As used in this chapter:
"Aerosol paint container"
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.
"Deface,"
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.
"Felt tip marker"
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.
"Glass etching product"
means any caustic cream, gel, liquid, or solution capable
of defacing hard surfaces by means of a chemical action.
"Graffiti"
means any unauthorized inscription, word, figure, or design
that is marked, cut, etched, posted or otherwise affixed, scratched,
drawn, or painted on any surface.
"Graffiti implement"
means a felt tip marker, a paint stick, an aerosol paint
container, or a glass etching product.
"Minor"
means a person under 18 years of age.
"Paint stick"
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.
"Responsible person"
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)
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)
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)