It is the policy of this city to prevent graffiti in the city
and to provide a program for removal of graffiti and other inscribed
material from walls, fences and structures located on public or private
property. California Government Code Section 53069.3 authorizes the
city to provide for the removal of graffiti. Section 38772 of the
Government Code authorizes the city to make the expense of such removal
a lien against the property of, and a personal obligation against,
a minor creating or causing graffiti and the parent or guardian having
custody and control of the minor. California Penal Code Section 594.5
authorizes the city to regulate the sale of aerosol containers of
paint. The city council finds that graffiti is often used as a method
of communication by and between gangs engaged in criminal activities,
and the presence of such gangs is detrimental to the public health,
safety and welfare. The city council further finds that graffiti,
as defined herein, is obnoxious and a public nuisance which serves
as an invitation for repeated trespasses and vandalism and therefor
must be abated as to avoid its detrimental impact on the city.
(Ord. 869 § 1, 1990; Ord. 1012 § 1, 1995)
As used in this chapter, the following terms have the following
meanings:
includes, but is not limited to, court costs, attorney's
fees, costs of removal of the graffiti or other inscribed material,
costs of repair and replacement of defaced property, and the law enforcement
costs incurred by the city, county, or city and county in identifying
and apprehending the minor.
means any unauthorized inscription, word, figure, mark or
design that is written, marked, etched, scratched, drawn or painted
on any real or personal property.
means a minor who has confessed to, admitted to, or pled
guilty or nolo contendere to a violation of Section 594, 594.3, 640.5,
640.6 or 640.7 of the California Penal Code, or a minor convicted
by final judgment of a violation of Section 594, 594.3, 640.5, 640.6
or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile
Court pursuant to Section 602 of the California Welfare and Institutions
Code by reason of the commission of an act prohibited by Section 594,
594.3, 640.5, 640.6, or 640.7 of the Penal Code.
(Ord. 869 § 1, 1990; Ord. 1012 § 2, 1995)
It is unlawful and a nuisance for any person to draw or place
graffiti or other inscribed material on public or private property.
(Ord. 869 § 1, 1990; Ord. 1012 § 3, 1995)
A.
No person
under the age of eighteen years shall purchase or possess any aerosol
container of paint or the liquid substance capable of defacing property
unless that person is accompanied by a parent or legal guardian.
B.
No person
shall possess any aerosol container of paint or other liquid substance
capable of defacing property while in a public park, playground, swimming
pool or recreational facility in the city except authorized employees
or contractors of the city.
(Ord. 869 § 1, 1990)
It is unlawful and nuisance for an owner of land within the
city to permit graffiti or other inscribed material to remain on land
or any structure located thereon for more than ten days.
(Ord. 869 § 1, 1990; Ord. 1012 § 4, 1995)
Whenever graffiti exists upon the property owned by another
public agency, or a private property owner, the city of Manteca may
remove it with the consent of the public entity or responsible person/private
property owner. Prior to entering onto private property for the purpose
of graffiti removal, the city of Manteca shall secure the written
consent of the responsible person, which may be incorporated into
the required written notice or secured through electronic mail, facsimile,
and/or a hard copy correspondence. Such removal shall not involve
the painting or repair of any more extensive an area than where the
graffiti is located. The city removing such graffiti does not relieve
the private property owner of any expenses and/or liability as set
out in this section.
(Ord. 869 § 1, 1990; Ord. 1012 § 5, 1995; Ord. O2021-01 § 1)
Any person violating Sections 9.36.030 through 9.36.050 of this chapter is guilty of a misdemeanor, punishable by a fine of one thousand dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Ord. 869 § 1, 1990)
A.
The
city council is authorized to offer a reward to any individual providing
information to the city leading to the identification and/or apprehension
of anyone placing or applying graffiti or other inscribed materials
on or to any public or private property within the city. The city
council may appropriate such moneys for this purpose by including
such appropriations in its annual budget resolution or by adopting
a resolution or resolutions from time to time as may be warranted
in the discretion of the city council.
B.
Rewards
may be offered to and paid to any person provided, however, that no
peace officer, official, officer, employee, appointee or agent of
the state of California or any county or city therein, or any political
subdivision thereof, shall be eligible to receive any reward offered
under this section.
C.
The
maximum amount of any reward shall not exceed one thousand dollars
per incident.
D.
The
city manager and designee shall establish procedures for public notification
of this reward program criteria for the offer and payment of rewards
and procedures for making of offers to, submission of claims for,
and the payment of rewards under this section. In the event of any
dispute concerning the offer of, a claim for, or payment of any reward
under this section, the determination of the city council shall be
final and conclusive.
E.
The
city shall not be obligated to offer or pay any reward under this
section, but such offer and payment shall be at the sole discretion
of the city.
F.
No offer of reward shall be made or payment made in the event that: (1) the city council has not authorized by resolution the appropriation of funds as set forth in subsection A of this section; or (2) the funds appropriated by the city council in accordance with subsection A of this section have been expended.
G.
In addition
to any other penalties set forth in this chapter, the offender, whether
or not convicted of any criminal violation, shall be liable to the
city for any reward paid by the city which led to the offender's identification
or apprehension and if the offender is an unemancipated minor, the
offender's parent(s) or guardian shall be liable for the reward paid
pursuant to this section.
(Ord. 980 § 1, 1993)
A.
As soon
as the amount of the expense of abatement is determined, the director
of public works shall file a statement of said expense with the city
clerk.
B.
Upon
receipt of the statement of expense of abatement the city clerk shall
cause to be served on the minor and on the parent or guardian having
custody and control of the minor a notice that unless said expenses
are paid to the city clerk within ten days of the service of the notice
the city will record a lien with the county recorder on identified
parcels of land owned by the minor and identified parcels of land
owned by the parent or guardian having custody and control of the
minor. The notice shall be served in the manner required by Government
Code Section 38773.2(b).
C.
The notice required in subsection B of this section shall be in substantially the following form:
|
NOTICE OF INTENT TO RECORD GRAFFITI NUISANCE ABATEMENT LIEN
|
|
TO: ____________________________
(name of individual being served)
|
|
This Notice is being served pursuant to Section 9.36.090 B. of the Manteca Municipal Code and state law. Your failure to pay the sum indicated below to the city clerk of the City of Manteca within 10 days of the date of service of this Notice will result in the recordation of a Graffiti Nuisance Abatement Lien with the count recorder. This will place a lien upon the real property owned by you identified below.
|
|
The amount owed: ___________________.
|
|
The real property to be liened is:
|
|
Street address:________ APN:________
|
|
Street address:________ APN:________
|
|
Dated:___________________________
|
|
City Clerk: _______________________
|
(Ord. 1012 §6, 1995)
