HomeMy WebLinkAboutOrdinances - No. 1502ORDINANCE NO. 1502
AN ORDINANCE OF THE LODI CITY COUNCIL
ADDING CHAPTER 9.28 TO THE LODI MUNICIPAL CODE
RELATING TO GRAFFITI ABATEMENT
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BE IT ORDAINED 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 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 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 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 Works 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. No 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, SWIMMING POOL OR RECREATIONAL FACILITY.
No person shall have in his or her possession any pressurized
can(s) containing paint or dye while in any City-owned public park,
square, playground, swimning pool or recreational facility of the
City.
9.28.070 EXEMPTIONS.
The provisions of this chapter regulating the sale, furnishing or
possession of spray paint shall not apply to:
(a)
(b)
authorized employees of the City of Lodi;
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 in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
pr ed this 19th y of December, 1990 T&dL
ATTEST:
DAVID M. HINCHMAN
Mayor of the City of Lodi
City Clerk of the City of Lodi by: Jennifer M. Perrin, Deputy City Clerk
State of California
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 Council held December 19, 1990 by the following vote:
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Ayes :
Noes : Council Members - None
Absent: Council Members - None
Abstain : Council Members - None
Council Members - Pinkerton, Pennino, Sieglock,
Snider and Hinchman (Mayor)
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.
City Clerk of the City of Lodi
by JENNIFER M. PERRIN
Deputy City Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney of the City of Lodi
ORD1502/TXTA.O2J
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