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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