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:
NOTICE OF INTENT TO REMOVE GRAFFITI |
(Name and address of person notified) |
Date: |
"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. |
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." |
(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)