This chapter is adopted in accordance with California Constitution
Article XI, Section 7;
Government Code Sections 38771—38773.7
and 53069.3, including any successor statutes; and Civil Procedure
Code Section 731, including any successor statutes, for the purposes
of identifying graffiti as a public nuisance; authorizing abatement
of graffiti; and imposing criminal and civil penalties upon persons
for causing or permitting graffiti. Adopting the ordinance codified
in this chapter is a municipal affair and will protect public health,
safety, and welfare by ensuring that graffiti is prohibited; providing
for its prompt removal; and imposing criminal and civil penalties
upon persons permitting graffiti to occur. Nothing contained in this
chapter is intended to, nor will it, preclude the city from pursuing
any other available civil or criminal remedies concurrently or in
addition to the proceedings established by this chapter to enforce
this code.
(Ord. 2208 § 2, 2021)
The city council finds as follows:
(a) Graffiti
on either public or private property, results in blight, decreases
property values and deprives surrounding residents and owners of the
right to comfortable enjoyment of life and property.
(b) Graffiti
is obnoxious, constitutes a public nuisance, and is a threat to public
safety which must be abated to prevent its proliferation.
(c) Graffiti
must be removed as quickly as possible to minimize harm to persons
and property in the community.
(d) This
chapter is intended to compliment, and not conflict with,
Penal Code
Sections 594 and 640.5— 640.8, which provide that any person
who maliciously defaces property is guilty of vandalism; and Penal
Code Section 594.1, which provides that certain activities involving
the possession, sale and use of aerosol paint containers are misdemeanors.
(Ord. 2208 § 2, 2021)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
"Aerosol paint container"
means any aerosol container which is adapted or made for
the purpose of spraying paint or other substances capable of defacing
property.
"Carving tool"
means any tools or instruments designed, or intended, to
cut, carve or scratch into glass, metal, wood or other surfaces.
"Etching substance"
means any type of liquid or paste product used to permanently
etch glass. Ingredients of etching substances may include, without
limitation, ammonia/sodium bifluorides and sulfuric acid.
"Expenses"
include, without limitation, actual expenses, city administrative
costs and other costs of the city of all previous code enforcement
efforts, the preparation of the abatement work specifications, contracts,
and staff time in inspecting the work, as well as the costs of printing,
posting and mailings required by this chapter.
"Felt tip marker"
means any indelible marker or similar implement with a tip
which at its broadest width is one-eighth inch or greater, containing
an ink that is not water-soluble.
"Graffiti"
means any inscription, word, figure or design that is marked,
etched, pasted, or otherwise placed on property without the prior
approval of the property owner or person in lawful possession or control
of the property.
"Graffiti implement"
means any implement capable of marking a surface to create
graffiti including, without limitation, any aerosol paint container,
spray actuator, paint stick, felt tip marker, marking pen, gum label,
marking instrument, paint stick, drill bit, grinding stone, scribe,
carving tool, etching substance or other implements capable of marking
or scarring glass, metal, concrete or wood.
"Graffiti removal costs"
means all costs that would be considered abatement costs in the context of a nuisance abatement proceeding pursuant to this chapter and Chapter
4.30. In addition, such costs expressly include, without limitation, costs of removal of graffiti or other material, costs of repair and replacement of the defaced property, all city staff time, costs of the police investigation, attorney time and fees, and any court costs incurred.
"Gum label"
means any sheet of paper, fabric, plastic or other substance
with an adhesive backing which, when placed on a surface, is not easily
removed.
"Minor"
means, except as otherwise provided, a person under eighteen
years of age.
"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 and, upon application, leaving a mark at least one eighth
of an inch in width, visible from a distance of twenty feet, and not
water-soluble.
"Remove"
means to restore any surface with graffiti to substantially
the same appearance it had prior to the application of the graffiti,
including, without limitation, removal, covering over, or replacement,
as may be necessary.
"Self-service merchandising"
means open display of graffiti implements to which the public
has access without the intervention of any employee.
"Spray actuator"
means an object, such as a spray tip, nozzle, or button,
which is capable of being attached to an aerosol paint container for
the purpose of spraying the substance contained therein.
"Vendor-assisted"
means only an employee has access to the graffiti implement
and assists the customer by supplying the product. The customer does
not take possession of the product until it is purchased.
(Ord. 2208 § 2, 2021)
The following is unlawful:
(a) For
any person to mark, apply, or etch graffiti on any structure located
on public or private real property within the city.
(b) For
any minor to possess any graffiti implement while on public or private
property without the consent of a responsible person. Any law enforcement
officer who observes an apparent violation of this section may take
immediate possession of the graffiti implements.
(c) For
any person to possess, other than a lawful purpose, any graffiti implement
while present in or on any public facility owned by the city, including,
without limitation, any road or utility infrastructure.
(d) For
any person to possess any graffiti implement for the purpose of defacing,
marking, or damaging any public or private property without the express
consent of the property owner or the person in lawful possession or
control of the property.
(Ord. 2208 § 2, 2021)
Graffiti located on public or private property within the city
and observable from the public right-of-way, as determined by the
city manager or designee, may be removed upon authorization by the
city manager only upon the following conditions:
(a) If
the graffiti is located on city-owned property, the city manager,
or designee, may immediately remove the graffiti by any practicable
means.
(b) If
graffiti is located on property owned by a public entity other than
the city, graffiti removal is authorized only after securing the consent
of the public entity having jurisdiction over the property and such
entity executes a release and waiver, approved as to form by the city
attorney, and agrees to an assumption of costs incurred by the city
for the removal of the graffiti.
(c) If
graffiti is located on private property, graffiti may be removed by
the city only under the following circumstances:
(1) After securing the consent of the owner and such owner executes a
release and waiver approved as to form by the city attorney.
(Ord. 2208 § 2, 2021)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property is responsible
for a condition that may be abated in accordance with this chapter,
except conditions abated pursuant to
Health and Safety Code Section
17980, the court may order the owner to pay treble the costs of the
abatement.
(Ord. 2208 § 2, 2021)
In addition to any graffiti removal costs incurred by the city
for the abatement of graffiti from private property, failure to voluntarily
abate graffiti after notification will result in the penalties set
out in this chapter.
(Ord. 2208 § 2, 2021)
For each conviction of a person aged thirteen to twenty-one
for violating this chapter, or any state law pertaining to vandalism
of property with a graffiti implement, the city may petition the sentencing
court to suspend driving privileges or delay the issuance of driving
privileges in accordance with
Vehicle Code Section 13202.6.
(Ord. 2208 § 2, 2021)