HomeMy WebLinkAboutAgenda Report - December 19, 1990 (71)C U N C I L C 0 M M U N I C A ION
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
f- Jl;Cif. MEETING DATE:
DECEMd£R 19, 1990
SUBJECT: ADOPTION OF ORDINANCE NO. 1502 - AN ORDINANCE OF THE LODI CITY COUNCIL ADDING
CHAPTER 9.28 TO THE LODI MUNICIPAL CODE RELATING TO GRAFFITI ABATEMENT
Ordinance No. 1502 - *An Ordinance of the Lodi City Council Adding Chapter 9.28 to the Lodi
Municipal Code Relating to Graffiti Abatement" was introduced at the regular meeting of the
Lodi City Council held November 28, 1990.
Pursuant to Staf.e statute, ordinances may be adopted five days after their introduction
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1502.
A1Q W �lRe'
ice M. Rei the
City Clerk
AMR/imp
COUNCO47/TXTA.025
ORDNANCE NO. 1502
AN ORDINANCE OF THE LODI CITY COUNCIL
ADDING CHAPTER 9.28 TO THE LODI MUNICIPAL CODE
RELATING TO GRAFFITI ABATEMENT
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FCLIOVV&-
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 surrounding 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 building, fence, structure or other property of any
message, words, letters, pictures, symbols or other marking by
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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 CF 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 removal,
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 Wcrks Department,
the responsible party shall be required to execute a written release,
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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
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 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. M person under the age of eighteen (18) years shall purchase
any pressurized can(s) containing paint or dye.
9.28.060 POSSESSION OF SPRAY PAINT IN PUBLIC PARK, SQUARE,
PLAYGROUND, SMMM POOL OR RECREATIONAL FACILITY.
No person shall have in his or her possession any pressurized
cari(s) containing paint or dye while in any City -owned public park,
square, playground, swimming pool or recreational facility of the
City.
9.28.070 EXEIVFUONS.
The provisions of this chapter regulating the sale, furnishing or
possession of spray paint shall not apply to:
(a) authorized employees of the City of Lodi;
(b) persons or firms under contract with the City while engaged
in authorized activities under such contract;
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(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.
9.28.080 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
published in the City of Lodi and shall be i n force and take effect
thirty days fcm and after its passage and approval.
pr ed this 19th y of Decembeir, 1990
DAVID M. HINCHMAM
ATTEST:
Mayor of the City of Lodi
.
1 • `i)bVU/K
LICE W. REIMCHE
City Clerk of the City of Lodi by: Jennifer M. Perrin, Deputy City Clerk
State of Cal ifornia
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of 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 Counc 1 held December 19, 1990 by the f o I owing vote:
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Ayes : Council Members - Pinkerton, Pennino, Sieglock,
Snider and Hinchman (Mayor)
Noes : Council Mernbm - None
Absent: Council Members - None
Abstain : Council Members - None
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.
. ICE �M.R E I MCHE
City Clerk of the City of Lodi
by JENNIFER M. PERRIN
Deputy City Clerk
Approved a s to Form
BOBBY W. McNATT
City Attorney of the City of Lodi
ORD1502/TXTA.02J