Pursuant to the authority granted to the city by Government Code Section 53069.3, the city has enacted the ordinance codified in this chapter to provide for the use of city funds to remove graffiti or other inscribed materials from public or privately owned permanent structures located on public or privately owned real property within the city.
(Prior code § 4300.01)
The city council finds that graffiti on public and private properties is a blighting factor on the neighborhood, encourages other acts of malicious vandalism, and depreciates the value of adjacent and surrounding properties. The city council further finds and determines that graffiti is inconsistent with the city's property maintenance goals, aesthetic standards, and unless it is quickly removed from public and private properties, other properties soon become the target of graffiti. The city council therefore finds and declares that all graffiti within the city is obnoxious and is in fact a public nuisance as defined in Section 8.12.020 et seq.
(Prior code § 4300.02)
For the purposes of this chapter:
"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 capable of defacing property.
"Bona fide evidence of majority and identity"
means any document evidencing the age and identity of an individual which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.
"Graffiti"
means and includes any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any component of any building, structure or other facility, regardless of the nature of the material of that component which was not authorized by the responsible party or by the owner of the structure or facility.
"Writing instrument, graffiti implement or etching substances"
means any indelible marker or similar implement containing ink or dye that is not water soluble, having a porous point, tip or nib in excess of one sixteenth of one inch in width at its widest point, liquid or paste product used to permanently etch glass. Ingredients of such etching liquids, etching pastes or etching baths may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid.
(Prior code § 4300.03)
It is unlawful for any person to apply graffiti to any tree or structure including, but not limited to, buildings, walls, fences, poles, signs (hereinafter referred to as "structures"), vehicles, trailers, and railcars located within the city. It is also unlawful for any person to apply or affix any adhesive backed label, sticker, bumper sticker or similar item to any tree or structure not owned or lawfully possessed by such person.
(Prior code § 4300.04)
No person shall deface any public building or place of amusement with posters or by writing or cutting thereon any name, word or obscene character or device.
(Prior code § 4210.4)
It is unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, recreational facility, or while in or within 10 feet of an underpass, bridge abutment, storm drain, or other similar type of infrastructure not normally used by the public, except as may be authorized by the city.
(Prior code § 4300.05)
A. 
Notice of Removal. It is unlawful for any person who is the owner, or who is primarily responsible for control of property or who has primary responsibility for the repair or maintenance of property (hereinafter referred to as "responsible party") to permit the property which is defaced with graffiti to remain so defaced for a period of seven days if the responsible party is personally served and 15 days if such party is served with notice of the same by first class mail, or any other method, unless: (1) the person shall demonstrate by preponderance of evidence that he or she does not have the financial 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 is unlawful to permit such property to remain defaced with graffiti for a period of seven or 15 days respectively after service of the responsible party of the notice of the same, depending on the manner of service as set forth above.
B. 
Right of City to Remove.
1. 
Use of Public Funds. Whenever the city becomes aware, or is notified and determines that graffiti is located on public or privately owned property viewable from a public or quasi-public place 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, but shall not authorize or 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 designee (hereinafter referred to as city manager), determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community.
2. 
Right of Entry on Private Property.
a. 
Securing Owner Consent. Prior to entering upon private property or property owned by a public entity other than the city for the purposes of removal of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property damage.
b. 
Failure to Obtain Owner Consent. If a responsible party 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 party 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 by use of all available legal means, including the use of the lien and special assessment procedures provided in Chapter 1.20 of this code.
(Prior code § 4300.06; Ord. 1924 § 14, 2017)
A. 
Common Utility Colors and Paint-Type. Any gas, telephone, water, sewer, cable telephone and other utility operation in the city, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of the ordinance codified in this chapter, with a uniform paint type and color as directed by the city manager.
B. 
Conditions on Encroachment Permits. Encroachment permits issued by the city may, among other things, be conditioned on: (1) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city manager; (2) the immediate removal by the permittee of any graffiti; (3) the right of the city to remove graffiti or to paint the encroaching object or structure; (4) the permittee providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.
C. 
Conditions on Discretionary Approvals. In imposing conditions upon conditional use permits, variances, and building permits to the extent permitted by this code, or other similar land use entitlements or development or design applications, the city may impose any or all of the following conditions, or other similar or related conditions.
1. 
Right of Access to Remove Graffiti. Applicant shall grant in writing the right of entry over and access to such parcels, upon 48 hours posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti on graffiti attracting surfaces previously designated by the city manager. Such grant shall be made an express condition of approval and shall be deemed to run with the land;
2. 
Owner to Immediately Remove Graffiti. Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the city's satisfaction.
(Prior code § 4300.07)
A. 
It is unlawful for any person owning, leasing, occupying or having charge or possession of any privately owned structure (hereinafter sometimes called the "responsible party") upon which graffiti exists to fail to remove said graffiti within seven days of notice to do so if personally served upon such responsible party, or 15 days after notice to do so is served upon such responsible party by first class mail or other means of service. Any graffiti to which this section applies is declared a public nuisance, and the maintenance of the graffiti shall be abated in the same manner and under the same circumstances as the other conditions declared as public nuisance in Chapter 8.12 of this code.
B. 
Graffiti Attracting Surface as a Nuisance. The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five times in 12 months is deemed to be a nuisance, and may be abated by the city's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in Chapter 8.12 of this code. Such modifications may include, but are not limited to: retrofitting of such surfaces at the expense of the property owner(s) of the lot, not to exceed a total cost of $500.00, or 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 as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.
(Prior code § 4300.08)
For purposes of this section:
A. 
It is unlawful for any person, firm or corporation, to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any aerosol paint container or writing instrument or liquid etching substance to another person, who is in fact under the age of 18 years, without first obtaining bona fide evidence of majority and identity.
B. 
It is unlawful for any person under the age of 18 years to possess an aerosol paint container or writing instrument as defined, anywhere in the city, whether on public or privately owned property which is open and available to the public. This subsection shall not apply any time the minor is under the direct and immediate supervision of the minor's parent, legal guardian, instructor or employer. This provision shall not apply to the possession of felt tip markers by minors attending, or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at the school which formally requires the possession of such felt tip markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a felt tip marker.
C. 
For the purposes of this section, the furnishing of six ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of the minor's parent, guardian, instructor, or employer, shall not be prohibited.
(Prior code § 4300.09)
A. 
Any business or establishment offering for sale to the public any paint or dye which is packaged for sale in a pressurized container commonly known as an aerosol spray paint can or container, writing instruments as described in Section 9.36.030 of this code and/or glass etching tools shall provide, post and maintain a sign near the point of storage which contains the wording: "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both." The letters will be at least one-half inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol paint containers, writing instruments or glass etching tools.
B. 
Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers, writing instruments or liquid etching substances as described in Section 9.36.030 of this code shall keep, store and maintain such aerosol spray paint cans or containers, writing instruments in a place that is locked and secured, and otherwise inaccessible to the public except by special request. The clerk taking the item from the secured area shall deliver that item to the cashier for payment by the customer.
(Prior code § 4300.10)
A. 
Criminal Penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a $1,000.00 fine, or by such fine and imprisonment, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by California Penal Code Section 594 and/or any other provision of law.
B. 
Additional Penalties Available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction:
1. 
Litter or graffiti cleanup pursuant to California Vehicle Code Section 42001.7, upon conviction of violation of California Vehicle Code Sections 23111, 23112, or 23113(a);
2. 
Suspension or delay of issuance of a driver's license pursuant to Vehicle Code Section 13202.6 upon a graffiti-vandalism conviction;
3. 
Performance of community service, including graffiti removal service of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug-related offense in the city, as provided in California Welfare and Institutions Code Section 729.8.
C. 
It is the city's further intent that pursuant to California Penal Code Section 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this chapter.
D. 
Any parent or legal guardian whose minor child possesses a graffiti implement, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said child, or by the graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement.
(Prior code § 4300.11)
A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.
(Prior code § 4300.12)
The finance department shall, upon request of the police department, identify businesses in the city which may offer for sale to the public aerosol spray paint containers, writing instruments and or glass etching tools and cause a copy of this chapter to be transmitted to such persons and businesses by first class mail at the earliest feasible date.
(Prior code § 4300.13)