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Home My WebLink AboutMINUTES - 05091995 - S.1 I� .�tS• ' C�1'� CJ r THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 9. 1995 by the following vote: AYES: SUPERVISORS ROGERS, SMITH, DESAULNIER, TORLAKSON and BISHOP NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: Graffiti Abatement The Board of Supervisors considered the recommendations presented by Supervisor Rogers relative to a proposed graffiti ordinance and graffiti abatement in selected redevelopment project areas (S. 1 and S.2 respectively) . The referenced documents are attached and included as part of this document. At the conclusion of the Board's discussion, it ORDERED that the entire matter is REFERRED to the Contra Costa County Youth Commission, the various Municipal Advisory Council and Project Area Committees, and the City County Relations Committee for review. It is further ORDERED that the County Administrator is REQUESTED to report to the Board on the issues of graffiti prevention, including the possible development of a graffiti prevention ordinance, " cooperation with other agencies in .graffiti removal, the use of persons doing community service in graffiti spotting and removal and the use of murals to prevent graffiti. cc: County Administrator CCC Youth Commission Municipal Advisory Councils (MACs) Redevelopment Project Area Committees (PACs) City County Relations Committee County Counsel District Attorney I hereby certify that this is a true and correct copy of Sheriff-Coroner an action taken and entcrcd on tho minutes of the County Probation Officer Board of Superyiso on tho da sh wn. ATTESTF Community Development Director L C EL Clerk of h oard Deputy Redevelopment Director cf cors n c Ad mistrator S.1 TO: " BOARD OF SUPERVISORS Contra n FROM: ' Costa SUPERVISOR JIM ROGERS �ac County :. . DATE: May 4 1995 SUBJECT: REQUEST THAT COUNTY COUNSEL PREPARE A GRAFFITI PREVENTION ORDINANCE FOR SUBSEQUENT CONSIDERATION BY THE BOARD OF SUPERVISORS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the County Counsel to prepare and return to the Board for further consideration a graffiti prevention ordinance based on that in effect in the City of Monrovia, California. 2 . ENCOURAGE each city in the County to adopt a similar ordinance, as the City of San Pablo has apparently already done. BACKGROUND: The City of Monrovia has in effect a graffiti prevention ordinance which does all of the following: ❑ Makes unlawful the sale to a minor of any broad tipped marker, as defined, unless the minor is accompanied by a parent or guardian. ❑ Makes it unlawful for a minor to possess a broad tipped marker in a public place or on private property without the consent of the owner unless accompanied by a responsible adult. ❑ Requires any person engaged in the retail sale of broad tipped markers to post a specified sign noting that graffiti vandalism is a crime and that it is unlawful to sell a broad tipped marker to a minor unless accompanied by a parent or guardian. ❑ Requires that any business offering for sale any aerosol or pressurized containers of paint and/or broad tipped markers to take certain specified precautions to secure those products . CONTINUED ON ATTACHMENT; X YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S): AC OF BOARD ON Ma)( 9 19 C)9 APPROVED AS RECOMMENDED OTHER X / VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THI TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTIO EN AYES: NOES: AND ENTERED ON THE MINUTES OF THE B ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Co Ct: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF c: County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR -2- ❑ Makes every parent or legal guardian having custody and control of a minor jointly and severally liable with that minor for any damage resulting from the application of any graffiti by that minor. ❑ Declares the existence of graffiti which can be seen from the public right of way a public nuisance. I believe that enacting such an ordinance for the unincorporated area of the County will assist in preventing graffiti, particularly if each city in the County joins with the Board of Supervisors by enacting similar ordinances within each city. 9 : 60 . 030--9 . 62 : 010 F. Takes flight upon the appearance of a police offi- cer; G. Tries to conceal himself •or herself or any object which reasonably could be involved in an -unl ful drug-. related activity; H. Is in an area that is known for nlawful drug use and trafficking; I. Is on or in premises that h e been reported to law enforcement as a. place suspected unlawful drug activity; J. Is in or within . six fe of. any vehicle registered to a known unlawful drug .use , possessor, or seller, or .a person for whom there is a outstanding warrant for a crime involving drug-related a ivity.. (Ord. 90-37 §1 (part) , 1990) 9 . 60 :030 Enfo ement . iEnforcement of this chapter shall . be ,pursuan to the policy statement dated February . 23 , 1990, as nded .November 15, 1990, issued by the .chief of police. a chief of police shall report semi-annually to the. cit council on :the enforcement of this chapter. (Ord. 90- 7 §1 (part) , 1990) Chapter 9 . 62 GRAFFITI- PREVENTION Sections : 9 . 62 .010 Definitions . 9 . 62 .020 Sale of broad tipped markers to minors . 9 . 62 .030 Possession by minors . 9 . 62 .040 Signs required. 9. 62 . 050 Storage requirements . 9 . 62 . 060. Parental responsibility: 9 . 62 .070 Graffiti declared a nuisance. 9 . 62 .010 Definitions . For purposes of this chapter: A. "Broad tipped marker" shall mean an indelible mark- er with a tip that exceeds four millimeters in width. B. "Graffiti" shall mean any unauthorized painting, marking, symbol, design, inscription or other defacement that is written, drawn, sprayed, painted, marked, etched, scratched, engraved with any paint, aerosol paint, indeli- ble marker, chalk, ink, dye or other substance capable of defacing property. C. "Indelible marker" shall mean any marker, pen or similar implement which contains a fluid which is not solu- ble in water and has a flat, pointed or angled writing surface. 260-15 (Monrovia 10/93 ) 9 . 62 . 020--9 . 62 . 060 D. "Responsible adult"- shall mean a parent. or guardian of an individual under eighteen years of age. A responsi- ble adult also includes an agent. of the parent of guardian, provided said agent is over the age of eighteen. (Ord. 93- 07 §1 (part) , 1993) 9 ..62 .020 Sale of broad tipped markers to minors . It shall be unlawful for any individual to sell, offer to sell or cause to be sold, any broad tipped marker to any person under the age of eighteen years who is not accompanied by a parent or guardian. -(Ord. 93-07 §1 (part) , 1993) 9 . 62 .030 Possession by ,minors. It is. unlawful for any individual under the age of eighteen years, who. is in a public place or upon private property, without the consent of the owner, tenant or operator thereof, and who isnot accompanied by a responsible .adult, to possess a broad tipped marker. (Ord. 93-.07 §1.(part) , 1993) 9 . 62 .040 Signs. .required. Any person engaged in the retail sale of broad tipped markers must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows : "Graf- fiti vandalism is a crime and. blight on our community. Any person who maliciously defaces real or personal property with paint, dye or ink is guilty of vandalism which is punishable by a fine, imprisonment, or both. It is unlaw- ful to sell a broad tipped marker to any person under the age of eighteen years .who is not accompanied by a parent or guardian. " The letters shall be at least three-eighths of an inch in height . (Ord. 93-07 §1 (part) , 1993) 9 . 62 . 050 Storage requirements. Any business or establishment offering for sale to the public any aerosol or pressurized containers of paint and/or broad tipped markers shall keep, store and maintain such aerosol spray paint cans or pressurized containers and broad tipped mark- ers in a place that is .either: locked and secured; or within fifteen feet of the cash register/clerk's counter and in direct unobstructed view of the clerk while standing at the cash register; or otherwise inaccessible to the pub- lic without employee assistance. (Ord. 93-07 §1 (part) , 1993) 9 . 62 .060 Parental responsibility. Pursuant to Section 1714 .1 (b) of the California Civil Code, every parent or , legal guardian having custody or control of a minor who defaces property by applying graffiti shall be jointly and severally liable with such minor for any damage resulting from the application of the graffiti in an amount not to exceed ten thousand dollars . Such damages may include (Monrovia 10/93) 260-16 9 .162 . 070 restitution to the property owner. (Ord. 93-07 §1 (part) , 1993) 9 . 62 . 070 Graffiti declared a nuisance. The existence of graffiti that may be seen from the public right of way is expressly declared to be a public nuisance. (Ord. 93-07 §1 (part) 1993) 260-17 (Monrovia 10/93 )