Ordinance 2642CITY OF ALAEDA ORDINANCE NO.
New Series
2642
AMENDING THE ALAEDA MUNICIPAL CODE BY AMENDING SECTION
4-2 (GRAFFITI) OF ARTICLE I (LITTERING AND MAINTENANCE OF
PROPERTY), CHAPTER IV (OFFENSES AND PUBLIC SAFETY)
THEREOF, RELATING TO THE PREVENTION , PROHIBITION AND
REMOVAL OF GRAFFITI
BE IT ORDAINED by the ci Council of the City of Alameda
tha t :
Section 1 The Alameda Municipal Code is
amending section 4-2 (Graffiti) of Article
Maintenance of Property) or Chapter IV (Offenses
thereof, to read as follows:
hereby amended by
(Littering and
and Public Safety)
4-2 Graffi ti
4-2.Findings.
The City Council finds that graffiti on public and private
property creates a condition which reduces property values and
promotes blight and neighborhood deterioration. This deteriorationinvites further graffiti and other forms of crimes including
vandalism. It is the purpose and intent of the City Council to
provide, through the adoption of graffiti prevention ordinances
addi tional enforcement tools to protect private and public property
and public safety.
4-2.2 Definitions.
As used in this section:
"Aerosol paint container'" shall mean any aerosol container,
regardless of the material from which it is made , which is adapted
or made for the purpose of spraying paint or other substance
capable of defacing property.
"Fel t tip marker" shall mean any indelible marker or similar
implement with a tip which, at its broadest width is greater than
one-eighth (lj8th) inch, containing an ink that is not watersoluble.
"Graffiti" shall mean any writing, drawing, defacing, marring,
inscribing, scratching, painting or affixing of markings upon any
real or personal property , which is unauthorized by the property
owner or person in possession of the subj ect property or which canbe seen by any person using the public right-of-way or from
adj acent properties.
"Graffiti implement" shall mean an aerosol paint container
felt tip marker, a paint stick , a scribe , or gummed label.
"Gummed label" shall mean any sticker , stamp, or item appliedwith self-adhesive glue , gum , tape or any other type of adhesive
which is larger than one inch by one inch and which can be applied
to any surface , wall, window , or sign regardless of material.
Paint stick" shall mean any device containing a solid form ofpaint, chalk , wax , epoxy, or other similar substance capable ofbeing applied to a surface by pressure , and upon application
leaving a mark at least one-eighth (l/sth) inch in width , and notwater-soluble.
"Scribe"glass.shall mean an implement which permanently etches
"Unreasonable period" shall mean a period of time exceeding
fifteen days from the day the owner, lessee , renter, or occupant
has been lawfully notified of the placement of graffiti.
4-2.Unlawful property nuisance.
It shall be unlawful for any person owning, leasing, renting,
occupying or having charge or possession of any property in the
City to maintain or allow to be maintained graffiti on such
property for an unreasonable period. This section shall apply to
both public and private property in all zoning districts of theci ty.
4-2.Graffiti abatement procedure.
a. The existence of graffiti within the City limits is a
public and private nuisance and may be abated according to the
procedures contained herein or any other lawful means.
b. Upon the failure of a property owner to remove graffiti
from his/her real or personal property within three (3) days the
Public Works Director or his/her designee shall serve on the
property owner an Order to Remove Graffiti. The Order to RemoveGraffiti shall state:1. A description and location of the real
property on which the graffiti that must be removed;
or personal
A brief description of the graffiti that must be removed;
3. A specific date by which the graffiti must be removed
along with a statement that if the property owner does not remove
the graffiti within this time, the City may cause the graffiti to
be removed and may make the costs incurred in this work a personal
debt of the property owner or a lien against the property.
4. A statement that the property owner may request a hearing
before the Public Works Director on Order to Remove Graffiti by
filing a written request for the hearing.
c. The written request for a hearing shall state the address
and/or a brief description of the property, the date of the Orderto Remove Graffiti and the grounds on which the Order is
contested. The request for a hearing must be filed with the Public
Works Department within ten (10) days after service of the Order.
The Public Works Department shall then set the matter for a hearing
before the Public Works Director , or his or her designee, on a date
which is no less than ten (10) days and no more than (30) daysafter receipt of the request for a hearing and shall give the
property owner or other person, requesting the hearing written
notice of the date , time , and place of hearing. The notice shall
be served in the same manner as set forth below for the decision of
the Publ ic Works Director.
At the hearing the Public Works Director shall consider all
relevant evidence. The decision of the Public Works Director shall
be served on the person requesting the hearing, either personallyor by certified mail, with a Notice of Intended Decision. Thisnotice shall state the intended decision on the hearing, the
reasons for the proposed decision , the effective date of the
decision if no appeal is filed , and the right of appeal to the City
Council.
Any person dissatisfied with the decision of the Public Works
Director may file an appeal to the City Council within the
specified time. The appeal shall be made in writing and filed with
the City Clerk not later than ten (10) days after service of the
Notice of Intended Decision. The appeal shall state in detail the
factual basis for the appeal.
An appeal fee shall be paid and shall consist of a processing
fee plus the actual cost to the City for retaining a hearing
officer if the appeal , or any portion thereof, is not granted. The
p:,ocessing fee shall accompany the request for an appeal. The
appeal fee shall be set by resoiution of the City Council.
The City Council or its designee may appoint a hearing officer
to conduct the hearing, to receive relevant evidence , and to submit
to the City Council findings and recommendations to be consideredby the City Council. The hearing officer shall hear the appeal and
submit his or her findings and recommendations to the City Council.
The City Council shall render its decision within forty-five (45)
days from the date of the hearing, or in the event that a hearing
officer has been appointed , w.ithin forty-five (45) days from the
date the City Council receives the findings and recommendations of
the hearing officer. The decision of the City Council shall befinal.
If the City Council finds that an appeal or any portion of an
appeal does not prevail , the graffiti shall be abated immediatelyby the property owner. In lieu of abating the graffiti personally
the property may enter into an agreement with the City to allow the
City to abate the graffiti at the property owner's expense.
If the property owner does not timely comply with the above
procedures for a hearing and/or appeal , he or she shall be deemed
to have waived the right to an administrative hearing and/or any
appeal to the City Council.
4-2.Possession of Graffiti Implements.
Except as may be authorized by the City, no person shall have
in his or her possession any graffiti implement while at or on the
premises of any public park playgr und swimming pool
recreational facility, or while loitering in or near an underpassbridge abutment storm drain or other similar types infrastructure.
4-2.Parental Civil Liability.
Any parent or other legal guardian who consents to , permits,or otherwise knowingly allows his or her minor child to commit
graffiti shall be personally liable for any and all costs to any
person incurred in connection with the removal of graffiti caused
by saiC minor and for all attorney's fees and court costs incurred
in connection with the civil prosecution of any claim or damages.
The City is hereby empowered and authorized to use any lawful means
to bill and collect any and all sums owed under this Section of the
Code.
4-2.Punishment Provisions.a. Mandatory Juvenile Delinquent Community Service. Anyminor determined to be a ward of the court under Wel fare andInstitm.:ions Code Section 602 as a result of committing any
graffiti offense in the City shall be required , at City's option
to perform community service , including graffiti removal service of
not less than six hours or more than eighty hours.
4-2.Rewards.
a. Amount. Pursuant to Section 53069.5 of the Government
Code the City does hereby offer a reward of: $250 for information
leading to the arrest of any person maliciously injuring or
destroying another's property by the use of graffiti causing up to
$500 in damage or defacement or $500 for information leading to the
arrest of any person maliciously injuring or destroying another
propertv by the use of graffiti causing $500 or more in damage or
defacement.
For the purposes of this section , diversion of the offending
violator to a community service program , or a plea bargain to a
lesser offence shall constitute a conviction.
No public employees or officials whose duty it is investigate or to enforce the law , or their spouses , children orparents living in the same household shall be entitled to areward.
b. Claims. Claims for the rewards under this section shallbe filed with the City Police Department. Each claim shall
specifically identify the date , location , kind of property damage,
and the name of the person who was convicted or arrested.
c. Multiple Witnesses. In the event of multiple contributors
of information, the reward amount shall be divided by the City inthe manner it .deems appropriate.
d. Verification. No claim for a reward shall be allowed bythe ci ty unless the Chief of Police or his/her designee
investigates and verifies the arrest or conviction and recommends
that it be allowed.
e. Liability for Reward. The person committing the graffitioffense, and if an unemancipated minor , then the -custodial parent
of said minor, shall be liable for any reward paid pursuant to thissection.
section Severability. If any section subsection,
sentence, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction , such decision shall not affect thevalidity of the remaining parts of this ordinance. The CityCouncil declares that it would have adopted each section
subsection, sentence , clause phrase or portion thereof
irrespective of the fact that any one or more sectionssubsections, clauses , phrases or port ions be declared invalid or
unconsti tutional.
section This ordinanc2 shall be in full force
from and after the pxpiraticn of thirty (30) days from
its final passage.
Attest:
City Clerk
, the undersigned hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 21 s t day ofSeptember, 1993 by the following vote to wit:
AYES :Councilmembers Appezzato, Arnerich , Lucas , Roth
and President Wi throw - 5.
None.NOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed theoff icial seal of said City this 22nd day of September , 1993.
c7
Diane B. Felsch
City of Alameda
;dLci ty Clerk