Loading...
HomeMy WebLinkAbout07-10 - Amending Title 11; Regarding Graffiti Implements and Penalties•:1110-k94Z[i �1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 11 (OFFENSES — MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE REGARDING GRAFFITI IMPLEMENTS AND PENALTIES. WHEREAS, the City Council of the City of Costa Mesa finds that graffiti (also commonly referred to as "tagging") is a worsening problem in the City; WHEREAS, the City Council finds that there exists a proliferation of graffiti implements with which individuals can deface public and private property by writing, painting, and/or drawing on surfaces; WHEREAS, the City Council finds that the City's municipal code provisions prohibiting the furnishing of graffiti implements to minors must be expanded to include definitions for these graffiti implements; WHEREAS, the City Council finds that writing and painting supplies that can be used as graffiti implements are displayed unsecured in retail commercial establishments, and are readily accessible to the public, including minors; WHEREAS, the City Council finds that an increasing number of individuals committing graffiti offenses are arrested with graffiti implements that were obtained or stolen from retail commercial establishments where such supplies were unsecured; WHEREAS, the City Council finds that requiring businesses to ensuring that commonly used graffiti implements are secured such that they cannot be easily stolen will contribute to alleviating the graffiti problem in the City; WHEREAS, the City Council finds that the City of Costa Mesa has a substantial interest in mitigating graffiti offense recidivism, and that the City needs to have at its disposal all available remedies to successfully deter continuing graffiti offenses; WHEREAS, the City Council finds that mandatory community service will advance two of the City's purposes: eliminating existing graffiti, and deterring offenders from new offenses. WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11-141, Title 11, Chapter VII Y2 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 11-141. Definitions. For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (1) "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of being permanently affixed to public or private property in a manner that defaces the property. (2) "Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid. (3) "Felt tip marker" means any broad -tipped marker pen with a tip exceeding three-eighths of one inch (3/8") in width, or any similar implement containing an ink or other pigmented liquid that is not water soluble. (4) "Graffiti" means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any real or personal property. (5) "Graffiti implement" means an aerosol paint container, a felt tip marker or marking pen, gum label, a paint stick or paint pen, glass etching tool, glass cutters, etching creams, or other similar devices that are commonly used or are likely to be used to scar glass, metal, concrete or wood, or in a manner that defaces property. Graffiti implement may also include any other implement that the Costa Mesa Police Department has included on a current list of items that are commonly used or likely to be used to commit graffiti offenses. (6) "Gum label" means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable. (7) "Paint stick" or "graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one -sixteenth (1/16) of an inch in width. Section 2. Section 11-145, Title 11, Chapter VII '% of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 11-145. Furnishing to minors prohibited. (1) It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing. (2) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks, felt tip markers, marking pens, paint pens, glass cutters, glass etching tools, or etching creams, shall store or cause such supplies to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such supplies. "Not accessible to the public" means that such supplies must be (a) stored under lock and key, and only the store manager or his/her designee shall have access to the supplies, or (b) stored behind or under a store counter that is only accessible to authorized store personnel. It is the intent of this section to permit, but not to require, viewability of aerosol paint containers, paint sticks, felt tip markers, marking pens, paint pens, glass cutters, glass etching tools, etching creams, while they are stored or displayed pending retail sale. (3) Upon request of a Costa Mesa Police officer, any person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks, felt tip markers or, marking pens, paint pens, glass cutters, glass etching tools, or etching creams shall provide copies of any merchandise inventory that relates to graffiti implements. Section 3. Section 11-146, Title 11, Chapter VII Y: of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 11-146. Penalties for violations. (1) Criminal penalties. (a) Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City of Costa Mesa may be required, at the juvenile court's option, to perform community service within the City of Costa Mesa, including graffiti removal service of not less than six (6) hours. (b) Any violation of this chapter shall be a misdemeanor offense punishable by either six (6) months in jail, a one thousand dollar ($1,000) fine, or both such fine and imprisonment. (2) Additional penalties available. Any person convicted of violating Section 11- 142 or Section 11-145, shall, in addition to any fines and/orjail time, perform community service within the City of Costa Mesa, including graffiti removal service, of not less than 80 (eighty) hours for the first offense, not less than 160 (one hundred and sixty) for the second, and not less than 240 (two hundred and forty) for a third or subsequent offense. Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. 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 6. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published In the City of Costa Mesa or, in the attemative, 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 5 the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this 15' day of May, 2007. ATTEST: Juli olcik, City Clerk W/ / t /L-�- Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Flall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 07-10 and was duly introduced for first reading at a regular meeting of the City Council held on the 1� day of May, 2007, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 15'h day of May, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 16" day of May, 2007. C�440C. J LIE FOLCIK, CITY CLERK (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 07-10 duly passed and adopted by the Costa Mesa City Council at the regular meeting held May 15, 2007, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on May 9 and 23, 2007. ;Z � JULI OLCIK, CITY CLERK (SEAL)