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HomeMy Public PortalAboutOrdinance 91002/07/07 ORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.62 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "GRAFFITI IMPLEMENT SALES LICENSE" AND ADDING CHAPTER 934 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "GRAFFITI AND RELATED VANDALISM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Chapter 5.62, entitled "Graffiti Implement Sales License", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Chapter 9.34, entitled "Graffiti and Related Vandalism", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "B", which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of February, 2007, by the following roll call vote: AYES: Mayor Fox, Mayor Pro Tem DeForge, Council Members Dressel & Killough NOES: Council Member Berg ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of February, 2007, upon second reading by the following roll call vote: AYES: Mayor Pro Tem DeForge, Council Members Dressel, and Killough NOES: Council Member Berg ABSTAIN: None ABSENT: Mayor Fox CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 910 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 6, 2007, and was duly adopted upon a second reading on February 20, 2007, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Deputy City Clerk 2 EXIIIBIT "A" CHAPTER 5.62 GRAFFITI IMPLEMENT SALES LICENSE Sections: Section 5.62.010 License Required Section 5.62.010 License Required Beginning on July 1, 2007, it shall be unlawful for any person to sell, offer for sale, display for sale, or otherwise make available for sale within the City of Beaumont, any graffiti implement, as that device is defined in Chapter 9.34 of the Beaumont Municipal Code, unless that person then holds a valid annual Graffiti Implement Sales License issued pursuant to Chapter 9.34. 1 EXHIBIT "B" CHAPTER 934 GRAFFITI AND RELATED VANDALISM Sections: Section 9.34.010 Purpose and Intent Section 9.34.020 Definitions Section 9.34.030 Prohibition of Graffiti and Related Vandalism Section 9.34.040 Possession of Graffiti Implements, Paraphernalia or Spray Actuator Section 9.34.050 Prohibition of Furnishing of Graffiti Implements or Paraphernalia to a Minor Section 9.34.060 Commercial Display Section 9.34.070 Penalties for Violation Section 9.34.080 Severability Section 9.34.090 Ordinance Shall Work in Conjunction with State Statutes and Local Ordinances Section 9.34.100 Reward for Information Section 9.34.110 Graffiti Implement Sales License Section 9.34.120 Effective Date Section 9.34.010 Purpose and Intent It is the purpose and intent of this Ordinance to prevent graffiti and to promote its eradication and to prevent related vandalism, as they adversely affect property (both public and private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces which contain graffiti or are subject to graffiti related vandalism. It is the further intent of this Ordinance to fight against blight, to preserve the value of property (both public and private) and to promote the security of the community, all of which are now being threatened by the spread of graffiti and graffiti related vandalism. Section 9.34.020 Definitions A. "Graffiti and Related Vandalism." Any unauthorized inscription, word, figure, mark, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, scratched, marked, painted, stained, stuck on or adhered to any real or personal property surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls. windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or any other structures or surfaces, regardless of the nature of the material of which the surface is composed. 1 B. "Aerosol Paint Container." Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel, spray, eject and/or propel any such substance. C. "Felt Tip Markers." Any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which can not be easily and completely removed with water after said substance has dried; where the width of the marking is 3/8 (three-eighths) of 1 (one) inch or greater. D. "Paint Stick." Any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance that is not water soluble which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark measuring at least 3/8 (three -eights) of 1 (one) inch at any point - otherwise described as graffiti or related vandalism (as described above in Section 9.34.020.A), visible from a distance of 20 (twenty) feet. Provided, however, that this definition of "paint stick" shall be limited to devices which create such a mark that is indelible or permanent in nature (and cannot therefore easily and completely be removed with water after the mark has dried). E. "Etchers." Any tool, device, and/or other mechanism including, but not limited to, any tool, device, and/or other mechanism commonly known as "glass etchers", "glass cutters", "metal etchers", "cutting instrument", "drill bits" or any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, metal, plastic, concrete or any other surface which can cause any markings commonly known as graffiti or related vandalism (as defined above in Section 9.34.020.A). F. "Gum Label." Any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which can not be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labels. G. "Graffiti Implements or Paraphernalia." Any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels, paint ballons, stamps or stamping devices; also including, but not limited to, spray actuators, tips (or nozzles) which can be applied to aerosol paint containers; any records of graffiti or related vandalism including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms of graffiti or related vandalism (as described above in section 9.34.020.A). H. "Supplier." Any person(s) or entity such as, but not limited to, any business, company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor, retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements. 2 I. "Paint Balloon." Any canister, can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material which contains any substance commonly known as paint, stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private, upon impact or contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges trestles, buildings and/or any other structures or surfaces regardless of the material of the component. J. "Stamp or Stamping Device." Any tool, device or implement which can cause upon impact or contact any mark (described above as graffiti or related vandalism in Section 9.34.020.A) by means of ink, paint, stain or any other substance or material including, but not limited to, any device commonly known as a rubber stamp or similar device (whether manufactured, hand made or devised) which cannot be easily removed with water, for the purpose of defacing property, public or private. K. "Spray Actuator." Any object capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. Common examples of a spray actuator include, but are not limited to, terms such as "spray tip", "nozzle" or "button". L. "Pressurized Container." Any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps or similar propulsion devices. M. "Graffiti Implements." Aerosol paint containers, felt tip markers, paint sticks, etchers, gum labels, paint balloons, stamp or stamping devices, tips that can be attached to an aerosol paint container, nozzles that can be attached to an aerosol paint container, or spray actuators as defined in this ordinance Section 9.34.030 Prohibition of Graffiti and Related Vandalism A. It is unlawful for any person or group of persons to commit any overt act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism (as set forth above in Sec. 9.34.020.A) including, but not limited to, any of the following acts: 1. Any act such as drawing, scribing, etching, scratching, marking, painting, staining, sticking on or adhering to any real or personal property surface, public or private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces. 2. Any act of participation in applying graffiti such as, but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism, including, but not limited to, acting as a "look -out", regardless of the fact the "act" was not actually witnessed. 3 3. Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he or she has control as owner, tenant or possessor and who thereafter fails to promptly report such acts to the proper authorities is guilty of being a principal to the crime. Exception: Any mural or work of art approved by the City through a design review or planning process and requiring proper permits prior to commencement of any work, shall not constitute graffiti. B. It is unlawful for any person, business, company, or other entity which owns or otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on, or to take place on, any such structure or property where the graffiti and/or results of the vandalism are visible from any public right of way. C. Graffiti and/or graffiti related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right of way shall be deemed to be a public nuisance and shall be subject to abatement as provided for in Beaumont Municipal Code, Chapter 8.32. Section 9.34.040 Possession of Graffiti Implements, Paraphernalia or Spray Actuator A. It is unlawful for any person under the age of 18 years to possess any graffiti implement, paraphernalia or spray actuator with the intent of applying graffiti markings or engaging in related vandalism. Exceptions: 1. Any minor enrolled in any education class which requires otherwise legal possession of any graffiti implement, paraphernalia or spray actuator provided the minor is carrying written verification of any such requirements including color(s), size(s), and quantity, and written consent from his or her parent or lawfully designated custodian - dated and signed. 2. Any minor whose employment requires possession of any graffiti implement, paraphernalia or spray actuator provided minor is carrying written verification of any such job requirements including color(s), size(s), quantity, job information and purpose, and written consent from the employer - dated and signed. B. It is unlawful for any unauthorized person to possess any graffiti implement, paraphernalia or spray actuator while in, on, at or about any public property, including, but not limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school district facilities, libraries, court houses, utility stations, storm drains or any other publicly owned, operated and/or maintained facility. 4 Section 9.34.050 Prohibition of Furnishing of Graffiti Implements or Paraphernalia to a Minor It is unlawful for any person, firm or corporation, other than the parent or lawfully designated custodian of the minor, to sell, loan, give, exchange or otherwise furnish any aerosol paint containers, paint sticks or etchers to any person under the age of 18 years without the advanced written consent (in possession) from the parent or lawfully designated custodian of said minor. Section 9.34.060 Commercial Display A. It is unlawful for any supplier to display any graffiti implement, paraphernalia or spray actuator including any such tool, device, material or substance including, but not limited to, aerosol paint containers, felt-tip markers, paint sticks and/or etchers, in such a way as to be accessible by anyone who is not an employee or other authorized personnel pending lawful distribution of said implement or product. In the absence of constant supervision or surveillance by responsible personnel, said graffiti implement, paraphernalia or spray actuator shall be kept in a locked area not accessible to members of the public but may be displayed in plain view of potential retail customers. B. It is unlawful for any supplier to store, stock or display any graffiti implement, paraphernalia or spray actuator in such a way as to be handled (or be removable) by anyone who is not an employee or authorized personnel for purposes of demonstration, advertising or other display. In the absence of constant supervision or surveillance by responsible personnel, said graffiti implement, paraphernalia or spray actuator shall be kept in a locked area not accessible to members of the public but may be displayed in plain view of potential retail customers. C. It is unlawful for any supplier to display any graffiti implement, paraphernalia or spray actuator outdoors in a nonpermanent structure or facility; unless displayed in an area under constant supervision or surveillance by responsible personnel or in a lock-up device, i.e., a locked metal, glass or other similar cage or case, securely fastened to the ground so as not to be able to be caused to slide, roll, be lifted or otherwise moved more than 2 (two) inches in any direction. All lock-up devices shall maintain a minimum size as follows: height of 36" (thirty-six inches), width (or length) of 72" (seventy-two inches), depth of 18" (eighteen inches), or greater, with no more than 1 (one) opening side. D. All suppliers doing business in the City of Beaumont shall display one or more signs stating substantially the following: Must Be 18 Years Of Age To Purchase. Must Have Valid I.D. To Purchase. Any Person Who Maliciously Defaces Real Or Personal Property With Graffiti Or By Related Vandalism Is Guilty Of A Misdemeanor Punishable By Fine, Imprisonment, Or Both, And May Also Be Held Responsible For Payment Of Restitution To The Victim. All signs must be at least 10" (ten inches) by 16" (sixteen inches), with letter size of at least 1" (one inch), and posted in a conspicuous place within 3' (three feet) of said implement or product. 5 E. It shall be the joint and individual responsibility of the supplier, vendor, property owner, property manager, store manager and/or district manager or corporate officer to comply with any and all applicable sections of this Ordinance. Section 9.34.070 Penalties for Violation A. A violation of this Ordinance is a misdemeanor or an infraction as hereinafter specified. 1. A violation when charged as a misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000) or up to six months in the County Jail, or both and/or community service to abate graffiti. For the purpose of community service, where the defendant is a minor, one parent or guardian shall accompany the minor in the performance of said service unless excused by the court upon a showing of good cause. Payment of any fine or completion of a jail term shall not relieve a person from the responsibility of correcting the violation. 2. A violation for a first time offense only, may be charged as an infraction and shall be punishable by a fine not exceeding one hundred dollars ($100). Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation and the court may, in addition to any fine imposed or in lieu of imposing a fine, order the party to perform community service to abate graffiti. For the purpose of community service, where the defendant is a minor, one parent or guardian shall accompany the minor in the performance of said service unless excused by the court upon a showing of good cause. B. As a part of any sentence imposed, the court may also order that restitution be paid to the victim by the admitted or convicted perpetrator and, in the case of a perpetrator who is a minor, by the minor's parent or lawfully designated guardian or custodian. C. Upon conviction, the perpetrator and/or parent or lawfully designated guardian or custodian may be required to enroll in and attend a diversionary program - possibly requiring liability waivers and/or payment towards all or a portion of the cost of the program, as such costs shall have been established by the Board of Supervisors of the County of Riverside. Section 9.34.080 Severability If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. 6 Section 9.34.090 Ordinance Shall Work in Conjunction With State Statutes and Local Ordinances This Ordinance shall be interpreted so as to work with and in conjunction with (when and where applicable) any and all state and/or local ordinances relating to the control of graffiti and/or related vandalism, including, but not limited to, Sections 594, 594.1, 594.2, 594.3, 594.5, 594.6, 594.7, 594.8, 640.5, 640.6, 640.7, 640.8 of the California Penal Code; Section 1714.1 of the California Civil Code; Section 53069.3 of the California Government Code; and Beaumont Municipal Code, Section 8.32. Section 9.34.100 Reward for Information The City Council determines that rewards for any information leading to the identification, apprehension and conviction of any person who has placed graffiti upon any public or private property within the City of Beaumont shall be in a range from one hundred dollars ($100) to one thousand dollars ($1,000), to be specifically determined by the City Manager or that person's designee, and the Chief of Police, or that person's designee, based on the severity of the crime. The identity of those seeking rewards shall be considered confidential and shall not be released to members of the public. The City Council reserves the right to require that the convicted offender reimburse the City for any reward paid, and place the responsibility for such reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted. Section 9.34.110 Graffiti Implement Sales License A. Beginning on July 1, 2007, it shall be unlawful for any person to sell, offer for sale, display for sale, or otherwise make available for sale within the City of Beaumont any graffiti implement unless that person then holds a valid annual Graffiti Implement Sales License. A valid annual Graffiti Implement Sales License will hereinafter be referred to as a "GIS License." B. Each GIS License shall cover an annual period that extends from the beginning of the day on July 1 until the end of the day on June 30 of the following year. A GIS License shall be obtained in advance (in the manner specified by this Ordinance) by any person who intends to sell any graffiti implement during a particular annual period (or during any part of that annual period). C. The issuing department for GIS Licenses will be the Office of Code Enforcement for the City of Beaumont. Upon the submission to Code Enforcement of a properly filled -out application for a GIS License (and the payment of the annual regulatory fee for a GIS License), the City shall issue a GIS License to the applicant. In order to obtain the issuance of a GIS License for a particular annual period, the applicant shall submit its application and pay its fee no earlier than the April 1 date (that is three months prior to the commencement of the annual period for which the GIS License is being requested) and no later than June 29 (of the annual period for which the GIS License is being requested). If a GIS License is issued after July 1 of the annual period for which the license is issued, it shall not have the retroactive effect of legalizing any unlawful act or omission (regarding graffiti implements) that may have occurred between July 1 and the date of license issuance. 7 D. The annual regulatory fees for GIS Licenses shall be used to fund the following activities and operations of the City: they shall be used to fund efforts to identify and compile a list of those individuals and companies that are selling or otherwise furnishing graffiti implements or paraphernalia (within the meaning of Sections 9.34.050 and 9.34.060 of this Ordinance); they shall be used to fund efforts to compile a list of the stores and other locations from which graffiti implements or paraphernalia are being sold or otherwise furnished (within the meaning of Sections 9.34.050 and 9.34.060 of this Ordinance); they shall be used to fund the monitoring of such sellers or furnishers in order to confirm that they are not selling or furnishing graffiti implements or paraphernalia to minors (without receiving the prior written consent of the parents or lawful custodians of those minors) within the meaning of Section 9.34.050 of this Ordinance; they shall be used to fund the monitoring of such sellers or furnishers in order to confirm that they are storing. stocking, and displaying their stock of graffiti implements and paraphernalia in a manner that is inaccessible (within the meaning of Sections 9.34.060.A, B and C of this Ordinance); they shall be used to fund the monitoring of such sellers or furnishers in order to confirm that they are properly displaying the sign that is required by Section 9.34.060.D of this Ordinance; and they shall be used to fund the costs of administering the City's GIS License program. E. By March 31, 2007, and by March 31 of each succeeding year, the Office of Code Enforcement for the City shall cause to be estimated (for the annual period beginning approximately three months later) the sum total of funds that will be necessary to fund the regulatory activities and operations described above in Section 9.34.110.D, and it shall cause to be estimated (for the annual period beginning approximately three months later) the sum total of separate locations from which graffiti implements or paraphernalia will be sold, offered for sale, displayed for sale, or otherwise made available for sale. Under no circumstances shall the annual regulatory fee per location (for a GIS License) exceed a dollar amount that is equal to the number obtained by dividing the sum total of such estimated separate locations into the sum total of such estimated funds. If a person sells graffiti implements or paraphernalia, offers them for sale, displays them for sale, or otherwise makes them available for sale out of more than one separate location during a particular annual period, that person must submit an application for each and everyone of those separate locations, and that person must pay the annual regulatory fee for each and every one of those separate locations. F. A violation of Section 9.34.110 of this Ordinance is enforceable in the following manner: 1. A violation of Section 9.34.110 of this Ordinance may be charged as either an infraction or a misdemeanor. If charged as an infraction, such a violation is punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for each additional violation within one year. If charged as a misdemeanor, a violation of Section 9.34.110 of this Ordinance is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment. Payment of any fine or completion of any jail term shall not relieve a person from the responsibility of correcting the violation. 8 2. A violation of Section 9.34.110 of this Ordinance shall constitute a public nuisance. 3. A violation of Section 9.34.110 of this Ordinance may be enforced through a civil action to recover the annual regulatory fee for a GIS License, for damages, for injunctive relief, or for any other civil remedy whatsoever. 4. All criminal, administrative, civil, and other remedies mentioned in Section 9.34.110 of this Ordinance shall be cumulative and not exclusive. 5. Violations of Sections 9.34.030, 9.34.040, 9.34.050 or 9.34.060 of this Ordinance shall be govemed by Section 9.34.070 of this Ordinance. Section 9.34.120 Effective Date This Ordinance shall be effective 60 days after the date of adoption. 9 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 137 Notice of City of Beaumont - City Council Ordinance No. 910 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 03/02 all in the year 2007 I certify (or declare) under penalty of per - the foregoing is true and correct. This space for County Clerk's Filing Stamp signature Date 03/02/07