Ordinance Number 577ORDINANCE NO. 577 342
AMENDMENT TO TITLE 5 OF THE MUNICIPAL
CODE - GRAFFITI PROHIBITED
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING MUNICIPAL CODE SECTION
5-13.02 ENTITLED "GRAFFITI PROHIBITED" TO
CHAPTER 13, "TRESPASSING," OF TITLE 5, "PUBLIC
WELFARE"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
Municipal Code Section 5-13.02 entitled "Graffiti
Prohibited" is hereby added to Chapter 13, "Trespassing," of
Title 5, "Public Welfare," to read as follows:
"Section 5-13.02. Graffiti Prohibited.
"a. Intent.
"Graffiti on public and private property is a
blighting factor which not only depreciates the
value of property, but also the value of the
adjacent and surrounding communities. Government
Code Section 53069.3 authorizes a city to enact
ordinances to provide for use of city funds to
remove graffiti from public and privately owned
permanent structures located within the City. The
City Council finds that graffiti or related
inscribed material is obnoxious and pursuant to
government Code Section 53069.3, authorizes that a
program be instituted allowing for the use of city
funds to remove graffiti on public and private
property. It is the Council's further intent to
provide for the prohibition of the placement of
graffiti on public and private property as herein
set forth.
"b. Graffiti Defined.
"Graffiti shall mean the unauthorized inscribing,
spraying of paint, or making of ink, chalk, dye or
other similar substances on public or private
buildings, structures and places.
"c. Graffiti Prohibited.
"(i) It shall be unlawful for any person to paint,
chalk, or otherwise apply graffiti or
inscribing material on public or privately
owned structures located on public or
privately owned real property within the
City.
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3 4 3 "(ii) It shall be unlawful for the owner of any
private property to permit graffiti or other
inscribed materials 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, parkway or alley,
providing the City has given the property
owner written notice to remove the graffiti
within a period of seven (7) calendar days,
and the seven-day period has elapsed.
"d. Procedure to Remove Graffiti by City, with Consent
"Whenever the (Maintenance Superintendent)
determines that graffiti or other inscribed
material is so located on public or private
property so as to be capable of being viewed by a
person utilizing any public right-of-way, and the
owner of the property consents to the removal by
the City of the graffiti, the City shall be
authorized to provide for the removal of the
graffiti.
"If the City provides for the removal of graffiti,
it shall not authorize nor undertake to provide
for the painting or repair of any more extensive
area than that where the graffiti is located.
"Prior to the removal of graffiti, the City shall
obtain written consent of the owner and the owner
shall execute an appropriate release prepared by
the City Attorney."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 1st day of
July 1986 .
KENNETH E. FRI SS, MAYOR
ATTEST:
ITY CLE7
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STATE -OF CALIFORNIA 344
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 577 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on June 17 , 1986 , and
adopted at a meeting held on July 1 ,1986 , by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
(SEAL)
MARY ANN NOVER, CITY CLERK
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