Editor's note—Ord. No. 93-33 § 1, adopted December 1, 1993, completely amended material pertaining to graffiti contained in Ord. No. 82-8, § 2, adopted February 3, 1982.
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section:
"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, dye, or other substances.
"Etching cream"
means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.
"Felt tip marker"
means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth (1/8) inch, containing anything other than a solution which can be removed with water after it dries.
"Graffiti"
means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface of public or private property, including but not limited to buildings, walls, signs, structures or places, or other surfaces, regardless of the nature of the material of the structural component.
"Graffiti implement or paraphernalia"
means any aerosol paint container, felt tip marker, paint or graffiti stick, gum label, or etching cream, etching tool or device capable of scarring any surface, including but not limited to glass, metal, concrete or wood; any piece, design or scrapbook or drawings illustrating graffiti marks or signs.
"Gum label"
means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not easily removed.
"Paint stick or graffiti stick"
means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth (1/16) of an inch in width.
"Retail commercial establishment"
means any business enterprise, including any person, partnership, association, corporation, company, or organization which sells or trades aerosol paint containers or etching cream, felt tip markers, or other graffiti implement.
(Ord. No. 93-33 § 1, 12-1-93; Ord. No. 2002-31, § 1, 11-13-02)
(a) 
It is unlawful for any person to paint, spray, chalk, etch, or otherwise apply graffiti on public or privately owned vehicles, buildings, signs, walls, temporary or permanent structures, or places or other surfaces located on public or privately owned property within the city.
(b) 
It is unlawful for any person owning or otherwise in control of any real property within the city to permit or allow any graffiti to be placed upon or to remain on any vehicle or structure, temporary or permanent, which is located on the property when the graffiti is visible from the street or public or private property.
(Ord. No. 93-33, § 1, 12-1-93; Ord. No. 2003-05, § 1, 3-12-03)
(a) 
It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia while in or upon any public park, playground, swimming pool, public recreational facility, underpass, bridge abutment, storm drain, or private property without the written consent of the owner, with the specific intent to paint, spray, chalk, etch, or otherwise apply graffiti on any of the following places or things, including but not limited to: public or privately owned buildings, signs, walls, permanent structures, places, or other surfaces within the city.
EXCEPTIONS:
(1) 
A minor who is attending and is actively enrolled in a class which requires use of such implements, of which written permission from the school is in his or her possession.
(2) 
An authorized city employee of the City of Escondido or agent thereof, or its contractors.
(Ord. No. 93-33 § 1, 12-1-93)
(a) 
It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish or cause or permit to be exchanged, given, loaned, any graffiti implement or paraphernalia to any person under the age of 18 years without the consent of the parent or lawfully designated custodian of the person, which custodian consent shall be given in advance in writing.
(b) 
To prevent the theft of certain specified graffiti implements by minors, it shall be unlawful for any retail commercial establishment to offer to sell, exchange, give, loan, or otherwise furnish or cause or permit to be exchanged, given, or loaned, any form of etching cream or aerosol container of paint that is capable of defacing property, unless such items are stored under lock and key in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such aerosol paint or glass etching product.
(Ord. No. 93-33 § 1, 12-1-93; Ord. No. 2002-31, § 2, 11-13-02)
Whenever the public works director or his/her designated representative determines that graffiti is so located on public or private property within the city so as to be capable of being viewed by persons utilizing any public right-of-way in the city, the public works director or his/her designated representative 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) 
In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area;
(b) 
Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure;
(c) 
Where a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city may be authorized only after securing the consent of the owner.
(Ord. No. 93-33 § 1, 12-1-93)
(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 other provision of law.
(b) 
Additional Penalties Available. The City Attorney is authorized to petition a sentencing court to impose the following additional penalties upon conviction:
(1) 
Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code Section 13202.6 upon a graffiti or vandalism conviction;
(2) 
Performance of community service including graffiti removal service, upon conviction of any graffiti offense pursuant to California Penal Code Section 640.6, and upon conviction of any vandalism-related offense, pursuant to California Welfare and Institutions Code Section 742.16 for any minor determined to be a ward of the court.
(c) 
Pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism 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.
(Ord. No. 93-33, § 1, 12-1-93; Ord. No. 2003-05, § 2, 3-12-03)
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, government agency, utility company or business which performs the cleanup or removal of graffiti caused by that parent or guardian's minor child, and for all law enforcement costs, 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. The child or guardian shall also be jointly and severally liable for all such costs and expenses to the fullest extent allowed by law.
(Ord. No. 93-33, § 1, 12-1-93; Ord. No. 2003-05, § 2, 3-12-03)
(a) 
Pursuant to Section 53069.5 of the Government Code, the city manager may pay from city funds a reward of up to $1,000 for information leading to the arrest and conviction of any person for violation of Escondido Municipal Code § 17-122 or any Penal Code sections prohibiting graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner the city deems appropriate.
(b) 
Claims for rewards under this section shall be filed with the city. Each claim shall:
(1) 
Identify the date, location, and kind of property damaged or destroyed;
(2) 
Identify the name of the person who was convicted; and
(3) 
Identify the court and date upon which the conviction occurred.
(c) 
No claim shall be paid by the city manager unless the police chief or his or her designated representative investigates and verifies the accuracy of the claim and recommends that such claim be paid.
(d) 
If the person providing information is a private security guard, and the claim qualifies for a reward, the reward shall be given to the security company that employed the security guard.
(e) 
If the person committing the graffiti is a minor, then the custodial parent of the minor shall be liable to reimburse the city for any reward paid pursuant to this section.
(Ord. No. 2006-16(R), § 1, 4-5-06)