A.
The
city council specifically finds that graffiti on public and private
properties is an immediate and serious threat to the safety and welfare
of the community. Furthermore, graffiti encourages gang and other
criminal activities thereby threatening the safety of citizens of
the city. Additionally, both public and private properties are experiencing
a dramatic increase in graffiti which is costly to remove and creates
a negative image of the city. Graffiti is a blighting factor which
not only depreciates the value of such property that has been the
target of such vandalism, but also depreciates the value of the adjacent
and surrounding properties so as to create a negative impact upon
the entire city.
B.
State
law authorizes the city, under certain circumstances, to provide for
the removal of graffiti and other inscribed materials from private
as well as public property. The city council finds and determines
that graffiti is obnoxious and a public nuisance and unless the city
causes it to be removed from public and private property, it tends
to remain. Other properties then become the target of graffiti with
the result that entire neighborhoods are affected and become less
desirable places in which to be.
C.
It is
the purpose and intent of the city council, through the adoption of
the ordinance codified in this chapter, to provide additional enforcement
tools to protect public and private property from acts of vandalism
and defacement, including the application of graffiti on privately
and publicly owned walls and structures. Such acts are inimical to
and destructive of the rights and values of private property owners
as well as the total community. It is the further intent of the city
council, through the adoption of the ordinance codified in this chapter,
to provide notice to all of those who disregard the property rights
of others, that the law enforcement agencies of the city, the sheriff's
department and the district attorney's office, will strictly enforce
the law and vigorously prosecute those persons engaging in the defacement
of public and private properties.
(Code 1980, § 8.24.010; Ord. No. 515, § 1, 1993; Ord. No. 870 (Recodification), 2014)
The following words, terms and phrases, when used in this chapter,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any aerosol container which is adapted or made for
the purpose of spraying paint or other substance capable of defacing
property.
means the city manager or his or her duly authorized representatives.
means any type of liquid, cream or paste product used to
permanently etch glass. Ingredients of such etching substances may
include, but are not limited to, ammonia/sodium bifluorides and sulfuric
acid.
means any tipped style marker or similar implement with a
tip which is at least one-eighth of one inch in width at its broadest
width.
means any inscription, word, figure, picture, painting, design
or other defacement that is written, marked, etched, scratched, sprayed,
drawn, painted, engraved, pasted or otherwise affixed to or on any
surface, to the extent the same was not authorized in advance by the
owner thereof, or, despite advance authorization, is otherwise deemed
by the code enforcement officer to be a public nuisance.
means an aerosol paint container, a felt tip marker, paint
stick or graffiti stick, etching substance or any other device containing
any solution or substance capable of scarring or leaving a visible
mark at least one-eighth of one inch in width upon any surface.
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, of leaving a mark at
least one-eighth of one inch in width.
(Code 1980, § 8.24.020; Ord. No. 515, § 1, 1993; Ord. No. 701, § 1, 2003; Ord. No. 870 (Recodification), 2014)
It is unlawful for any person to apply graffiti to any trees
or structures, including, but not limited to, buildings, walls, fences,
poles and signs ("structures" hereinafter in this chapter), located
within the city. It is also unlawful for any person to apply or affix
any adhesive backed label, sticker, bumper sticker or similar item
to any tree or structure not owned or lawfully possessed by such person.
(Code 1980, § 8.24.030; Ord. No. 515, § 1, 1993)
A.
It is
unlawful for any minor to have in his or her possession any graffiti
implement or scribing device while upon public property or upon private
property without the consent of the owner of such private property
whose consent to such possession and presence is given in writing
in advance. For purposes of this section, the term "scribing device"
means any drill bit, grinding stone, glass cutter, or any device the
purpose of which is to scribe into any surface.
B.
This
section shall not apply to the possession of a felt tip marker by
a minor attending, or traveling to or from a school at which the minor
is enrolled, if the minor is participating in a class at said school
which formally requires the possession of such felt tip markers.
(Code 1980, § 8.24.040; Ord. No. 515, § 1, 1993; Ord. No. 870 (Recodification), 2014)
It is unlawful for any person to have in his or her possession
any graffiti implement while in any public park, playground, swimming
pool, recreational facility, or while in or within ten feet of any
underpass, bridge abutment, storm drain, or other similar type of
infrastructure not normally used by the public, except as may be authorized
by the city.
(Code 1980, § 8.24.050; Ord. No. 515, § 1, 1993)
A.
Furnishing
to minors prohibited. 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, or otherwise
furnished, any graffiti implement to any minor without the consent
of the parent or lawful guardian which consent shall be given in advance
in writing.
B.
Display
requirements. 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 in:
1.
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 representatives, remain
securely locked; or
2.
In
an enclosed area behind a sales or service counter from which the
public is precluded from entry.
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Nothing herein shall relieve such person or business entity
from, at all times, complying with the requirements of Penal Code
§ 594.1(c) by posting signs as described therein.
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C.
Storage
requirements. No person or business engaged in the business of selling,
providing or trading graffiti implements shall store any graffiti
implement except in either:
1.
A
completely enclosed room which shall, at all times except during access
or actual occupancy by the owner or an authorized adult representative
of the owner, remain securely locked; or
2.
In
a completely enclosed cabinet or other storage device which shall
be permanently affixed to a building or building structure, and which
shall, at all times except during access by the owner or an authorized
adult representative of the owner, remain securely locked.
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For purposes of this section, an owner or authorized representative
of the owner shall be deemed to actually occupy a room even during
brief periods of absence if the room is contained within a larger
structure which is occupied by the owners.
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D.
Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of the provisions of any of the California Penal Code sections set forth in section 8.24.080(A)(1) or section 8.24.030.
(Code 1980, § 8.24.060; Ord. No. 515, § 1, 1993; Ord. No. 870 (Recodification), 2014)
A.
Right
of city to require removal. It is unlawful for any person who is the
owner, or who has primary responsibility for control, of private property
or who has primary responsibility for the repair or maintenance of
private property ("responsible party" hereinafter in this section),
to permit the property to be defaced with graffiti for a period in
excess of seven days after service by city by first class mail of
notice of same, unless:
1.
The
person shall demonstrate by a preponderance of evidence that he or
she does not have the financial ability to remove the defacing graffiti;
or
2.
It
can be demonstrated that the responsible party has an active program
for the removal of graffiti and has scheduled the removal of the graffiti
as part of that program, in which case it is unlawful to permit such
property to remain defaced with graffiti for a period of 15 days after
service by first class mail of notice of same.
B.
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 provision and procedures
herein contained.
2.
Graffiti-attracting surface as a nuisance. The existence of any surface of a structure on any privately owner parcel of land which has been defaced with graffiti after removal more than five times in 12 months is deemed to be a nuisance, and may be abated by the city's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in chapter 8.23. Such modifications may include, but are not limited to, the retrofitting of such surfaces at the expense of the property owner of the lot, not to exceed a total cost of $500.00, or at the cost of the city at the city's option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient expedient or efficient removal of graffiti therefrom.
C.
Right
of city to remove.
1.
Use
of public funds. Whenever the city becomes aware that graffiti is
located on public or private property viewable from a public or quasi-public
place within the city, the city shall be authorized in its discretion
to use public funds for graffiti removal, or for repainting or repairing
of the property. The city shall further be authorized to require a
responsible party to agree to reimburse the city for its actual costs
prior to the expenditure of public funds. This section shall not authorize
graffiti removal on, or the repainting or repairing of, property owned
by another public entity without prior agreement. This section shall
not authorize the repainting or repairing of any more extensive area
than that where the graffiti is located, unless the city determines
that a more extensive area is required to be repainted or repaired
in order to avoid aesthetic disfigurement to the neighborhood or community,
or unless the responsible party agrees to pay for the costs of repainting
or repairing the more extensive area.
2.
Right
of entry on private property.
a.
Securing owner consent. Prior to entering upon private property or
property owned by a public entity other than the city, for the purpose
of removal of graffiti, the city shall attempt to secure the consent
of the responsible party, and a release of the city from liability
for private or public property damage.
b.
Failure to obtain owner consent. If a responsible party fails to remove the offending 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 provisions of chapter 8.23, which procedures authorize the recovery of all costs incurred by the city in abating graffiti including the recordation of a lien as to affected property.
D.
Ease
of removal provisions.
1.
Common
utility colors and paint-type. Any gas, water, sewer, cable, telephone
and other utility operating in the city, other than an electric utility,
shall paint their above-surface metal fixtures which are installed
after the effective date of the ordinance codified in this chapter
with a uniform paint type and color as directed by the city manager.
2.
Conditions
on encroachment permits. Encroachment permits issued by the city may,
among other things, be conditioned on:
a.
The permittee applying an anti-graffiti material to the encroaching
object or structure of the type and nature that is acceptable to the
city manager, or designee;
b.
The immediately removal by the permittee of any graffiti;
c.
The right of the city to remove graffiti or to paint the encroaching
object or structure;
d.
The permittee providing city with sufficient matching paint and/or
anti-graffiti material on demand for use in painting of the encroaching
object or structure containing graffiti.
3.
Conditions
on discretionary approvals. In imposing conditions upon conditional
use permits, variances, building permits to the extent permitted by
this Code, or other similar land use entitlement 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 shall apply an anti-graffiti
material of a type and nature that is acceptable to the city manager,
or 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 authorizing city employees or agents, for the purpose
of removing or "painting of" 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. The 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 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 places on publicly viewable trees and structures thereon
to the city's satisfaction.
(Code 1980, § 8.24.070; Ord. No. 515, § 1, 1993; Ord. No. 870 (Recodification), 2014)
A.
Pursuant to Government Code § 53069.5, the city reserves the right to offer a reward in an amount and as to such locations as may be set by resolution of the city council, for information leading to the arrest and conviction of any person for violation, within the city, of Penal Code § 594 or 594.3 by the use of graffiti, Penal Code §§ 640, 640.5, 640.6, or sections 8.24.030, 8.24.040 or 8.24.050 of this chapter. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to Welfare and Institutions Code § 602 et seq., shall constitute a conviction.
C.
No claim
for a reward shall be allowed by the city council unless the city
investigates and verifies the accuracy of the claim and determines
that the requirements of this section have been satisfied. Once the
claim is verified and determination is made, the reward shall be paid
within the city's ordinary course of business.
D.
The
person committing the graffiti-vandalism, and, if an unemancipated
minor, then the parent or lawful guardian of the minor, shall be civilly
liable for any reward paid pursuant to this section pursuant to the
provisions of Government Code § 53069.5.
(Code 1980, § 8.24.080; Ord. No. 515, § 1, 1993; Ord. No. 870 (Recodification), 2014)
The city shall reimburse to any person reporting by means of
a cellular phone an act of graffiti vandalism presently occurring
within the city, the amount of the actual phone charges, exclusive
of taxes, incurred by the person.
(Code 1980, § 8.24.090; Ord. No. 515, § 1, 1993)
A.
Criminal
penalties. Any violation of this chapter shall be a misdemeanor punishable
by either six months in jail, a $1,000.00 fine, or by such fine and
imprisonment, and by the performance of community service, including,
but not limited to, graffiti cleanup, to the maximum extent permitted
by Penal Code § 594 and/or any other provision of law.
B.
Additional
penalties available. Whenever deemed appropriate, it is the city's
intent to petition a sen-tencing court to impose the following additional
penalties upon conviction:
1.
Litter
or graffiti cleanup pursuant to Vehicle Code § 42001.7,
upon conviction of violation of Vehicle Code § 23111, 23112
or 23113(a);
2.
Suspension
or delay of issuance of a driver's license pursuant to Vehicle Code
§ 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 Welfare and Institutions Code
§§ 728 and/or 729.6;
4.
Performance
of community service, including graffiti removal service of up to
100 hours by any minor determined to be a ward of the court as a result
of committing a drug related offense in the city as provided in Welfare
and Institutions Code § 729.8.
C.
It is
the city's further intent that, pursuant to Penal Code § 640.6(a),
all acts of graffiti-vandalism occurring within the city shall be
prosecuted as misdemeanors or felonies pursuant to Penal Code § 594
et seq., or as misdemeanors pursuant to this chapter.
D.
Pursuant
to Civil Code § 1714.1(b), any parent or legal guardian
having custody and control of a minor shall be jointly and severally
liable with the minor for any damages resulting from any willful misconduct
of the minor which results in the defacement of property by graffiti,
and for all attorneys fees and court costs incurred in connection
with the civil prosecution of any claim for damages or reimbursement,
not to exceed $25,000.00.
(Code 1980, § 8.24.100; Ord. No. 515, § 1, 1993; Ord. No. 701, § 2, 2003; Ord. No. 870 (Recodification), 2014)
