Item 4 - Second Reading Ordinance 442 AGENDA REPORT SUMMARY
TO: Honorable ~.,ayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
BY: John D. Fitch, City Manager
Marjorie K. Wahlsten, City Clerk~
DATE: March 14, 1995
S~: Ordinance No. 442 - Second Reading
n February 28, 1995, the City Council intr duced and had t'e first reading on
rdina ce No. 442 - "An Ordinance of t'e Ci y of Poway, Cal fornia, Amedning Chapter
.56 o the Poway Municipal Code Regar lng raffiti" which the civil
iabil ty for parents or guardians of uven les convicted o graffiti offenses from
10,00- to $25,000. Staff recommends dopt on.
None required.
FISCAL IMPACT
None.
Notice was published in the ~in prior to first reading of the
ordinance.
RECOMMENDATION
f the City Council desires to adopt, read title and waive further reading of the
Ordinance by vote. Pass motion closing public hearing and adopting (roll
call vote).
ACTION
1 of 3 ~AR 1 4 1995 rr~M ~
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowerso×, City Mana~
INITIATED BY: John D. Fitch, Assistant City Manager
Marjorie K. Wahlsten, City Clerk
DATE: March 14, 1995
SUBJECT: Ordinance No. 442 - Second Reading
BACKGROUND
On Februar' 28, 995, the City Council introduced and had he first reading on
Ordinance o. 44 - "An Ordinance of the Cit' of Poway, Ca ifornia, Amedning
Chapter 9. 6 of he Poway Municipal Code Reg rding Graffit "which the
civil liab lity or parents or guardians of uveniles cony cted of graffiti
offenses from $1v,000 to $25,000. Staff rec mmends adoption.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
None required.
ADDITIONAL PUBLIC NOTIFICATION AND
Notice was published in the Pow Jews Chieftain prior to the first reading of
the Ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by vote. Pass motion closing public hearing and adopting
(roll call vote).
Attachment:
1) Ordinance
2 of 3 1WAR 1 ~ 1995 ~M 4
ORDINANCE NO. 442
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) ardian. Any violation by a minor of
Section 9.56.020(A) which results in damag to property, not in excess of
twenty-five thousand dollars, shall c use he parent or guardian, having
custod and control of the minor, to e jo ntly and severally liable with the
minor or any damages resulting from he w lful misconduct. The City Manager
shall ave the authority to seek reim ursement for victims of unauthorized
graffi i placement pursuant to Civil ode Section 1714.1.
Introduced and first r ad at a regular meeting of the City Council of
the City of Poway held the 2 th day of February, 1995, and thereafter PASSED
AND ADOPTED at a regular mee ing of said City Council held the __day of
, 1995, by the fol owing roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
])IAR l ,~ 1995 ITEM
3of3