HomeMy WebLinkAbout1994-06-07; City Council; 12732; SUPPORT FOR LEGISLATION ALLOWING CITIES TO ADOPT ENHANCED GRAFFITI REGULATIONSCySr OF CARLSBAD - AGEW BILL .. '., I (/ 22
c
AB # /2j- TITLE:
CIT ALLOWING CITIES TO ADOPT MTG. 6- 3- ?v DEF
CIT ENHANCED GRAFFITI REGULATIONS DEPT. CM
SUPPORT FOR LEGISLATION
I I I
RECOMMENDED ACTION:
Adopt Resolution No. "/- 1 54 authorizing the Mayor to execute letters of support '
which would allow cities to establish administrative procedures outside of the court sys restitution and impose fines for graffiti vandalism.
ITEM U<PLANATION:
Graffiti has become an increasing problem in many communities. Cities have limited I
state law to regulate graffiti. Most graffiti regulation occurs through the court system, a
do have the ability to declare it a nuisance for abatement purposes and may regulate
graffiti implements. Efforts are currently underway to introduce legislation which wou
to establish administrative procedures outside of the overburdened court system for tt
obtaining restitution and imposing fines for graffiti vandalism.
Prior to these efforts to further empower local governments, amendments to the Penal
to vandalism and graffiti were approved late last year to enhance the court's ability to
graffiti problem. Sections 594 and 640 of the Penal Code contain the majority of the
which are outlined below:
SECTION 594
* Expands scope of vandalism to include damage or defacing from scratcl
* Adds possession of scratching and other graffiti implements by those u
* Adds ability to order community service as a condition of probation. (UF
* Requires jail time of up to one year for those found guilty of vandalism
on objects. It originally only applied to paint or other liquids.
as a misdemeanor. The code previously only applied to aerosol paint containers.
for first conviction, up to 200 hours for second conviction, and up to 300 hours for thirc
convictions if one of them resulted in incarceration.
LLt >
432 a3 2
z 0 E -
b 4
$ 2 3 0 0
SECTION 640
* Adds provision for a minimum penalty of 24 hours community service
hours and an increased fine of up to $500 if the damage is less than $250. (This sec
preclude application of Section 594, which provides for up to six months of jail time anc
in fines for damages in an amount less than $1,000. Penalties of up to one year in
$50,000 are available for damages of $1,000 or more, depending on the amount of d;
cases, the court may, in addition to any other punishment, at the option of the vic
defendant to clean or repair the damaged property, or pay for someone else to do
guardian of a minor is liable for payments of fines if the minor is unable to pay.)
* Adds requirement that those found guilty after a prior conviction must se
of 48 hours community service as a condition of probation and provides for up to six r(
and up to a $1,000 fine. Those found guilty with two prior convictions must serve jai
one year if they have been incarcerated pursuant to one of those convictions. The!
ordered to perform up to 300 hours of community service as a condition of probatior
" 7 0 Page Two of Agenda Bill No. / d, 33 % m
* Adds special penalties for those convicted of violations within 100 feet of highways
appurtenances. First convictions may bring up to 6 months in jail and a fine of up to $1,01
Second convictions may bring up a year in jail and a fine of up to $1,000. Convictions may a:
bring a condition of probation to perform up to 100, 200, or 300 hours community serv
depending on number of convictions.
Cities in San Diego County have adopted various types of ordinances in an attempt to red1
graffiti problems in their communities. Some ordinances require stores to keep gra
implements such as aerosol paint in locked containers. Other ordinances have duplicated st
laws such as prohibiting possession of graffiti implements, prohibiting the sale of aerosol p:
to minors, and providing restitution for damages.
A survey of cities has found that vandals are seldom deterred by adoption of such ordinant
but that eradication programs are more successful in reducing graffiti because vandals are rr
interested in how long the graffiti remains in place. Eradication programs may use voluntel
Various cities report that they have had great success with programs in which volunteer grol
from business and service organizations are formed to eradicate graffiti as soon as possible e
it is reported to the city. Cities have also had success with enlisting volunteers fr
Neighborhood Watch groups who are then notified when graffiti is reported in their neighborhc
on a Graffiti Hotline so that it can paint over quickly.
Although cities usually complement volunteer programs by assigning personnel to eradica
efforts as a part of their normal duties, Vista has hired a full time employee for the sole purpl
of graffiti removal. Carlsbad personnel spend between twenty and fifty staff hours each w
removing graffiti reported on our Graffiti Hotline. Several volunteer groups are also activc
eradication efforts in Carlsbad and have been very successful in reducing our graffiti probll
Community Services Department staff have also established an education program for schc
and other special events which includes a video, printed material, and other educational activit
Police Department staff are aware of the penalties now available for graffiti violations and beli no additional City ordinance is necessary at this time to address the problem. However, I
recommends that Council authorize the Mayor to execute letters of support for legislation wb
would allow cities to establish procedures outside of the court system for dealing with the gr
problem. Draft language for such a bill is nearly complete and will tentatively be introducec
Senator Dan McCorquodale of Modesto.
city personnel, or persons required to perform community service as a part of court sentenci
FISCAL IMPACT:
None
EXHIBIT:
1. Resolution No. 9 4- / 5 7
*t
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 I
I
:. EXHIBIT NO. 1
;a
RESOLUTION NO. 94-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE
LETTERS OF SUPPORT ON BEHALF OF THE CITY OF CARLSBAD
SUPPORTING LEGISLATION TO ENHANCE LOCAL GOVERNMENT’S
ABILITY TO ADDRESS THE GRAFFITI VANDALISM PROBLEM.
WHEREAS, graffiti vandalism has become a major problem in the City of Carlsba
communities; and
WHEREAS, the City of Modesto is attempting to have legislation introduced w
enhance local government’s ability to address the graffiti vandalism problem; and
Whereas, it is in the public’s best interest that such legislation be made law by tl
State Legislature;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbac
as follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of Carlsbad is authorized to execute letters
for legislation enhancing local government’s ability to address the graffiti vandalism p
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
on the 7 th day of JUNE , 1994 by the following vote, to wit:
AYES: Council. Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENK
(SEAL)
i