The purpose of this chapter is to provide regulations designed
to prevent and control the spread of graffiti in the city and to provide
a program for removal of graffiti from walls and structures on both
public and private property in a timely manner. The city council adopts
this chapter pursuant to Government Code Section 53069.3, which authorizes
cities to use public funds to remove graffiti from public and private
property.
(Ord. 1094 § 2, 1991)
Graffiti on public or private property is a blighting factor
which both depreciates the value of the property which has been the
target of such vandalism, and also depreciates the value of the adjacent
and surrounding properties, and in so doing, has a negative impact
upon the entire community.
Further, the existence of graffiti tends to encourage other
acts of malicious vandalism and may breed community discontentment
and other forms of criminal activity. The council finds and determines
the graffiti is obnoxious and a public nuisance and unless it is removed
expeditiously 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 the entire community depreciates
in value and becomes a less desirable place to be.
(Ord. 1094 § 2, 1991)
“Graffiti” means the unauthorized application
of paint, ink, chalk, dye or any other substance on public and private
buildings, structures and places, written or drawn, so as to be seen
by the public.
Graffiti having any of the following characteristics shall
be deemed obnoxious:
Insult to or incitement of hatred of or contempt for any racial,
religious or ethnic group;
Inclusion of or reference to the name of any gang, or words
or symbols associated with a gang or gangs;
Insult or threat to any identifiable individual or group;
Obscene or indecent language or pictures;
Any graffiti which is an eyesore to the neighborhood or which
tends to attract more graffiti.
(Ord. 1094 § 2, 1991)
(a)
It is unlawful for any person to apply graffiti on any public or
privately owned permanent structures located on public or privately
owned real property within the city.
(b)
It is unlawful for the owner or manager or person in control of a
lot or parcel to: (1) permit obnoxious graffiti to remain upon such
lot or parcel of land; or (2) maintain any structure affixed to such
lot or parcel of land with obnoxious graffiti on such structure for
a period in excess of those prescribed in this chapter.
(Ord. 1094 § 2, 1991)
(a)
Sale to Minors Unlawful. It is unlawful for any person to sell or
give to any individual under the age of eighteen years, who is not
accompanied by a responsible adult, any aerosol container of paint
or other liquid substance capable of being used to deface property.
(b)
Signs Required. Any person engaged in the retail sale of aerosol
containers of paint and other liquid substances capable of being used
to deface property must display at the location of retail sale a legible
sign clearly visible to employees and customers which states:
It is unlawful for any person to sell or give to any individual
under the age of eighteen years, who is not accompanied by a responsible
adult, any aerosol container of paint or other liquid substance capable
of being used to deface property.
(c)
Possession by Minors Prohibited. It is unlawful for any individual
under the age of eighteen years, who is in a public place or upon
private property without consent of the owner or tenant thereof and
who is not accompanied by a responsible adult, to possess an aerosol
container of paint or other liquid substance capable of being used
to deface property.
(Ord. 1094 § 2, 1991)
(a)
Whenever graffiti or other inscribed material is so located on public
or privately owned permanent structures, or on public or privately
owned real property within the city which either is visible from any
public right-of-way or from a property adjacent to the property on
which the graffiti is located, chief of police or designee is authorized
to provide for the removal of the graffiti in accordance with state
law and established city procedures.
(b)
Graffiti found on property owned by a public entity other than the
city may be removed after securing consent from the public agency
having jurisdiction over the structure or real property on which the
graffiti is located. The removal will be at no cost to the public
entity.
(c)
Prior to removal of graffiti from private property, notice shall
be posted on the property stating that if the graffiti is not removed
within forty-eight hours, the city will enter onto the property and
remove the graffiti. Forty-eight hours after posting notice, the city
may enter the property and remove any existing graffiti at no cost
to the property owners. Any renter or other occupant of premises posted
under this section shall immediately forward the posted notice to
the property owner.
(Ord. 1094 § 2, 1991; Ord. 1123 § 1, 1992)
In the event the owner or manager or person in control of a
property where graffiti has been found objects to the city to entering
upon the property for the purpose of removing graffiti in accordance
with this chapter, the property owner or manager or person in control
shall remove the graffiti at private expense within forty-eight hours
of receipt of notification by city of the obligation to do so.
(Ord. 1094 § 2, 1991; Ord. 1123 § 2, 1992)
Failure of the property owner or manager or person in control
to remove graffiti within the forty-eight hour period, and object
to the city removing it, shall constitute a public nuisance and upon
discovery of such public nuisance, the city shall notify the owner
or manager or person in control that the nuisance shall be abated
by the city at private expense. All other aspects of the nuisance
abatement process, including assessment of costs, shall be carried
out in conformance with Chapter 8.24 of this code.
(Ord. 1094 § 2, 1991; Ord. 1123 § 3, 1992)
(a)
Any person found guilty of applying graffiti in violation of Section 10.48.040(a) shall reimburse the city or the property owner for any and all costs the city or property owner may incur in removing graffiti under the provisions of this chapter. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to Penal Code Section 594 et seq. If the violator is a minor, the parent or guardian shall be responsible for such reimbursement.
(b)
Any owner, or manager, or person in control of any structure or real
property, who permits or maintains any graffiti in violation of this
chapter, is guilty of an infraction.
(c)
Any person who removes any notice or order posted as required by
this chapter, for the purpose of interfering with the enforcement
of the provisions of this chapter, is guilty of an infraction.
(d)
Any person who obstructs, impedes or interferes with any representative
of the city or with any owner or manager or person in control of private
property when any of the aforementioned individuals are lawfully engaged
in proceedings involving the abatement of graffiti under this chapter
is guilty of an infraction.
(e)
Any person who fails to comply with an order of abatement or who
violates any other provision of this chapter is guilty of an infraction.
(Ord. 1094 § 2, 1991)
Nothing in this chapter shall be deemed to prevent the city
attorney from commencing a civil or criminal proceeding to abate a
public nuisance under applicable civil or penal code provisions. The
remedies provided for herein shall be cumulative and not exclusive.
(Ord. 1094 § 2, 1991)
