It is the purpose and intent of the City Council of the City of Downey, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement especially, but not limited to, graffiti on privately and publicly owned walls which are inimical and destructive of the rights and values or private property owners as well as the total community. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from the sense of community enjoyed by residents of Downey, is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods.
(Added by Ord. 964, adopted 7-13-93)
"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 marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth inch, containing an ink or other pigmented liquid.
"Graffiti"
means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any surface, regardless of the nature of the material of that structural component.
"Graffiti implement"
means an aerosol paint container, a felt tip marker, gum label or a paint stick or etching tool capable of scarring glass, metal, concrete or wood.
"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 removable.
"Paint stick" or "graffiti 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-sixteenth of an inch in width.
(Added by Ord. 964, adopted 7-13-93)
(a) 
It shall be unlawful for any person to violate California Penal Code Section 640.6 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction.
(b) 
It shall be unlawful for any person to violate California Penal Code Section 594 which provides that any person who maliciously (1) defaces with paint or any other liquid, (2) damages, or (3) destroys any real or personal property not his or her own, in cases other than those specified by State law, is guilty of vandalism punishable by fine and/or imprisonment.
(c) 
It shall be unlawful for any person to violate California Penal Code Section 640.5 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of a governmental entity, whether leased or owned by the governmental entity, is guilty of an infraction.
(Added by Ord. 964, adopted 7-13-93)
(a) 
It shall be unlawful for any person under the age of 18 years to carry on his or her possession and in plain view to the public any graffiti implement while upon public property, or upon private property, without the prior written consent of the owner of such property.
(b) 
The foregoing provision shall not apply while the person is attending or traveling 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 any graffiti implement.
(Added by Ord. 964, adopted 7-13-93)
No person shall carry in his or her possession and in plain view to the public any graffiti implement while doing any activity in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public, except as they may be used in planned, adult supervised activities.
(Added by Ord. 964, adopted 7-13-93)
It shall be 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 graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.
(Added by Ord. 964, adopted 7-13-93)
(a) 
Criminal Penalties. Unless otherwise provided by California State law, any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail, a $1,000 fine, or both such fine and imprisonment.
(b) 
Additional Penalties Available.
(1) 
Vehicle Code, Section 42001.7, permits a Court to require a littering offender (Vehicle Code Sections 23111, 23112, 23113) to pick up litter or clean up graffiti.
(2) 
Vehicle Code, Section 13202.06, permits suspension or delay in issuance of driver's license of one year for each conviction of a graffiti offense.
(3) 
Minors 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 of Downey shall be required, at the City's option, to perform community service, including a graffiti removal service of not less than six hours nor more than 80 hours.
(Added by Ord. 964, adopted 7-13-93)
(a) 
Pursuant to Section 53069.5 of the Government Code, the City does hereby offer a reward of $500 for information leading to the arrest and conviction of any person whose willful misconduct results in the damage or destruction of any personal or real property under any provision of this chapter, not to exceed $1,500 per violation. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
(b) 
Claims for rewards under this section shall be filed with the City. Each claim shall:
(1) 
Specifically identify the date, location and kind of property damaged or destroyed.
(2) 
Identify by name the person who was convicted of or who confessed to the damage or destruction of the property.
(3) 
Identify the court and the date upon which the conviction occurred or the place and the date of the confession.
(4) 
No claim for a reward shall be allowed by the City Council unless an Authorized Representative of the City investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.
(5) 
The person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable for any rewards paid pursuant to this section.
(c) 
Reimbursement of Car Phone Time. The City shall reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti vandalism or existence of graffiti within the City limits in the amount of the direct phone charges exclusive of taxes, etc., incurred by said person.
(Added by Ord. 964, adopted 7-13-93)
(a) 
It is unlawful for any person who is the owner of who has primary responsibility for control of property or who has primary responsibility for the repair of maintenance of property ("Responsible Party") 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 he or she does not have the financial or physical ability to remove the defacing graffiti; or (2) it can be demonstrated that the Responsible Party 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 shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of 15 days after notice of same.
(b) 
The existence of graffiti within the City limits of the City of Downey is a public and private nuisance, and may be abated according to the provisions and procedures herein contained.
(c) 
Any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in 12 months is a public and private nuisance, and may be abated by minor modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures herein contained as follows: (1) Said surface or surfaces shall be required to be retrofitted, at the cost of the property owner of said lot, not to exceed a total cost of $500, or (2) at the cost of the City at the City's option, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti or to enhance efficient removal thereof, or (3) through the abatement process provided in this Chapter 10.
(d) 
Persons removing graffiti pursuant to a City-sponsored graffiti removal program shall obtain the written consent of the property owner to remove the graffiti and shall be deemed workers covered by the City's worker's compensation program and insurance coverage.
(e) 
Whenever the City becomes aware or is notified and determines that graffiti is so located on publicly or privately owned property within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, provided the City obtains the prior written consent of the property owner to remove and/or repair the property. The City shall not undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the Responsible Party agrees to pay for the costs of repainting or repairing the more extensive area.
(Added by Ord. 964, adopted 7-13-93)
(a) 
Notice of Due Process Hearing. The Director of Public Works ("Hearing Officer") shall give not less than 48 hours notice, served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to the party who is responsible for the maintenance of a parcel of property containing graffiti ("Property"), and, if a different person is the owner of record on the parcel of land upon which the graffiti is maintained, then to said owner as well. The notice shall provide the date of the hearing, the location of the graffiti upon the property, the duration of the graffiti upon the property and a request to appear at the hearing to show cause why the City should not declare the graffiti a public nuisance and order the nuisance abated.
(b) 
Conduct of Due Process Hearing. At the Hearing, the Responsible Party shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the Hearing Officer after the "due process" hearing shall be final, subject to appeal to the City Council upon payment of the applicable appeal fee. It, after the due process hearing, the Hearing Officer determines that the property contains graffiti, the Hearing Officer shall give written notice ("Abatement Order") that, unless the graffiti is removed within five days thereafter, the City shall obtain an abatement warrant from the Court to enter upon the property to remove the graffiti and restore the affected areas. If the City obtains an abatement warrant and proceeds to abate the graffiti, the Responsible Party shall be provided with an accounting of the costs of the abatement effort and notice of the time to petition the City for a Costs Hearing.
(c) 
Costs Hearing. If the Responsible Party fails to timely request a hearing before the Hearing Officer on the abatement costs accounting ("Costs Hearing"), or, if requested by the Responsible Party, a Costs Hearing is conducted and the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the abatement effort, the amount of abatement costs determined as appropriate by the Hearing Officer ("Assessment") shall be due and payable by the Responsible Party within 30 days.
(d) 
Lien. If all or any portion of the Assessment remains unpaid after 30 days, such portion thereof shall constitute a lien on the property which was the subject matter of the abatement effort. The Director of Public Works shall present a Resolution of Lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Los Angeles County Recorder's Office and with Los Angeles County Auditor/Controller. The amount of such charges shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such charges shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes.
In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the City may consider imposing conditions reasonably related to the mitigation of the impacts of graffiti. Such conditions may include, without limitation:
(a) 
Use of Anti-Graffiti Material. Developer to apply an anti-graffiti material of a type and nature that is acceptable to the Director of Public Works to each surface viewable by the public on the improvements to be constructed on the site deemed by the Director of Public Works to be likely to attract graffiti ("graffiti attracting surfaces");
(b) 
Right of Access to Remove Graffiti. Developer to grant to City a covenant upon the subject property or properties for the right of ingress and egress to such property upon 48 hours of posting of notice by authorized City employees or agents to the City for the purpose of removing or "painting over" graffiti from graffiti attracting surfaces previously designated by the Director, and for the right to remove such graffiti; and
(c) 
Supply City with Graffiti-Removal Material. Developer to provide the City with sufficient matching paint and/or anti-graffiti material for use in the painting over or removal of designated graffiti attracting surfaces for as long as the developer owns the property.
(d) 
Owner to Immediately Remove Graffiti. Developer shall provide, either as part of the Conditions, Covenants and Restrictions, or as separate covenants recorded against individual lots, prior to resale of same property or land, a covenant to run with the land and be for the benefit of the City, in a form satisfactory to the City, that the owner of the lots shall immediately remove any graffiti placed thereon.
(Added by Ord. 964, adopted 7-13-93)
Any parent or legal guardian of a minor under the age of 18 may be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said minor pursuant to Civil Code Section 1714.1.
(Added by Ord. 964, adopted 7-13-93)