For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
"Aerosol paint container"
means any aerosol 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.
"Felt tip marker"
means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water-soluble.
"Graffiti"
means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface.
"Graffiti implement"
means an aerosol paint container, a felt tip marker or a paint stick.
"Minor"
means a person under eighteen years of age.
"Paint stick"
means a device containing a solid form of paint, chalk, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least oneeighth of an inch in width, visible from a distance of twenty feet, and not water-soluble.
"Responsible person"
means any person who owns, controls, or possesses property or who has responsibility for the repair or maintenance of property.
(Ord. 4168 § 1, 1989; Ord. 4335 § 2, 1992)
A. 
It is unlawful for any minor to possess any graffiti implement:
1. 
While upon public property; or
2. 
While upon private property without the consent of the owner of such private property. Such consent must be given in advance and must authorize the minor's presence while in the possession of a graffiti implement.
This subsection shall not apply while the minor is attending, or travelling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers.
B. 
No minor shall possess any graffiti implement while in: any public park (within twenty-five feet of any structure); playground; swimming pool; recreational facility; the civic center area; (other than a highway, street, alley or way), except as may be authorized by the city.
C. 
This section is not intended to conflict with California Penal Code section 594.1.
(Ord. 4168 § 1, 1989; Ord. 4335 § 2, 1992)
It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker or graffiti stick to any minor without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.
(Ord. 4168 § 1, 1989; Ord. 4335 § 2, 1992)
No person, firm or entity engaged in a commercial enterprise ("seller") shall display for sale, trade or exchange, any graffiti implement except in an area under the control of seller's employee(s). Three such acceptable methods for displaying a graffiti implement for sale shall be:
A. 
In completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked;
B. 
In an enclosed area behind a sales or service counter from which the public is precluded from entry; or
C. 
In an area under the direct visual supervision of employees at all times during business hours.
(Ord. 4335 § 2, 1992)
A. 
The city manager is authorized to use city funds for the removal of graffiti from public and privately owned property within the city. Before such removal may be performed, the city manager shall:
1. 
Find that graffiti material is so located as to be visible to a person in any public place or in any place open to the public or exposed to public view; and
2. 
Find that the graffiti is obnoxious; and
3. 
Obtain written consent from the property owner for removal.
B. 
If the city manager determines that the above conditions do in fact exist, a written request shall be sent to the property owner to remove the graffiti or other inscribed material. Should the owner fail or refuse to act upon the written request, the city manager shall attempt to obtain the written consent of the owner to allow volunteer or city forces to remove the graffiti.
C. 
Removal of graffiti is authorized only of the graffiti itself, and not the painting or repair of a more extensive area.
(Ord. 4335 § 2, 1992)
It is unlawful for a responsible person to permit property which is defaced with graffiti to remain so defaced for a period of seven days after notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or (2) unless it can be demonstrated that the responsible person has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property defaced with graffiti to remain defaced for a period of fifteen days after notice of same.
(Ord. 4335 § 2, 1992)
A. 
Prior to entering upon private property or property owned by a public entity other than the city, or the purpose of removal of graffiti, the city shall attempt to secure the consent of the property owner and a release of the city from liability for private or public property or liability damage.
B. 
If a responsible person fails to remove the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible person shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti in accordance with Chapter 1.16 of this code.
(Ord. 4335 § 2, 1992)
The existence of graffiti in any public place or in any place open to the public or exposed to public view, within the city limits of the city of El Cajon, is deemed a public and private nuisance, and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4335 § 2, 1992)
A. 
Police Diversion Program: Community Service with Minimum Hours and Parental Involvement. In lieu of, or as a part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of prosecuting a violation of this chapter as a crime against an adult, the police chief with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements:
1. 
The minor or adult shall perform at least thirty hours of community service.
2. 
At least one of the custodial parents, or if none, guardians, shall be in attendance at least fifty percent of the period of assigned community service.
3. 
The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.
4. 
Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of community service constitutes a violation of this chapter, reasonable effort shall be made by the chief of police to assign the minor to community service which constitutes in significant part the removal of graffiti.
B. 
Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city shall be required, at the city's option, to perform community service, including graffiti removal service of not less than thirty hours nor more than eighty hours.
C. 
Penalties for Violation. Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the city attorney.
(Ord. 4335 § 2, 1992; Ord. 4401, 1993)
A. 
The city manager may delegate authority for the administration and enforcement of the provisions of this chapter. Nothing in this section is intended to limit or preclude abatement of an "authorized" inscription, word, figure, or design pursuant to any applicable procedure contained in this code, state or federal law.
B. 
Nothing in this chapter shall prohibit the removal of graffiti pursuant to any other provision of this code.
(Ord. 4335 § 2, 1992)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
(Ord. 4335 § 2, 1992)