Chapter 9.08
PROPERTY OFFENSES
Sections:
9.08.010 Misuse of public property.
9.08.040 Vandalism of public monuments, public art displays, and other public property prohibited.
9.08.060 Vandalism and graffiti reward system fund.
9.08.070 Stay of proceedings during criminal prosecution.
9.08.010 Misuse of public property.
A. The term “public property” as used in this section includes all property of the United States, the state or any political subdivision thereof, including but not limited to parks, public grounds, streets, roadways, alleys, parking places, schools, school grounds and fairgrounds.
B. It is unlawful for any person to do any of the following on any public property without the consent of the agency owning or controlling such property:
1. Swim, bathe, wade, wash or otherwise use the waters of any fountain, pond, lake or other water areas for any purpose other than that for which the same has been designed or in any manner to pollute any such waters;
2. Camp, lodge or tarry overnight;
3. Cook or make any fire other than in or on facilities provided for that purpose.
C. When, in the opinion of the chief of police, a condition exists or is pending that constitutes a threat to the public health, safety or morals by reason of misuse of public properties and the city manager shall concur in such opinion, the city manager shall have the authority to close any public property in the city to the public use and exclude all persons therefrom until such condition has ceased to exist or no longer constitutes a threat to the public health, safety or morals. Any such action shall be presented to the city council for confirmation at the earliest practicable time. The city council shall have the authority to rescind any such action at any time. Any person who enters upon public property after having been notified of such action of the city manager, or remains on public property having been so notified, shall be in violation of this section. (Ord. 06-25 § 2 (part))
9.08.020 Purpose and intent.
It is the purpose and intent of Sections 9.08.020 et seq. to protect public monuments, public art displays, and other public property from forms of vandalism. The city finds and determines that all forms of vandalism are obnoxious and a public nuisance, as defined in Section 9.08.030, and must be abated to avoid the detrimental impact of such acts on the city and its residents, its cultural and artistic resources, and to prevent the further spread of vandalism. (Ord. 06-25 § 2 (part))
9.08.030 Definitions.
The following terms as used in Sections 9.08.020 et seq. shall mean the following:
A. “Vandalism” means any of the following malicious acts with respect to any real or personal property not his or her own: (1) defacing with graffiti or other inscribed material; (2) destroying; (3) damaging; (4) discoloring; and (5) marring.
B. “Public monuments” mean any monument, headstone, gravestone, statue, war memorial, building or any such place or artwork designated or owned by the city as a “public monument.”
C. “Public art displays” mean any public display of art on city property, art owned by the city, art maintained by the city, or any art located within the city funded through taxpayer dollars.
D. “Other public property” means, notwithstanding the definition contained in Section 9.08.010, all other types of public property that is owned by, under the control of, or maintained by the city. (Ord. 06-25 § 2 (part))
9.08.040 Vandalism of public monuments, public art displays, and other public property prohibited.
It shall be unlawful for any person to commit any act of vandalism to any public monument, public art display, or any other public property. (Ord. 06-25 § 2 (part))
9.08.050 Violation—Penalties.
A. General Civil Liability. Any person shall be civilly liable in a civil proceeding, which may be brought by the city or any member of the public, for damages to property, including attorney fees and court costs, incurred as a result of said person violating any provision of Sections 9.08.020 et seq. In the event any such action is brought by a member of the public, any monetary relief, other than attorney’s fees and court costs, shall be awarded to and on behalf of the city or other person whose property is damaged.
B. Parental Civil Liability. A parent or legal guardian of a child under the age of eighteen (18) shall be civilly liable in a civil proceeding, which may be brought by the city or any member of the public, for damages to property, including attorney fees and court costs, incurred as a result of said child violating any provision of Sections 9.08.020 et seq. In the event any such action is brought by a member of the public, any monetary relief, other than attorney’s fees and court costs, shall be awarded to and on behalf of the city or other person whose property is damaged.
C. Criminal Penalties. Vandalism, as defined by California Penal Code Section 594 and any other applicable statutes, shall be prosecuted to the fullest extent possible under California Penal Code Section 594 and any such applicable state statutes, which may include fines ranging from ten thousand dollars ($10,000) to fifty thousand dollars ($50,000).
D. Civil Penalties. Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of Sections 9.08.020 et seq. shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the city attorney or by any member of the public in any court of competent jurisdiction. The civil penalty prescribed by this subsection may be sought in addition to, and not in lieu of, any other remedy, including, but not limited to, criminal remedies, injunctive relief, specific performance or any other remedy. In the event any such action is brought by a member of the public, any civil penalty awarded shall be awarded to and on behalf of the city or other person whose property is damaged.
E. Community Service Requirement. The city shall seek, as a condition of probation for any person convicted of vandalism or affixing graffiti, community service pursuant to California Penal Code Section 594.6 and any other applicable state statutes.
F. Driving Privilege Suspension. In accordance with California Vehicle Code Section 13202.6, upon the conviction of any person for an act of vandalism while the person is thirteen (13) years of age or older in violation of California Penal Code Section 594, the city shall request that the sentencing court suspend that person’s driving privilege for one year. If the person convicted does not yet have the privilege to drive, the city shall request that the court order the California Department of Motor Vehicles to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. For each successive offense, the court shall suspend the person’s driving license privilege, or delay eligibility for those not in possession of a driver’s license at the time of their conviction, for one additional year. (Ord. 06-25 § 2 (part))
9.08.060 Vandalism and graffiti reward system fund.
A. City staff may establish a San Jacinto vandalism and graffiti reward system fund. All civil fines paid pursuant to Sections 9.08.020 et seq. shall be placed in the fund. The fund may also receive monetary designations from citizens, businesses and other organizations. Unless directed otherwise by the city council, the city manager, or designee, may direct the expenditure of monies in the fund, including, but not limited to, for the purpose of paying a reward pursuant to subsection B of this section.
B. The city may, from time to time, pay rewards in amounts established by the city council for information leading to the arrest and conviction or plea of guilty of any person for violation of California Penal Code Section 594 or 640.5, or any other applicable state statutes related to vandalism, including, but not limited to, graffiti.
C. No employee or official of the city shall be eligible for a reward pursuant to subsection B of this section.
D. Claims for rewards under subsection B of this section shall be in writing and filed with the city. Each claim shall specify the following information:
1. The date, location, and kind of property defaced with graffiti or vandalism;
2. The name of the person(s) who committed the defacement;
3. The circumstances under which the person making the claim has knowledge that the person(s) committed the defacement;
4. Documentary evidence, if any, indicating that the person(s) committed the defacement;
5. The name of the employee or official to which the person making the claim discussed the matter; and
6. That the person making the claim declares under penalty of perjury that the information in the claim is true and correct.
E. Payment of a reward pursuant to subsection B of this section shall only be made by the city after the arrest and conviction or plea of guilty by a person committing the graffiti for violation of California Penal Code Section 594, 640.5, or any other applicable state statutes related to vandalism, including, but not limited to, graffiti.
F. The person committing the vandalism shall be liable for the amount of any reward paid. If he or she is a minor, the parent or legal guardian of the minor shall be liable for the reward amount and other fines and costs as provided in Sections 9.08.020 et seq. (Ord. 06-25 § 2 (part))
9.08.070 Stay of proceedings during criminal prosecution.
In any case in which a criminal prosecution is pending or is about to be instituted for violation of California Penal Code Section 594 or 640.6, or any other law that authorizes a court to sentence a criminal defendant to remove, repair, or replace any acts of vandalism on property by that defendant, the city may suspend any civil action under Sections 9.08.020 et seq. In such a case, the civil action shall be suspended only in connection with any property concerning which the defendant is charged with vandalism, and only until such time as the defendant is sentenced or the case is otherwise resolved. The provision shall not prohibit a property owner or city from abating acts of vandalism from the subject property during such time as the civil or criminal proceedings are pending. (Ord. 06-25 § 2 (part))
9.08.080 Severability.
The provisions of this chapter are severable. If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application. (Ord. 06-25 § 2 (part))