Loading...
R 3194 . . RESOLUTION NO.3194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE CITY'S GRAFFITI ABATEMENT PROGRAM AS REQUIRED BY CALIFORNIA ASSEMBLY BILL 2295 OF THE 1996 LEGISLATIVE SESSION r WHEREAS, the City of Arroyo Grande recognizes graffiti as a blight on the community and as a public nuisance which needs to be eliminated; and WHEREAS, the City of Arroyo Grande currently has a Graffiti Abatement Program which relies upon community cooperation and participation; and . WHEREAS, the current Graffiti Abatement Program has been effective in identifying and removing graffiti within the City limits; and WHEREAS, the City of Arroyo Grande does further desire that those who commit acts of graffiti and, if a minor, their parents be held accountable for the removal and prevention of graffiti as allowed in Assembly Bill 2295. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF ARROYO GRANDE HEREBY RESdL VES that its current voluntary Graffiti Abatement Program as depicted on Attachment "A" conforms with Penal Code Section 594(f) as amended by California Assembly Bill 2295 of the 1996 legislative session. On motion of Council Member Fuller , seconded by Council Member Lady , and on the following roll call vote, to wit: A YES: Council Members Fuller, Lady, Tolley, Runels, and Mayor 1X>ugall NOES: None ABSENT: None January , /I tLt"1jjv a. ~ t ATTEST: NANCY A. VIS, CITY CLERK . . RESOLUTION NO. 3194 Page 2 .. APPROVED AS TO FORM: APPROVED AS TO CONTENT: .. ~L.Jt~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No. 3194 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 14th day of January , 1997. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 16th day of January , 1997. ~ MA..-~ (1. ~ NANCY A. D IS, CITY CLERK \:.- . . ATTACHMENT "A" CITY OF ARROYO GRANDE GRAFFITI ABATEMENT PROGRAM I. POLICY STATEMENT [ The City of Arroyo Grande has determined that graffiti is a blight on the community and, as such, is a public nuisance which must be abated so as to avoid the detrimental impact of graffiti within the City and to prevent the further spread of graffiti. II. , GRAFFITI DEFINED For the purposes of the Graffiti Abatement Program, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances or by carving, etching or other engraving of public and private buildings, structures, and places. III. GRAFFITI PROHIBITION Statutes governing the prohibition of graffiti are currently found in Penal Code Sections 594, 594.1, 594.3, 594.4, 594.6, 594.8, 640.5, 640.6, 640.7, and 4024.2, Welfare and Institutions Code Section 729.1, and Government Code Section 53069.3. IV. ADMINISTRA TION The Graffiti Abatement Program is administered by the Police Department with support from the Department of Public Works and the Department of Parks and Recreation. V. PROCEDURE The City of Arroyo Grande Graffiti Abatement Program relies upon community cooperation and participation. The procedure_ utilized in the Graffiti Abatement Program is as follows: A. Reporting The existence and location of graffiti is reported to the Police Departm~nt via: 1 . Observation by patrol officers, [ 2. Reported by a member of the community, 3. Observed by a City employee (generally a Public Works or Parks and Recreation field crew) and reported to the Department, or 4. Observed and reported by the Arroyo Grande Police Department Citizen Patrol Program. . B. Documentation 1. The Police Department responds to the location of the graffiti and documents the incident, including photographs. 2. Copies of the photographs are provided to the San Luis Obispo County Gang Task Force and the South County Juvenile Task Force in an effort to identify the perpetrator. c. Removal Once the graffiti is documented by the Police Department, one of the following will occur: 1. If the graffiti is on private property, the' owner of the property is contacted by the Police Department and requested to remove the graffiti as soon as possible. 2. If the graffiti is on- private property, exposed to public view, and the owner of the property is unable to remove it, the Department of Public Works will be contacted and will, upon receiving written approval of the property owner, remove the graffiti. 3. Graffiti located on City property is removed promptly after it is discovered and documented. This will be done by either the Department of Public Works or the Department of Parks and Recreation, depending where the graffiti is found. 4. Graffiti located on other public property is to be referred to the agency responsible for that property for removal. The Police Department will monitor the situation to ensure the graffiti is removed in a timely manner. VI. OFFENDER RESPONSIBILITIES A. Whenever possible, those persons who commit acts of vandalism involving graffiti will be required to actively assist in its removal and to assist the City in removing graffiti from other properties. This will be accomplished as follows. 1 . Those persons participating in the Arroyo Grande Police Department Juvenile Diversion Program may be assigned to graffiti \. removal activities within the City. 2. Those persons assigned by the courts to perform community service for the City of Arroyo Grande may be assigned to graffiti removal activities. . 3. Those persons convicted in the court for acts of graffiti per Penal Code Sections 594, 594.1, 594.3, 594.4, 640.5, 640.6, and/or 640.7' will be required to: a. Clean-up, repair, or replace the damaged property, and b. To keep the damaged property or another specified property r in the community free of graffiti for up to one (1) year. . . In those instances where the defendant is a minor (under 1 8 years of age), the defendant's parents or guardian, may be required to participate in the removal and prevention of graffiti as prescribed in this section. B. Persons performing graffiti removal and prevention activities under this provision will be assigned through the Police Department to the Department of Public Works and/or the Department of Parks and Recreation for assignment of specific tasks and supervision. Any failure to perform required tasks will be reported to the Police Department which will, in turn, report said failure to the appropriate court/correctional officials. ",- l .