A. 
It is the purpose and intent of the City Council through the adoption of this chapter, to provide enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and values of private property owners as well as the total community.
B. 
It is further the intent of the City Council to strictly enforce this chapter and prosecute those persons engaging in defacement of public and private properties.
C. 
It is further the City Council's intent to provide for the prohibition of the placement of graffiti on structures located either on public or private property.
D. 
Government Code Section 53069.3 authorizes a City to enact ordinances to provide for the use of City funds to remove graffiti from public and privately owned structures located within the City.
E. 
The City Council finds that graffiti or related inscribed materials are obnoxious and pursuant to Government Code Section 53069.3 authorizes that the program be instituted allowing for the use of City funds to remove graffiti from structures on public and private property.
F. 
Government Code Section 53069.5 authorizes a City to offer and pay a reward for information leading to the determination of, and identity of, and the apprehension of any person who willfully damages property.
(Ord. 560 § 3, 2019)
As used in this chapter:
"Aerosol paint container"
means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
"Etching tool"
means any inscribing, engraving pen, glass cutter, etching pen, chemical pen, or similar implement which is adapted to or made for the purpose of leaving permanent marks on glass, plastic or similar materials.
"Felt tip marker"
means any pen or marker or similar implement with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble.
"Graffiti"
means any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted (e.g., stickers) or otherwise affixed to or on any real or personal property, regardless of the nature of the material of that property, that is not authorized in advance by the owner thereof, or despite advanced authorization, is otherwise deemed to be a public nuisance in Chapter 1.10.
"Graffiti implement"
means any aerosol paint container, felt tip marker, paint stick or etching tool.
"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.
(Ord. 560 § 3, 2019)
It is unlawful for any person to intentionally place graffiti on private or public property. A mistake as to the private property owner's identity is not a defense to a violation of this section.
(Ord. 560 § 3, 2019)
A. 
It is unlawful for any minor under the age of 18 to possess a graffiti implement while on any public highway, street, alleyway, park, playground, swimming pool or other public place, whether such a minor is or is not in any automobile, vehicle, or other conveyance.
B. 
This section does not apply if a minor is in possession of a graffiti implement in order to perform a task 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. 560 § 3, 2019)
It is unlawful for any person, other than a parent or legal guardian, to sell, give or in any way furnish, to a minor any aerosol paint containers, marker pens, and/or other graffiti implements that are capable of defacing property, without the consent of the minor's parent or legal guardian, which must be given in advance.
(Ord. 560 § 3, 2019)
The City Council will from time to time determine and fix the costs for the removal of graffiti. These costs include an amount to be assessed as administrative costs.
(Ord. 560 § 3, 2019)
Upon discovering the existence of graffiti on private or public property within the City, the code compliance officer has the authority to cause the abatement and removal thereof in accordance with the procedures prescribed in Chapter 1.10.
(Ord. 560 § 3, 2019)
A person subject to the nuisance abatement procedures described in Section 7.16.070 may appeal the notice of intent to abate and request a hearing in accordance with the procedures set forth in Chapter 1.10; provided, however, that the appeal must be submitted to the Director of Community Services.
(Ord. 560 § 3, 2019)
To the fullest extent permitted by State law, including Government Code Section 38773.7, a person who has two or more civil or criminal judgments within a two-year period finding a violation of this chapter is liable for a fine in the amount of three times the cost of abatement.
(Ord. 560 § 3, 2019)
If the City removes graffiti from private property after notice of intent to abate and all or any portion of the assessed charges remain unpaid after 30 days, the unpaid portion constitutes a debt to the City and is declared to constitute a lien on the property which may be recorded against the property in accordance with the procedures set forth in Chapter 1.12.
(Ord. 560 § 3, 2019)
A. 
Common Utility Colors and Paint Type. Any gas, electric, telephone, water, sewer, cable, and other utility operating in the City must paint above surface metal fixtures with a paint type and color approved by the Director of Community Services.
B. 
Private Property. If a property owner provides consent to the City to remove graffiti from private property, the City does not guarantee to color match the existing property. A property owner may provide the City with desired paint for use in graffiti abatement on private property.
C. 
Condition of Encroachment Permits. Any encroachment permit issued by the City may, among other things, be conditioned on any or all of the following:
1. 
The permittee must apply an anti-graffiti material acceptable to the Department of Community Services;
2. 
The permittee must immediately remove any graffiti from the encroaching structure;
3. 
A reservation of the City's right to remove graffiti or to paint the encroaching object;
4. 
The permittee must provide the City with matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti; and
5. 
Any other design features to eliminate or deter graffiti, including, but not limited to:
a. 
Use of a protective coating to provide for the effective and expeditious removal of graffiti,
b. 
Use of additional lighting,
c. 
Use of nonsolid fencing,
d. 
Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation,
e. 
Use of architectural design and materials to break up long continuous walls or solid areas.
(Ord. 560 § 3, 2019)
A. 
Design of Anti-Graffiti Surfaces. Any applicant for an administrative or discretionary permit, including, but not limited to, a conditional use permit, or other form of development or building permit, must design any existing or proposed building structures visible from any public or quasi-public place in such a manner to consider prevention of graffiti to the extent deemed feasible by the Director of Development Services, including, but not limited to use of the following design elements:
1. 
A protective coating to provide for the effective and expeditious removal of graffiti;
2. 
Additional lighting;
3. 
Nonsolid fencing;
4. 
Landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and
5. 
Architectural design and materials to break up long continuous walls or solid areas.
B. 
Retrofit. The Director of Community Services may require nonresidential property to be retrofitted, at the cost of the property owner, with such features or qualities necessary to reduce the attractiveness of the surface for graffiti or to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the Director of Community Services may require retrofitting only when property has been defaced with graffiti more than three times in 12 months, and only when the cost of retrofitting the property is less than three times the cost of one year's expense to the property owner for graffiti removal.
(Ord. 560 § 3, 2019)
A. 
Council May Authorize Offering of Rewards. The City Council may authorize a reward, in an amount set by resolution, for information leading to the identification and apprehension of any person who willfully damages public or private property within the City. No law enforcement officer, municipal officer or employee of the City is eligible to claim such reward.
B. 
Recovery of Reward. Upon conviction of a violation of Section 7.16.030, the court must order, in addition to any other penalty imposed, that the offender reimburse to the City:
1. 
City's cost of removing graffiti placed by the offender;
2. 
City's cost of any reward given for information leading to the apprehension and conviction of the offender. If the offender is an unemancipated minor, the minor's parents or guardians are liable and must pay the cost set forth above. Failure to pay such costs within 30 days after demand by the City, is a violation of the provisions of this section.
(Ord. 560 § 3, 2019)
A. 
Community Service. Any minor convicted of committing an offense in the City may be required, at the City's option, to perform community service, including graffiti removal, of not less than 16 hours nor more than 80 hours.
B. 
Liability for Costs. A person convicted of a violation of this chapter is liable for the costs related to the removal and abatement of the graffiti. If the convicted person is a minor, the minor's parents and/or legal guardian are liable for all costs associated with the removal and abatement of the graffiti.
(Ord. 560 § 3, 2019)