It is the intent of the provisions of this chapter to provide
an immediate and practical method, to be cumulative with and in addition
to any other remedy available at law, whereby graffiti or other inscribed
or affixed material may be removed from permanent structures located
on public or privately owned real property in order to reduce blight
and deterioration within the city.
(Ord. 998 § 1, 2003)
Graffiti constitutes an obnoxious public nuisance. The city council finds that graffiti or other inscribed or affixed materials placed upon any permanent structure, real or personal property visible from any publicly owned property, is found to be obnoxious and constitutes a public nuisance. As such, the city may abate graffiti as a nuisance and recover its costs in abating the nuisance pursuant to Chapter
8.16 of this code. Such costs include, but are not limited to, court costs, attorneys' fees, rewards, costs of removal of the graffiti, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of the defendant and his or her parents or guardians in a graffiti abatement program, and the law enforcement costs incurred by the city in identifying and apprehending the person who created, caused or committed the graffiti or other inscribed or affixed material on the publicly or privately owned real or personal property within the city.
(Ord. 998 § 1, 2003)
For the purposes of this chapter, unless it is plainly evident
from the context that a different meaning is intended, the following
definitions shall apply:
"Aerosol paint container"
means any aerosol container which is adapted or made for
the purpose of spraying paint or other substance capable of defacing
property.
"Etching cream"
means any caustic cream, gel, liquid, or solution capable,
by means of a chemical action, of defacing, damaging, or destroying
hard surfaces in a manner similar to acid.
"Etching tool"
means an instrument, tool or device designed or commonly
used for making, cutting or defacing glass and includes devices designed
for marking surfaces and capable of marking glass.
"Expense of abatement"
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, Los Angeles County, or the city and county
in identifying and apprehending the minor or other person who placed
the graffiti on real or personal property.
"Felt tip marker"
means any indelible marker or similar implement with a tip
which, at its broadest width is greater than four millimeters, containing
ink that is not water soluble.
"Graffiti"
means any inscription, word, figure, mark or design which
is written, marked, etched, scratched, scribed, drawn, painted, posted
or otherwise affixed to or on real or personal property.
"Graffiti implement"
means any aerosol container, etching cream, felt tip marker,
paint stick, etching instrument, stickers, decals, stencils or any
other device containing paint, ink, chalk, dye or similar substance
which when used or applied is capable of defacing glass, metal, concrete
or wood.
"Minor"
means a person who is under eighteen years of age.
"Parent"
means either parent if both parents have legal custody, or
the parent or person having legal custody, or the guardian of a minor.
"Responsible party"
means an owner of property located within the city, a person
with primary responsibility for control of property within the city
or a person with primary responsibility for the repair or maintenance
of property within the city.
(Ord. 998 § 1, 2003)
Any person who owns, conducts, operates, manages or carries
on any business, company, shop or retail commercial enterprise, including
without limitation, any swap meet or garage sale, which sells aerosol
spray paint containers, marker pens with tips exceeding four millimeters
in width or etching cream, containing anything other than a solution
which can be removed with water after it dries, shall cause such aerosol
containers, marker pens or etching cream to be stored, maintained
or displayed in a place or manner which is locked or secured so as
not to be accessible to the public except with the assistance of the
seller or the seller's employees.
(Ord. 998 § 1, 2003)
Pursuant to California
Penal Code Section 594.1(d), it is unlawful
for any person to carry on his or her person and in plain view to
the public, etching cream or an aerosol container of paint while in
any posted facility, park, playground, swimming pool, or recreational
area owned, operated or maintained by the city (other than a highway,
street or alley). This prohibition against possession does not apply
to authorized employees or agents of the city or a person having the
authorization of an authorized employee or agent of the city. The
community services director, or his or her designee, will post a notice
at appropriate locations indicating that, pursuant to California Penal
Code Section 594.1(d), no person shall possess etching cream or any
can of spray paint in that city-owned building, park, playground,
swimming pool, recreational area or other city facility without the
permission of an authorized city officer.
(Ord. 998 § 1, 2003)
Pursuant to California
Government Code Section 53069.5, the
city may, from time to time, offer a reward in an amount set by resolution
of the city council for information leading to the arrest and conviction
of any person for violation within the city of California
Penal Code
Sections 594, 594.3, 640, 640.5, or 640.6.
A. In the
event of multiple, verifiable sources of information, the city or
its designee will divide the reward in the manner it deems appropriate.
B. For
the purposes of this section, diversion of the violator to a community
service program, or a plea bargain to a lesser offense, constitutes
a conviction.
C. Claims
for rewards under this section must be filed with the city or its
designee prior to the conviction of a person and must:
1. Specifically
identify the date, location and kind of property damaged or destroyed;
2. Identify
by name the person who was convicted;
3. Identify
the court and the date upon which the conviction occurred; and
4. Be
in writing and filed within ninety days of such conviction.
D. No reward
will be granted until the city or its designee investigates and verifies
the accuracy of the claim and determines that the requirements of
this section have been satisfied.
E. The
person committing the graffiti vandalism, and if a minor, then his
or her parent or lawful guardian will be civilly liable for any reward
paid pursuant to this section and
Government Code Section 53069.5.
(Ord. 998 § 1, 2003)
For each conviction of a person aged thirteen years or older,
for violation of this chapter or any state law pertaining to vandalism
of property with a graffiti implement, the city shall petition the
sentencing court to suspend existing driving privileges or delay the
issuance of driving privileges in accordance to California Vehicle
Code Section 13202.6.
(Ord. 998 § 1, 2003)
Pursuant to California
Civil Code Section 1714.1(D), where graffiti
is applied by a minor, the parents or legal guardians of said minor
shall be jointly and severally liable for payment of civil damages
resulting from the misconduct of the minor in an amount not to exceed
twenty-five thousand dollars for each such offense.
(Ord. 998 § 1, 2003)
In addition to any costs incurred by the city for the abatement
of graffiti from private property, failure to voluntarily abate graffiti
after notice shall result in the following penalties:
A. The
failure of any person, firm, partnership or corporation in failing
to remove graffiti within the prescribed period as set forth in this
chapter constitutes an infraction and is punishable by a fine of one
hundred dollars upon first conviction thereof.
B. Any
person, firm, partnership or corporation convicted of violating any
provisions of this chapter for a second time shall be guilty of an
infraction and shall be punished by a fine of two hundred fifty dollars.
C. Any
person, firm, partnership or corporation convicted of violating any
provisions of this chapter for a third time or any subsequent number
of times shall be guilty of an infraction and shall be punished by
a fine of five hundred dollars.
D. Any person, firm, partnership or corporation previously convicted of violating any provisions of this chapter for a third time shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section
9.36.130.
(Ord. 998 § 1, 2003)
It shall be unlawful for any person, firm, partnership or corporation
to violate any provision or fail to comply with any of the requirements
of this chapter to remove graffiti.
A. Except
as provided above, any person, firm, partnership or corporation violating
any provision of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars or by imprisonment not exceeding six months,
or by both such fine and imprisonment. Each such person, firm, partnership
or corporation violating any provision of this chapter shall be deemed
guilty of a separate offense for each and every day or any portion
thereof during which any violation of this chapter is committed, continued
or permitted by such person, firm, partnership or corporation and
shall be deemed punishable therefor as provided in this chapter or
the California
Penal Code.
B. Notwithstanding
the penalties set forth herein, any person who maliciously defaces,
damages or destroys property with a graffiti implement is guilty of
vandalism, pursuant to California
Penal Code Section 594, and upon
conviction thereof shall be punished by imprisonment in the state
prison or in the county jail for a period not to exceed one year,
or by fine of five thousand dollars but no more that fifty thousand
dollars depending on the severity and the amount of the defacement,
damage or destruction to property, or by both such fine and imprisonment.
C. The
penalties set forth in this chapter are not exclusive and may be used
in addition to those set forth elsewhere in this code or by law.
(Ord. 998 § 1, 2003)
The remedies and penalties set forth in this chapter are not
exclusive and may be used in addition to those set forth elsewhere
in this code or by law.
(Ord. 998 § 1, 2003)
A violation of Section
9.36.050 or
9.36.060 of this chapter is a misdemeanor which is punishable by the general penalty of Chapter
1.20 of this code.
(Ord. 998 § 1, 2003)