Hemet Municipal Code Art. II Graffiti Control

Footnotes:

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Editor's note— Ord. No. 1464, § 3, adopted Jan. 26, 1993, repealed Ord. No. 1376, provisions of which were codified as §§ 46-31—46-35 and pertained to graffiti control. Sec. 2 of Ord. No. 1464 enacted new provisions pertaining to the same subject matter set out herein as §§ 46-31—46-34.

Pursuant to Government Code Section 53069.3, the purpose of this chapter is to provide for the removal of graffiti from public and private structures.

(Ord. No. 1464, § 2, 1-26-93)

As used in this article, "graffiti or other inscribed material" includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component. Nothing contained in this article shall preclude the abatement of graffiti or other inscribed materials as a public nuisance as otherwise authorized by law.

(Ord. No. 1464, § 2, 1-26-93)

The city council hereby finds that graffiti or other inscribed materials is obnoxious.

(Ord. No. 1464, § 2, 1-26-93)

Whenever the chief of police or his/her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this city so as to be capable of being viewed by persons utilizing any public right-of-way in this city, the police chief or his/her designated representative is authorized to provide for the removal of the graffiti solely at the city's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

(1) The painting or repair is limited to the area reasonably required to remove the graffiti.

(2) The removal of graffiti as authorized by this chapter may be performed only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner.

(Ord. No. 1464, § 2, 1-26-93)

(a) Definitions. [For the purposes of this section the following words shall have the meaning ascribed thereto:]

"City" means the City of Hemet.

"Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

(b) [Regulations.] Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(c) Violation. Violation of this section shall be a misdemeanor.

(Ord. No. 1472, §§ 2, 3, 3-23-93)

Editor's note— Ord. No. 1472, §§ 2, 3, adopted Mar. 23, 1993, enacted provisions pertaining to display and sale of spray paint and marker pens. Such provisions have been designated by the editor as § 46-35 for purposes of classification.

(a) Authorization to county. Consistent with the findings in section 46-37, and to the maximum extent legally permissible, the city elects for the probation officer of the county to recoup the city's costs pursuant to Welfare and Institutions Code section 742.16.

(b) Future amendments. The findings in section 46-37 may be amended by resolution from time to time.

(Ord. No. 1755, § 1, 9-27-05)

(a) Costs of investigation and apprehension. The police department incurs costs in identifying and apprehending a person subsequently convicted of violation of section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code or a minor subsequently found to be a person described in section 602 by reason of the commission of an act prohibited by section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code. On average, investigation and apprehension of such an individual requires three hours of a police officer's time, 20 minutes of a police sergeant's time, ten minutes of a dispatcher's time, and 15 minutes of an office specialist's time. The fully burdened rate for each of these employees is $100.44, $140.30, $65.53, and $ 50.76, respectively. The fully burdened rate includes the average hourly cost of employee time (such as salary and benefits), the costs of fixed assets, and the costs per mile of operating patrol vehicles (such as gas and the wear and tear on vehicles). The total average cost to the city in identifying and apprehending such a person is therefore $371.70.

(b) Cost of removal. Pursuant to Government Code section 53069.3, the city has opted to incur costs in removing graffiti and other inscribed material. The average removal cost is $70.00 per hour. This cost includes the cost of materials, and the cost of labor. An average job takes 45 minutes to complete. The total average cost to the city per incident is therefore $52.50.

(Ord. No. 1755, § 1, 9-27-05)