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HomeMy WebLinkAbout00-07 Rewards for Graffiti OffensesORDINANCE NO. 00-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VII 'h OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE REGARDING REWARDS FOR GRAFFITI OFFENSES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11-147, Chapter VII Y2 of Title 11 of the Costa Mesa Municipal Code,is hereby amended to read as follows: a. Section 11-147 is amended as follows: "Sec. 11-147. Reward provisions. (1) Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a reward of up to two thousand dollars ($2,000.00), the amount of the award to be determined by the Police Chief, for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 or Section 11-142 of this Code, the use of graffiti, not to exceed one reward of two thousand dollars ($2,000.00) per violation. In the event of multiple contributors of information for a single violation, the reward amount shall be divided by the city in the manner deemed appropriate by the city Police Chief. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (2) Claims for rewards under this section shall be filed, processed, and paid in accordance with procedures established by the Police Chief. (3) The person convicted of committing the graffiti offense shall be liable for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the custodial parent of said minor shall be liable for any rewards paid pursuant to this section. SECTION 2 Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. SECTION 3 Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed .and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 5th day of June, 2000.. ATTEST: n U%4.. (,_� Mayor of th City of Costa Mesa 7— Deputy Deputy City lerk of the City of Costa Mesa APPROVED AS TO FORM CITY AfTORNE Yi a �-- K STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 00-7 introduced and considered section by section at a regular meeting of the City Council held on the 15th day of May, 2000, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 5th day of June, 2000, by the following roll call vote: AYES: Monahan, Cowan, Erickson, Somers, Dixon NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of June, 2000. 1. Deputy"Coun erk and ex -officio Clerk of the City of the City of Costa Mesa 3