As used in this chapter:
means any aerosol container, regardless of the material from
which it is made, which is adapted or made for the purpose of spraying
paint or other substance capable of creating graffiti.
as used in this chapter, means the intentional altering by
physical, mechanical or chemical means of the physical shape, dimension,
contour or appearance of property.
means any indelible marker or similar implement with a tip
which, at its broadest point is greater than one-eighth inch, containing
an ink that is not water soluble.
means any caustic cream, gel, liquid, or solution capable
of defacing hard surfaces by means of a chemical action.
means any unauthorized inscription, word, figure, or design
that is marked, cut, etched, posted or otherwise affixed, scratched,
drawn, or painted on any surface.
means a felt tip marker, a paint stick, an aerosol paint
container, or a glass etching product.
means a person under 18 years of age.
means a device containing a solid form of paint, chalk, epoxy,
or other similar substance capable of being applied to a surface by
pressure, and upon application, leaving a mark at least one-eighth
of an inch in width visible from a distance of 20 feet, and not water-soluble.
means any person who owns, controls, or possesses property
or who has primary responsibility for the repair or maintenance of
property.
(Ord. 92-861 § 1; Ord. 870 § 2, 1993; Ord. 2003-1003 § 1)
The City Manager is authorized to expend City funds to remove
graffiti from public, or privately owned permanent structures located
on public or privately owned real property within the City. Such expenditures
shall be limited to the removal of graffiti and not the painting or
repair of a more extensive area.
(Ord. 92-861 § 1; Ord. 839 § 1, 1991)
A.
B.
If
the City Manager determines that the above conditions do in fact exist,
a written request shall be sent to the property owner to remove the
graffiti or other inscribed material. Should the owner fail or refuse
to act upon the written request, the City Manager shall attempt to
obtain the written consent of the owner to allow volunteer or City
forces to remove the graffiti.
C.
Removal
of graffiti is authorized only of the graffiti itself and not the
painting or repair of a more extensive area.
(Ord. 92-861 § 1)
It is unlawful for a responsible person to permit property which
is defaced with graffiti to remain so defaced for a period of three
days after written notice from the City Manager regarding the location
of graffiti, unless:
A.
Said
person shall demonstrate by a preponderance of evidence that they
do not have the financial or physical ability to remove the defacing
graffiti; or
B.
It
can be demonstrated that the responsible person 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 is unlawful to permit such
property defaced with graffiti to remain defaced for a period of 15
days after notice of same.
(Ord. 92-861 § 1)
A.
Prior
to entering upon private property or property owned by a public entity
other than the City, for the purpose of removal of graffiti, the City
shall attempt to secure the consent of the property owner and a release
of the City from liability for private or public property or liability
damage.
B.
If a responsible person fails to remove the offending graffiti within the time herein specified, or if the City shall have requested consent to remove or paint over the offending graffiti and the responsible person shall have refused consent for entry on terms acceptable to the City consistent with the terms of this section, the City may commence abatement and cost recovery proceedings for the removal of the graffiti in accordance with Chapter 1.16, the nuisance abatement chapter of this code.
(Ord. 92-861 § 1)
A.
It
is unlawful for any minor to possess any graffiti implement:
1.
While
on public property; or
2.
While
upon private property without the consent of the owner of such private
property. Such consent must be given in advance and must authorize
the minor's presence while in the possession of a graffiti implement.
This subsection shall not apply while the minor is attending, or traveling
to or from a school at which the person is enrolled, if the person
is participating in a class at said school which has, as a written
requirement of said class, the need to use felt tip markers.
B.
No
minor shall possess any graffiti implement while in: any public park
(within 25 feet of any structure); playground; swimming pool; recreational
facility; the City Hall area; (other than a highway, street, alley
or way), except as may be authorized by the City.
C.
This
section is not intended to conflict with California Penal Code Section
594.1.
(Ord. 92-861 § 1)
A.
No
person, firm, or entity engaged in a commercial enterprise ("seller")
shall display for sale, trade, or exchange any graffiti implement
except in an area under the control of seller's employees.
B.
The
acceptable method for displaying glass etching products is in a completely
enclosed cabinet or other storage device that is permanently affixed
to a building or building structure and remains securely locked at
all times, except when accessed by seller's employees or other authorized
persons.
C.
Acceptable
methods for displaying all other graffiti implements include the following:
1.
In
a completely enclosed cabinet or other storage device that is permanently
affixed to a building or building structure and remains securely locked
at all times, except when accessed by seller's employees or other
authorized persons;
2.
In
an enclosed area behind a sales or service counter from which the
public is precluded from entry; or
3.
In
an area that is under the direct visual supervision of seller's employees
at all times during business hours.
(Ord. 2003-1003 § 2)
The existence of graffiti in any public place or in any place open to the public or exposed to public view, within the City limits of the City of Imperial Beach, is hereby deemed a public and private nuisance, and may be abated in accordance with the nuisance abatement procedures set forth in Chapter 1.16.
(Ord. 92-861 § 1)
The City Manager may delegate authority for the administration
and enforcement of the provisions of this chapter. Nothing in this
section is intended to limit or preclude abatement of an "authorized"
inscription, word, figure, or design pursuant to any applicable procedure
contained in this code, state or federal law.
Nothing in this chapter shall prohibit the removal of graffiti
pursuant to any other appropriate law of the state or provision of
this code.
(Ord. 92-861 § 1)
Any and all violations of this chapter shall be punishable either
as an infraction or a misdemeanor, at the discretion of the City Attorney.
(Ord. 92-861 § 1)
In lieu of, or as part of, requesting prosecution of a petition
to declare a minor to be a ward of the court under Welfare and Institutions
Code Section 602 (including, but not limited to, offenses which in
the opinion of the Captain of the Sheriff's Department, constitute
a violation of this chapter), or in lieu of prosecuting a violation
of this chapter as a crime against an adult, the Captain of the Sheriff's
Department, with the approval of (or according to rules and procedures
approved by) the City Manager, shall be authorized to offer said minor
or adult an option to perform such community service as the Captain
of the Sheriff's Department deems appropriate, but which community
service shall, if offered at all, contain the following elements:
A.
The
minor shall perform at least 30 hours of community service.
B.
At
least one of the custodial parents, or if non, guardians, shall be
in attendance at least 50% of the period of the assigned community
service.
C.
The
entire period of community service shall be performed under the supervision
of a community service provider approved by the Captain of the Sheriff's
Department.
D.
Reasonable
efforts shall be made to assign the subject or minor or adult to the
type of community service that is reasonably expected to have the
most rehabilitative effect on the minor or adult. To the extent that
the offense giving rise to the offer of community service constitutes
a violation of this chapter, reasonable efforts shall be made by the
Captain of the Sheriff's Department to assign the minor to community
service which constitutes in significant part the removal of graffiti.
(Ord. 93-871 § 1, 1993)
