HomeMy WebLinkAboutOrd 1094-1991ORDINANCE NO. 1094-91
AN ORDINANCE REPEALING CHAPTER 6.88 ENTITLED
"SALE OF AEROSOL PAINT TO MINORS" AND ADDING
CHAPTER 10.48 ENTITLED "GRAFFITI" TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.88 Repealed
Chapter 6.88 entitled "Sale of Aerosol Paint to Minors" is hereby
repealed.
SECTION 2. Chapter 10.48 Added
Chapter 10.48 is hereby added to the South San Francisco Municipal Code
and shall read as follows:
"Chapter 10.48
GRAFFITI
10.48.010 Purpose
The purpose of this chapter is to provide regulations designed to prevent
and control the spread of graffiti in the city and to provide a program for
removal of graffiti from walls and structures on both public and private
property in a timely manner. The city council adopts this chapter pursuant to
Government Code Section 53069.3, which authorizes cities to use public funds
to remove graffiti from public and private property.
10.48.020 Graffiti Declared a Public Nuisance
Graffiti on public or private property is a blighting factor which both
depreciates the value of the property which has been the target of such
vandalism, and also depreciates the value of the adjacent and surrounding
properties, and in so doing, has a negative impact upon the entire community.
Further, the existence of graffiti tends to encourage other acts of
malicious vandalism and may breed community discontentment and other forms of
criminal activity. The council finds and determines the graffiti is obnoxious
and a public nuisance and unless it is removed expeditiously from public and
private property, it tends to remain. Other properties then become the target
of graffiti with the result that entire neighborhoods are affected and the
entire community depreciates in value and becomes a less desirable place to
be.
T T~
10.48.030 Definitions
(a) Graffiti
"Graffiti" means the unauthorized application of paint, ink, chalk, dye,
or any other substance on public and private buildings, structures, and
places, written or drawn, so as to be seen by the public.
(b) Obnoxious Graffiti
Graffiti having any of the following characteristics shall be deemed
obnoxious:
(1) Insult to or incitement of hatred of or contempt for any
racial, religious or ethnic group;
(2) Inclusion of or reference to the name of any gang, or words or
symbols associated with a gang or gangs;
(3) Insult or threat to any identifiable individual or group;
(4) Obscene or indecent language or pictures;
(5) Any graffiti which is an eyesore to the neighborhood or which
tends to attract more graffiti.
10.48.040 Graffiti - Prohibited
(a) It is unlawful for any person to apply graffiti on any public or
privately owned permanent structures located on public or privately owned real
property within the city.
(b) It is unlawful for the owner or manager or person in control of a
lot or parcel to (1) permit obnoxious graffiti to remain upon such lot or
parcel of land or (2) maintain any structure affixed to such lot or parcel of
land with obnoxious graffiti on such structure for a period in excess of those
prescribed in this chapter.
10.48.050 Aerosol Paint
{a) Sale to minors unlawful
It is unlawful for any person to sell or give to any individual under the
age of eighteen years, who is not accompanied by a responsible adult, any
aerosol container of paint or other liquid substance capable of being used to
deface property.
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(b) Signs required
Any person engaged in the retail sale of aerosol containers of paint and
other liquid substances capable of being used to deface property must display
at the location of retail sale a legible sign clearly visible to employees and
customers which states:
It is unlawful for any person to sell or give to any individual
under the age of eighteen years, who is not accompanied by a
responsible adult, any aerosol container of paint or other
liquid substance capable of being used to deface property.
(c) Possession by minors prohibited
It is unlawful for any individual under the age of eighteen years, who is
in a public place or upon private property without consent of the owner or
tenant thereof and who is not accompanied by a responsible adult, to possess
an aerosol container of paint or other liquid substance capable of being used
to deface property.
10.48.060 Removal of Graffiti
(a) Whenever graffiti or other inscribed material is so located on
public or privately owned permanent structures, or on public or privately
owned real property within the city which either is visible from any public
right-of-way or from a property adjacent to the property on which the graffiti
is located, chief of police or designee is authorized to provide for the
removal of the graffiti in accordance with state law and established city
procedures.
(b) Graffiti found on property owned by a public entity other than the
city may be removed after securing consent and a release and waiver from the
public agency having jurisdiction over the structure or real property on which
the graffiti is located. The removal will be at no cost to the public entity.
(c) Graffiti found on property that is privately owned may be removed
after securing the consent of the owner or manager or person in control and
the execution of a release and waiver form. The removal of graffiti shall be
at no cost to the private owner of real property if a consent and waiver is
properly executed.
10.48.070 Failure to Provide Consent for Graffiti Removal
In the event the owner or manager or person in control of a property
where graffiti has been found fails to provide consent for the city to enter
upon the property for the purpose of removing graffiti in accordance with this
chapter, the property owner or manager or person in control shall remove the
graffiti at private expense within ten days of receipt of notification by city
of the obligation to do so.
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10.48.080 Graffiti Abatement Process
Failure of the property owner or manager or person in control to remove
graffiti within the ten day period shall constitute a public nuisance and upon
discovery of such public nuisance, the city shall notify the owner or manager
or person in control that the nuisance shall be abated by the city at private
expense. All other aspects of the nuisance abatement process, including
assessment of costs, shall be carried out in conformance with Chapter 8.24 of
this code.
10.48.090 Penalty for Violation
(a) Any person found guilty of applying graffiti in violation of Section
10.48.040(a) shall reimburse the city or the property owner for any and all
costs the city or property owner may incur in removing graffiti under the
provisions of this chapter. Such reimbursement shall be in addition to any
other penalties imposed by the court pursuant to Penal Code Section 594 et
seq. If the violator is a minor, the parent or guardian shall be responsible
for such reimbursement.
(b) Any owner, or manager, or person in control of any structure or real
property, who permits or maintains any graffiti in violation of this chapter,
is guilty of an infraction.
(c) Any person who removes any notice or order posted as required by
this chapter, for the purpose of interfering with the enforcement of the
provisions of this chapter, is guilty of an infraction.
(d) Any person who obstructs, impedes, or interferes with any
representative of the city or with any owner or manager or person in control
of private property when any of the aforementioned individuals are lawfully
engaged in proceedings involving the abatement of graffiti under this chapter
is guilty of an infraction.
(e) Any person who fails to comply with an order of abatement or who
violates any other provision of this chapter is guilty of an infraction.
(f) Infractions are punishable as provided in Chapter 1.24 of this code.
10.48.100 Remedies Cumulative
Nothing in the foregoing sections shall be deemed to prevent the city
attorney from commencing a civil or criminal proceeding to abate a public
nuisance under applicable civil or penal code provisions. The remedies
provided for herein shall be cumulative and not exclusive."
SECTION 3. Severability
In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable
and all other sections or portions hereof shall remain in full force and
effect.
SECTION 4. Publication and Effective Date
This ordinance shall be published once, with the names of those city
council members voting for or against it, in the Enterprise-Journal, a
newspaper of general circulation in the City of South San Francisco, as
required by law, and shall become effective thirty (30) days after its
adoption.
Introduced at a regular meeting of the City Council of the
City of South San Francisco, held the 23rd day of January , 1991.
Adopted as an Ordinance of the City of South San Francisco at a
reqular meeting of the City Council of the City of South San Francisco,
held the 13th day of February , 1991, by the following vote:
AYES: Councilmembers Richard A. Haffey, Gus Nicolopulos, John R.
Penna, and Mayor Jack Drago
NOES: None
ABSTAIN: None
ABSENT: Councilwoman Roberta Cerri Teglia
ATTEST: ~erk~~
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 13th
day of February
, 1991.
EXHIBIT TO ORDINANCE NO. 1094-91
CITY OF SOUTN SAN FRANCISCO
GRAFFITI REMOVAL PROGRAM
NOTICE TO PROPERTY OWNER/MANAGER/PERSON IN CONTROL
Pursuant to South San Francisco Municipal Code Chapter 10.48, you were
notified that the Chief of Police or his designee found graffiti on your
property and requested that you provide the City with a Consent to Enter and
Release of Liability to allow the City to remove said graffiti.
As a result of your failure to provide such Consent to Enter and Release of
Liability, you are required to remove the graffiti found on your property
within ten (10) days of the date of this notice. Such removal shall be at
your sole expense, and the City shall not be deen~d responsible for
reimbursement of any expenses you may incur in the removal of graffiti.
Your failure to remove the graffiti within the mandatory ten (10) day period
will result in the commencement of a summary abatement process, which could
result in removal of the graffiti by the City, with all costs of the abatement
charged to you through an assessment against your property.
Police Chief or His Date
Designee
~HIBIT TO ORDINANCE NO. 1094-9]~'
CITY OF SOUTH SAN FRANCISCO
GRAFFITI REMOVAL PROGRAM
CONSENT TO ENTER AND RELEASE OF LIABILITY
I, undersigned, as owner, manager or person in control of the property located
at , in South San Francisco, do hereby grant
consent to entry upon the above described property by personnel and equipment
of the City of South San Francisco, their agents and employees (hereinafter
separately and collectively referred to as the "City"), for the purpose of
removing, reducing, or obliterating graffiti on the property by painting or
use of solvents, as deemed necessary or desirable by the City. I further
understand that in accordance with the City's graffiti abatement program, the
City may utilize the services of private contractors, volunteers, or youth of
the community to remove graffiti, and that these individuals will be deemed
agents of the City for purposes of this program. In any case where persons
under eighteen (18) years of age perform graffiti removal, adult supervision
will be provided.
I, undersigned, do hereby release, discharge, hold harmless, and agree to
defend the City from all claims, judgments, demands, or actions of every kind
and nature whatever, which, under any theory, may arise as a result of the
performance of the graffiti removal services on the property.
I understand that:
1. The City shall, without cost or expense to owner, manager or person
in control, remove graffiti from the above identified property.
2. The City shall perform such removal only at reasonable times and in a
manner which minimizes interference with owner's/occupant's quiet use and
enjoyment of the property. The City shall make every effort to give owner,
manager or person in control notice of the time of actual removal.
3. The removal shall be performed as determined by the City, and may be
in blocks, patches or strips where the graffiti appears.
4. It is recognized by owner, manager or person in control that the
removal of graffiti from structures may have a permanent effect on the
appearance of the structures; and that it is not practicable to restore the
original finish and appearance of surfaces from which graffiti is removed. It
is expressly agreed that the City makes no warranties, either expressed or
implied, concerning the removal of the graffiti and the condition of structure
surfaces thereafter. Moreover, in consideration of the obligations of the
City hereunder, owner, manager or person in control hereby fully releases and
discharges the City from any claim, action of liability for any loss, caused
by the City in conjunction with graffiti removal.
5. The City shall provide a limited number of colors from which a
selection can be made and the colors may vary significantly from the color of
the surface to be treated. It is further understood that owner, manager or
person in control has the option to supply the paint to be used to help ensure
a closer match of color that currently exists on the surface to be treated.
The City assumes no responsibility if colors do not precisely match. Some
residue of the existing graffiti may remain.
It is further understood and agreed that the City in no way obligates itself
to do any work, or to use its equipment or other resources to any greater
extent then determined necessary by the Chief of Police or his designee.
Print Name of Owner, Manager, or Person
In Control
Telephone
Signature Date