[1]
Editor's note: Prior ordinance history: Ords. 2343, 2721, 4702, 4994, and 5279.
The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties and to provide for methods of controlling the sale to and unauthorized use of graffiti implements by minors. Graffiti, when left unabated, reduces property values, encourages blight, adversely affects the city's image and business development, creates concern for the quality of life of the city's citizens, and frequently becomes a forum for gang-related, potentially criminal activities. In order to assist city personnel in addressing graffiti and penalizing those persons who disregard the property rights of others, the city council deems it necessary and appropriate to regulate the use and possession of graffiti implements and the application of graffiti, and to provide for the abatement of graffiti. It is the city council's intent that this chapter further serve as notice to the community that the city will strictly enforce the law to its maximum extent and prosecute those persons engaging in the defacement of public and private property.
This chapter is intended to be cumulative with and in addition to other provisions of this code and state law, including, but not limited to, Government Code Sections 38771 through 38773.7 and 53069.3, and Penal Code Sections 594, 594.1, and 640.5 through 640.8, and other remedies available at law to combat the effects of graffiti and the defacement of public and private property.
(Ord. 6729, 10/4/2023)
"Aerosol spray can"
means any aerosol container which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
"Broad tip marker"
means any indelible marker or similar implement with a tip which at its broadest width is three-eighth-inch or greater, containing an ink that is not water-soluble.
"Carving tool"
means any tool or instrument designed or intended to cut, carve or scratch into glass, metal, wood, or other surfaces.
"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.
"Graffiti coordinator"
means a person appointed by the director of development services to assist in the implementation and enforcement of this chapter.
"Graffiti implement"
means any implement capable of marking a surface to create graffiti, including, without limitation, any aerosol spray can, spray actuator, etching cream, paint stick, broad tip marker, carving tool, or other implements capable of inscribing, marking, etching, pasting, or otherwise placing words, figures, or designs on public or private property.
"Graffiti"
means any inscription, word, figure, or design that is inscribed, marked, etched, pasted, or otherwise placed on any property, building, structure, or surface, and is visible to the public, without the prior approval of the owner or person in lawful possession or control of the property, building, structure, or surface.
"Minor"
means a person under 18 years of age.
"Paint stick"
means a 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-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.
"Property"
means real or personal property, whether publicly or privately owned, within the city, and includes buildings, structures, and surfaces within such property.
"Responsible person"
means any person or entity who is the owner or who has primary responsibility for the management, repair, or maintenance of the property, building, structure, or surface.
"Spray actuator"
means an object, such as a spray tip, nozzle, or button, which is capable of being attached to an aerosol spray can for the purpose of spraying the substance contained therein.
"Surface"
means the exposed area of any object, including, but not limited to, walls, fences, sidewalks, curbs, street lamp poles, utility poles, transformers, trees and vegetation, signs, and/or trash receptacles.
(Ord. 6729, 10/4/2023)
It is hereby declared that graffiti is obnoxious and a public and private nuisance, and is subject to abatement and punishment as defined in this code and state law.
(Ord. 6729, 10/4/2023)
It is unlawful for any minor to possess any graffiti implement for the purpose of defacing private or public property without the consent of the responsible person. Any law enforcement officer who observes a minor use a graffiti implement to commit graffiti may take immediate possession of the graffiti implement.
This section shall not apply if such minor is in possession of a graffiti implement in order to perform a task as directed by the minor's parent, guardian, instructor or employer, and if that task would not be a violation of this chapter if conducted by an adult.
(Ord. 6729, 10/4/2023)
It is unlawful for any person to sell, give, or otherwise furnish any aerosol spray can or etching cream to any minor without the consent of the minor's parent or legal guardian. Evidence that a person, his or her employee, or agent demanded and was shown bona fide evidence by the minor representing that such minor is of the age of majority, and that such person acted upon such evidence of age of majority in the transaction or sale, is a defense to any criminal prosecution.
[Ord. 6729, 10/4/2023]
As per Penal Code Section 594.1(c), all retail establishments which offer for sale to the public paint in aerosol spray cans or etching creams shall post in a conspicuous place a sign stating that any person who maliciously defaces real or personal property with etching cream or paint is guilty of vandalism.
(Ord. 6729, 10/4/2023)
A. 
It is unlawful for any person to inscribe, mark, etch, apply, or otherwise place any graffiti upon any publicly or privately owned property within the city.
B. 
It is unlawful for any person to possess any graffiti implement for the purpose of inscribing, marking, etching, applying, or otherwise placing any graffiti upon any publicly or privately owned property within the city.
C. 
It is unlawful for any responsible person to permit or allow any graffiti to remain on any publically or privately owned property within the city for longer than 72 hours after notice (defined in Section 10.53.080) of the existence of the graffiti.
(Ord. 6729, 10/4/2023)
A. 
Graffiti on any property shall be abated by the responsible person no later than 72 hours after notice of the existence of the graffiti.
B. 
"Notice" for purpose of Section 10.53.070 and this section may be constructive notice to the responsible person or notification by the city to the responsible person of the existence of the graffiti. Constructive notice to the responsible person shall be effected when, based on all of the relevant facts and circumstances, a reasonable person would know of the existence of the graffiti. Notification by the city to the responsible person shall be effected upon either of the following: (1) the city's posting of a written notice on the property in a reasonably visible location stating the existence of the graffiti and that such graffiti must be removed within 72 hours; or (2) the city's making direct contact with the responsible person or their agent, employee, or representative and informing such person of the existence of the graffiti and that such graffiti must be removed within 72 hours.
C. 
Graffiti shall be considered "abated" for purposes of this section when the graffiti is removed or has been covered by paint or similar material that is substantially the same shade or color and texture to the area upon which the graffiti was placed.
(Ord. 6729, 10/4/2023)
Whenever the city becomes aware, or is notified and determines, that graffiti is so located on property and is visible to the public, the city shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti. The city shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the director of development services, or their designee, determines that a more extensive area is reasonably necessary to be repainted or repaired to avoid an aesthetic disfigurement to the surrounding property, neighborhood, or community.
(Ord. 6729, 10/4/2023)
A. 
Graffiti located on property owned by the city may be immediately removed and abated by the graffiti coordinator by any reasonable means.
B. 
Graffiti located on privately owned property or on property owned by a public entity other than the city may be removed and abated by the city if the responsible person or other public entity consents to such abatement, agrees to reimburse the city for the costs of the abatement incurred by the city, and executes and delivers a waiver and release to the benefit of the city in a form approved by the city attorney. Where these conditions have been satisfied, the graffiti may be removed and abated by the graffiti coordinator by any reasonable means.
C. 
If graffiti located on non-city property is not removed and abated within the time periods provided in Section 10.53.080 and the graffiti cannot be removed or abated by the city pursuant to subsection B of this section, the city may utilize the procedures set forth in Chapter 2.52, in addition to any other available remedies, to achieve compliance.
(Ord. 6729, 10/4/2023)
Violation of any provision of this chapter may be charged as an administrative citation, infraction, or misdemeanor, at the discretion of the city attorney.
(Ord. 6729, 10/4/2023)
A. 
Any person or entity violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this chapter is committed, continued, or permitted by such person or entity and shall be deemed punishable therefor as provided herein.
B. 
If a minor is personally unable to pay any fine or restitution levied for violating this chapter, each parent or legal guardian shall be personally liable for the payment of the fine or restitution for any acts of the minor.
C. 
In addition to any other remedy provided herein, each parent or legal guardian shall also 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's or guardian's minor child, and for all law enforcement costs, city staff costs, attorneys' fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement in accordance with California Civil Code Section 1714.1.
(Ord. 6729, 10/4/2023)
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that any property owner or minor is responsible for a condition to be abated pursuant to this chapter, the court may order such offender to pay treble the costs of the corresponding abatement. This section does not apply to conditions abated pursuant to Health and Safety Code Section 17980.
(Ord. 6729, 10/4/2023)
A. 
Any person who is found guilty of violating Section 10.53.070(A) shall pay restitution to the property owner, in addition to authorized penalties to the city. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution.
B. 
The city may, as permitted by state law, file a lien to collect abatement and related administrative costs incurred in the abatement of any violation of Section 10.53.070(A). The city may record this lien on real property belonging to the person found guilty of violating Section 10.53.070(A), or if the person is a minor, on real property owned by the parent or guardian having custody and control of the minor. This lien may only be filed against the person who is found guilty of violating Section 10.53.070(A), or if the individual is a minor, the parent or guardian having custody and control of the individual.
C. 
Prior to recording a graffiti nuisance abatement lien, the city shall serve notice on the person who violated Section 10.53.070(A), or if the person is a minor, the city shall serve notice on the parent or guardian having custody and control of the minor. The notice shall be served in the same manner as a summons in a civil action. If the parent or guardian or other person cannot be found after diligent search, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian or other person, in a conspicuous place, for a period of 10 calendar days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. The notice shall include an itemized description of the abatement and related administrative costs, the date of the abatement order, a description of the lien process, and the facts supporting the lien on the property.
D. 
The graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
E. 
The graffiti nuisance abatement lien shall specify the amount of the lien; that it is recorded on behalf of the city; the date of the abatement order; the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.
F. 
If the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection D, above, shall be recorded by the city.
G. 
The graffiti nuisance abatement lien authorized by this section may be satisfied through foreclosure in an action brought by the city.
H. 
The city may recover any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. As used in this chapter, "abatement and related administrative costs" include, but are not limited to, court costs, attorneys' fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person. Attorneys' fees may be awarded to the prevailing party in any litigation initiated under this section.
I. 
As an alternative to obtaining a graffiti nuisance abatement lien as described above, and as permitted by state law, the city may make the abatement and related administrative costs a special assessment against a parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. The special assessment shall be collected as provided for in Government Code Section 38773.6.
(Ord. 6729, 10/4/2023)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 6729, 10/4/2023)