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Resolution No. 42341 RESOLUTION NO. 4234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA ESTABLISHING TERMS AND CONDITIONS OF A REWARD FOR INFORMATION LEADING TO THE IDENTITY, ARREST, AND CONVICTION OF PERSONS WHO APPLY GRAFFITI IN THE CITY WHEREAS, Section 53069.5 of the Government Code autho- rizes the City of Cypress to offer and pay a reward for information leading to the identify and apprehension of any person who willfully damages or destroys property in the City and for willful damage to public property, and further provides that such offender shall be liable for the amount of any reward paid; and, WHEREAS, Ordinance No. 901 , provides that the application of graffiti is willful misconduct which damages or destroys property, and authorizes the City Council to establish by resolution a reward leading to the identification and apprehension of any person who places graffiti on public or private property in the City of Cypress; and, WHEREAS, the City Council desires to establish terms and conditions for such a reward. NOW, THEREFORE, the City Council of the City of Cypress does resolve, declare, determine and order as follows: SECTION 1. The City hereby offers a reward of Five Hundred Dollars ($500.00) for information leading to the identity, arrest, and conviction of any person who violates Penal Code Sections 594, 640.5, or Article VI. of the Code of the City of Cypress, by applying graffiti to public or private property within the City. For the purpose of this Section, diversion of the violator to a community service program, or a plea bargain to a lesser offense shall constitute a conviction. SECTION 2. In the event multiple contributors of information, the reward shall be divided by the City Council in the manner it deems appropriate. SECTION 3. Claims for a reward shall be filed with the City Manager. Each claim shall: (a) Specifically identify the date, location, (owner, if known) and kind of property damaged or destroyed by graffiti. (b) Identify the date, the information provided, and the person receiving the information, which leads to the identity and arrest, or conviction of the person applying the graffiti. (c) Identify by name (if known) the person who was convicted, or who confessed to the damage or destruction of public or private property by graffiti. SECTION 4. No claim for reward shall be allowed by the City Manager unless the City Manager, Police Chief or their designated representative investigates or causes an investigation and verifies the accuracy of the claim and recommends that it be allowed. SECTION 5. No claim for reward shall be allowed by the City Manager, Police Chief or their designated representative unless so approved by the City Council. -1- 2 SECTION 6. No law enforcement officer, official or employee of the City shall be eligible for any reward pursuant to this Resolution. SECTION 7. Any person violating Penal Code Sections 594, 640.5 or Article VI. of the Code of the Cit of Cypress, shall be liable to the City for the amount of any reward paid pursuant to this Resolution and if such person is an unemancipated minor, his /her parent(s) or legal guardian(s) shall be liable to the City for the amount of any reward. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 23rd day of August , 1993. MAYOR OF THE CITY OPPRESS ATTEST: CITY CLERK F THE TY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the 23rd day of August 1993; by the following roll call vote: AYES: 5 COUNCIL MEMBER: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCIL MEMBER: None ABSENT: 0 COUNCIL MEMBER: None �C TY CL TH Y OF CYPRESS