Graffiti or other inscribed material 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 vandalism but depreciates
the value of the adjacent and surrounding properties, and in so doing
has a negative impact on the entire city. The council finds and determines
that the graffiti is obnoxious and a public nuisance unless it and
other inscribed materials are removed from public and private property,
they tend to remain. Other properties then become the target of graffiti
with the result that entire neighborhoods are affected and the entire
community depreciates in value and becomes a less desirable place
in which to be.
(Ord. 463 § 1, 1992)
"Graffiti or other inscribed material" includes
any unauthorized inscription, word, figure, or design that is marked,
etched, scratched, drawn, sprayed, or painted on any structural component
or any building, structure, or other facility regardless of the nature
of the material of that structure or component.
(Ord. 463 § 1, 1992)
It is unlawful for any person to apply graffiti or inscribing
material on public or privately owned real property within the city
of Loma Linda.
(Ord. 463 § 1, 1992)
Whenever the city manager determines that graffiti or other
inscribed material is so located on public or privately owned, structures
on public or privately owned real property within the city so as to
be capable of being viewed from adjacent property or by a person utilizing
any public right-of-way in the city, the city manager is authorized
to provide for the removal of the graffiti or other inscribed material
upon the following conditions:
A.
In removing
the graffiti or other inscribed material, the painting or repair of
a more extensive area shall not be authorized.
B.
Where
a structure is owned by a public entity other than the city, the removal
of the graffiti or other inscribed material may be authorized only
after securing the consent of the public entity having jurisdiction
over the structure and such entity executes a release and waiver approved
as a form by the city attorney.
C.
Where
a structure is privately owned, the removal of the graffiti or other
inscribed material may be authorized only after securing the consent
of the owner and the owner execute a release and waiver approved as
to form by the city attorney.
(Ord. 463 § 1, 1992)
The city may utilize the abatement process set forth in Chapter 9.12 of the Loma Linda Municipal Code, upon the determination of the city manager.
(Ord. 463 § 1, 1992)
The city council may by resolution offer and pay a reward for information leading to the determination and identify of, and the apprehension and conviction of any person affixing graffiti or other inscribed material as defined in Section 9.14.020. Any person who has damaged property by inscribing thereon graffiti or other inscribed material shall be liable for the amount of any reward paid pursuant to this chapter and Section 53069.5 of the California Government Code, and if he or she is an unemancipated minor, his or her parent or guardian shall be liable for that amount.
(Ord. 463 § 1, 1992)
The city manager is authorized to inform any court finding any
person guilty of the act of vandalism as defined in Section 594 of
the California Penal Code that the city has an ordinance wherein the
city council has authorized the city manager or his or her agent to
clean up and repair the property damaged by the act of vandalism and
the cost to the city of doing that cleanup and repair and to further
request that the court order the person convicted of the vandalism
to pay the city for said cost to repair pursuant to Section 594 of
the California Penal Code.
(Ord. 463 § 1, 1992)
If any person shall violate any of the provisions of this chapter, or fail to comply with any of the mandatory requirements of this chapter, he or she shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable pursuant to Chapter 1.12 of the Municipal Code as amended.
(Ord. 463 § 1, 1992)
