The purpose of this chapter is to provide a program for the
removal of graffiti from public and private property and to provide
regulations to prevent the spread of graffiti and the defacement of
property in the city.
(Ord. 1272 § 1, 1993)
The city council finds as follows:
(a)
The
increase of graffiti, on either public or private property, results
in blight, decreases property values and deprives surrounding residents
and owners of the right to comfortable enjoyment of life and property.
(b)
Graffiti
is obnoxious, constitutes a public nuisance, and is a threat to public
safety which must be abated to prevent its further proliferation.
(c)
Graffiti
must be removed as quickly as possible to minimize harm to persons
and property in the community.
(d)
This
chapter is consistent with Government Code Section 53069.3, which
authorizes the enactment of ordinances to provide for the use of city
funds to remove graffiti.
(e)
This
chapter is intended to be complimentary to and not in conflict with
Penal Code Section 594, which provides that any person who maliciously
defaces property is guilty of vandalism, and Penal Code Section 594.1
which provides that certain activities involving the possession, sale
and use of aerosol paint containers are misdemeanors.
(Ord. 1272 § 1, 1993)
As used in this chapter, the following terms are defined as
follows:
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 defacing property.
means any marker or similar implement with a tip which is
greater than one-eighth inch, containing ink or other pigmented liquid.
means any unauthorized inscription, word, figure, or design
that is marked, etched, scratched, drawn, sprayed, painted or adhered
on any building, structure or other facility, including but not limited
to any wall, curb, sidewalk, post, pole, sign, tree, hydrant or bridge.
means an aerosol paint container, a felt tip marker, a paint
stick or graffiti stick, gum label or etching tool capable of marking
or scarring glass, metal, concrete or wood.
means any sheet of paper, fabric, plastic, or other substance
with an adhesive backing which is not easily removable when placed
on a surface.
(Ord. 1272 § 1, 1993)
It is unlawful for any person to paint, etch, deface or otherwise
apply graffiti on or to any public or private property within the
city.
(Ord. 1272 § 1, 1993)
It is unlawful for any person under the age of eighteen years,
while upon public property, or upon private property without the prior
written consent of the owner of such property, to possess any graffiti
implement for the purpose of defacing property. This provision shall
not apply to any person who is traveling to or from a school in which
he or she is enrolled and attending a class for which the teacher
has required the use of any graffiti implement.
(Ord. 1272 § 1, 1993)
It is unlawful for any person to have in his or her possession
any graffiti implement in any public park, playground, beach, swimming
pool or other public recreational facility. This provision shall not
apply to an artist who simultaneously possesses a canvas upon which
he/she is painting or intends to paint.
(Ord. 1272 § 1, 1993)
(a)
It
is unlawful for any person, firm, or corporation to sell, exchange,
give, loan or otherwise furnish any graffiti implement to any person
under the age of eighteen years. The provisions of this section do
not apply to any sale, exchange, gift or loan of a graffiti implement
to a minor by the minor's parent or legal guardian.
(b)
Every
person who owns, operates or manages a retail commercial establishment,
shall display graffiti implements in an area not accessible to the
public.
(c)
It
is the intent of this section to permit, but not to require, graffiti
implements to be visible while they are stored or displayed pending
retail sale.
(Ord. 1272 § 1, 1993)
Any violation of this chapter shall be a misdemeanor offense
punishable by a fine not to exceed one thousand dollars, imprisonment
in the county jail up to six months, or both such fine and imprisonment.
(Ord. 1272 § 1, 1993)
(a)
Any
person convicted of applying graffiti to any wall, structure or other
permanent surface located on public or private property within the
city shall be liable to the city for the cost of removing such graffiti.
(b)
Any
person owing money to the city under this section shall be liable
in any action brought in the name of the city for the recovery of
such amount, including reasonable attorney's fees.
(Ord. 1272 § 1, 1993)
Any parent or legal guardian whose child under the age of eighteen
possesses a graffiti implement, shall be personally liable for any
and all costs to any person incurred in connection with the removal
of graffiti caused by said child, or by said graffiti implement, and
for all attorney's fees and court costs incurred in connection with
the civil prosecution of any claim for damages.
(Ord. 1272 § 1, 1993)
Graffiti that is visible from public property or private property
open to the public is declared to be a public nuisance.
(Ord. 1272 § 1, 1993)
Whenever the city manager or his/her designee finds that graffiti
is located on any public or private property within the city so as
to be visible from any public property or private property open to
the public, the city manager is authorized to provide for the removal
of the graffiti solely at the city's expense, without reimbursement
from the property owner upon whose property the graffiti has been
applied, upon the following conditions:
(a)
The
private property owner or his/her designee should be encouraged to
perform the removal with his/her own resources;
(b)
The
city shall not paint or repair a more extensive area than is necessary
to remove the graffiti; and
(c)
The
removal of the graffiti may be performed only after securing the consent
of the property owner or his/her designee and that individual executes
a release and right of entry form permitting such graffiti removal.
(Ord. 1272 § 1, 1993)
In those instances when the city cannot obtain the consent of the property owner as provided in Section 7.60.120, the city manager may cause the abatement and removal of graffiti on private property in accordance with the following procedure:
(a)
Notice.
The city manager or his/her designee shall issue a forty-eight hour
written notice of intention to abate the graffiti as a public nuisance
and shall serve such notice by any of the following methods:
(1)
By personal service on the owner, occupant or person in charge or
control of the property;
(2)
By posting at a conspicuous place on the property or abutting public
right-of-way; or
(3)
By sending a copy of such notice by registered or certified mail
addressed to the owner or person in charge or control of the property,
at the address shown on the last available assessment roll, or as
otherwise known.
(b)
Form.
The notice of intention shall be in substantially the following form:
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NOTICE OF INTENT TO REMOVE GRAFFITI
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(Name and address of person notified)
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Date:
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"NOTICE IS HEREBY GIVEN that you are required by Laguna Beach Municipal Code Section 7.60.120 at your expense to remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, within 48 hours after receipt of this notice; or, if you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees or private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
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All persons having any objection to, or interest in said matters
are hereby notified to submit any objections or comments to the City
Manager or his/her designee within 48 hours from receipt of this notice.
At the conclusion of this 48 hour period, without further notice and
at your expense, the City may proceed with the abatement of the graffiti
inscribed on your property unless you appeal the order of abatement
to the City Council within 48 hours from receipt of this notice. Any
appeal shall be accompanied by a written statement of reasons and
the payment of the filing fee established by the City Council."
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(c)
Appeal:
(1)
Within forty-eight hours of receipt of the notice, the owner or person
occupying or controlling such property affected may appeal the order
of abatement to the city council. Appeals shall be filed with the
city clerk and shall be accompanied by a letter stating the reasons
for the appeal and a fee as required by city council resolution. The
city council shall hear such appeals;
(2)
Within fifteen days of receipt of the appeal application, the city
clerk shall notify the applicant of the date, time and location at
which the city council shall hear the appeal. The city council shall
hear and pass upon the appeal within thirty days of receipt of the
appeal application. The decision of the city council thereupon shall
be final and conclusive.
(d)
Removal
by City. Forty-eight hours after service of the notice, or if appealed,
not less than twenty-four hours after the decision of the city council
declaring the graffiti to be a public nuisance, the city manager is
authorized and directed to cause the graffiti to be abated by the
city or private contractor; and the city or its private contractor
is expressly authorized to enter upon the property for such purposes.
(e)
Assessment
of Costs.
(1)
The city manager shall keep an account of the cost of abatement and
an itemized report shall be submitted to the city council for confirmation;
(2)
Pursuant to Government Code Section 38773.5, the total cost of abatement,
including all administrative costs, shall constitute a special assessment
against the property. After the assessment is made and confirmed,
it shall constitute a lien on the parcel;
(3)
Such special assessment shall be collected at the same time and in
the same manner as ordinary municipal taxes are collected and shall
be subject to the same penalties and the same procedures and sale
in case of delinquency as provided for ordinary municipal taxes.
(Ord. 1272 § 1, 1993)
