ORDINANCE NO. 289 

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO GRAFFITI PREVENTION AND REMOVAL AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE 

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: 

Section 1 Chapter 928 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended by adding Sections 9.28.160 and 9.28.200 thereto to read as follows: 

9.28.160 Sale of Paint in Aerosol Cans – When Prohibited.  No person shall sell, give or in any way furnish an aerosol container of paint, including containers of six (6) ounces or less, to another person who is under the age of eighteen years.  This subdivision shall not apply to the furnishing of six (6) ounces or less of an aerosol container of paint to a minor for the minor’s use or possession under the supervision of a minor’s parent, guardian, instructor or employer. 

9.28.200 Parental Responsibility.  Pursuant to Section 1714.1 (b) of the California Civic Code, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner in an amount not to exceed Ten Thousand dollars ($10,000) for each such act of defacement.  

Section 2.  Section 9.28.180 of Chapter 9.28 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 

9.28.180 Restriction of Pressurized Containers and Indelible Markers.  All persons offering for sale pressurized containers as defined in Section 9.28.020 shall restrict access to those items from the public by placing them behind a locked counter, cabinet, or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee, agent, or other authorized representative of said person.  All persons offering for sale indelible markers as defined in Section 9.28.020 shall keep such markers in a location where they can be in constant view of the employee, agent, or other authorized representative of the person selling the markers.  This subdivision shall apply to all sales, regardless whether the seller is a commercial business or a private individual, and shall include, but not be limited to, garage sales. 

Section 3.  The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law. 

                                                                   ________________________________

                                                                                    City Clerk

                                                                    City of Rancho Palos Verdes

                                                                                    ORD. NO. 286         

ORDINANCE NO. 286 

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE DEFINITION OF GRAFFITI AND REWARDS ASSOCIATED THEREWITH AND AMENDING CHAPTER 9.28 OF THE RANCHO PALOS VERDES MUNICIPAL CODE 

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: 

Section 1.  Section 9.28.020 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amending paragraph (B), adding paragraph (C) and redesignating existing paragraphs (C) and (D) as (D) and (E), respectively. 

(B) “Graffiti” means any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, scratched, etched, engraved, or otherwise applied to any exterior surface without the prior consent of the owner or person in possession thereof. 

© “Exterior Surface” means any building, wall, fence, tree, sidewalk, curb, storage container, vehicle, building material, sign, temporary facility, large waste container, portable toilet, structure or real or personal property. 

Section 2.  Section 9.28.040 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows: 

Section 9.28.040 Permitting graffiti to remain prohibited.  No person shall import any exterior surface into the City which is inscribed with graffiti.  No person shall permit any graffiti which is within public view to remain on any exterior surface owned or possessed by such person.  When the owner of an exterior surface, such as a portable toilet or large waste container, is different from the owner of the premises, it shall be the responsibility of the owner of the exterior surface to maintain said surface free from graffiti. 

Section 3 Section 9.28.070 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows:     

Section 9.28.070 Notice to owners or possessors of private property. 

Whenever the city manager determines that graffiti is being maintained upon any exterior surface within the city in violation of Section 9.28.040, the city manager shall send written notice to the owner or possessor of the premises where the graffiti is located and the owner or of the exterior surface, if different from the owner of the premises, of such condition and shall require that the graffiti be removed within 24 hours of receipt of notice.  The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property.   

Section 4  Section 9.28.090 of Chapter 9.28, Title 9, of the rancho Palos Verdes Municipal Code is amended by amending paragraph (B) and (C) thereof as follows: 

(B) A notice of such condition has been sent to the property owner and the owner of the exterior surface, if different than the owner of the premises, pursuant to Section 9.28.070; and; 

© The property owner or the owner of the exterior surface, if different from the property owner, has failed to either remove the graffiti or consent to its removal by the city within the time period specified in the notice. 

Section 5  Section 9.28.100 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows: 

9.28.100 Hearing prior to abatement – Notice of hearing. 

Prior to the city abating graffiti on private property without the consent of the owner, a hearing before the city manager shall be held at which time the property owner, or owner of the exterior surface if different from the property owner, shall be given an opportunity to be heard regarding the proposed abatement.  A notice of the time and place of the hearing before the city manager shall be sent to the property owner, or owner of the exterior surface if different from the property owner, not less than ten days prior to the hearing. 

Section 6 – Section 9.28.110 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended by amending paragraph (A) as follows: 

(A)   The city manager shall cause to be serviced upon the owner as shown on the latest equalized tax assessment roll of the affected premises, or owner of the exterior surface if different from the owner of the premises, a copy of the notice and shall cause a copy thereof to be conspicuously posted on the affected premises.  

Section 7 – Section 9.28.140 and 9.28.150 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code are hereby amended to read as follows: 

Section 9.28.140 Abatement – If the nuisance is not abate within the time set by the order of abatement, the city manager is authorized to cause the entry upon the premises and to abate the graffiti nuisance with city equipment and city personnel.  The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk.  Such statement shall identify the premises, or the owner of the exterior surface if different from the owner of the premises, and shall state the cost of the action taken.  If the premises includes more than one lot, each separate lot, or all of the lots, may be set forth in the same statement.  

Section 9.28.150  Assessment of cost.  Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner, or the owner of the exterior surface if different from the property owner, pursuant to the procedures set forth in Section 8.24.120 through 8.24.160 of this code. 

Section 8  Section 9.28.190 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 

Section 9.28.190  Reward.  The City may pay to any person who provides information which leads to the solving of any vandalism case involving graffiti or to the arrest and conviction of any person who applies graffiti to any exterior surface, a reward as established by Council resolution. 

Section 9 Sections 9.28.160 and 9.28.200 of Chapter 28, Title 9, of the Rancho Palos Verdes Municipal Code are hereby repealed. 

Section 10 The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance to be published or posted as required by law.