How Tough is Benicia's Graffiti Ordinance? Don't We Deserve an Ordinance That Works?

Tougher penalties in new regulations
By Helen Gao
UNION-TRIBUNE STAFF WRITER
May 22, 2008

SAN DIEGO – Graffiti vandals will have a harder time shoplifting spray paint and broad-tipped indelible markers under new regulations that have received preliminary approval from the San Diego City Council.

The revisions also include tougher penalties for graffiti vandalism. The changes will be adopted after a second reading that could take place as early as next week.

The new regulations will require stores to keep items that are used for graffiti either in a locked display case or in an enclosed area behind a service counter [does Benicia's ordinance require this? NO], out of easy reach of minors and shoplifters.

Currently, such items can be left in the open as long as they remain under constant supervision by an employee. However, the city's code compliance department has indicated that vendors are not providing constant supervision.

Under the updated ordinance, markers with a tip 4 millimeters or broader and that use non-water-soluble ink must be secured [does Benicia's ordinance require this? NO]. Other items that are already regulated as potential graffiti tools include aerosol paint and glass-etching products.

The ordinance, which got preliminary approval last week, also updates the municipal code by incorporating state penalties for graffiti offenses [does Benicia's ordinance require this? NO] . Under those guidelines, vandals can be charged with a felony and get a state prison sentence of up to three years, pay up to $10,000 in fines and full restitution to victims and perform community service. State law also allows enhanced penalties for defacing cemeteries and houses of worship [does Benicia's ordinance require this? NO] .

The municipal code, as it stands today, provides only for misdemeanor prosecutions of graffiti violators.

The new ordinance further requires the offices of the mayor and city attorney to provide annual reports to the City Council [does Benicia's ordinance require this? NO]Committee on Public Safety and Neighborhood Services about graffiti cleanup and enforcement efforts.

The city has budgeted $1.6 million this fiscal year for graffiti abatement, enforcement and public education. That amount does not include what other agencies and private-property owners spend. The city receives 2,300 to 3,000 requests for graffiti removal per month.

Sound familiar? It does to me.

Racist graffiti scrawled in bathroom of Stratford city hall Wed, October 22, 2008
By JOE BELANGER, SUN MEDIA

Two men are charged after a washroom at Stratford city hall was defaced with racist images and slurs in what police describe as a "deplorable" hate crime.

"It's deplorable that someone in today's society would make such derogatory comments against any race or religion and the courts have been tough on these crimes and I expect they'll see a very, very stiff penalty," said Insp. Sam Theocharis.

Police said two men entered the washroom on the bottom floor Tuesday and covered the walls in racial slurs written in white chalk that demeaned several races and religious groups. There was also a "hang man" drawing with a racial slur against blacks and a happy face beside the stick image of a person being hanged.

Witnesses who entered the bathroom before and after the two men entered and left the washroom were interviewed, police said.

An angry Stratford Mayor Dan Matheson said he was sickened by the images.

"I'm alarmed by it," said Matheson. "I saw the information written on the wall and it's beyond reprehensible. It speaks to the lack of understanding these people possess as to what this community is all about - a diverse community, one that embraces different cultures, races and religions."

Matheson said he's heard of other racial slurs written at locations around the city, but it was always the work of misguided juveniles.

"This is the first time these kinds of words have been put in place with such an alarming boldness," said Matheson. "These people wanted to make a statement."

A video-surveillance camera led police to the suspects.

Both men — who are known to police and whose names weren't released since the charges have yet to be sworn — are charged with mischief and breach of probation.

-Joe Belanger is a Free Press reporter.

London Free Press