ORDINANCE NO. 928 

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, RELATING TO GRAFFITI ABATEMENT, AEROSOL PAINT AND DYE CONTAINERS AND MARKER PENS AND AMENDING THE SOUTH EL MONTE MUNICIPAL CODE 

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 

Section 1: Chapter 8.36 (Nuisance Abatement) of Title 8 (Health and Safety) of the South El Monte Municipal Code is amended as follows: 

a.       Section 8.36.015 is added to read as follows: 

“8.36.015 Definitions.  As used in this chapter, graffiti means any unauthorized inscription, word, figure, or design that is marked, drawn, or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component.” 

b.      Section 8.36.020 (Property conditions constituting public nuisance) is amended by adding paragraph 6 to subsection 1 to read as follows: 

6. Are neglected or maintained in a condition which contributes substantially to the deterioration and unsightliness of the neighborhood or of the community.  This neglect includes, but is not limited to, building exteriors.  This neglect includes, driveways and walkways which are defaced by graffiti visible from the public right-of-way or other public property; 

C. Section 8.36.095 is added to read as follows: 

“8.36.095 Graffiti abatement.  A. Whenever the Director of Community Development (the “director”) determines that graffiti has been applied to permanent structures located on public or private property within the City, the director may use city resources to remove the graffiti, provided that the director finds that the graffiti is obnoxious and provided that the director secures the consent of the owner of , or entity having jurisdiction over, the structure.  The director may authorize the use of the city resources for the removal of graffiti no more than six times per fiscal year on any one private property. 

B. Whenever the director determines that graffiti located on private property constitutes a public nuisance, and the owner of such property does not consent to the use of City resources to remove graffiti from such property, the director shall direct that the nuisance be abated by the property owner or occupant pursuant to Section 8.36.030. 

C. If the property owner or occupant fails to abate the nuisance within the time and in the manner provided in any order of abatement issued pursuant to Section 8.36.040, the director shall cause the nuisance to be abated pursuant to Section 8.36.070, and the cost of such abatement shall be assessed against the property pursuant to Section 8.36.080.” 

Section 2: Chapter 9.20 of Title 9 (Public Peace, Morals and Welfare) of the South El Monte Municipal Code is amended to read as follows:

Chapter 9.20 

AEROSOL SPRAY PAINT AND DYE CONTAINERS AND MARKER PENS  

Sections: 

9.20.10            Sale of dye containers

9.20.020    Location of aerosol spray paint and dye containers and marker pens.  9.20.030             Possession of dye containers and marker pens in public facilities.

9.20.40            Possession of dye containers by minors on public streets 

9.20.010 Sale of dye containers.  No person, other than the parent or legal guardian of the minor, shall sell or in any way furnish any dye container to any person under the age of eighteen years. 

9.20.020 Location of aerosol spray paint and dye containers and marker pens.  No person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint or dye containers, or marker pens with tips exceeding four millimeters in width containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol spray paint or dye containers or marker pens to be stored in an area accessible to the public without employee assistance. 

9.20.030 Possession of dye containers and mark pens in public facilities.  No person shall have in his or her possession any dye containers, or any marker pen with a tip exceeding four millimeters in width containing anything other than a solution which can be removed with water after it dries, while in any park, playground, swimming pool, recreational facility, school or other publicly owned facility except a street, alley, way, highway or sidewalk unless authorized by an employee or officer of the public agency owning or having control of the publicly owned property. 

9.20.040 Possession of dye containers by minors on public streets.  No person under the age of eighteen years, when on a public street, alley, way, highway or sidewalk shall have any dye container in his or her possession or in any vehicle in which said person is a passenger or driver, unless the person is accompanied by his or her parent or legal guardian.” 

Section 3.  If any part, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is held invalid or unconstitutional for any reason by any court, that decision does not affect the validity or constitutionality of the remainder of this Ordinance.  The City Council declares that it would have adopted each part, section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the validity of any other part, section, subsection, paragraph, sentence, clause or phrase.