5358I
ORDINANCE NO. 5358
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 7.44.010 AND ADDING SECTIONS 7.44.015,
7.44.030, 7.44.040, 7.44.050, AND 7.44.060,
INCLUSIVE, TO CHAPTER 7.44 OF TITLE 7 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO GRAFFITI
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 7.44.010 of Chapter 7.44 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
117.44.010 INTENT AND PURPOSE.
Graffiti on public and private property is a blighting
factor which not only depreciates the value of the property
which has been the target of such malicious vandalism, but also
depreciates the value of the adjacent and surrounding
properties, and in so doing, negatively impacts upon the entire
community. The City has in the past undertaken to remove
graffiti from public property but has been unable to mount a
successful program for encouraging the owners of private
property to undertake to remove graffiti from walls, buildings,
structures, and other surfaces. Section 53069.3 of the
Government Code authorizes the City under certain circumstances
to provide for the removal of graffiti.
The City Council finds and determines that graffiti is
obnoxious and a public nuisance and, unless promptly removed
from public and private properties, tends to remain and to
attract more graffiti; other properties are then the target of
graffiti, with the result that entire neighborhoods and, `indeed,
the community is depreciated in value and made a less desirable
place. The City Council therefore determines that it is
appropriate that the City of Anaheim develop procedures to
implement the provisions of Section 53069.3 of the Government
Code and provide for the removal of graffiti from both public
and private property under the circumstances set forth
hereinafter. The City Council further determines that it is
appropriate to provide regulations relating to the display for
sale of aerosol paint containers and marking pens and to provide
penalties relating to possession of graffiti implements for the
purpose of engaging in graffiti -making acts."
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SECTION 2.
That new Section 7.44.015 be, and the same is hereby, added
to Chapter 7.44 of Title 7 of the Anaheim Municipal Code to read as
follows:
117.44.015 DEFINITIONS
As used in this Chapter, the following terms
shall have the meanings set forth herein:
'Graffiti': Any inscription, word, figure or design marked,
etched, scratched, drawn or painted on any surface, without the
express permission of the owner (or owner's representative) of
such surface, regardless of the nature of the material of which
the surface is composed.
'Graffiti Implement': Any implement capable of marking a
surface to create graffiti including, but not limited to,
aerosol paint containers, paint sticks, felt-tip markers or
marking pens, marking instruments, drill bits, grinding stones,
scribers, glass cutters, or etching tools, or other implements
capable of scarring glass, metal, concrete or wood.
'Aerosol Paint Container': Any container, regardless of the
material from which it is made, which is adapted or made for the
purpose of spraying paint or other similar substances capable of
defacing property.
'Felt-tip Marker or Marking Pen': Any indelible marker or
similar implement with a tip which, at its broadest width, is
greater than one-eighth inch, containing an ink.
'Paint Stick': A device containing a solid form of paint, wax,
epoxy or other similar substance capable of being applied to a
surface by pressure and, upon application, leaving a mark
visible from a distance of twenty feet.
'Spray Actuator' (also known as a 'spray tip', 'nozzle' or
'button'): An object which is capable of being attached to an
aerosol paint container for the purpose of spraying the
substance contained therein.
'Owner's Representative': Any person or entity expressly
authorized by the owner of any property to permit another person
to place inscriptions, words, figures or designs upon such
property, or any person or entity in lawful possession of any
property, whose right of possession includes the authority to
permit or allow inscriptions, words, figures or designs to be
placed upon such property."
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SECTION 3.
That new Section 7.44.030 be, and the same is hereby, added
to Chapter 7.44 of Title 7 of the Anaheim Municipal Code to read as
follows:
"7.44.030 RESPONSIBILITY FOR COST OF REMOVAL
Whenever graffiti has been removed from public or
private property at the expense of the City of Anaheim, each
person who placed any of the graffiti, and the custodial parents
or guardians of any minor who placed any of the graffiti,
(hereinafter collectively the "responsible persons") shall be
legally responsible to reimburse the City of Anaheim for all
costs of removal. Upon the determination of the costs of
removal, the Finance Director is hereby authorized and directed
to invoice the aforesaid responsible persons for such costs.
Such costs shall be a debt jointly and severally owed to the
City by such responsible persons."
SECTION 4.
That new Section 7.44.040 be, and the same is hereby, added
to Chapter 7.44 of Title 7 of the Anaheim Municipal Code to read as
follows:
"7.44.040 POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED
It shall be unlawful, and a misdemeanor, for any
person to possess any graffiti implement, as defined in Section
7.44.015 of this Chapter, for the purpose of defacing, marking
or damaging any public or private property, without the express
consent of the owner of such property or the owner's
representative; provided, however, that nothing in this Section
shall be construed to permit or prohibit conduct which is
prohibited by Penal Code Section 594.1."
SECTION 5.
That new Section 7.44.050 be, and the same is hereby, added
to Chapter 7.44 of Title 7 of the Anaheim Municipal Code to read as
follows:
117.44.050 POSSESSION OF SPRAY ACTUATOR PROHIBITED
It shall be unlawful, and a misdemeanor, for any
person to possess any spray actuator, as defined in Section
7.44.015 of this Chapter, for the purpose of defacing, marking
or damaging any public or private property, without the express
consent of the owner of such property or the owner's
representative."
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SECTION 6.
That new Section 7.44.060 be, and the same is hereby, added
to Chapter 7.44 of Title 7 of the Anaheim Municipal Code to read as
follows:
"7.44.060 STORAGE OR DISPLAY OF AEROSOL PAINT CONTAINERS
AND MARRING PENS
"Every person who owns, conducts, operates or manages
a retail commercial establishment selling aerosol paint
containers, or felt-tip marker or marking pens, shall store or
cause such containers or pens to be stored in an area viewable
by, but not accessible to, the public in the regular course of
business without employee assistance, pending legal sale or
disposition of such containers or pens. It is the intent of
this Section to permit, but not to require, viewability of
aerosol paint containers and felt-tip marker or marking pens
while they are stored or displayed pending retail sale."
SECTION 7. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 8. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 9th d f arch , 1993.
MAY R OF THE TY ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF AN IM
O69GRAFF.14
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5358
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of March, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of
March, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5358 on the 10th day
of March, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th
day of March, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5358 and was published once in the Anaheim Bulletin on the 18th day of March, 1993.
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CITY CLERK OF THE CITY OF ANAHEIM