 Graffiti--removal .
11 .70 . 070 Graffiti--reward.
11 . 70 . 010 Definitions .
(a) "Bona fide evidence of majority" imeans a
document issued by a federal , state, county or municipal
government or subdivision or agency thereof , including
but not limited to, a motor vehicle operator ' s :License,
a registration certificate issued under the Federal
Selective Service Act „ a passport or an identification
card issued to a, member of the armed forces which
identifies an individual and provides proof of the age
of such individual .
(b) "Capable of defacing property" means any
substance, spray paint, paint or dye, or any other
liquid which when applied to any surface leaves an
opaque and insoluble residue which cannot be removed by
ordinary application of soap and water .
(c) "Graffiti" means any unauthorized inscription,
word, figure, or design that is marked, etched,
scratched, drawn, or painted on. any structural component
of any building, or on any wall , structure, or other
facility regardless of the nature of the material of
that structural component, wall, structure or other
facility.
11.70 . 020 SFiray paint--Sale to minors .
(a) No person shall sell or cause to be sold to
any person under the age of eighteen years any aerosol
container of spray paint capable of defacing property .
(b) Evidence that a person, his or her employee ,
or agent, demanded and was shown bona fide evidence of
majority and acted upon such evidence of majority in a
transaction of sa'Le, shall be a defense to any criminal
prosecution thereof .
(c) Any person who owns , manages or operates a
place of business wherein aerosol containers of spray
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d No. 1380
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paint capable of defacing property are sold shall post
in a conspicuous place a sign in letters at least
three-eighths of an inch high stating : "Any person who
maliciously defaces real or personal property with paint
is guilty of vandalism which is punishable by a fine ,
imprisonment , or both. "
11. 70 . 030 Possession of spray paint--Prohibition
in public places , parks and buildings . No person shall
have in his or her possession any aerosol container of
spray paint capable of defacing property while in any
public park , playground, swimming pool or recreation
facility, public building or other public place, other
than a highway, street or alley, except authorized
employees or agents of the City or persons having the
authorization of the city manager .
11. 70 . 040 Possession of spray paint--Prohibition
by minors in streets and other public places . No person
under the age of eighteen shall have in his or her
possession any aerosol container of spray paint capable
of defacing property while on any public highway,
street, alley or way unless such person is accompanied
by a parent or legal guardian.
11 . 70 . 050 Graffiti--Prohibited. No person shall
wilfully or maliciously use any liquid substance , spray
paint, chalk , dye or other similar substance to paint ,
mar or deface any public or privately owned structures
located on public or privately owned real property
within the City, whether such property is occupied,
vacated or abandoned.
11 .70 . 060 Graffiti.--Removal .
(a) Whenever the city manager or his/her desig-
nated representative determines that graffiti is so
located on public or privately owned permanent struc-
tures located on public or privately owned real property
within the City so as to be a public nuisance, the city
manager or his/her designated representative is
authorized to use City funds to provide for the removal
of the graffiti , without reimbursement from the property
owner upon whose property the graffiti has been applied.
Prior to the removal of such graffiti , the City shall
obtain the written consent of the owner for such action
and the owner shall execute an appropriate release form
and right of entry form to permit such graffiti removal.
The City ' s removal of graffiti by painting or repair
shall not involve the painting or repair of a more
extensive area than that area where the graffiti is
located.
(b) in addition to the procedures established by
this section, the City is authorized to abate graffiti
as a public nuisance pursuant to the abatement proce-
dures in Chapter 11 .72 of the Palm Springs Municipal
Code.
11 .70 . 070 Graffiti--Reward.
(a) A reward in an amount established by
resolution of the City Council is authorized, offered
and may be paid by the City to any person who provides
information leading to the determination of the identity
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Ord No. 1380
Page 4
of , and - the apprehension of , any person who wilfully or
maliciously paints , mars or defaces any public or
private structure located on private or public property
within the City.
(b) The exact amount of the reward to be paid by
the City shall be determined by the City Counci L after
receipt of a report from the city manager indicating
that information was received leading to the determina-
tion of the identity of , and the apprehension of , a
person who wilfully or maliciously painted, marred or
defaced a structure located on public or private
property located within the City, and indicating the
final disposition of such matter . No law enforcement
officer , municipal officer , official or employee of the
City shall be eligible for such reward.
(c) Any person violating the provisions of Section
11 .70 . 050 of this chapter shall be liable for the amount
of any reward paid by the City pursuant to this section,
and if that person is a minor , his or her parent or
guardian shall also be liable for the amount . Any
person owing money shall be liable in any action brought
in the name of the City for the recovery of such amount ,
including reasonable attorney fees .
SECTION 3 . DECLARATION OF FACTS CONSTITUTING URGENCY . This
Ordinance is hereby declared to be urgently required for the
immediate preservation of the public health, safety and
general welfare and shall take effect immediately upon its
publication. The following is a statement of facts showing
its urgency:
While graffiti varidali.sm of buildings .:and structures in
the City of Palm Springs has occurred in the past, it has
usually occurred on a small scale in isolated areas of the
City. With the beginning of "Spring Break" this year came an
alarming increase :in graffiti vandalism. However , the
vandalism did not stop when the college students left the
City. On the night of April 11 , 1991 , the City was attacked
by graffiti vandals who left. their mark on public and private
property in the downtown corridor and in and around the City
airport . Many residents registered complaints with City
personnel the next day requesting that the graffiti be
removed. The City is currently unable to enter and remove
graffiti from structures on privately owned land. The City
Council finds that it is necessary to implement on an
immediate basis a City-wide program to remove graffiti from
walls and structures on both public and privately owned
property so as to prevent the rapid spread of graffiti to
neighboring properties . Every day the offending graffiti is
allowed to remain on the buildings is encouragement to others
to spread the graffiti to other properties . In addition, the
City fears that the increase in graffiti vandalism is due to
suspected gang activity. This ordinance is necessary to
discourage further graffiti vandalism which could lead to
more serious incidents of crime in the City. If this
ordinance does not take immediate effect , the public; health,
safety and general welfare will be greatly diminished as a
result .
SECTION 4 . PUBLICATION. The City Clerk is hereby ordered
and directed to certify to the passage of this Ordinance, and
to cause the same or a summary thereof or a display
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No. 1380
5
advertisement , duly prepared according to law, to be
published in accordance with law.
ADOPTED this 17th day of aril 1991 .
AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS;,,:Cb1EYFORNIA
B
City Clerk Mayor
REVIEWED & APPROVED:
9/425/014084-0001/012
I HEREBY CERTIFY that the foregoing Ordinance 1380 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 17th day of April , 1991, and that same was published
in the DESERT SUN, a newspaper of general circulation on April 26, 1991.
l
DIDTI SUIT
City Clerk
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