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HomeMy WebLinkAboutAgenda Report - November 28, 1990 (37)COUNCIL TO: THE CITY COUNCIL FROM THE CITY MANAGER'S OFFICE C 0 M M U N I C A T 1 0 N COUNCIL MEETING DATE NOVEMBER 28, 1990 SUBJECT: CONSIDERATION OF INTRODUCTION OF GRAFFITI ORDINANCE PREPARED BY: City Attorney REOONNENDED ACTION: Council cons ideration.of introduction of proposed graffiti ordinance. BACKGROUND INFORMATION: At the shirtsleeve session of November 13, 1990, the City Council considered two versions of an ordinance dealing wit9 graffiti. The first was based on voluntary cooperation by the owner or responsible person, and did not compel graffiti abatement. The second version allowed the City to compel graffiti removal and if necessary, to lien the property for costs of abatement. From input by Council members and staff, it appears that the preferred cption at present is the non -mandatory version. The ordinances were evaluated and discussed by the Mayor's informal committee, comprised of concerned citizen Arthur Price, Council member Evelyn Olson, Public Works Director Jack Ronsko, and the City Attorney. The consensus was that the ordinance providing for mandatory removal of graffiti was probably not cost-effective at present, because in many cases, it might actually cost more to process the necessary paperwork than the actual cost of abating the graffiti. The paperwork would have been necessary, however, iif a lien was going to be used to cover abatement costs. For those reasons, the voluntary ordinance appears preferable. The attached ordinance allowsPublic Works to abate graffiti at no cost to the property owner, but does not provide for painting any area larger than that necessary just to cover up the graffiti. It also makes no guarantees as to a c o l o r match. In addition to the abatement provisions of this ordinance, i t would make illegal the placing of any unauthorized graffiti on a public or privately -owned building or structure, and would also prohibit the sale or furnishing to persons under 18 years of age any pressurized paint can or felt tip pen with a tip more than 1/2 inch wide. Possession of such spray paint or marking pen by any person would also be pronibited in publicly -owned parks, playgrounds or recreational facilities in the City, subject to certain specified exemptions. Count i1 Communication Proposed Graffiti Ordinance Page Two The ordinance would place the burden on businesses which sell such paint and marking pens to get proof of age from some potential buyers. However, State law already requires that sellers of such items get proof of age before selling airplane glue or paint which contains certain substances such as toluene. There are also a number of cities in California that have adopted similar restrictions on sale of paint to minors, and no evidence of this creating major problems for businesses has been noted. It has also been proposed that in conjunction with the possible adoption of a graffiti ordinance, that the City undertake an information campaign making people aware of the graffiti cleanup program. Businesses and property owners would be urged to set aside some touchup paint when buildings are repainted. Then, should it be necessary for City crews to assist in abating graffiti, the owner's paint could be used assuring a color match. If the Council desires to put this ordinance in place, a consent/hold harmless form would be prepared by the City Attorney's office. This form would be required before the City would do any graffiti abatement work. Some community organizations have already expressed an interest in helping with this program. Respectfully submitted, zcoz_�_—__ BOB McNATT City Attorney BM:vc GRAFFCC.2/TXTA.OIV ORDINANCE NO. 1502 AN ORIPOM-E OF THE LODI CITY COUNCIL ADDM CHAPTER- 9:28. TO THE LOD I MUNICIPAL CODE RELATING TO GRAFFITI ABATEMENT BE IT ORDANE D BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Chapter 9.28, Graffiti Abatement, is hereby added to the Lodi Municipal Code to read as follows: Chapter 9.28 GRAFFITI ABATEMENT 9.28.010 FINDINGS. The City Council finds that graffiti on public and private property contributes to the creation of blight, negatively affects the value of surroundinq property, visually detracts from neighborhoods and generally lowers the quality of life in the City. The Council further finds that graffiti is often related to the activities or territories of street gangs and its presence encourages proliferation of additional graffiti unless abated promptly. To promote the health, safety and welfare of the public, this ordinance is adopted to alleviate vandalism and halt the spread of such nuisances. 9.28.020 DEFINITIONS. 1. "Graffiti" means the unauthorized placing upon any public or private bu-f?c,ing, fence, structure or other property of any message, words, letters, pictures, symbols or other marking by -1- scratching, carving, the spraying of paint, or the use of chalk, dye or other similar substance. 2. "Responsible party" means the owner, manager, or person in lawful possession of property upon which graffiti has been placed. 3. "Unauthorized" means without the explicit consent of the owner or person in possession of or responsible party for the affected private property or the public official responsible for public property, to any act described in this ordinance. 9.28.030 GRAFFITI PROHIBITED. It shall be unlawful for any person to scratch, carve, paint, chalk or otherwise apply any unauthorized graffiti on any public or privately -owned building, fence, structure or other property. 9.28.040 REMOVAL OF GRAFFITI. When graffiti or other inscribed material is capable of being viewed from a public right of way or any place the public has a right to be, and the responsible party consents thereto or requests the cooperation of the City, the Public Works Director may provide for the removal of such graffiti. if the Director provides for such rernoval , he or she shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that necessary to cover the graffiti. Prior to graffiti abatement by the Public Works Department, the responsible party shall be required to execute a written release, -2- holding the City harmless and acknowledging that the covering paint may not match the color of the structure upon which it is placed. SECTION 9.28.050 SALE OR POSSESSION OF PRESSURIZED PAINT CANS. I t shall be unlawful in the City of Lodi for any person to sell, give, loan, exchange, or cause or permit to be sold, given, loaned or exchanged any pressurized can(s) containing any substance commonly known as paint or dye to any person under the age of eighteen (18) years, unless such person is the parent or legal guardian of such minor. 1`b person under the age of eighteen (18) years shall purchase any pressurized can(s) containing paint or dye. 9.28.060 SALE OR POSSESSION OF MARKING PENS. it shall be unlawful in the City of Lodi for any person to sell , give, loan, exchange, or cause or permit to be sold, given, loaned or exchanged any marking pen (s) with a tip more than one-half inch (_1/2") wide to any person under the age of eighteen (18) years. unless such person is the parent or legal guardian of such minor. For purposes of this section, a marking pen is defined as any instrument for writing or marking containing ink or other colored material with a felt or cloth composition tip. lib person under the age of eighteen (18) years shall purchase any marking pen(s) with a tip more than one-half inch (1/2") wide. -3- 9.28.070 POSSESSION OF SPRAY PAIIT OR MARKING PEN IN PUBLIC PARK SOUAFE, PLAYGROUND, SWIMMING POOL OR RECREATIONAL FACILITY. No person shall have in his or her possession any pressurized can(s) containing paint or dye, nor any marking pen(s) as defined in this chapter with a tip more than one-half inch (1/2") wide, while in any City -owned public park, square, playground, swimming pool or recreational facility of the City. 3 9.28.080 EXEMPT IONS . The provisions of this chapter regulating the sale, furnishing or possession of spray paint and marking pens shall not apply to: (a) authorized employees of the City of Lodi; (b) persons or firms under contract with the City whit 2 engaged i n authorized activities under such contract; (c) employees or agents of a firm or business utilizing such items in the normal course of business, while actually engaged in such employment activities. 9.28.090 PENALTY. A violation of this chapter shall be an infraction, punishable by a fine not exceeding five hundred dollars. SECTION 2. All ordinances and parts of ordinances i n conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time i n the "Lodi News Sentinel", a daily newspaper of general circulation printed and -4- published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of JOHN R. SNIDER ATTEST: Mayor of the City of Lodi ALICE M. REIIVICHE City Clerk of the City o f Lodi State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk o f the City of Lodi, do hereby certify that Ordinance No.1502 was introduced at a regular meeting of the City Council of the City of Lodi held November 28, 1990 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held by the following vote: Ayes : Council Melnbm - Noes : Council Member - Absent: Council Member - Abstain: Council Members - I further certify that Ordinance No. 1502 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. RE ACHE City Clerk of the City of Lodi Approved a s t o Form BOBBY W. McNATT City Attorney of the City of Lodi A ORDGRAFF, 1/TXTA.01V r -5-