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HomeMy WebLinkAbout1994-09-27 - AGENDA REPORTS - POSSESSION GRAFFITI IMPLEMENTSNEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approval Item to be presented by September 27, 1994 ORDINANCE 94-12: POSSESSION OF GRAFFITI IMPLEMENTS BY MINORS Public Works This ordinance has been developed and placed on the agenda at the request of the Los Angeles County Sheriffs Career Offender Burglary Robbery Apprehension (COBRA) Division. During the previous three years the City, its Pride Committee Graffiti Abatement Volunteers, and the COBRA Division have developed a symbiotic relationship which has resulted in a forty percent (40 %) decrease in the number of reported graffiti related incidents in the Santa Clarita Valley. The overall reduction of graffiti is continually accomplished through the outstanding efforts of our Pride Committee volunteers, the diligent work of our COBRA Team, and the numerous pro -active measures which have been implemented through Council direction. At present, Los Angeles County Ordinance 93-0072 provides our Sheriffs with the ability to arrest any person under the age of 18 years who is believed to have committed a graffiti related misdemeanor, Under this same ordinance, it is unlawful and considered a misdemeanor for any person under the age of 18 years to possess materials deemed to be "Graffiti Implements" Pursuant to the provisions of Los Angeles County Ordinance 93-0072, the term "graffiti implements" means any device which can be used for the purpose of defacing property. These devices include: aerosol paint containers, felt tip markers, paint sticks, or etching tools capable of marking or scarring glass, metal, concrete, wood, or other similar types of surfaces. Since the adoption of this County Ordinance, the City's COBRA Division has observed the growing use of a new type of graffiti implement, one which was not anticipated by the County when Ordinance 93-0072 was developed. The possession of these new implements, "spray paint tips", by individuals responsible for graffiti vandalism is viewed as a growing concern by the COBRA Team. It is COBRA's observation that the possession of several different sized spray paint tips have become the "tools of the trade" for graffiti vandals who utilize aerosol paint containers to inscribe graffiti messages. However, pursuant to the existing County Municipal Code, spray paint tips have not been included among the materials recognized as graffiti implements, and officers are therefore unable to initiate an arrest based upon possession of such materials by a minor. pc�d b end ✓tRac ©,Z,t: ,, 141 aq Ordinance 94-12 September 27, 1994 Page 2 In response to this staff, working in conjunction with the COBRA Team, has developed Ordinance 94-12. As written, this proposed ordinance makes it unlawful for any person under the age of 18 years, while upon public property, or upon private property without the prior written consent of such property owner, to possess any graffiti implement for the purpose of defacing property. Furthermore, Ordinance 94-12 goes one step further and specifically recognizes spray paint tips as a type of graffiti implement used for the purpose of defacing property. As written, this proposed amendment to the City's Municipal Code will expand upon the materials currently defined as graffiti implements to include spray paint tips. Staff feels it is important to note that if/when the provisions of this ordinance are utilized, it will be solely incumbent upon the Sheriffs Department to provide compelling evidence to support this position before a court of law, RECOMMENDATION That Council conduct first reading of Ordinance 94-12, and pass to second reading on October 11, 1994. ATTACHMENT Ordinance 94-12 ORDINANCE NO. 94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 11.68.010 AND ADDING SECTION 11.68.051 TO THE MUNICIPAL CODE RELATING TO GRAFFITI THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11.68.010 of the Santa Clarita Municipal Code is hereby amended to read as follows: 11.68.010. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: A. "Graffiti or other inscribed materials" means any unauthorized inscription, word, figure, or design as marked, etched, scratched, drawn, or painted on any structural component of any building, structure and places, including but not limited to any building, wall curb, sidewalk, sign, post, lamppost, hydrant, bridge, vehicle, tree or other facility regardless of the nature of the materials of that structural component. (Ord. 91-51, 1/14/92). B. "Aerosol Paint Container" means any aerosol container regardless of the material from which it is made, which it is adapted or made for the purpose of spraying paint or any other substance capable of defacing property. C. "Felt Tip Marker" means any marker or similar implement with a marking tip exceeding one quarter inch, containing anything other than a solution which can be removed with water after it dries. D. "Paint Stick or Graffiti Stick" means any 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 of at least 1/8 inch. E. "Spray Paint Tips" means any device capable of being place upon an aerosol spray container for the purpose of spraying paint or any substance capable of defacing property- F. "Graffiti Implements" means an aerosol paint container, a felt tip marker, a paint stick, spray paint tips or etching tool capable of marking or scarring glass, metal, concrete, wood, or other similar type surface. SECTION 2. Section 11.68.051 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.68.051. Possession of Graffiti Implements by Minors. A. It is unlawful for any person under the age of 18 years, while upon public property, or upon private property without the prior written consent of the owner of such property, to possess any graffiti implement for the purpose of defacing property. B. The provisions of subsection (A) shall not apply to any person who is traveling to or from a school in which he or she is enrolled and attending a class for which the teacher has required, in writing, the use of any graffiti implement. SECTION 3. Section 11.86.052 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.68.052. Enforceabiliri. Should any part of this Ordinance be held as unenforceable, that part shall be stricken and the remaining portions of the Ordinance will be fully enforceable. SECTION 4. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this ATTEST: CITY CLERK day of , 1994. STATE OF CALIFORNIA COUNTY OF LOS ANGEL CITY OF SANTA CLARITA �J I, , City ` hereby certify that the foregoing Ordinance No. 94-1 2 CITY CLERK