§ 6-14

It is the purpose and intent of the City Council of the City, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement especially, but not limited to, graffiti on privately and publicly-owned walls which are hostile and destructive of the rights and values of private property owners as well as the total community. The power of graffiti to create fear within the community and blight upon the hardscapes, devaluing property and detracting from the sense of community enjoyed by residents of Ontario, is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. (§ 1, Ord. 2563, eff. January 20, 1994)

(a) “Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or any other substance capable of defacing property. (b) “Etching substance” means any type of liquid or paste product used to permanently etch glass. Ingredients of such etching liquids, etching pastes or etching baths may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid. (c) “Felt tip marker” means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-half (½) inch, containing an ink that is not water-soluble. (d) “Graffiti” means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any public or privately owned real or personal property.

(e) “Graffiti implement” means an aerosol paint container, a felt tip marker, paint stick, etching substance, or an etching tool capable of scarring glass, metal, concrete or wood. (f) “Paint stick” means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-half (½) inch in width, visible from a distance of twenty (20) feet, and not water-soluble. (§ 1, Ord. 2563, eff. January 20, 1994, as amended by § 1, Ord. 2745, eff. September 4, 2001)

It shall be unlawful for any person to apply graffiti on any public or privately-owned real or personal property within the City. (§ 1, Ord. 2563, eff. January 20, 1994)

Except as set forth in this chapter, it shall be unlawful for any person under the age of eighteen (18) years to have in his or her possession any graffiti implement, while upon public property, or upon private property, without the prior written consent of the owner of such private property, which consent shall specifically authorize the minor's presence while in the possession of a graffiti implement. The foregoing provision shall not apply while the person is attending or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of class, the need to use a graffiti implement. (§ 1, Ord. 2563, eff. January 20, 1994)

No person shall have in his or her possession any graffiti implement while on any public lands or facilities, such as: public park, parkway, median, playground, swimming pool, recreational facility, or while in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public, except as may be authorized by the City. (§ 1, Ord. 2563, eff. January 20, 1994)

It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, or otherwise furnished, any felt tip marker or paint stick to any person under the age of eighteen (18) years without the consent of the parent or other lawfully designated custodian of the person, which consent shall be given in advance in writing. (§ 1, Ord. 2563, eff. January 20, 1994)

No person, engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two (2) such acceptable methods for displaying a graffiti implement for sale shall be by containment in:

(a) A completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (b) In an enclosed area behind a sales or service counter from which the public is precluded from entry. (§ 1, Ord. 2563, eff. January 20, 1994)

It shall be unlawful for any person to loiter in, on or near any public or private property for the purpose of engaging in graffiti activity. (§ 1, Ord. 2563, eff. January 20, 1994)

(a) Rewards. Pursuant to Cal. Gov't Code § 53069.5, the City does hereby offer a reward of Five Hundred Dollars ($500.00) for information leading to the arrest and conviction of any person for violation of Cal. Penal Code § 594, by the use of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or at plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed with the City. Each claim shall: (1) Specifically identify the date, location and kind of property damaged or destroyed; (2) Identify by name the person who was convicted of or who confessed to the damage or destruction of the City property; (3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession. (c) No claim for a reward shall be allowed by the City Council unless an authorized representative of the City investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect. (d) The person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of the minor, shall be liable for any rewards paid pursuant to this section. (e) Reimbursement of car phone air time. The City shall reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti vandalism or existence of graffiti within the City limits in the amount of the direct phone charges exclusive of taxes, and the like, incurred by the person. (§ 1, Ord. 2563, eff. January 20, 1994)

(a) Maintaining graffiti unlawful. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property (“responsible party”) to permit property which is defaced with graffiti to remain so defaced for a period of seven (7) days after notice of violation and order to remove, unless: (1) The person shall demonstrate by a preponderance of evidence that he or she does not have the financial or physical ability to remove the defacing graffiti; or (2) It can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program in which case it shall be unlawful to permit such property

defaced with graffiti to remain defaced for a period of fifteen (15) days after notice of same. (b) Use of public funds. Whenever the City becomes aware, or is notified and determines that graffiti is so located on public or privately-owned property within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (c) Entry on private or public property; consent. Prior to entering upon private property or property owned by a public entity other than the City, for the purpose of removal of graffiti, the City shall secure the consent of the property owner, and a release of the City from liability for private or public property or liability damage. (d) Notice of violation. A notice of violation and order to remove shall be served on the responsible party by the City in the same manner as summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (commencing with Cal. Code Civ. Proc. § 415.10). If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Cal. Gov't Code § 6062. (e) Failure to remove after notice. If a responsible party fails to remove the offending graffiti within the time specified in this section, or if the City shall have required consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the City consistent with the terms of this section, the City may abate the graffiti as a nuisance as provided under this chapter. (f) Special assessment. In the event the City removes graffiti with the consent of the responsible party and the responsible party fails to reimburse the City for the cost of removal within thirty (30) days of notice of the amount of such costs, such costs shall be a special assessment against the property pursuant to Cal. Gov't Code § 38773.5 as set forth in Title 5, Chapter 22, §§ 5-22.05 through 5-22.08. (§ 1, Ord. 2563, eff. January 20, 1994)

The existence of graffiti within the City is a public and private nuisance, and may be abated pursuant Cal. Gov't Code § 38773.5 by procedures set forth in Title 5, Chapter 22, §§ 5-22.05 through 5-22.08. (§ 1, Ord. 2563, eff. January 20, 1994)

In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the Planning Commission shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement: (a) Use of anti-graffiti material. Anti-graffiti material of a type and nature that is acceptable to the Director of Public Works shall be applied to each of the publicly viewable surfaces on the improvements to be constructed on the site deemed by the Director of Public Works to be likely to attract graffiti (“graffiti attracting surfaces”); (b) Right of access to remove graffiti. City shall be granted the right of entry over and access to parcels, upon forty- eight (48) hours of posting of notice by authorized City employees or agents, for the purpose of removing or “painting

over” graffiti from graffiti attracting surfaces previously designated by the Director of Public Works, and the right to remove such graffiti; and (c) Supply City with graffiti removal material. City shall be provided sufficient matching paint and/or anti-graffiti material on demand for a period of two (2) years after imposing the condition, for use in the painting over or removal of designated graffiti attracting surfaces; (d) Owner to remove graffiti. Conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of same, which covenants shall run with the land and shall be for the benefit of the City, in a form satisfactory to the City, that the owner of the lots shall remove any graffiti placed thereon within seven (7) days after notice thereof. (§ 1, Ord. 2563, eff. January 20, 1994)

Any surface of a structure on a parcel of land placed in any land use other than residential which has been defaced with graffiti after removal more than five (5) times in six (6) months, or the immediate area surrounding the surface, shall be required to be retro- fitted, at the cost of the property owner of the lot, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. (§ 1, Ord. 2563, eff. January 20, 1994)

Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her, or his child under the age of eighteen (18) to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by the child, or by the graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. (§ 1, Ord. 2563, eff. January 20, 1994)

Any violation of this chapter shall be a misdemeanor. (§ 1, Ord. 2563, eff. January 20, 1994)

CHAPTER 15: SOLID WASTE DISPOSAL AND RECYCLING (REPEALED*)

CHAPTER 15: SOLID WASTE DISPOSAL AND RECYCLING (REPEALED*)

*Chapter 15 of Title 6, incorporating §§ 6-15.01 through 6-15.06, was repealed in its entirety by § 2, Ord. 2785, eff. November 16, 2003).

CHAPTER 16: REGULATION OF EPHEDRINE PURCHASES

CHAPTER 16: REGULATION OF EPHEDRINE PURCHASES

Section 6-16.01 Legislative purpose 6-16.02 Definitions 6-16.03 Limitations on sales 6-16.04 Penalties