For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
"Aerosol container"
means any aerosol-based container, bottle, spray device, or other mechanism, six ounces or less which is adapted or made for the purpose of spraying paint, ink, dye, or other similar substance.
"Bona fide evidence of majority and identity"
means any documents evidencing the age and identity of an individual which has been issued by a federal, state, or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued by a member of the armed forces.
"Felt-tip marker"
means any indelible marker, pen, or similar implement which contains a fluid which is not soluble in water and has a flat, pointed, or angled tip which at its broadest width is greater than one-eighth inch.
"Graffiti"
means the unauthorized application of paint, ink, chalk, dye, or the use of any other instrument capable of defacing, damaging, or destroying public and private buildings, structures, or any portion thereof.
"Graffiti implement"
means an aerosol container, a felt-tip marker, paint stick, etching instrument, or any other device containing paint, ink, chalk, dye, or similar substance which when used or applied is capable of defacing glass, metal, concrete, stucco, or wood.
"Graffiti stick or paint stick"
means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that is not water soluble and is capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch in width.
(Ord. 1619 § 2, 1993)
(a) 
It is unlawful for any person to apply graffiti to any public or privately owned structure located on public or privately owned real property within the city.
(b) 
It is unlawful for any owner, lessee, occupant, or other person having present possession of a lot or parcel of land within the city which has graffiti or other inscribed material, capable of being viewed from the public right-of-way to: (1) permit graffiti to remain upon such lot or parcel of land, or (2) to maintain any structure or sign affixed to such lot or parcel of land with graffiti on such structure or any portion thereof, for a period in excess of forty-eight hours following service by the city of a notice to abate graffiti.
(c) 
The parents or legal guardian of a minor violating this chapter shall be jointly and severally liable for payment of civil damages, including court costs and attorneys' fees to the prevailing party, resulting from the willful misconduct of the minor that results in the defacement of city property as authorized by the provisions of California Civil Code Section 1714.1, and any amendments thereto, or any other applicable legal authority.
(Ord. 1619 § 2, 1993; Ord. 1935 § 1, 2010)
No person under the age of eighteen years and not in the presence of a parent or legal guardian shall have in his or her possession a "graffiti implement," as defined while in any public park, playground, swimming pool, public recreational facility, or any public right-of-way in the city unless necessary in order to participate in any city-sponsored function. This section shall not apply to the authorized agents or contractors under contract with the city.
(Ord. 1619 § 2, 1993)
(a) 
Notwithstanding any other provisions of this code, whenever the director of public works or the director's designee determines that graffiti or other inscribed material is located on public or private property so as to be capable of being viewed from any public right-of-way within the city and the public entity having jurisdiction over, or the owner of, such property consents to the removal of the graffiti or other inscribed material by the city and executes such documents as the city may provide relative to such removal, the city may remove the graffiti or other inscribed material or cause the same to be removed by an authorized contractor.
(b) 
If the city removes or causes to be removed, the graffiti or other inscribed material, it shall not undertake or authorize the painting or repair of any more extensive an area of the property than where the graffiti or other inscribed material is located.
(c) 
Prior to the removal of the graffiti or other inscribed material, the city or its contractor shall obtain written consent of the public entity having jurisdiction over the property, in the case of publicly owned property, or the owner of the property, in the case of private property, and the public entity or owner shall execute a release and waiver in a form acceptable to the city.
(Ord. 1619 § 2, 1993)
(a) 
It is unlawful for any person, firm, or corporation to sell or give any graffiti implement, as defined by this chapter, to any individual under the age of eighteen years, who is not accompanied by a parent or legal guardian, without first obtaining bona fide evidence of majority and identity.
(b) 
Any person, firm or corporation offering for sale to the public any graffiti implement or other aerosol spray paint shall keep, store, and maintain such material in a place that is locked and secure, or otherwise inaccessible except by special request.
(c) 
Any person, firm, or corporation engaged in the retail sale of any graffiti implement, as defined by this chapter, must display at a conspicuous location a legible sign with letters at least three-eighths inch in height 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 parent or legal guardian, any graffiti implement capable of being used to deface property. Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment, or both.
(d) 
Notwithstanding the provisions of this chapter, it is unlawful, pursuant to Section 594.1 of the California Penal Code, for any person, firm, or corporation, except a parent or legal guardian, to tell or give or in any way furnish to another person, who is under the age of eighteen years, any aerosol container containing six ounces or more of paint, without first obtaining bona fide evidence of majority and identity.
(e) 
Any person, firm, or corporation that violates any provision of this section shall be guilty of a misdemeanor.
(Ord. 1619 § 2, 1993)