It is the intent and purpose of the city council, through the adoption of this chapter, to provide additional enforcement tools beyond those set forth in Chapter 8.06 of the Placentia Municipal Code to protect public and private property from the acts of vandalism and defacement especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and values of private property owners as well as the total community.
It is further the intent of the city council, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the city will strictly enforce all laws prohibiting graffiti, including, but not limited to, California Penal Code Sections 594, 594.1, 640.5 and 640.6, California Vehicle Code Section 13202.6, and the provisions of this chapter.
Graffiti has been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities.
The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from the sense of community enjoyed by the residents of Placentia, goes beyond the cost of clean-up or removal and is such that the city council finds it necessary to enact regulations for the display, sale and possession of graffiti implements and to provide for a reward, under certain circumstances, for information leading to the arrest and conviction of any person for violation of this chapter.
Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that residents desire in their neighborhoods.
Acts of graffiti are most often committed by persons under the age of 18 years using aerosol containers of spray paint or felt-tip markers, or both. These implements of graffiti are frequently stolen from retail stores by minors, and, as such, retail stores that display or sell these implements should be required to take reasonable steps to prevent their theft.
California Government Code Section 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. Unless the city causes graffiti to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that the entire neighborhood is affected and becomes a less desirable place in which to be.
(Ord. 93-O-111 § 1, 1993; Ord. O-2025-01, 2/18/2025)
As used in this chapter:
"Felt-tip marker or marking pen"
means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch (1/8"), containing an ink.
"Graffiti"
means any inscription, word, figure or design 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.
"Graffiti implement"
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, gum labels, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools, or other implements capable of scarring glass, metal, concrete or wood.
"Gum label"
means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface is not easily removable.
"Minor"
means any person under 18 years of age.
"Owner's representative"
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.
"Paint stick"
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 20 feet.
"Responsible party"
means any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of personal or real property on which there exists graffiti. "Responsible party" shall also include any minor (or parent or guardian of a minor) or other person who causes or permits the application of graffiti or other inscribed material. "Responsible party" shall also include the city within the scope and meaning of Subsection (k)(5) of California Penal Code Section 1202.4 when the graffiti occurs on the city's property or when the graffiti occurs on public or private property that is not owned by the city and the city, after notice to the property owner, undertakes to clean up the graffiti on private property.
"Spray actuator," also known as a "spray tip," "nozzle" or "button"
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-O-111 § 1, 1993; Ord. O-2025-01, 2/18/2025)
It is unlawful, and a misdemeanor, for any person to apply graffiti, as defined in Section 10.56.020 of this chapter, on any publicly or privately owned property located on publicly or privately owned real property within the city without the express prior written consent of the owner or the owner's representative.
(Ord. 93-O-111 § 1, 1993)
It is unlawful, and a misdemeanor, for any person to possess any graffiti implement, as defined in Section 10.56.020 of this chapter, 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 as amended.
(Ord. 93-O-111 § 1, 1993)
It is unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section 10.56.020 of this chapter, 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-O-111 § 1, 1993)
It shall be unlawful and a misdemeanor for any person or business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any graffiti implement except in an area from which the public shall be securely precluded from entering without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry.
Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of the California Penal Code Section 594.1(c) by posting signs as described therein
It is the intent of this section to permit, but not to require viewability of aerosol paint containers and felt-tip markers or marking pens, where they are stored or displayed, pending retail sale.
(Ord. 93-O-111 § 1, 1993; Ord. O-2025-01, 2/18/2025)
(a) 
Right of City to Require Removal. It is unlawful for any person who is the owner, or who has primary responsibility for control, repair and/or maintenance, of property ("responsible party"), to cause, allow or permit the property which is defaced by graffiti to remain so defaced for a period of five or more days after service by the city by first class mail or personal service of notice to abate the same, unless: (1) the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the graffiti; or (2) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to cause, allow, or permit such property to remain defaced with graffiti for a period of seven or more days after service by first class mail or personal service of the notice to abate.
(b) 
Right of City to Remove.
(1) 
Use of Public Funds. Whenever the city becomes aware, or is notified and determines, that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city determines that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community.
(2) 
Right of Entry on Private Property.
(A) 
Securing Consent. Prior to entering upon private property or property owned by a public entity other than the city, for the purposes of abatement of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property damage.
(B) 
Failure to Obtain Consent. If a responsible party fails to remove graffiti within the time herein specified, or if the city has requested consent to remove or paint over the graffiti and the responsible party has refused consent for entry on terms acceptable to the city consistent with the provisions of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of Chapter 8.06 of this code, which procedures authorize the recovery of all costs incurred by the city in abating graffiti including the recordation of a lien against the affected property.
(c) 
Ease of Removal Provisions.
(1) 
Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable and other utility operating in the city, other than an electric utility, shall paint above-surface metal fixtures which are installed after the effective date of this section with a uniform paint type or color.
(2) 
Conditions on Encroachment Permits. Encroachment permits issued by the city may, among other things, be conditioned on: (A) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city; (B) the immediate removal by the permittee of any graffiti; (C) the right of the city to remove graffiti or to paint the encroaching object or structure; (D) the permittee providing city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.
(3) 
Conditions on Discretionary Approvals. In imposing conditions upon use permits, variances, building permits to the extent permitted by this code, or other similar land use entitlements or development or design applications, the city may impose graffiti removal requirements or any or all of the following conditions, or other similar or related conditions:
(A) 
Use of Anti-Graffiti Material. The applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city to those publicly viewable surfaces to be constructed on the site deemed by the city to be likely to attract graffiti (graffiti attracting surfaces). To enhance the visual appearance of the structure while discouraging vandalism, any new or modified block wall or building with unobstructed access which abuts the public right-of-way, watershed channel, railway, or public alley must incorporate a mechanism to deter graffiti, which may be one or more of the following methods: graffiti-resistant coatings, faux landscaping affixed to the vertical surface, live landscaping, security measures and/or deterrents, or another technique approved by the development services director or designee.
(B) 
Right of Access to Remove Graffiti. The applicant, as a condition of approval, shall grant, in writing, the right of entry over and access to such parcels, upon 48 hours' posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti on graffiti attracting surfaces previously designated by the city. Such grant shall be made an express condition of approval and shall be deemed to run with the land and shall include provisions for reimbursement of costs and expenses incurred by the city in such abatement activities.
(C) 
Supply City With Graffiti-Removal Material. The applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces.
(D) 
Immediate Removal of Graffiti. Persons applying for subdivision or parcel maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to the city, that the owners of the lots shall immediately remove any publicly viewable graffiti to the city's satisfaction.
(E) 
Repeat Graffiti Locations. For private property structures that a code enforcement officer or police officer has identified as being prone to repeated graffiti, the property owner must utilize graffiti-resistance coatings, faux landscaping affixed to the vertical surface, live landscaping, security measures and/or deterrents, or another technique approved by the development services director or their designee in order to enhance the visual appearance of the structure while discouraging vandalism.
(d) 
Pursuant to California Civil Code Section 1714.1(b) and Government Code Sections 38772, 38773.2, and 38773.6, the city council hereby makes the expense of abatement of graffiti violations of law committed by minor a personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor (who shall be jointly and severally liable with the minor), and an assessment against the property of the minor or an assessment against the property of the parent(s) or legal guardian(s) having custody and control of the minor.
Pursuant to California Civil Code Section 1714.1(b) and Government Code Sections 38772, 38773.2, and 38773.6, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor.
Pursuant to Government Code Section 38773.7, upon a second or subsequent civil or criminal judgment within a two-year period, the city may find that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor is responsible for the graffiti and request the court to impose treble damages.
Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Section 10.56.110 of this chapter. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law.
The liability of each parent or guardian shall not exceed $37,000, or any future amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c).
Disposition of criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.
(Ord. 93-O-111 § 1, 1993; Ord. O-2009-13 § 2, 2009; Ord. O-2025-01, 2/18/2025)
(a) 
Pursuant to the provisions of California Government Code Section 53069.5, as the same may be amended from time to time or any successor provision or provisions thereto, the city may, from time to time, offer a reward in an amount and as to such locations, as may be set by resolution of the city council, for information leading to the arrest and conviction of any person for violation, within the city, of California Penal Code Section 594, 594.3, 640, 640.5 or 640.6, as the same may be amended from time to time or any successor provision or provisions thereto, or Section 10.56.030, 10.56.040, 10.56.050 or 10.56.060 of this chapter. In the event of multiple contributions of information, the reward amount shall be divided by the city, in its sole discretion, in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
(b) 
Claims for rewards under this section shall be filed with the city. Each claim shall:
(1) 
Specifically identify the date, location and type of property damaged or destroyed;
(2) 
Identify by name the person who was convicted;
(3) 
Identify the court and the date upon which the conviction occurred;
(4) 
Be in writing and filed within 90 days of such conviction.
(c) 
No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.
(d) 
The person committing the graffiti-vandalism, and if an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section pursuant to the provisions of California Government Code Section 53069.5 as the same may be amended from time to time or any successor provision or provisions thereto.
(Ord. 93-O-111 § 1, 1993; Ord. O-2009-13 § 3, 2009)
Notwithstanding the provisions of Section 10.56.070, the director of public works may summarily abate graffiti on private property in the city if such graffiti is open and notorious and visible from any public thoroughfare without bringing the matter before the city council, when it is determined that summary abatement is reasonably required for the health, safety or welfare of the community. The city, as represented by its own employees or its designated representatives, is authorized to enter onto private property if such entry is reasonably required to abate such graffiti. Except in emergencies, entry onto private property for the purpose of summary abatement shall be made only after 36 hours advance written notice delivered to the property owner or other person in possession of the property or by posting such notice in a conspicuous place on the property and at least one attempt to provide personal or telephonic notice has been made. Said notice shall inform the recipient that he or she may be heard by the director of public works or designee prior to the initiation of summary abatement. Cost recovery proceedings for the summary abatement of graffiti shall be pursuant to the provisions of Chapter 8.06 of this code.
(Ord. 95-O-109 § 1, 1995; Ord. O-2009-13 § 4, 2009)
(a) 
Criminal Penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a one thousand dollar ($1,000.00) fine, or by both such fine and imprisonment, by payment of any and all costs of cleanup and repair, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by California Penal Code Section 594, as the same may be amended from time to time or any successor provision or provisions thereto, and/or any other provision of law.
(b) 
Additional Penalties Available. Whenever deemed appropriate, the city shall be authorized to petition a sentencing court to impose the following additional penalties upon conviction:
(1) 
Litter or graffiti cleanup pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Section 23111, 23112 or 23113(a) as the same may be amended from time to time or any successor provision or provisions thereto;
(2) 
Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code Section 13202.6, as the same may be amended from time to time or any successor provision or provisions thereto, upon a graffiti-vandalism conviction;
(3) 
Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in California Welfare and Institutions Code Section 742.16, as the same may be amended from time to time or any successor provision or provisions thereto;
(4) 
Performance of community service, including graffiti removal service of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the city, as provided in California Welfare and Institutions Code Section 729.8, as the same may be amended from time to time or any successor provision or provisions thereto;
(5) 
Payment of law enforcement costs upon conviction of a violation of California Penal Code Section 594 as the same may be amended from time to time or any successor provision or provisions thereto;
(6) 
Payment by parents or guardians of restitution to owners and possessors of property damaged by graffiti, law enforcement costs, and costs of graffiti removal and repair of property incurred by the city, as provided in California Welfare and Institutions Code Section 742.18, as the same may be amended from time to time or any successor provision or provisions thereto.
(c) 
It is the city's further intent that pursuant to California Penal Code Section 640.6(a), as the same may be amended from time to time or any successor provision or provisions thereto, all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594 et seq., as the same may be amended from time to time or any successor provision or provisions thereto, or this chapter.
(d) 
Pursuant to California Civil Code Section 1714.1, as the same may be amended from time to time or any successor provision or provisions thereto, any parent or legal guardian whose minor child possesses a graffiti implement, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by the child, or by the graffiti implement, and for all attorneys' fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to $10,000.
(Ord. 93-O-111 § 1, 1993; Ord. O-2009-13 § 5, 2009)
(a) 
Whenever a person applying or inscribing graffiti has been identified by the police department or other law enforcement agency and the city and/or the responsible party, as defined in Section 10.56.070 of this chapter, have expended funds to remove or otherwise eradicate the graffiti, regardless of location, which was caused or contributed to by the identified person, the city may recover the funds expended in accordance with the procedures set forth hereinafter.
(1) 
The city or responsible party shall promptly submit an itemized statement of expenses incurred along with appropriate documentation to the police department.
(2) 
The police department shall work in conjunction with the court and/or diversion system to submit a demand for payment, requesting that payment be ordered to be made to the city within 10 days of receipt of the notice. The demand for payment shall be requested during the criminal adjudication process or diversion program and shall provide the offender with notice of appeal procedures.
(3) 
If the person identified is a minor, then, pursuant to the provisions of California Government Code Section 53069.3(d), as the same may be amended from time to time or any successor provision or provisions thereto, the police department shall submit a demand for payment to the minor and the minor's parents or guardian having custody and control of the minor, ordering payment be made within 10 days. The demand for payment shall also provide the parent or guardian with notice of appeal procedures.
(b) 
Appeals from the demand for payment shall be made, in writing, in accordance with the provisions of Chapter 1.10 of this code and must be filed within 10 days after service of the demand.
(c) 
Pursuant to the provisions of California Government Code Sections 38772, 38773.2 and 38773.6, as the same may be amended from time to time or any successor provision or provisions thereto, the parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor for the funds expended by the city and/or responsible party. If payment is not made within 30 days from the date of the demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of $100 plus interest on the unpaid amount, which interest shall accrue at the rate of one and one-half (1.5) percent per month until paid.
(d) 
In the event payment is not made within 30 days of the demand for payment, the unpaid amount, including any penalty assessment and interest thereon, shall constitute a lien pursuant to the provisions of California Government Code Sections 38772 and 38773.2, as the same may be amended from time to time or any successor provision or provisions thereto, against the property of the minor and against the property of the parent or guardian having custody and control of the minor. Upon notice pursuant to the provisions of California Government Code Section 38773.2, as the same may be amended from time to time or any successor provision or provisions thereto, the city shall record a notice of lien. Any such lien not paid by June 30th of each year, may, upon adoption of a resolution by the city council, be collected along with and in the same manner as general property taxes. The liened property shall be subject to the penalties, procedures and sale in case of delinquency as provided by the California Civil Code.
(e) 
As an alternative to a lien and, pursuant to the provisions of California Government Code Section 38773.6, as the same may be amended from time to time or any successor provision or provisions thereto, the funds shall constitute a special assessment against a parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. Any such assessment shall be collected as provided for in California Government Code Section 38773.6, as the same may be amended from time to time or any successor provision or provisions thereto.
(f) 
In addition to any other remedy provided for herein or available at law, the amount owed pursuant to the provisions of California Government Code Section 38772, as the same may be amended from time to time or any successor provision or provisions thereto, shall constitute a personal obligation against the offender, or, if a minor, the minor and the parent or guardian having custody and control of the minor.
(g) 
Fund recovered by the city on behalf of a responsible party shall be forwarded to the responsible party within 10 days of receipt by the city. In the event the full amount of the demand is not received, then the amounts recovered shall be shared between the responsible party and the city on a pro rata basis.
(Ord. O-2009-13 § 6, 2009)
The city council may, from time to time hereinafter, contract with private or public agencies to implement graffiti removal throughout the city. In furtherance thereof, the city may enter into franchise agreement(s) authorizing such agencies to perform such graffiti removal and related tasks, including, but not limited to, documenting the date, location and type of property damaged or destroyed in order to assist local authorities in the civil or criminal prosecution of those persons responsible for such damage or destruction and to keep accounting records to assist in cost recovery. In addition, the city may authorize such agencies to initiate subscription services with private and public property owners in order to effectively combat the blighting influence of graffiti.
(Ord. O-2010-08 § 2, 2010)