ORDINANCE NO 2082 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO AMENDING CHAPTER 8 OF ARTICLE IV OF THE MONTEBELLO MUNICIPAL CODE, RELATING TO POSSESSION AND SALE TO MINORS OF SPRAY PAINT CONTAINERS, PAINT STICKS AND MARKING DEVICES 

The City Council of the City of Montebello does hereby ordain as follows: 

Section 1. Sections 4475 through 4477, inclusive, of the Montebello Municipal Code are hereby repealed. 

Section 2. Section 4475 is hereby added to the Montebello Municipal Code to read as follows: 

4475. DEFINITIONS. 

(a) Graffiti 

As used in this section, "graffiti" includes any unauthorized inscription, word, figure, or design that is marked, etched, scratched, 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) Aerosol Paint Container 

"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. 

(c) Felt Tip Marker 

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

(d) Etching Tool 

"Etching tool" means an instrument, tool, or device designed or commonly used for marking, cutting, or defacing glass, and includes devices designed for marking surfaces and capable of marking glass. 

(e) Graffiti Stick 

"Graffiti stick" means a device containing a solid form of paint, chalk, war, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one‑eighth of an inch in width and not water soluble.  

(f) "Graffiti implement"  

“Graffiti implement” means an aerosol paint container, a felt tip marker, an etching tool, or a graffiti stick.  

Section 3. Section 4476 is hereby added to the Montebello Municipal Code to read as follows: 

4476. DEFACEMENT OF PRIVATE PROPERTY. 

It is unlawful for any person to maliciously write, spray, scratch, or otherwise affix any graffiti on or in any private real or personal property. 

Section 4. Section 4477 is hereby added to the Montebello Municipal Code to read as follows:

4477. POSSESSION OF GRAFFITI IMPLEMENTS. 

(a) It is unlawful for any person who is less than eighteen years of age to have in his or her possession any graffiti implement except for the minors’ use under the supervision of the minor's parent, guardian, instructor or employer.

(b) It is unlawful for any person to have in his or her possession any graffiti implement while upon any property of the City of Montebello other than public highways, streets, alleys or ways, except as may be authorized by the City.

(c) It is unlawful for any person to have in his or her possession any graffiti implement while upon any private property, except as may be authorized by the owner. 

Section 5. Section 4478  is hereby added to the Montebello Municipal Code to read as follows: 

4478. FURNISHING CERTAIN GRAFFITI IMPLEMENTS TO MINORS.

It is unlawful for any person, firm or corporation to sell, give, exchange of in any way furnish any felt tip marker, etching tool or graffiti stick to any person who is less than eighteen years of age. 

Section 6. Section 4479 is hereby added to the Montebello Municipal Code to read as follows:

4479. POSTING REQUIREMENTS. 

It is unlawful for any person, fire or corporation that offers to the public any graffiti implement to fail to post in a conspicuous location, a sign containing the following language in letters at least one half inch in height: 

IT IS UNLAWFUL FOR A MINOR TO BUY OR BE SOLD SPRAY PAINT, PAINT STICKS, ETCHING TOOL, OR MARKERS ONE-EIGHT AN INCH OR WIDER. 

Section 7. Section 480 is hereby added to the Montebello Municipal Code to read as follows: 

480. STORAGE OF GRAFFITI IMPLEMENTS. 

It is unlawful for any person, firm or corporation that offers to the public any graffiti implement for sale to fail to store or cause to be stored any graffiti implements in such a manner as to be accessible to the public without employee assistance. 

Section 8. Section 4481 is hereby added to the Montebello Municipal Code to read as follows: 

4480. PUNISHMENT.

Violation of any of the provisions of this Chapter is a misdemeanor. Any person convicted of violating any of the provisions of this Chapter who is granted probation, and any minor who is found to be a person described in California welfare and Institutions Code S602 as a result of committing an offense set forth in this Chapter shall, in addition to any other penalties prescribed by law, make restitution to the victim and, at the option of the City, to perform community service within the City for not leas than 125 hours and not more than 250 hours.

Section 9. Section 4482 is hereby added to the Montebello Municipal Code to read as follows: 

4482. PARENTAL CIVIL LIABILITY.

Any parent or legal guardian having custody or control of a minor who permits the minor to posses a graffiti implement shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by said minor, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed $10,000.00. 

Section 10. Section 4483 is hereby added to the Montebello Municipal Cods to read an follows: 

4483.  REWARD

(a) The City shall pay a reward in an amount established by resolution for information leading to the arrest and conviction or plea of guilty of any person for violation of Section 594 (by the use of graffiti) or Section 640.5 of the California Penal Code, or Section 4476 0f this Code.

(b) No employee or official of the City of Montebello shall be eligible for a reward pursuant to this Section.

(c) Claims for rewards under this Section shall be in  writing and filed with the City. Each class shall:

(1) Specifically identify the date, location, and kind of property defaced.

(2) identify by name the person who was convicted, or pled guilty to the defacement.

(3) Identify the court and the date the conviction or plea occurred.

(d) The person committing the graffiti and, if an  unemancipated minor, then the custodial parent or  parents or said minor shall be liable for the  amount of any reward paid pursuant to this Section. 

Section 11. If any section, subsection, clause or phrase of this ordinance is declared invalid or otherwise void by a court or competent jurisdiction, it shall not affect any remaining provisions. In this regard, the City Council finds that it would have adopted this regulation notwithstanding any partial invalidity of this ordinance. 

Section 12 The City Clerk shall certify to the adoption of this ordinance by the City Council of the City of Montebello and cause the same to be published in the manner required by law, and said ordinance shall become effective thirty days after its final passage. 

INTRODUCED THIS 27 DAY OF APRIL , 1993. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF 1993.                                                                                                                        ___________________________

William M. Molinari, Mayor 

 

ATTEST: 

________________________________

Mary Anne Sauced, City Clerk 

STATE OF CALIFORNIA                 )

COUNTY OF LOS ANGELES          ) ss:

CITY OF MONTEBELLO                  )  

I, MARY ANNE SAUCEDO, City Clerk of the City of Montebello, California, do hereby certify that the foregoing ordinance was duly and regularly adopted, passed and approved by the City Council of the City of Montebello, California, at a regular meeting of said City Council held at the regular meeting place thereof on the 11th day of MAY, 1993 by the following vote: 

AYES:             PAYAN, ALVAREZ‑GLASMAN, PIZZORNO, RAMIREZ AND MOLINARI

NOES:             NONE

ABSENT:        NONE 

Dated this 11 day of MAY, 1993. 

                                                                                                            _______________________________

 Mary Anne Sauce, City Clerk