As used in this chapter, the following terms shall have the
meanings set forth herein:
means any container, regardless of the material from which
it is made, which is adapted or made for the purpose of spraying paint
or other similar substances capable of defacing property.
means any indelible marker or similar implement with a tip
which, at its broadest width, is greater than one-eighth inch, containing
an ink.
means any inscription, word, figure or design that is marked,
etched, scratched, drawn or painted on any surface, without the express
permission of the owner (or owner's representative) of such surface,
regardless of the nature of the material of which the surface is composed.
means any implement capable of marking a surface to create
graffiti including, but not limited to, aerosol paint containers,
paint sticks, felt-tip markers or marking pens, marking instruments,
drill bits, grinding stones, scribers, glass cutters or etching tools,
or other implements capable of scarring glass, metal, concrete or
wood.
means any person or entity expressly authorized by the owner
of any property to permit another person to place inscriptions, words,
figures or designs upon such property, or any person or entity in
lawful possession of any property, whose right of possession includes
the authority to permit or allow inscriptions, words, figures or designs
to be placed upon such property.
means a device containing a solid form of paint, wax, epoxy
or other similar substance capable of being applied to a surface by
pressure and, upon application, leaving a mark visible from a distance
of twenty feet.
means an object which is capable of being attached to an
aerosol paint container for the purpose of spraying the substance
contained therein.
(Ord. 93-10 § 1 (6.14.304))
It shall be unlawful and a misdemeanor for any person to possess any graffiti implement, as defined in Section 9.08.010, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1.
(Ord. 93-10 § 3 (6.14.306))
It shall be unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section 9.08.010, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative.
(Ord. 93-10 § 4 (6.14.307))
Every person who owns, conducts, operates or manages a retail
commercial establishment selling aerosol paint containers, or felt-tip
marker or marking pens, shall store or cause such containers or pens
to be stored in an area viewable by, but not accessible to, the public
in the regular course of business without employee assistance, pending
legal sale or disposition of such containers or pens. It is the intent
of this section to permit, but not to require, viewability of aerosol
paint containers and felt-tip marker or marking pens while they are
stored or displayed pending retail sale.
(Ord. 93-10 § 5 (6.14.308))
Whenever the city manager or his/her designated representative
determines that graffiti or other inscribed material is so located
on public or privately owned permanent structures or public or privately
owned real property within this city as to be viewed by a person utilizing
any public right-of-way in this city, the city manager or designated
representative is authorized to provide for the removal of the graffiti
or other inscribed material upon the following conditions:
A.
In removing
the graffiti or other inscribed material, the painting or repair of
a more extensive area than necessary to remove the graffiti shall
not be authorized.
B.
When
a structure is owned by a public entity other than this city, the
removal of the graffiti or other inscribed material may be authorized
only after securing the consent of the public entity having jurisdiction
over the structure and such entity executes a release and waiver approved
as to form by the city attorney.
C.
Prior
to the removal of graffiti on private property, the city shall obtain
written consent of the property owner and the owner shall execute
an appropriate release and waiver approved as to form by the city
attorney. The owner shall be charged only for the actual cost incurred
by the city to remove the graffiti.
(Ord. 93-03 § 2 (6.14.301))
In the event the property owner of private property upon which graffiti or other inscribed material has been placed declines to consent to removal thereof by the city, or fails to remove the graffiti or other inscribed material within five calendar days after service of a notice of intent to remove graffiti, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.12.
(Ord. 93-03 § 2 (6.14.302))
Whenever graffiti has been removed from public or private property
at the expense of the city, each person who placed any of the graffiti,
and the custodial parents or guardians of any minor who placed any
of the graffiti, (hereinafter collectively the "responsible persons")
shall be legally responsible to reimburse the city for all costs for
removal of such graffiti as well as for the costs for law enforcement
services associated with the apprehension and prosecution of graffiti
perpetrators. Upon determination of the costs for removal and law
enforcement services, the finance director is authorized and directed
to invoice the aforesaid responsible persons for such costs. Such
costs shall be a debt jointly and severally owed to the city by such
responsible persons.
(Ord. 93-10 § 2 (6.14.305))
The city council determines that rewards for any information
leading to the identification, apprehension and conviction of any
person who has placed graffiti upon any public or private property
in the city shall be in a range from one hundred dollars to five hundred
dollars, to be specifically determined by the city manager and chief
of police based on the severity of the crime. The identity of those
seeking rewards shall be considered confidential and will not be released
to the public. The city council reserves the right to require that
the convicted offender reimburse the city for any reward paid, and
place the responsibility for such reimbursement upon the parent(s)
or legal guardian(s) of any minor so convicted.
(Ord. 93-03 § 2 (6.14.303))
