ORDINANCE NO. 1548 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, RELATING TO THE SALE AND POSSESSION OF AEROSOL PAINT AND DYE. 

The City Council of the City of Hawthorne, California, does hereby ordain as follows: 

SECTION 1. Chapter 5.84 of the Hawthorne Municipal Code is hereby repealed in its entirety. 

SECTION 2. There is hereby added as Chapter 5.84 of the Hawthorne Municipal Code the following: 

CHAPTER 5.84 

SALE AND POSSESSION OF AEROSOL PAINT AND DYE 

Sections: 

5.84.010 Spray Paint; Sale to Minors Prohibited

5.04.020 POSSESSION; PROHIBITION OF SPRAY PAINT IN PUBLIC PARKS AND         BUILDINGS

5.04.030 POSSESSION; prohibition of possession by minors of spray pint in streets and other public places

5.04.040 STORAGE REQUIREMENTS FOR SALE OF AEROSOL SPRAY PAINT CANS. 

5.84.010 Spray Paint, Sale to Minors Prohibited 

a.       No person shall sell or cause to be sold to any person under the age of eighteen (18) years any aerosol container of paint capable of defacing property.  For the purposes of this section, any aerosol container of paint or dye or other liquid, shall be deemed “capable of defacing property” if, when applied to any surface, it leaves an opaque and insoluble residue which cannot be removed by ordinary application of soap and water. 

b.      For the purpose of this Section, bona fide evidence of majority and identity of the persons shall mean a document issued by a Federal, State, County or municipal government or subdivision or agency thereof, including by not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. 

Proof that the defendant, or his employee, or agent, demanded, was shown and acted in reliance upon such bona fide evidence in any sale transaction forbidden hereby shall be a defense to any criminal prosecution thereof. 

c.       Any person who owns, managers or operates a place of business wherein aerosol containers of paint capable of defacing property are sold shall conspicuously post a copy of subsection 5.84.010 (a) in such a place of business in letters at least three-eights (3/8) of an inch high. 

5.84.020 Possession; Prohibition of Spray Paint in Public Parks and Buildings 

No person shall have in his possession any aerosol container or paint, capable of defacing property while in any public park, playground, swimming pool, recreation facility, public building or other public place (other than highway, street or alley), except authorized employees or agents of the City or person having the authorization of the City.  Nothing in this Section shall be deemed to prohibit the possession of an aerosol porperty of any school as defined by the Education Code, by a teacher or authorized agent of such a school or any other person under the direct supervision and control of a teacher of such a school. 

5.84.030 Possession; Prohibition of Possession by Minors of Spray Paint in Streets and Other Public Places. 

No person under the age of eighteen (18) years shall have in his possession any aerosol container of paint capable of defacing property while on any public highway, street, alley or way unless such person is accompanied by a parent or guardian. 

5.84.040 Storage Requirements for Sale of Aerosol Spray Paint Cans. 

Any business or establishment offering for sale to the public aerosol spray paint cans of containers of eighteen ounces or less shall keep, store and maintain such aerosol spray paint cans or containers in a place that is locked and secured, or otherwise made unavailable to the public. 

Section 3.  The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, California, or if there is none, he shall cause it to be posted in at least three (3) public places in the City of Hawthorne, California. 

PASSED, APPROVED and ADOPTED this ____________________________ day of _______, 1993. 

                                                                                    ______________________________                                                                                    STEVE ANDERSEN, Mayor

                                                                                     City of Hawthorne, California             

 

ATTEST: 

___________________

City Clerk     

 

                                                                APROVED AS TO FORM                                                    

 

                                                                                    ____________________       

                                                                                    MICHAEL ADAMSON

                                                                                    City Attorney 

 

ORDINANCE NO. 1549

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0F HAWTHORNE, CALIFORNIA, ADDING CHAPTER 9.96 TO THE HAWTHORNE MUNICIPAL CODE RELATING TO LOITERING FOR PURPOSE OF DRUG RELATED ACTIVITIES. 

The City Council of the City of Hawthorne, California, does

hereby ordain as follows:

SECTION I. Chapter 9.96 is hereby added to the Hawthorne

Municipal Code to read as follows: 

CHAPTER 9.96

LOITERING FOR DRUG ACTIVITIES

SECTIONS:

9.96.010 Acts prohibited

9.96.020 Circumstances

9.96.030 Enforcement

9.96.040 Duration of Ordinance 

9.96410 Acts Prohibited

It is unlawful for any person to loiter in, on or near any thoroughfare or place open to the public or near any public or private place in a manner and under circumstances manifesting the purpose of engaging in drug‑related activity defined as offenses in Chapters 6 and 6.3 of Division to of the California Health and safety Code. 

9.96.080 Circumstances 

Among circumstances that may be considered in determining whether such purpose is manifested are that the person: 

A.     Is a known drug user, possessor, or seller. For purpose of this chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Chapters 6 and 6.5 of Division 10 of the California Health and safety Code, or such person has been convicted of any violation of any of the provisions of said sections or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possess drug paraphernalia pursuant to Chapter 9.98 of this code; 

B. Is currently subject to an order prohibiting his or her presence in a high drug activity geographic area;

C. Behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug‑related activity, including by way of example only, acting as a "lookout".

D. Is physically identified by the officer as a member of a "gang", or association which has as its purpose illegal drug activity;

E. Transfers small objects or packages for currency in a furtive fashion:

F. Takes flight upon the appearance of a police officer;

G. Tries to conceal himself or herself or any object which reasonable could be involved in an unlawful drug-related activity: 

H. Is in an area that is known for unlawful drug use and trafficking;

I. Is on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity:

J. Is in or within six feet of any vehicle registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug related activity. 

9.96.030 Enforcement 

Enforcement of this Chapter shall be pursuant to a policy statement issued by the Chief of Police. A copy of said policy statement shall be kept on file in the office of the City Clerk.  

9.96.040 Duration of Ordinance 

This ordinance shall be deemed automatically repealed six months from its effective date. 

SECTION 2. The City Clerk shall certify the passage and adoption of this ordinance, and shall cause the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, California, or if there is none, he shall cause it to be posted in at least three (3) public places in the City of Hawthorne, California. 

PASSED, APPROVED and ADOPTED this  _____________________________day of _______________, 1993.  

 

________________________

STEVE ANDERSEN, Mayor

City of Hawthorne, California

 

ATTEST:

 

______________________________________________

City Clerk 

 

APPROVED AS TO FORM:

 

 

                                                                                                                        ________________________

MICHAEL ADAMSON

City Attorney 

 

ORDINANCE NO. 1550 

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF HAWTHORNE, CALIFORNIA,

RELATING TO THE PREVENTION,

PROHIBITION, AND REMOVAL OF

GRAFFITI. 

The City Council of the City of Hawthorne, California, does hereby ordain as follows: 

SECTION 1. Chapter 8.22 of the Hawthorne Municipal code is hereby repealed in its entirety

SECTION a. There is hereby added as Chapter 8.22 of the Hawthorne Municipal Code the following: CHAPTER 8.22

Graffiti prevention, Prohibition and Removal',

Sections:

8.22.010 Purpose and Intent

8.22.020 Graffiti Defined

8.22.030 Graffiti Prohibition

8.22.040 Possession of Graffiti Implement

8.22.050 Removal of Graffiti

8.22.060 Reward 

8.22.010 Purpose and Intent

 

The purpose of this Chapter is to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on both public and private buildings, structures, or places cause blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. The City Council further finds that the application of graffiti, as defined herein, is willful misconduct which damages or destroys property. Government code section 53069.3 permits the use of City funds to remove graffiti from public or privately owned permanent structures located on public or privately owned real property in the City. 

8.22.020 Graffiti Defined 

Graffiti: Means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, or painted on any surface of public or private buildings, structures and places.

Aerosol Paint Container: means 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.

Felt Tip Marker: means any indelible marker or similar implement with a tap which, at its broadest width is greater than one‑eighth (1/8th) inch, containing an ink that is not water soluble.

Paint Stick or Graffiti Stick: means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one‑eighth (1/8th) inch in width, visible from a distance of 20 feet, and not water soluble.

Graffiti Implement: means an aerosol paint container, a felt tip marker, or a paint stick or etching tool capable of scarring glass, metal, concrete or wood. 

8.22.030 Graffiti Prohibition 

A. It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, permanent structures, or places located on public or privately owned property within the city.

B. It is unlawful for the owner of any private property to permit graffiti to remain so as to be capable of being viewed by a person utilizing any public right‑of‑way in the City such as a road, parking or alley. 

8.22.040 Possession of Graffiti Implement 

No person shall have in his or her possession any graffiti implement while in any public park, playground, swimming pool, public recreational facility, public buildings or any public right‑of‑way in the City. This section shall not apply to authorized employees of any individual, agency or company under contrast with the city. 

8.6.64.050 Removal of Graffiti  

Graffiti may be removed by any of the following methods: 

(1) Any person applying graffiti within the city shall have the duty to remove same within twenty‑four hours after  notice by the City or the public or private owner of the  property involved. Failure of any person to so remove  graffiti shall constitute an additional violation of this Chapter. Where graffiti is applied by an unemancipated  minor, the parent (s) shall be responsible for such removal or for the payment therefore.  

(2) Whenever the City Manager or his/her designated representative determines that graffiti is so located on

 public or privately owned structures on public or  privately owned real property within this City so as to

 be capable of being viewed by a person utilizing any  public right‑of‑way in this City, the City Manager, or

 his/her designated representative, is authorized to  provide for the removal of the, graffiti solely at the

 City's expense, without reimbursement form the property  owner upon whose property the graffiti has been applied, upon the following conditions: 

 (a) In removing the graffiti, the painting or repair of  an area more extensive than where the graffiti is

located shall not be authorized, except where the structure or property is City‑owned and the City Manager or his/her designee determines that a more extensive area is to be repainted or repaired, or  where the private property owner, or other public entity owner agrees to pay for the costs of repainting or repairing a more extensive area. 

 (b) Where a structure is owned by a public entity other than the City, the removal of the graffiti may be

authorized only after securing the consent of the public entity having jurisdiction over the  structure and release of the City from liability. 

(c) Where a structure is privately owned, the removal of graffiti by City forces or by a private contractor under the direction of the city may be authorized only after securing the written consent of the owner and release of the City from liability. 

(3) At City's option or if a private property owner’s consent cannot be obtained, graffiti which is located on privately owned permanent structures on privately owned real property within the City and which can be viewed by a person utilizing any pubic right‑of‑way in the City may be removed by the City at the owners expense as a public nuisance pursuant to the following provisions: 

(a) The city Manager of his/her designated representative shall cause written notice to be served upon the owner of the affected premises, as such owner's name and address appears on the last equalized assessment roll, by depositing the notice in the U.S. Postal service enclosed in a sealed envelope with first class postage thereon fully pre‑paid. The mailed notice shall be certified and addressed to the owner as stated above, and if

there is no known addr0as, then in care of the property address. Service shall be complete at the time of deposit in the U.S. Postal Service. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The owner shall have five (5) days after the date of service of the notice to remove the graffiti or be subject to City removal of the graffiti and assessment of the costs of such removal as a lien on the subject property. 

(b) The notice shall be on City letterhead in substantially the following form: 

"NOTICE 0F INTENT TO REMOVE GRAFFITI”

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as  __________________________, Hawthorne, California, which is visible to public view, within five (5) days after the date of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objections to, or interest in said matters are hereby notified to submit any objections to the City Manager or his/her designated representative within five (5) days from the date of this notice.

At the conclusion of this five (5) day period, the city may proceed with the abatement of the graffiti on your property at your expense without further notice." 

(c) Service of the notice by the City Manager or his/her designated representative shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the City Clerk.

(d) If any objection are submitted to the City Manager within five (5) days after the date appearing on the Notice of intent to Remove Graffiti, the City manager, or his designee, shall hold a hearing on the objections. If the City Manager overrules the objections, the owner shall have five (5) days from date of the manager's decision to remove the graffiti. owner may appeal the Manager's decision to the City Council. The City council shall hold a hearing as soon as reasonably practicable. its decision shall be final.

(e) If no objections are submitted as set forth in (d) above, or if the objections are overruled following hearing, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the City Manager on his/her designated representative approves, then the City Manager or his/her representative shall cause the graffiti to be abated by City forces or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes.

(f) Should the City Manager be required to abate the graffiti as set forth in (e) above, he or she shall thereafter follow the procedures set forth in Sections 8.22.150/8.22.250 regarding recovery of the costs of abatement, through assessment of the costs of abatement against the property as a lien. The notice of lien for purposes of this Chapter shall be in form substantially as follows: 

NOTICE 0f LIEN

(Claim of the City of Hawthorne)

Pursuant to Government Code Section 25845 and the authority of

 

Chapter 8.22 of the Hawthorne Municipal Code, the City Manager of the City of Hawthorne did on or about the, day of ___________199_ cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property and the City Council of the City of Hawthorne did on the day of  ___________, 199_ assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Hawthorne does hereby claim a lien

for such costs of abatement in the amount of said assessment, to wit: the sum of dollars: and the same

shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Hawthorne, County of Los Angeles, State of California and particularly described as follows:

DATED this _____________day of  199______.

City of Hawthorne, California 

8.22.060 Reward

Pursuant to Government Code section 53069.5, the City Council may, by resolution, establish a reward for information leading to the identification, apprehension, or conviction of any person who places graffiti upon any public or private property in the City. 

In the event of damage to public property, said resolution may require that the convicted offender reimburse the City for any reward paid, and may place responsibility for reimbursement of such reward upon the parent(s) or legal guardian(s) of any unemancipated minor so convicted. 

8.22.070 Account of cost of abatement

Submission of itemized report to council

The street superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the council for confirmation an itemized written report showing such costs. 

8.22.080 posting Copy of report

A copy of the report shall be posted for at least three days prior to its submission to the council, on or near the chamber door of the council, with a notice of the time of submission. 

8.22.090 Hearing on report‑Modification‑Confirmation

At the time fixed for receiving and considering the report, the council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The council shall then confirm the report by motion or resolution. 

8.22.100 Costs‑Special assessment‑Lien

The costs of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. 

8.22.110 Report to assessor and tax collector‑Addition of assessment to tax bill

After confirmation of the report, a copy shall be given to the city assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 

8.22.130  Filing copy of  report

If the county assessor and the tax collector assess the property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August l0th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. 

8.22.130 Entry of assessments upon county tax roll

The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. 

8.22.140 Collection of assessments‑Penalties‑Procedure for foreclosure

The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of Foreclosure and sale provided for ordinary municipal taxes. 

8.22.150 Application oŁ related county laws

Laws relating to the levy, collection, and enforcement oŁ county taxes apply to such special assessment taxes. 

8.22.160 Receipt of amounts and issuance of receipts

The street superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the city assessor and tax collector, or where a certified copy is filed with the county auditor, until August 1st, following the confirmation of the report. 

8.22.170 Refund

The council may order the city treasurer to refund any tax, or portion thereof, paid pursuant to the provisions of this chapter, provided that said tax, or portion thereof, is found and determined by the council to have been entered, charged or paid illegally or more than once, or through clerical error, or through the error or mistake of the council or the street superintendent in respect to any material fact, including the case where the cost rendered or confirmed as hereinbefore provided shows that the city abated the graffiti, but such is not the actual fact.  No order for a refund shall be made except on a claim verified by the person who paid the tax, or his guardian, executor or administrator, and filed within three months after the payment sought to be refunded became due. 

Section 4. The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, California, or if there is none, he shall cause it to be posted in at least three (3) public places in the City of Hawthorne, California. 

PASSED, APPROVED and ADOPTED this ______________________day of 1993. 

 

                                                                                                __________________________________

STEVE ANDERSEN, Mayor

City of Hawthorne, California 

 

ATTEST         

 

 

______________________________________

City Clerk 

 

APPROVED AS TO FORM: 

 

 

                                                                                                __________________________________

MICHAEL ADAMSON

City Attorney 

 

ORDINANCE NO. 1551

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CALIFORNIA ADDING CHAPTER 2.17 TO THE HAWTHORNE MUNICIPAL CODE RELATING TO THE GRAFFITI AND GANG ABATEMENT COMMISSION. 

The City Council of the City of Hawthorne, California, does hereby ordain as follows: 

SECTION 1 There is hereby added as Chapter 2.17 of the Hawthorne Municipal Coda the following: 

CHAPTER 2.17

“Graffiti and Gang Abatement Commission" 

Sections:

2.17.010 Establishment

2.1?.020 Appointment to Office

2.17.030 Terms of Office

2.17.040 Ex Officio Member

2.17.050 Compensation

2.17.060 Chairman

2.1?.070 purpose ‑ Duties & Responsibilities

2.17.080 Vacancy 

2.17.010 Establishment

A Graffiti and Gang Abatement Commission consisting of five members is created and established in the city. 

2.17.020 Appointment to office

The mayor and each councilperson shall nominate a commissioner from the citizens at large, and such nominations shall be ratified and confirmed by a majority vote of the City Council. Thereafter, in the event of a vacancy of office of a commissioner, the mayor shall appoint each commissioner with the consent of the council. Members of the commission shall serve at the pleasure of the City council and may be removed from office without cause, notice or hearing, by a majority vote of the City Council. 

2.17.030 Terms of office

The terms of office of the initial commissioners shall be two years for two commissioners and four years 'for three commissioners and at the conclusion of said terms shall thereafter be four years. The commissioners having initial two year terms shall be selected by lot.

Each term of office of each commissioner shall expire and commence at 12:00 o'clock noon on the 1st day of January. Said terms shall be staggered to coincide with the terms of office of the members of the City Council. 

2.17.040 Ex Officio Member

To aid and assist the commission, the City manager or his representative shall serve as ex officio member without vote. 

2.17.050 Compensation

Members of the commission shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. They may receive such other compensation as the City Council shall determine and prescribe from time to time.

2.17.060 Chairman

When there is a vacancy in the chairmanship of the Commission, the commission shall elect a chairman by majority vote from among its members. The term of office of the chairman of the commission shall be for the calendar year, or for that portion of the calendar year remaining after he is designated or elected. 

2.17.070 Purpose - Duties & Responsibilities

The purpose of the commission shall be to coordinate and direct the resources of the city and community to abate to the extent possible graffiti and gangs. The commission shall have the duty, responsibility and discretion. to make studies, investigations, reports and recommendations to the City Manager or to the City Council with regard to the abatement of graffiti and gangs, and such other matters as may be referred to the commission by the City Council from time to time. 

2.17.080 Vacancy

A vacancy shall automatically occur in the office of any commissioner who without excuse fails to attend three consecutive commission meetings, who files or causes to be filed or who consents to the filing of nomination papers nominating such commissioner for an elective office of the City, or who moves his place of residence outside of the City limits or who ceases to be an elector of the City. 

Section 2. The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, California, or if there is none, he shall cause it to be posted in at least three (3) public places in the City of Hawthorne, California.

PASSED, APPROVED and ADOPTED this 27th day of April , 1993 . 

                                                                                                            _____________________________

STEVE ANDERSEN, Mayor

City of Hawthorne, California 

ATTEST: 

__________________________________

City Clerk 

APPROVED AS TO FORM: 

 

                                                                                                            _______________________________

MICHAEL ADAMSON

City Attorney