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�e
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
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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
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