means a document issued by a federal, state, county or municipal
government or subdivision or agency thereof, including but not limited
to, a motor vehicle operator's license, a registration certificate
issued under the Federal Selective Service Act, a passport or an identification
card issued to a member of the armed forces which identifies as individual
and provides proof of the age of such individual.
means any substance, spray paint, paint or dye, or any other
liquid which when applied to any surface leaves an opaque and insoluble
residue which cannot be removed by ordinary application of soap and
water.
means any unauthorized inscription, word, figure, or design
that is marked, etched, scratched, drawn, or painted on any structural
component of any building, or on any wall, structure, or other facility
regardless of the nature of the material of that structural component,
wall, structure or other facility.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
(a)
No person shall sell or cause to be sold to any person under the
age of eighteen years any aerosol container of spray paint capable
of defacing property.
(b)
Evidence that a person, his or her employee, or agent, demanded and
was shown bona fide evidence of majority and acted upon such evidence
of majority in a transaction of sale, shall be a defense to any criminal
prosecution thereof.
(c)
Any person who owns, manages or operates a place of business wherein
aerosol containers of spray paint capable of defacing property are
sold shall post in a conspicuous place a sign in letters at least
three-eighths of an inch high stating: "Any person who maliciously
defaces real or personal property with paint is guilty of vandalism
which is punishable by a fine, imprisonment, or both."
(d)
No person or business engaged in a commercial enterprise shall display
for sale, trade or exchange, any graffiti implement except in an area
from which the public shall be securely precluded without employee
assistance. Two such acceptable methods for displaying graffiti implements
for sale shall be by containment (1) in 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 representative, remain securely locked; or (2) in an enclosed
area behind a sales or service counter from which the public is precluded
entry. "Graffiti implement" means any aerosol paint container; a felt
tip market with a tip, at its broadest width, being greater than one-eighth
of an inch; preprinted gum label; paint or graffiti stick containing
a solid form of paint, chalk, wax, epoxy, or other similar substance
capable of being applied to a surface by pressure and leaving a mark
at least one-eighth of an inch in width; etching tool; or any other
device capable of scarring or leaving a visible mark on glass, metal,
concrete, or wood or any other surface.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991; Ord. 1469 § 1, 1994)
No person shall have in his or her possession any aerosol container
of spray paint capable of defacing property while in any public park,
playground, swimming pool or recreation facility, public building
or other public place, other than a highway, street or alley, except
authorized employees or agents of the city or persons having the authorization
of the city manager.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
No person under the age of eighteen shall have in his or her
possession any aerosol container of spray paint capable of defacing
property while on any public highway, street, alley or way unless
such person is accompanied by a parent or legal guardian.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
No person shall wilfully or maliciously use any liquid substance,
spray paint, chalk, dye or other similar substance to paint, mar or
deface any public or privately owned structures located on public
or privately owned real property within the city, whether such property
is occupied, vacated or abandoned.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
(a)
Whenever the city manager or his/her designated representative determines
that graffiti is so located on public or privately owned permanent
structures located on public or privately owned real property within
the city so as to be a public nuisance, the city manager or his/her
designated representative is authorized to use city funds to provide
for the removal of the graffiti, without reimbursement from the property
owner upon whose property the graffiti has been applied. Prior to
the removal of such graffiti, the city shall obtain the written consent
of the owner for such action and the owner shall execute an appropriate
release form and right of entry form to permit such graffiti removal.
The city's removal of graffiti by painting or repair shall not involve
the paining or repair of a more extensive area than that area where
the graffiti is located.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
(a)
A reward in an amount established by resolution of the city council
is authorized, offered and may be paid by the city to any person who
provides information leading to the determination of the identity
of, and the apprehension of, any person who wilfully or maliciously
paints, mars or defaces any public or private structure located on
private or public property within the city.
(b)
The exact amount of the reward to be paid by the city shall be determined
by the city council after receipt of a report from the city manager
indicating that information was received leading to the determination
of the identity of, and the apprehension of, a person who wilfully
or maliciously painted, marred or defaced a structure located on public
or private property located within the city, and indicating the final
disposition of such matter. No law enforcement officer, municipal
officer, official or employee of the city shall be eligible for such
reward.
(c)
Any person violating the provisions of Section 11.70.050 of this chapter shall be liable for the amount of any reward paid by the city pursuant to this section, and if that person is a minor, his or her parent or guardian shall also be liable for the amount. Any person owing money shall be liable in any action brought in the name of the city for the recovery of such amount, including reasonable attorney fees.
(Ord. 1380 § 2, 1991; Ord. 1404 § 2, 1991)
