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)
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)
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)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(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)
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)