Loading...
HomeMy WebLinkAbout2010-09-28 - AGENDA REPORTS - AMENDMENT TO SCMC (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by September 28, 2010 Rick Gould SECOND READING AND ADOPTION OF AN AMENDMENT TO THE SANTA CLARITA MUNICIPAL CODE, SECTION 11.68.020, ADDING THE DEFINITION OF SLAP TAGS TO THE CITY'S GRAFFITI ORDINANCE Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt an ordinance entitled, "An Ordinance of the City Council of the City of Santa Clarita, California, Amending Chapter 11.68 of Title 11, Public Peace and Welfare, of the Santa Clarita Municipal Code Concerning Graffiti." BACKGROUND The Santa Clarita Municipal Code consists of City Council approved ordinances that are of a general and permanent nature. Chapter 11.68 within Title 11, Public Peace and Welfare, of the Santa Clarita Muncipal Code, addresses graffiti within the City. Among other things, this Chapter defines graffiti, declares graffiti a public nuisance, restricts the possession of graffiti implements by minors, and outlines penalties. Staff is concerned with the proliferation of "slap tags" in Santa Clarita, and views slap tags as another form of graffiti that should be governed by the Santa Clarita Muncipal Code. Staff is requesting that the Council consider the addition of the following language under Chapter 11.68 of the Santa Clarita Muncipal Code under Section 11.68.020, Definitions: "Slap Tags" means any material with an adhesive glue or tape, such as, but not limited to, decals, stickers, posters, or labels that may be applied to building structures, light posts, street poles, street signs, newspaper stands, phone booths, windows, utility boxes, or other surfaces on public and private property without permission. Slap Tags are a form of street art in which an image or message is publicly displayed using stickers. " This item was heard by the Parks, Recreation, and Community Services Commission at the June 3, 2010, meeting. By a unanimous vote, the Commission recommended that the City Council include the definition of slap'tags into the Santa Clarita Municipal Code Section 11.68.020. This item was introduced and first read at the City Council meeting of September 14, 2010. By including the definition of slap tags in the ordinance, the City will have the ability to enforce penalties on those who seek to deface property in the City with the use of stickers. ALTERNATIVE ACTIONS As determined by the City Council. FISCAL IMPACT None by this action. ATTACHMENTS Ordinance - "q— d ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.68 OF TITLE 11, PUBLIC PEACE AND WELFARE, OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING GRAFFITI THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 11.68.020 is amended to read as follows: "11.68.020 Definitions. The following words or phrases as used in this chapter have the following meanings: "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 any other substance capable of defacing property. "City Manager" means the City Manager of the City of Santa Clarita or the manager's designee. "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. "Graffiti" means any unauthorized inscription, word, figure, or design as marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or place, including but not limited to any wall, curb, sidewalk, sign, post, lamppost, hydrant, bridge, vehicle, tree, or other facility regardless of the nature of the materials of that structural component. "Graffiti implement" means an aerosol paint container, a felt tip marker, a paint stick, spray paint tip, or etching tool capable of marking or scarring glass, metal, concrete, wood, or other similar type surface. "Hearing Officer" means the person designated by the City Manager to hear administrative appeals of graffiti abatement determinations under this chapter. "Minor" means any person under the age of eighteen (18) years. 3-Y "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 one-eighth inch. "Responsible adult" means a parent or legal guardian having custody or control of a minor. "Slap Tags" means any material with an adhesive glue or tape, such as, but not limited to, decals, stickers, posters, or labels that may be applied to building structures, light posts, street poles, street signs, newspaper stands, phone booths, windows, utility boxes, or other surfaces on public and private property without permission. Slap Tags are a form of street art in which an image or message is publicly displayed using stickers. "Spray paint tip" means any device capable of being placed upon an aerosol spray container for the purpose of spraying paint or any substance capable of defacing property. (Ord. 91-51, 1/14/92; Ord. 94-12,.10/11/94; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.010) SECTION 2. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and' shall' cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of , 2010. ATTEST: CITY CLERK MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 10- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of ,'2010. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of , 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 10- , adopted by the City Council of the City of Santa Clarita, CA on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 2010. City Clerk By Deputy City Clerk