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)