Carson Municipal Code Part 5 Parental Liabilities

Any person applying graffiti on City-owned property or within the incorporated area of the City shall have the duty to remove same within twenty-four (24) hours after notice by the City or the private owner of the property involved. The removal shall be done in a manner prescribed by the Director and may be deemed by the City to satisfy any payment or penalty that might otherwise be imposed. Any person applying graffiti shall be responsible for the removal or for the payment therefor. Failure of any person to remove the graffiti or to pay for its removal shall constitute an additional violation of this Chapter. Every person who defaces property by inscribing graffiti thereon shall be liable for any resulting damages incurred by the property owner in an amount not to exceed $10,000 for each such act of defacement. Pursuant to Section 1714.1(b) of the California Civil 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 the minor for such damages.

(Ord. 90-913 § 1; Ord. 94-1030 § 5)

The remedies provided in this Chapter are in addition to other remedies and penalties available under the Carson Municipal Code and the laws of the State of California.

(Ord. 90-913 § 1)

(a) Pursuant to California Government Code Section 53069.5, the City Council on April 3, 1989 approved the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity or whereabouts of any person or persons whose willful misconduct resulted in damage to property by reason of inscribing thereon graffiti as defined in CMC § 5401, to provide such information to the appropriate law enforcement authorities.

(b) By Resolution 90-094, the City Council established the "Graffiti Reporting Reward Fund" (hereinafter "the Reward Fund"). The Reward Fund is maintained in the City Treasury. The amount of the Reward Fund shall be maintained at $10,000. The maximum reward that may be paid out of the Reward Fund is $1,000 per person per incident reported. All contributions to the City by the public for the Reward Fund shall be deposited in the Reward Fund by the City Treasurer.

(Ord. 92-993 § 1)

(a) Persons who desire to receive a payment from the Reward Fund shall:

(1) Submit written, oral, physical or other evidence regarding the circumstances surrounding damage to property by reason of graffiti inscribed thereon to the Los Angeles County Sheriff's Department, the City's Public Safety Department, or to any other law enforcement agency; and

(2) Cooperate with the Sheriff's Department, the City Department of Public Safety and with any prosecuting attorneys during the investigation, trial preparation and trial phases of the criminal justice process involving persons suspected of causing the damage.

(b) Persons who satisfy the criteria listed in subsection (a) of this Section shall be considered for receipt of up to $1,000 reward upon the arrest and punishment of the person or persons charged with damage to property by inscribing graffiti thereon. For purposes of this Section, the term "punishment" includes, but is not limited to: (i) the imposition of criminal penalties following the conviction of, or entry of a plea of no contest by, the person charged with the offense; (ii) the voluntary enrollment by the person charged with the offense in the Los Angeles County Sheriff's Juvenile Diversion Program; or (iii) court imposed enrollment in counseling or other diversion programs.

(Ord. 92-993 § 1; Ord. 93-1016 § 1)

Law enforcement personnel and any Federal, State or City of Carson employee discovering the identity or whereabouts of a person or persons arrested for causing the damage during the scope and course of his or her employment shall not be eligible to receive a reward under this Part. Any person charged with causing, or complicity in, the damage shall not be eligible to receive the reward.

(Ord. 92-993 § 1)

(a) The City Administrator shall request that the Sheriff's Department furnish the City with a report of each person punished (as such term is defined in CMC § 5421(b)) for damage to property in the City of Carson by inscribing graffiti thereon. The report shall list the names of persons providing information to the Sheriff's Department or other law enforcement agency that assisted in obtaining the arrest or punishment of the person or persons causing the damage. Such report shall set forth the relative importance of the information submitted by each person, if there is more than one, and shall include a recommended pro rata distribution of the reward to persons who submit information leading to the punishment. The report shall be reviewed and approved by the Sheriff's Department officer handling the case or the attorney prosecuting the case. The City Administrator shall request that such report be submitted to the City within thirty (30) days of the punishment. If more than one (1) person is standing trial for causing the damage, the report shall not be forwarded until the last person charged is either punished or acquitted.

(b) Upon receipt of the report referred to in subsection (a) of this Section and any public comment, the City Council shall consider and approve or disapprove the disbursement of up to a $1,000 reward payment from the Fund per person and per incident. No money shall be paid out of such account without the approval of the City Council.

(Ord. 92-994 § 1; Ord. 93-1016 § 2)

In the event of an inconsistency between the provisions of Resolution 90-094 and this Part, the provisions of this Part shall control.

(Ord. 92-993 § 1)