ORDINANCE NO. 3601
ORDINANCE OF THE COUNCIL OF
THE CITY OF SANTA ROSA ADDING CHAPTER 10-17 TO THE SANTA ROSA CITY CODE RELATING
THE PEOPLE OF THE CITY OF
SANTA ROSA DO ENACT AS FOLLOWS:
Purpose and Intent.
(A) The Council finds and
(1) Graffiti is detrimental
to the health, safety and welfare of the community in that it leads to urban
blight; encourages gang activity; is detrimental to property values, business
opportunities and the enjoyment of life; is inconsistent with the City's
property maintenance goals and aesthetic standards; and results in additional
graffiti and in other properties becoming the target of graffiti unless it is
quickly removed from public and private property.
(2) Graffiti results in
visual pollution and is a public nuisance. Graffiti must be abated as quickly as
possible to avoid detrimental impacts on the City and its residents, and to
prevent the further spread of graffiti.
(B) It is the purpose of
this ordinance to provide (i) a program to restrict the possession and sale of
graffiti implements and (ii) to encourage the prompt removal of graffiti from
walls, pavement, structures and other improvements on both public and private
Chapter 10-17 is added to the Santa Rosa City Code to read as follows:
GRAFFITI ABATEMENT PROGRAM
10-17.030 Accessibility to graffiti implements restricted.
10-17.040 Violation after notice.
10-17.050 Penalty for violation.
10-17.060 Community education.
10-17.070 Provisions not exclusive.
container" means any aerosol based container which is capable of spraying
indelible paint, ink, dye or similar substance.
material" means any etching tool, chemical, paste or similar material which
is capable of being used to etch glass.
(C) "Felt tip
marker" means any indelible marker or similar device with a tip containing
ink, dye or similar substance, which, when used or applied to a surface, is
capable of resulting in a mark at least 3/8" of an inch wide at its widest
means any inscription, word, figure, mark, or design that is written, marked,
etched, scratched, drawn, or painted on any real or personal property in the
city without the permission of the owner and which is visible from a public
right of way or any neighboring property.
implement" means any felt tip marker, etching material, or aerosol
container which contains paint, ink, dye or any similar substance and which is
capable of resulting in the placement of graffiti upon any surface or substance,
including but not limited to glass, metal, concrete, wood, and plastic.
(F) "Owner" means
the owner of record of the property as set forth in the records of the Tax
Graffiti on public or
private property, either real or personal, constitutes a public nuisance.
Accessibility to graffiti implements restricted.
(A) Display Requirements. No
person or business engaged in a commercial enterprise shall display for sale,
trade or exchange, any graffiti implement except in an area from which access by
the public is securely precluded without employee assistance. Acceptable methods
for displaying graffiti implements for sale shall be by containment in: (1) a
completely enclosed cabinet or other storage device which shall, at all times
except during access by authorized representatives, remain securely locked; or
(2) an enclosed area behind a sales or service counter from which the public is
precluded from entry; or (3) a completely enclosed cabinet or similar enclosed
storage device which is within thirty (30) feet and in plain view of a
permanently staffed counter or station. Nothing in this chapter shall relieve
such person or business entity from complying at all times with the requirements
of California Penal Code section 594.1(c) by posting signs as described therein.
(B) Storage Requirements. No
person or business engaged in the business of selling, providing or trading
graffiti implements shall store any graffiti implement except in an area
inaccessible to the public.
It is unlawful for any owner
of real property located in the City of Santa Rosa, and for any tenant,
occupant, or user of any property therein, to maintain, permit, or allow
graffiti to exist thereon, after reasonable notice in writing to abate the
graffiti; and the existence of such graffiti for each and every day after the
service of such notice shall be deemed a separate and distinct offense,
punishable pursuant to Chapter 1-28. Notice to an owner of real property shall
be satisfied by sending by first class mail to the address of the owner as
listed on the county tax assessor's roll. Notice to a tenant, occupant, or user
of the property shall be satisfied by sending by first class mail to the address
of the tenant or, occupant, or user at the location where the graffiti is
A violation of any provision
of this chapter shall be punished in accordance with City Code section 1-28.010.
The City Manager, or his or
her designee, may conduct regular programs to provide community education
regarding the prevention of graffiti in coordination with local businesses.
This chapter is not the
exclusive regulation of graffiti as a nuisance within the City. It supplements
and is in addition to any other applicable law."
Environmental Determination. The Council finds that the adoption and
implementation of this ordinance are exempt from the provisions of the
California Environmental Quality Act in that the Council finds there is no
possibility that the implementation of this ordinance may have significant
effects on the environment.
Severability. If any section, subsection, sentence, clause, phrase or
word of this chapter is for any reason held to be invalid and/or
unconstitutional by a final decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this
Effective date. This ordinance shall take effect on the 31st day
following its adoption.
IN COUNCIL DULY PASSED AND
ADOPTED this 29th day of April, 2003.