The purpose of this chapter is to reduce and eliminate incidents
of graffiti and to provide for the prompt abatement of graffiti from
public and private properties in the city and to regulate the sale
and possession of materials used in acts of graffiti.
The city council finds that unwanted graffiti on public and
private properties is inconsistent with the city's aesthetic standards,
and unless it is quickly removed from public and private properties,
other properties soon become the target of graffiti. Graffiti on public
and private properties encourages other acts of malicious vandalism,
and depreciates the value of the adjacent and surrounding properties.
Further, the city finds and determines that graffiti is obnoxious
and a public nuisance, affecting the health, safety, and public welfare
of the city's residents. The existence of graffiti tends to breed
community discontentment and criminal activity. The unlawful placement
of graffiti on public and private properties is often committed by
minors using aerosol and pressurized containers of paint, broad-tipped
markers and pens, glass etching tools, etching cream, and slap tags.
The public's interest, convenience and necessity require the adoption
and implementation of the provisions of this chapter.
(Ord. 400 § 1, 2011)
Unless the context otherwise requires, the definitions in this
section shall govern the construction of this chapter.
means any aerosol or pressurized 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.
means any caustic cream, gel, liquid, or solution capable,
by means of chemical action, of defacing, damaging, or destroying
hard surfaces in a manner similar to acid.
means any etching tool or glass cutter.
means any unauthorized inscription, word, figure, character
or design that is marked, etched, scratched, drawn, affixed by a slap
tag, or painted on any structural component of any building, structure,
post, pole, or other facility regardless of the nature of the material
of that structural component.
means an aerosol paint container, an indelible marker, a
glass etching tool, or etching cream capable of scarring glass, metal,
concrete or wood.
means any indelible marker, felt tip marker or similar implement
containing nonwater soluble fluid and has a flat, pointed or angled
writing surface of one-eighth (1/8) inch or greater.
means a person under 18 years of age.
means a parent or legal guardian of a minor.
means any material such as, but not limited to, decals, stickers,
posters, or labels which may be affixed upon any structural component
of any building, structure, post, pole, or other facility, which contains
a substance commonly known as adhesive glue.
(Ord. 400 § 1, 2011)
It is a violation of this chapter for any person to apply graffiti
to any trees or structures including, but not limited to, buildings,
walls, fences, poles, signs, sidewalks, and other personal property
or paved surfaces located within the city.
(Ord. 400 § 1, 2011)
A.
Civil
Remedies.
1.
Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be responsible for payment of the costs of investigation, removal of graffiti, the amount of any reward paid pursuant to Section 8.14.120, and all attorneys' fees and legal costs incurred in any civil proceeding in a court of law.
2.
Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be subject to fines and/or other penalties in accordance with Chapter 1.16, Administrative Citations, of the Moorpark Municipal Code. The amount of civil fines or penalties assessed pursuant to this chapter shall be established by resolution of the city council, and shall cover the costs associated with the costs of investigation, removal of graffiti, the amount of any reward paid pursuant of Section 8.14.120, and all attorney's fees and legal costs incurred in any civil proceedings in a court of law.
a.
In the event a minor is assessed a civil fine or penalty, the minor
may perform community service and pay city administrative fees, if
any, as an alternative to paying the civil fine or penalty with prior
written consent and approval from the city manager or designee. The
number of community service hours required to satisfy a civil penalty
shall be as specified in the resolution establishing the amount of
civil fines or penalties for this chapter adopted by the city council.
b.
A responsible adult who is assessed a civil fine or penalty may also
request that the minor serve the required hours of community service
as described in subsection (A)(2)(a), and pay city administrative
fees, if any, as an alternative to paying the applicable civil fine
or penalty.
c.
The city manager or designee shall retain the discretion to approve
the community service suggested by the minor or responsible adult.
Upon approval of a written community service agreement by the city
manager or designee and the responsible adult, to perform community
service, the minor shall complete the required community service hours
within one year of approval, and shall submit proof of completion
to the city manager. Failure to receive approval to perform community
service or failure to complete the required hours of service shall
result in imposition of the applicable civil fine or penalty, which
is immediately payable. No reduction in the fine or penalty is authorized
for completion of less than the required hours of community service
as set forth in subsection (A)(2)(a).
B.
Administrative Abatement. The city may pursue any violation of this chapter through the administrative abatement process pursuant to Chapter 1.12, Nuisances, of the Moorpark Municipal Code and recover all costs incurred pursuant to that chapter.
C.
Criminal
Penalties. Any person, firm, or corporation who violates, permits,
or causes to violate any provision of this chapter, or who fails to
comply with any of the requirements of this chapter, shall be guilty
of a misdemeanor, punishable up to the maximum fine or imprisonment
authorized under California Government Code Section 36901 and as it
may be subsequently amended; or by the imposition of both such fine
and imprisonment.
(Ord. 400 § 1, 2011)
It is unlawful for any person, other than a responsible adult,
or a school teacher for purposes of instruction, to knowingly sell,
exchange, give, loan or in any way furnish to any minor a graffiti
implement, except on the premises of a lawful business and when used
for the purposes of that business.
(Ord. 400 § 1, 2011)
It is unlawful for any minor to have in his or her possession
a graffiti implement while upon public or private property without
the consent of the owner, lessee or operator of such property.
(Ord. 400 § 1, 2011)
A.
Pursuant
to Civil Code Section 1714.1, any act of willful misconduct of a minor
which results in the placement of graffiti shall be imputed to the
minor's responsible adult for all purposes of civil damages, including
all attorney's fees and court costs incurred in connection with the
civil prosecution of any such claim for damages. The responsible adult
shall be jointly and severally liable with the minor for any and all
civil fines, penalties, damages and costs, up to the maximum amount
allowable by law, for each chargeable act of the minor.
B.
This
section in no way limits or narrows the liability of a responsible
adult for acts of a minor pursuant to Civil Code Section 1714.1, Government
Code Section 53069.5, Penal Code Section 640.5 or any other applicable
provision of law.
(Ord. 400 § 1, 2011)
It is unlawful for any minor to have in his or her possession
a graffiti implement while in any public street, park, playground,
swimming pool, recreational facility or other public place. The provision
of this section shall not apply to an authorized employee of the city,
a public agency, or private utility, or an authorized employee of
a person under contract with the city, a public agency, or private
utility in the performance of official duties that necessitate the
use of a graffiti implement.
(Ord. 400 § 1, 2011)
Notwithstanding any other provision of this chapter, it is lawful
for any person to possess a graffiti implement while the person is
attending, or traveling to or from a school at which such person is
enrolled, if the person is participating in a class at such school,
which has, as a class requirement, the need to use such a graffiti
implement.
(Ord. 400 § 1, 2011)
Every person who owns, conducts, operates or manages a retail
commercial establishment selling graffiti implements shall store or
cause such graffiti implements to be stored in an area viewable by,
but not accessible to the public in the regular course of business
without employee assistance, pending legal sale of such graffiti implements.
(Ord. 400 § 1, 2011)
Any person who owns, conducts, operates or manages a retail
commercial establishment which offers for sale or sells graffiti implements
shall display at the location of retail sale of such graffiti implements
a sign, in letters at least three-eighths (3/8) of an inch high, clearly
visible and legible to customers which states as follows:
IT IS UNLAWFUL FOR THIS BUSINESS TO SELL OR GIVE TO ANY INDIVIDUAL
UNDER THE AGE OF EIGHTEEN YEARS ANY AEROSOL PAINT CONTAINER, INDELIBLE
MARKER PEN, ETCHING CREAM, OR GLASS ETCHING TOOL.
(Ord. 400 § 1, 2011)
The city council may authorize the offer of rewards for information
leading to the arrest and conviction of any person for a violation
of any provision of this chapter. The amount of any such reward and
the procedures for claiming the reward shall be established, from
time to time, by the city council.
(Ord. 400 § 1, 2011)
It is declared that the existence of graffiti on any building,
structure, fence or landscaping is a public nuisance, affecting the
health, safety, and public welfare of the city's residents, and shall
be abated as such as provided in this code.
(Ord. 400 § 1, 2011)
A.
It is unlawful for the owners and/or persons in possession of privately-owned property to permit graffiti within the city to remain on such property for more than seven days after written notice from the city is served to remove the same, except as provided in subsection B of this section.
B.
It is
unlawful for the owners and/or persons in possession of property used
for a residence to permit graffiti to remain on such property for
more than seven calendar days after written notice from the city is
served to remove the same where graffiti thereon can only be seen
from a public alley or from public or private property not accessible
by the general public.
C.
When
paint is used to cover graffiti on private property, paint matching
the original surface color of the damaged item shall be utilized.
D.
Written
notice pursuant to this chapter is served and complete at the time
of deposit of a copy of the notice in the U.S. mail or when personal
service of the notice is effectuated.
(Ord. 400 § 1, 2011; Ord. 423 § 2, 2013; Ord. 515 § 10, 2023)
This city council has determined that the continued existence
of graffiti on buildings, structures, fences or landscaping within
the city is obnoxious and a nuisance, and has the effect of encouraging
the placement of more graffiti at the same location as well as on
adjacent buildings, structures, fences, landscaping or other surfaces.
The prompt removal of graffiti is necessary to prevent the proliferation
of graffiti. Accordingly, the city may use city funds to remove graffiti
from publicly or privately owned real property within the city. At
the city's discretion, such removal shall be performed by the city
only after a finding by the city manager that the graffiti is located
on public or privately owned permanent structures located on public
or privately owned real property within the city and, if on private
property, after securing the consent of the owner or other person
entitled to possession of the property.
(Ord. 400 § 1, 2011)
