HomeMy WebLinkAbout40 - NB-6 - Attachment 1 - 2/18/2014ORDINANCE NO. 14 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA ADDING SECTION 11-15 TO
CHAPTER 1 (GENERAL) OF TITLE 11 (OFFENSES —
MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL
CODE, RELATING TO REWARDS FOR INFORMATION
LEADING TO THE ARREST AND CONVICTION OF
PERSONS VANDALIZING CITY PROPERTY
WHEREAS, the city of Costa Mesa has the authority, under its police power, to
enact regulations for the public peace, morals, and welfare of the city, Cal. Const. art.
XI, § 7; and
WHEREAS, the City Council of the City of Costa Mesa finds that vandalism of
public property within the City is a serious problem that results in thousands of dollars in
damage; and
WHEREAS, the City Council finds that the City must pay for the cost to repair the
damage caused by vandalism when the person responsible is not arrested, convicted,
and ordered by the court to pay restitution to the City; and
WHEREAS, the City Council finds that members of the public play a crucial role
in assisting the Police Department to apprehend persons who violate the law; and
WHEREAS, the City Council finds that members of the public are more likely to
assist police in apprehending those who vandalize public property when they can
receive a reward for doing so; and
WHEREAS, Section 53069.5 of the California Government Code authorizes the
City of Costa Mesa to offer and pay a reward for information leading to the apprehension
of those who willfully damage or destroy public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1: Section 11-15 (Reward for information leading to arrest and conviction
of person committing vandalism) of Chapter I (General) of Title 11 (Offenses -
Miscellaneous) is hereby added as follows:
11-15. Reward for information leading to arrest and conviction of person
committing vandalism
(a) For purposes of this section, the following terms have the following definitions:
"City" means the City of Costa Mesa.
2. "Parent" or "guardian" means a parent with legal custody, guardian,
conservator, or relative caregiver of the minor. "Relative caregiver" means
a relative, as defined in Section 6550(i) of the California Family Code, who
assumed primary responsibility for the minor while the child was in the
relative's care and control, and who is not a biological or adoptive parent.
3. "Police chief' shall mean the chief of police for the Costa Mesa Police
Department, and shall include his or her designee.
4. "Public property" shall mean any real or personal property owned or under
the control of the City of Costa Mesa.
5. "Vandalism" shall mean the same as the definition in California Penal
Code Section 594.
(b) 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) for information leading to the
arrest and conviction of any person for violation of Penal Code Section 594
("Vandalism; Punishment") on public property, not to exceed one (1) reward of
two thousand dollars ($2,000.00) per violation. The exact amount of the award
shall be determined by the police chief with review and approval by the City CEO.
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 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. The police chief, with review and approval by the
City CEO, may award up to five hundred dollars ($500.00) to any person who
provides credible information regarding any vandalism violation of public property
in the city that leads to probable cause for the arrest of an individual.
(c) Claims for rewards under this section shall be filed, processed, and paid in
accordance with procedures established by the police chief.
(d) The person convicted of committing the vandalism offense shall be liable for any
rewards paid pursuant to this section and, if that person is an unemancipated
minor, the parent or guardian of the minor shall be jointly and severally liable for
any rewards paid pursuant to this section.
(e) This section shall not affect any other available remedy, at law or equity, to
enforce state or local laws relating to vandalism.
Section 2. 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.
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Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance 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
portions of this Ordinance. The City Council of the city of Costa Mesa hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
PASSED AND ADOPTED this day of , 2014.
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk of the city of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
I, BRENDA GREEN, Interim 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. 14-
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_was introduced and considered section by section at a regular meeting of said
City Council held on the day of _ 2014, and thereafter passed
and adopted as a whole at a regular meeting of said City Council held on the
day of , 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2014.
City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
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