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Item 16 - Updating Graffiti OrdinanceAGENDA REPORT SUMWMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana INITIATED BY: John D. Fitch, Assistant City Manage Of Stephen M. Eckis, City Attorney DATE: February 28, 1995 SUBJECT: Updating Graffiti Ordinance per Legislative Amendments ABSTRACT Poway Municipal Code Section 9.56.080 may be amended to reflect increased liability from $10,000 to $25,000 for parents of youths convicted of graffiti offenses. ENVIRONMENTAL REVIEW Not applicable. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council hold first reading of an ordinance amending Poway Municipal Code Section 9.56.080 to raise civil liability of parents or guardians of juveniles convicted of graffiti offenses from $10,000 to $25,000 to reflect a change in state law and continue public hearing to March 14, 1995 for second reading of the ordinance. ACTION Helo first readin nSecond reading set for March 14, 1995. Marie Lofton, ep ty City Clerk 1 of 3 FEB 2 8 1995 ITEM 1 CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana´┐Że INITIATED BY: John D. Fitch, Assistant City Manager Stephen M. Eckis, City Attorney DATE: February 28, 1995 SUBJECT: First Reading of Ordinance Amending Poway Municipal Code §9.56.080, Liability of Parent or Guardian, to be Consist with Changes in State Law BACKGROUND Poway Municipal Code Chapter 9.56 implements state law for the control of graffiti in the City. Effective January 1, 1995, the State Legislature incre sec the civil liability for parents or guardians of juveniles convicted of graffiti offenses from $10,000 to $25,000, by amending Section 1714.1 of the Code of Civil Procedure. FINDINGS Poway Municipal Code Section 9.56.080, which mirrors Section 1714.1 of the Code of Civil Procedure, imposes civil liability on parents of juveniles convicted of graffiti offenses up to $10,000. This section should be amended to reflect the new civil -liability ceiling of $25,000 imposed by state law. FISCAL IMPACT None ENVIRONMENTAL REVIEW Not applicable. PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council hold first reading of an ordinance amending Poway Municipal Code Section 9.56.080 to raise civil liability of parents or guardians of juveniles convicted to graffiti offenses from $10,000 to $25,000 to reflect a change in state law and continue public hearing to March 14, 1995 for second reading of the ordinance. Attachments: Proposed Ordinance FEB 28 9995 ITiE 16 2of3 ORDINANCE NO. 95 - AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING CHAPTER 9.56 OF THE POWAY MUNICIPAL CODE REGARDING GRAFFITI WHEREAS, the City Council has adopted Chapter 9.56 of the Poway Municipal Code to prohibit graffiti and to impose criminal penalties, cleanup procedures, and parental civil liability; and WHEREAS, effective January 1, 1995, Section 1714.1 of the California Civil Code was amended to allow for civil liability of parents or guardians of juveniles convicted of graffiti offenses to a maximum of $25,000 per incident; WHEREAS, the parental liability for graffiti under the Poway Municipal Code should be increased to conform to state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS FOLLOWS: Poway Municipal Code Section 9.56.080 shall be amended to read as follows: 9 56 080 Liability of parent or guardian. Any violation by a minor of Section 9.56.020(A) which results in damage to property, not in excess of twenty-five thousand dollars, shall cause the parent or guardian, having custody and control of the minor, to be jointly and severally liable with the minor for any damages resulting from the wilful misconduct. The City Manager shall have the authority to seek reimbursement for victims of unauthorized graffiti placement pursuant to Civil Code Section 1714.1. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 28th day of February, 1995, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the day of , 1995, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: DON HIGGINSON, Mayor ATTEST: MARJORIE K. WAHLSTEN, City Clerk 3 of 3FEB 2 8 1995 I 16