§ 4-12.409. Summary Abatement of Gang-Related Graffiti.

The proliferation of gang-related graffiti presents an imminent danger to the public safety and welfare of the community and constitutes a public nuisance. Law enforcement officials and other experts agree that the immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs. The presence of gang-related graffiti that is not immediately abated encourages the creation of additional graffiti, increases the risk of violence or retaliatory actions, and leads to increased abatement costs.

(a)

Notwithstanding any other provision of this chapter, the City is hereby authorized to summarily abate gang-related graffiti. The abatement may be undertaken by staff or outside contractors. For purposes of this section, "gang-related graffiti" shall be defined as graffiti that is placed on private or public property by person(s) reasonably believed by the Modesto Police department or the Neighborhood Preservation Unit to be a member of, or affiliated with, a criminal street gang, as that term is defined in subsection (f) of Penal Code Section 186.22.

(b)

The costs of summary abatement of gang-related graffiti and related administrative costs and expenses, including attorneys' fees, incurred by the City may be recovered as provided in MMC 4-12.408.

(Ord. No. 3625-C.S., § 1, effective 6-25-15)