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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." L 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." K 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." I 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 4 A 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. � 8 �� ti—; ? -<;;- � CITY CLERK OF THE CITY OF ANAHEIM