It is the purpose and intent of this chapter to prevent graffiti and to promote its eradication and to prevent related vandalism, as graffiti and related vandalism adversely affect property (both public and private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces which are targets for graffiti or are subject to graffiti-related vandalism. It is the further intent of this chapter to fight against blight, to preserve the value of property (both public and private) and to promote the security of the community, all of which are now being threatened by the spread of graffiti and graffiti-related vandalism.
(Ord. 392 § 1, 1993)
As used in this chapter:
"Abatement and related administrative costs"
means and includes, but is not limited to, court costs, attorneys' fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city, in identifying and apprehending the minor.
"Aerosol paint container"
means any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel and/or propel any such substance.
"Etchers"
means any tool, device, and/or other mechanism including, but not limited to, any tool, device, drill bit, and/or other mechanism commonly known as "glass etchers," "metal etchers," "cutting instrument" or any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface which can cause any markings commonly known as graffiti or related vandalism.
"Graffiti and related vandalism"
means any unauthorized inscription, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered to any surface (public or private), including but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or any other structures or surfaces, regardless of the material of the component.
"Graffiti implements or paraphernalia"
means any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels; also including, but not limited to, tips (or nozzles) which can be applied to aerosol paint containers; any records of graffiti or related vandalism, including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms of graffiti or related vandalism.
"Gum label"
means any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labels.
"Markers"
means any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and completely removed with water after such substance has dried; where the width of the marking is one-sixteenth of one inch or greater.
"Minor"
means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Sections 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment or a violation of Sections 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Sections 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.
"Paint balloon"
means any canister, can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material which contains any substance commonly known as paint, stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private, upon impact or contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces regardless of the material of the component.
"Paint stick"
means any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark measuring at least one-sixteenth of one inch at any point, otherwise described as graffiti or related vandalism.
"Stamp" or "stamping device"
means any tool, device or implement which can cause upon impact or contact any mark (described above as graffiti or related vandalism) by means of ink, paint, stain or any other substance or material including, but not limited to, any device commonly known as a rubber stamp or similar device (whether manufactured, hand made or devised) for the purpose of defacing property, public or private.
"Supplier"
means any person(s) or entity such as, but not limited to, any business, company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor, retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements.
(Ord. 392 § 1, 1993; Ord. 478 § 1, 1998)
A. 
It is unlawful for any person or group of persons to commit any overt act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism including, but not limited to, any of the following acts:
1. 
Any act such as drawing, scribing, etching, marking, painting, staining, sticking on or adhering to any surface, public or private, including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces;
2. 
Any act or participation in applying graffiti such as, but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism, including, but not limited to, acting as a look-out, regardless of the fact the act was not actually witnessed;
3. 
Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he or she has control as owner, tenant or possessor without promptly reporting such acts to the proper authorities is guilty of being an accessory.
Exceptions: Any mural or work of art approved by the city through a design review or planning process and requiring proper permits prior to commencement of any work, shall not constitute graffiti.
B. 
It is unlawful for any person, business, company, or other entity which owns or otherwise controls any building, sign, pole, vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on, or to take place on, any such structure or property where the graffiti and/or results of the vandalism are or are reasonably expected to be visible from any public right-of-way.
C. 
Graffiti and/or graffiti-related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right-of-way shall be deemed to be a public nuisance and shall be subject to abatement as provided for in Chapter 11.71.
(Ord. 392 § 1, 1993)
The expense of abatement and related administrative costs of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material shall become the personal obligation of the minor creating, causing or committing the nuisance via the recordation of a lien against any real property owned by the owner.
(Ord. 478 § 1, 1998)
A. 
The parent(s) or guardian(s) having custody and control of the minor creating, causing or committing a nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material shall be jointly and severally liable with the minor for the expense of abatement and related administrative costs of any such nuisance.
B. 
The expense of abatement and related administrative costs of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material shall become the personal obligation of the parent(s) or guardian(s) having custody and control of the minor creating, causing or committing the nuisance via the recordation of a lien against any real property owned by the parent(s) or guardian(s).
(Ord. 478 § 1, 1998)
A. 
Notice to the minor and/or parent(s) or guardian(s) shall be provided prior to recording any nuisance abatement lien against the minor or parent(s) or guardian(s) whose property is subject to the lien.
B. 
Notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
1. 
If the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor, in a conspicuous place, for a period of ten days.
2. 
If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten days.
C. 
The notice shall also be published pursuant to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
D. 
A graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located.
E. 
From the date of recording, the lien shall have the force, effect and priority of a judgment lien.
F. 
A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; 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.
G. 
If the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (F) of this section shall be recorded by the city.
H. 
A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city.
I. 
The city may recover from the property owner 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.
(Ord. 478 § 1, 1998)
A. 
It is unlawful for any person under the age of eighteen years to possess any graffiti implement or paraphernalia with the intent of applying graffiti markings or engaging in related vandalism.
Exceptions:
1. 
Any minor enrolled in any education class which requires otherwise legal possession of any graffiti implement or paraphernalia provided the minor is carrying written verification of any such requirements including color(s), size(s), and quantity, and written consent from his or her parent or lawfully designated custodian, dated and signed;
2. 
Any minor whose employment requires possession of any graffiti implement or paraphernalia provided such minor is carrying written verification of any such job requirements including color(s), size(s), quantity, job information and purpose, and written consent from the employer, dated and signed.
B. 
It is unlawful for any unauthorized person to possess any graffiti implement or paraphernalia while in, on, at or about any public property, including, but not limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school district facilities, libraries, court houses, utility stations, streets, sidewalks, storm drains or any other publicly owned, operated and/or maintained facility.
(Ord. 392 § 1, 1993)
It is unlawful for any person, firm or corporation, other than the parent or lawfully designated custodian of the minor, to sell, loan, give, exchange or otherwise furnish any aerosol paint containers, paint sticks or etchers to any person under the age of eighteen years without the advance written consent (in possession) from the parent or lawfully designated custodian of said minor.
(Ord. 392 § 1, 1993)
A. 
It is unlawful for any supplier to display any graffiti implement or paraphernalia including any such tool, device, material or substance including, but not limited to, aerosol paint containers, markers, paint sticks and/or etchers, in such a way as to be accessible by anyone who is not an employee of the supplier or other authorized personnel pending lawful distribution of said implement or product.
B. 
It is unlawful for any supplier to store, stock or display any graffiti implement or paraphernalia in such a way as to be handled (or be removable) by anyone who is not an employee of the supplier or authorized personnel for purposes of demonstration, advertising or other display.
C. 
It is unlawful for any supplier to display any graffiti implement or paraphernalia outdoors in a non-permanent structure or facility unless displayed in a lock-up device; i.e., a locked metal, glass or other similar cage or case, securely fastened to the ground so as not to be able to be caused to slide, roll, be lifted or otherwise moved more than two inches in any direction. All lock-up devices shall maintain a minimum size as follows: height of thirty-six inches, width (or length) of seventy-two inches, depth of eighteen inches or greater, with no more than one opening side.
D. 
All suppliers of aerosol paint containers, markers, paint sticks, etchers, gum labels, or other graffiti implements or paraphernalia, as defined, doing business in the city, shall display a sign stating the following:
1. 
"Must be 18 (eighteen) years of age to purchase. Must have valid I.D. to purchase," or similar inscription;
2. 
"Any person who maliciously defaces real or personal property with graffiti or by related vandalism is guilty of a misdemeanor punishable by fine, imprisonment, or both."
All signs must be at least ten inches by sixteen inches, with letter size of at least one inch, and posted in a conspicuous place within six feet of said implement or product.
E. 
It shall be the joint and individual responsibility of the supplier, vendor, property owner, property manager, store manager and/or district manager or corporate officer to comply with any and all applicable sections of this chapter.
(Ord. 392 § 1, 1993)
A. 
Any violation of this chapter is a misdemeanor punishable by a fine of up to one thousand dollars, or up to six months in the county jail, or both, and/or community service.
B. 
As a part of the sentence imposed, the court may also order that restitution be paid to the victim by the admitted or convicted perpetrator and in the case of a perpetrator who is a minor by the minor's parent or lawfully designated guardian or custodian.
C. 
Upon conviction, the perpetrator and/or parent or lawfully designated guardian or custodian may be required to enroll in and attend a diversionary program, possibly requiring liability waivers and/or payment toward all or a portion of the cost of the program, as such costs shall have been established by the city council, or, if the diversion program is conducted through the county, such costs as may have been established by the board of supervisors of the county.
(Ord. 392 § 1, 1993)
This chapter shall be interpreted so as to work with and in conjunction with (when and where applicable) any and all state and/or local ordinances relating to the control of graffiti and/or related vandalism, including, but not limited to, Sections 594, 594.1, 594.3, 640.5, and 640.6 of the California Penal Code; Section 1714.1 of the California Civil Code; Section 53069.3 of the California Government Code; and Riverside County Ordinance 704.
(Ord. 392 § 1, 1993)