A. 
The city council finds graffiti on public and private property a blighting element which leads to depreciation of the value of property which has been targeted by such vandalism and depreciates the value of the adjacent and surrounding properties to the extent that graffiti creates a negative impact upon the entire city.
B. 
The city council finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education and abatement to avoid the detrimental impact of such graffiti on the city and its residents, and to prevent the further spread of graffiti.
C. 
The purpose and intent of the city council, through the adoption of this chapter, is to protect public and private property from acts of vandalism and defacement. It is the further intent of the city council, through the adoption of this chapter, to provide notice to all those who disregard the property rights of others, that the law enforcement agencies of the city will strictly enforce the law and vigorously prosecute those persons engaging in violations of this chapter.
(Ord. 417 § 2.1, 1994)
As used in this chapter:
"City"
means the city of Moreno Valley.
"Graffiti"
means any unauthorized writing, pictograph or scribbling clearly visible from a public road, public right-of-way or other property which is freely open to the public but does not include material which may be easily and completely removed from the surface on which it has been inscribed, which is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the city council to be a public nuisance.
"Person"
means a domestic or foreign corporation, an association, a syndicate, a joint-stock corporation, a partnership of any kind, a club, business or common-law trust, a society or an individual conducting any business in the city.
"Sale"
means the transfer, in any manner or by any means whatsoever, of title to property for consideration or the serving, supplying or furnishing for a consideration of any property.
(Ord. 417 § 2.1, 1994)
A. 
No person shall place graffiti or other writing upon any public or privately owned tree, rock or structure including, but not limited to, buildings, walls, fences, poles and signs, flood control channels, concrete, paving, etc., located within the city.
B. 
No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on any structure located on such property.
C. 
Declaration of Nuisance.
1. 
Graffiti as a Nuisance. The city council declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained and as authorized by California Government Code Sections 38773, et seq.
D. 
Right of City to Remove.
1. 
Authorization to Use City Funds. Within the limits set forth in this section, city funds may be used to remove graffiti and other similar inscribed material from publicly or privately owned permanent structures located on publicly or privately owned real property within the city.
2. 
Limitations to Use of City Funds. The use of city funds as authorized in this section is limited to the following cases:
a. 
Sufficient funds have been budgeted and remain unencumbered for such purpose;
b. 
The city manager or the designee of the city manager approves each proposed use of city funds for such purpose;
c. 
The written consent of the owner of the affected structures, public or private, is obtained in each instance, except as specified below. The consent shall be in a form approved by the city attorney and shall:
i. 
Authorize entry of city employees and contractors on the affected property to accomplish the removal of the material,
ii. 
Assign to the city any cause or causes of action which the owner may have against any person or persons who defaced the property with graffiti, and
iii. 
Hold the city, its officers, employees and contractors harmless from all liability arising out of the entry on the property or the work of removing the material;
d. 
City funds shall be used only to remove the inscribed material itself and may not be used for painting or repairing of any more extensive area;
e. 
In any instance where the owner or tenant of the affected property caused, materially contributed to, or voluntarily consented to the inscription, the owner may be held financially responsible pursuant to subsection (D)(3) of this section.
3. 
Right of Entry on Private Property—Failure to Obtain Owner Consent. If a responsible party fails to remove graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over graffiti and the responsible party 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 pursuant to the nuisance abatement authority granted by California Government Code Sections 38773, et seq., which authority includes the recovery of all costs incurred by the city in abating graffiti and recordation of lien as to affected property.
E. 
Ease of Removal Provisions.
1. 
Conditions on Encroachment Permits. Encroachment permits issued by the city may, among other items, be conditioned on: (1) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature which is acceptable to the city manager, or his or her designee; (2) the immediate removal by the permittee of any graffiti; (3) the right of the city to remove graffiti or to paint the encroaching object or structure; (4) the permittee providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.
2. 
Conditions on Discretionary Approvals. In imposing conditions upon conditional use permits, variances, building permits or other similar land use entitlements or development or design applications, the city may impose graffiti removal requirements or any or all of the following conditions, or other similar or related conditions:
a. 
Use of Anti-Graffiti Material. Applicant may be required to apply an anti-graffiti material and provide a landscape design of a type and nature which is acceptable to the city manager, or his or her designee, to such of the publicly viewable surfaces to be constructed on the site deemed by the city manager, or designee, to be likely to attract graffiti ("graffiti attracting surfaces" hereinafter in this section);
b. 
Right of Access to Remove Graffiti. Applicant shall grant, in writing, the right of entry over and access to such parcels, upon 48 hours posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti on graffiti attracting surfaces previously designated by the city manager, or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land.
c. 
Supply City with Graffiti-Removal Material. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;
d. 
Owner to Immediately Remove Graffiti. Persons applying for subdivision maps shall, as a part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to the city, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees, rocks and structures thereon to the city's satisfaction.
(Ord. 417 § 2.1, 1994)
Rewards relating to graffiti shall be considered and approved for payment pursuant to the provisions of Section 11.12.070
(Ord. 417 § 2.1, 1994)
A. 
Criminal Penalties. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon convicting thereof, shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment, and by the performance of community service to the maximum extent permitted by California Penal Code Section 594 and/or any other provision of law.
B. 
Additional Penalties Available.
Whenever deemed appropriate, the city intends to petition a sentencing court to impose the following additional penalties upon conviction:
1. 
Litter or graffiti cleanup pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112 or 23113(a);
2. 
Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code Section 13202.6 upon a graffiti-vandalism conviction;
3. 
Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in California Welfare and Institutions Code Section 742.16.
C. 
It is the city's further intent that, pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this chapter, except for acts of graffiti-vandalism punishable as felonies under state law, which the city intends shall be prosecuted as felonies.
D. 
Pursuant to California Civil Code Section 1714.1, each parent or legal guardian shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by that parent or guardian's minor child, and for all law enforcement costs, city staff costs, attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to $25,000.
(Ord. 417 § 2.1, 1994; Ord. 509 §§ 3.6, 3.7, 1997)
A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law or this code for the abatement of such nuisance.
(Ord. 417 § 2.1, 1994)