The purpose and intent of this section is to provide the additional enforcement tools necessary to assist in the protection of public and private property from acts of defacement and vandalism caused by graffiti in order to reduce the blight and deterioration of property values in the City of Orange.
A. 
The City finds and determines as follows:
1. 
Graffiti on structures located upon public and private property is a blighting factor which depreciates the value of the property and also devalues the adjacent and surrounding properties in the community; and
2. 
It is the City's intent to prohibit the placement of graffiti on structures located on both public and private property; and
3. 
Government Code Section 53069.3 provides that a city may enact an ordinance authorizing the use of city funds to remove the graffiti or other material from public or privately owned permanent structures if the City finds the graffiti or other inscribed material is obnoxious; and
4. 
The City Council hereby finds that graffiti or related inscribed materials are obnoxious as herein discussed and authorizes the establishment of a program to allow the use of City funds to remove graffiti from structures of public and private property; and
5. 
Government Code Section 53069.5 provides that a city may offer and pay a reward for information leading to the determination of the identity of, and the apprehension of, any person who willfully damages or destroys any property.
(Ord. 4-93)
"Graffiti implement"
means any tool that can mark surfaces to create graffiti. This includes aerosol paint containers, paint sticks, felt-tip markers, marking pens, drill bits, grinding stones, scribers, glass cutters, etching tools, and other items capable of damaging glass, plastic, wood, metal, or concrete.
"Graffiti"
means any unauthorized inscriptions, words, figures, art, or designs created by marking, etching, inscribing, drawing, spraying paint. This includes using materials like paint, spray paint, ink, chalk, dye, etching tools, slap tags or similar substances on public or private structures, buildings, posts, lamppost, poles, signs, curbs, sidewalks, streets, roads, trees, walls, fences, objects, or other facilities regardless of the of the material of the surface.
"Obnoxious graffiti"
means graffiti which has any of the following characteristics:
1. 
Insults or incites hatred or contempt of any person or group on the basis of ethnic origin, gender, race, or religious affiliation;
2. 
Refers to the name of a gang or includes words or symbols associated with a gang or individual gang member;
3. 
Refers to the name or identity of an individual tagger or members of a tagging group or organization;
4. 
Insults or threatens any identifiable individual or group;
5. 
Includes obscene or indecent language or depictions;
6. 
Promotes criminal activity or promotes retaliatory action by an individual(s);
7. 
Constitutes an aesthetic blight to a neighborhood.
"Slap tags"
means images or messages with an adhesive glue or tape, such as, but not limited to, decals, stickers, posters, or labels that may be applied or affixed to any surfaces on public and private property without permission.
"Spray actuator" ("spray tip", "nozzle", or "button")
means an object which is capable of being attached to an aerosol paint container for the purpose of spraying paint.
(Ord. 4-93; Ord. 29-24, 11/26/2024)
It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, permanent structures, or places located on public or privately owned property within the City.
(Ord. 4-93)
It shall be unlawful, and a misdemeanor, for any person to possess any graffiti implement, as defined in Section 8.37.020 of this chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1.
(Ord. 4-93)
A. 
It shall be unlawful, and a misdemeanor, for any person under the age of 18 years to possess any graffiti implement, as defined in Section 8.37.020 of this chapter, while upon public property, or upon private property, without the prior written consent of the owner of such property.
B. 
The foregoing provision shall not apply to a minor who is attending or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school that has, as a written requirement of the class, the need to use any graffiti implement. For purposes of this section, graffiti implement shall not include a transparent implement used to highlight reading material or an implement that can be dry erased.
(Ord. 1-07)
It shall be unlawful, and a misdemeanor, for any person to posses any spray actuator, as defined in Section 8.37.020 of this chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative.
(Ord. 4-93)
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale.
(Ord. 4-93)
A. 
Owner(s), occupant(s) or person(s) in control of any private property shall keep such property clear and free of graffiti at all times.
B. 
Private property owner(s), occupant(s), or person(s) in control shall not allow graffiti visible from public areas (e.g., highways, streets, parkways, sidewalks, alleys) to remain on their property but in no case 24 hours after receiving removal notice from the City.
(Ord. 4-93; Ord. 29-24, 11/26/2024)
It shall be unlawful for the owner of any utility box, pole, or other appurtenances on any City property to permit graffiti to remain on such structures for a period of more than two business days when such graffiti is capable of being viewed by a person utilizing any public right-of-way in the City, such as a highway, street, sidewalk, road, parkway or alley. The two business days shall run from the time the City has given written or telephonic notice to the owner of such structure. All persons possessing such structures shall provide the City with an address and telephone number the City can utilize to provide such notification. If the graffiti is not removed within the applicable two business days, the City may summarily remove the graffiti.
In addition to penalties provided under this chapter, the owner of the structure shall reimburse the City for its cost of removal, including any costs associated with notification. The City shall provide the owner of the structure with an invoice for the costs. If the owner of the structure desires to dispute either the imposition or the amount of the invoice, then such owner shall notify the Public Works Director in writing of a request for hearing within 10 City business days of the mailing of the invoice. The invoice shall notify the owner of the address at which to request an appeal as well as the timeframe for making such a request. Failure to request an appeal within the time frame provided by this section shall be deemed as a waiver of any right to contest the imposition or the amount of the invoice. If an appeal is requested, a hearing shall be held in the manner set forth in Section 8.04.090 of the Orange Municipal Code. The hearing officer shall determine whether or not the imposition and amount of the invoice were appropriate under this section.
The ordinance codified in this section shall not be enforced against an entity or person that has submitted a voluntary pro-active graffiti removal program which has been approved by the Public Works Director and which such person or entity is in compliance as determined by the Public Works Director.
(Ord. 16-06)
A. 
Obnoxious Graffiti. The City Manager or designee may immediately without notice remove obnoxious graffiti that threatens public health, safety, or welfare.
B. 
Abatement. If owner(s), occupants(s), or person(s) in control of private property does not remove graffiti 24 hours after receiving removal notice from the City, graffiti is per se a public nuisance and the City may remove graffiti at the owner's expense.
C. 
Appeals. A challenge to cost recovery may be made to the City Manager or designee. Such appeal must be submitted in writing within 24 hours of the City's action and filed with the City Clerk's Office along with payment of an appeal fee in an amount established by resolution of the City Council. The notice of appeal shall briefly state the grounds of appeal and be signed by the appealing party. Said appeal shall be heard by the City Manager or designee as soon as practical. The appellant shall be allowed to introduce evidence and call witnesses at the hearing. The decision by the City Manager or designee shall be in writing and shall be final.
(Ord. 3-81; Ord. 4-93; Ord. 4-10, 2010; Ord. 29-24, 11/26/2024)
Prior History: Former § 8.37.090 Responsibility for Cost of Removal, added by Ord. 4-93 was repealed by Ord. 29-24, 11/26/2024.
Prior History: Former § 8.37.095 Cost of Graffiti Removal, added by Ord. 4-10, 2010 was repealed by Ord. 29-24, 11/26/2024
A. 
Nothing in this chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this chapter in accordance with Chapters 1.08 and 1.10 of the Orange Municipal Code.
B. 
Minor and Parental Financial Responsibility. Pursuant to California Government Code Section 38772, the City Council makes the cost of graffiti abatement for violations committed by a minor: (1) a personal obligation of both the minor and the minor's parent(s) or legal guardian(s); and (2) a lien against the property of the minor or a lien against the property of the minor's parent(s) or legal guardian(s). Pursuant to California Government Code Section 38772(c), the County Probation Officer shall report the names and addresses of the minor's parent(s) or legal guardian(s) to the City Clerk.
C. 
Recovery of Attorneys' Fees. Pursuant to California Government Code Section 38773.5(b), the City can recover attorneys' fees in any action, administrative proceeding, or special proceeding to abate public nuisances. Fees are awarded to the prevailing party and limited to cases where the City seeks its own fees from the start. Awards cannot exceed the City's reasonable fees.
D. 
Treble Damages. Pursuant to California Government Code Section 38773.7, if a second or subsequent judgment within two years finds a property owner or responsible person liable for a condition that can be abated (excluding California Health and Safety Code Section 17980 conditions), the City may seek an order for that person to pay three times the abatement costs.
(Ord. 4-93; Ord. 29-24, 11/26/2024)
A reward in an amount established by resolution of the City Council may be authorized, offered and may be paid by the City to any person who provides information which leads to the determination of the identity of, and the apprehension and conviction of, any person who willfully or maliciously paints, mars, or defaces any public or private structure located on private or public property within the City.
No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward.
In the event of damage to public property the person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable to reimburse the City for any rewards paid pursuant to this section.
(Ord. 59-80; Ord. 4-93)
It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this section form an interrelated program for dealing with the problem of graffiti and vandalism within the City, but that such sections, paragraphs, clauses and phrases are distinct and severable and, in the event that any sections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining sections, paragraphs, clauses or phrases of this chapter.
(Ord. 4-93)