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HomeMy WebLinkAboutORD 1052ORD 1052$Í;¢f4À ORDINANCE NO. 1052 AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 9.20 OF THE MUNICIPAL CODE TO PROVIDE FOR A REWARD PROGRAM FOR INFORMATION LEADING TO THE DETERMINATION OF THE IDENTITY OF, THE APPREHENSION OF, AND THE CONVICTION OF ANY PERSON OR PERSONS WHO WILLFULLY DAMAGE OR DESTROY ANY PUBLIC OR PRIVATE PROPERTY IN THE CITY OF BALDWIN PARK BY PLACING GRAFFITI ON SAID PROPERTY IN VIOLATION OF LAW WHEREAS, graffiti is a blight to neighborhoods in the City and is a violation of State and local law, including Section 594 of the Penal Code of the State of California and of Section 9.20.010 of the Baldwin Park Municipal Code; and WHEREAS, the City is committed to eradicating graffiti through a variety of approaches; and WHEREAS, a graffiti offender reward program is an additional viable tool to combat this destructive property crime; and WHEREAS, Government Code Section 53069.5 authorizes a city to establish a reward program to combat willful damage or destruction of public and private property; NOW, THEREFORE, the City Council of the City of Baldwin Park ORDAINS as follows: SECTION 1. Chapter 9.20 of the Baldwin Park Municipal Code is hereby amended by adding a new Section 9.20.050, as follows: 9.20.050 Graffiti Offender Reward Program. A. The City Council is authorized to appropriate money from the general fund of the City, or from monies collected through asset seizures, to offer a reward to any individual providing information to the City leading to the arrest and conviction of anyone placing or applying graffiti or other inscribed material on or to any public or private property within the City. The City Council may appropriate such monies for this purpose by including such appropriation in its annual budget resolution, or by adopting a resolution or resolutions from time to time as may be warranted in the discretion of the City Council. B. The term graffiti or other inscribed material" is defined in accordance with Government Code Section 53069.3, as the same may from time to time be amended. C. Rewards may be offered to and paid to any person; provided, however, that no peace officer, official, officer, employee, appointee, or agent of the State of California, or any county or city therein, or any political subdivision thereof, shall be eligible to receive any reward offered under this section. D. The maximum amount of any reward shall not exceed One Thousand Dollars $1,000.00) per incident. E. The City Manager and designees shall establish procedures for public notification of this reward program, criteria for the offer and payment of rewards, and procedures for the making of offers to, submission of claims for, and the payment of, rewards under this section. In the event of any dispute concerning the offer of, a claim for, or payment of, any reward under this section, the determination of the City Council shall be final and conclusive. BIB] 37651-U01 ORD-U02 1052-U02 LI2-U03 FO4263-U03 FO4390-U03 DO4394-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1052-U05 AUG-U05 7-U05 1991-U05 ORD 1052$Í;¢f4À F. The City shall not be obligated to offer or pay any reward hereunder, but such offer and payment shall be at the sole discretion of the City. G. No offer of reward shall be made or payment made in the event that i) the City Council has not authorized by resolution the appropriation of funds as set forth in A) above, or ii) the funds appropriated by the City Council in accordance with subsection A) above have been expended. H. For any graffiti incident for which the City has paid a reward hereunder, the offender convicted of that incident, and if the convicted offender is an unemancipated minor the convicted offender's parent(s) or guardian(s), shall be liable for the reward amount paid by City pursuant to this section. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED on the 7th day of August 1991. MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1052 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of July, 1991. That thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 7th day of August,1991 by the following vote: AYES Councilmember IZELL,GALLEGOS,KEYSER, MAYOR PRO TEM MCNEILL NOES Councilmember NONE ABSENT: Councilmember MAYOR LOWES CITY CLERK BIB] 37651-U01 ORD-U02 1052-U02 LI2-U03 FO4263-U03 FO4390-U03 DO4394-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1052-U05 AUG-U05 7-U05 1991-U05