Section 53069.3 of the Government Code authorizes the city to
provide for the removal of graffiti, and the city council finds that
graffiti is detrimental to property values; degrades the community;
causes an increase in crime; is inconsistent with the city’s
property maintenance goals and aesthetic standards; is obnoxious;
is a nuisance; and, unless it is quickly removed from public and private
property, results in other properties becoming the target of graffiti.
(Prior code § 11-91)
The following words and phrases shall have the meanings ascribed
to them, unless otherwise noted:
means any container, regardless of the material from which
it is made, which is adapted or made for the purpose of spraying paint
or other similar substances capable of defacing property.
means any indelible marker or similar implement with a tip
which, at its broadest width, is greater than one-eighth of an inch,
containing ink or other pigmented liquid which is not water soluble.
means the act of altering or defacing any real or personal
property of another without their consent through the use of paint,
spray paint, markers, objects or other substances capable of destroying
property, including, but not limited to, any of the following: aerosol
paint container, felt-tip marker, paint stick or graffiti stick, or
graffiti implement, or is the act of altering or defacing any real
or personal property through the use of paint, spray paint, markers,
objects or other substances capable of destroying property, which
is offensive to a reasonably sensitive person.
means an aerosol paint container, a felt-tip marker, gum
label, paint stick or graffiti stick, etching tool including, but
not limited to, etching creams and substances, or any other device
capable of scarring or leaving a visible mark on glass, metal, concrete
or wood or any other surface.
means any substance or implement, other than aerosol paint
containers and felt tip markers, that could be used to draw, spray,
paint, etch or mark.
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 an inch in width.
means any can, bottle, spray device or other mechanism designed
to propel liquid which contains ink, paint, dye or other similar substance
which is expelled under pressure, either through the use of aerosol
devices, pumps or similar propulsion devices.
means a parent, guardian or person having legal responsibility
for a minor.
(also known as a “spray tip,” “nozzle”
or “button”) means an object which is capable of being
attached to an aerosol paint container for the purpose of spraying
the substance contained therein.
(Prior code § 11-92; Ord. 5331, 2002)
It is unlawful for any person:
A.
To apply
graffiti upon any surface, either publicly or privately owned, without
the permission of the owner, lessee or person in legal possession;
or
B.
To have
graffiti on property which can be seen from the public right-of-way;
or
C.
To have
graffiti on property which can be seen from private property upon
which a complaint has been made; or
D.
To have
graffiti on property which causes a depreciation of property values
or is detrimental to neighborhoods.
(Prior code § 11-93)
It is unlawful for any person to sell, offer to sell, cause
to be sold, or otherwise offer any aerosol or pressurized container
of paint, dye, ink or similar substance to any person under the age
of eighteen years.
(Prior code § 11-94)
It is unlawful to sell or provide to any person under the age
of eighteen years a marker with a marking tip one-quarter inch or
more at its diameter.
(Prior code § 11-95)
All persons offering for sale pressurized containers shall restrict
access to those items from the public by placing them behind a locked
counter, cabinet or other storage facility so that access to them
can not be gained without their being unlocked by an authorized employee,
agent or other authorized representative of such person. All persons
offering for sale markers with a marking tip of one-quarter inch shall
keep such markers in a location where they can be in constant view
of the employee, agent or other authorized representative of the person
selling the markers.
(Prior code § 11-96)
No person under the age of eighteen years shall purchase any
pressurized container which contains paint, dye, ink or a similar
substance.
(Prior code § 11-97)
It is unlawful for any individual under the age of eighteen
years, who is in a public place or private property, without the consent
of the owner, lessee, or other person entitled to legal possession
thereof, and who is not accompanied by a responsible adult, to possess
an aerosol or pressurized container of paint, dye, ink or similar
substance; or to possess a marker with a marking tip of one-quarter
inch or more in diameter.
(Prior code § 11-98)
A.
Whenever
graffiti exists upon the property owned by another public agency,
or a private property owner, the city may remove it with the consent
of the public entity or private property owner owning such property.
B.
Private
property owners shall remove graffiti from their property within ten
calendar days after notification to the property owners by the city
to remove such graffiti. Failure to remove the graffiti within the
time allowed is a violation of this code and will cause the building
or property to be declared substandard as referenced in the Building
& Safety Code of the city of Glendale, Volume V, Chapter 10.
C.
Notice
to private property owners by the city shall be addressed to the name
and address as it appears on the last tax assessment role or in other
records maintained by public agencies, by depositing a copy of the
notice in the United States mail, certified with postage fully affixed,
or personally delivering a copy of the notice to the owner of the
property. The service is complete at the time of deposit in the mail
or when personal service is effectuated. The failure of any person
to receive such notice shall not affect the validity of any legal
proceedings regarding removal of the graffiti. Abatement procedures
shall be conducted in accordance with the Building & Safety Code
of the city of Glendale, Volume V, Chapters 11, et seq.
D.
In the
event that the owner fails to remove the graffiti after the notice
has been sent, the city may, at its option, abate the graffiti as
a nuisance.
(Prior code § 11-99; Ord. 5331, 2002)
The existence of graffiti is declared to be obnoxious and a
nuisance.
(Prior code § 11-100)
The city may pay to any person who provides information which
leads to the arrest and conviction of any person who applies any drawing,
inscription, figure or mark, commonly known as graffiti to a surface
of real or personal property, a reward as established by council resolution.
(Prior code § 11-101)
A.
The
violation of any section of this chapter may be filed as either an
infraction or a misdemeanor at the discretion of the city attorney.
B.
Community
service in the city may be imposed in lieu of any penalties and punishments
where there has been a conviction or guilty or nolo contendere plea
to a misdemeanor.
C.
If a
minor is personally unable to pay any fine or restitution levied for
violating this chapter, the parent or legal guardian shall be liable
for the payment of the fine or restitution for any intentional acts
of the minor.
(Prior code § 11-102)
Prior to the entry onto private property by city personnel or
authorized contractor for the purpose of graffiti removal, a specified
and assigned written consent form shall be obtained from the private
property owner or designated agent for such authorization of entry
and release of liability.
(Prior code § 11-103)
A ten percent administrative fee will be added as a part of
any abatement.
(Prior code § 11-104)
