[Ord. 1153, 4-20-1994]
Through this chapter, the City Council intends to provide additional enforcement tools to protect public and private property from graffiti and similar acts of vandalism and defacement. The remedies contained in this chapter are intended to supplement the nuisance abatement procedures already established. The city may in its discretion pursue any lawful remedies to remove graffiti in the city and to recover any removal costs so incurred.
[Ord. 1153, 4-20-1994]
The definitions contained in Chapter 95 shall also govern this chapter. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AEROSOL PAINT CONTAINER
Any aerosol container which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
FELT TIP MARKER
Any indelible marker or similar implement with a tip which at its broadest width is 1/8 inch or greater, containing an ink that is not water-soluble.
GLASS CUTTERS
Any tools or instruments designed to cut or etch glass surfaces.
GRAFFITI
Any inscription, word, figure or design that is marked, etched, pasted, or otherwise placed on property without the advance approval of the property owner or person in lawful possession of the property.
GRAFFITI IMPLEMENT
Any implement capable of marking a surface to create graffiti including, but not limited to, any aerosol paint container, paint stick, felt tip marker, marking pen, gum label, marking instrument, drill bit, grinding stone, scribe, glass cutter, or etching tool, or other implements capable of scarring glass, metal, concrete or wood.
GRAFFITI REMOVAL COSTS
All costs that would be considered abatement costs in the context of a nuisance abatement proceeding under Chapter 95A. In addition, such costs expressly include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and any courts costs incurred in connection with the civil prosecution of any claim for damages.
GUM LABEL
Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.
MINOR
A person under 18 years of age.
PAINT OR GRAFFITI STICK
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 1/8 of an inch in width, visible from a distance of 20 feet, and not water-soluble.
RESPONSIBLE PARTY
Any party made liable pursuant to this chapter or Chapter 95 for the city's costs of removing graffiti in the city. Such removal costs include, but are not limited to, all city staff time, police investigative time, City Attorney time and fees, and court costs. Responsible parties include, but are not limited to the following:
(1) 
Any person who creates graffiti;
(2) 
Any owner or person legally in possession of real property on which graffiti exists; and
(3) 
In the case of a minor who creates graffiti, any parent or legal guardian of such minor.
The city may, in the discretion of the City Attorney and City Manager, or their designee, pursue any judicial or administrative remedies against any responsible party to recover the city's costs of graffiti removal.
SPRAY ACTUATOR
An object, such as a spray tip, nozzle, or button, which is capable of being attached to an aerosol paint container for the purpose of spraying, the substance contained therein.
[Ord. 1153, 4-20-1994]
The City Council reaffirms any previous declarations that graffiti is a public nuisance which may be abated pursuant to the abatement procedures in Chapter 95 of this Code.
[Ord. 1153, 4-20-1994]
It shall be unlawful for any person to mark, apply, or etch graffiti on any structure located on public or private real property within the city.
[Ord. 1153, 4-20-1994]
(A) 
It shall be unlawful for any minor to possess any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while on public or private property without the consent of the property owner or the person in lawful possession of the property. Any law enforcement officer who observes a violation of this section may take immediate possession of the aforementioned graffiti implements.
(B) 
The foregoing provision shall not apply while the person 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 an aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter.
[Ord. 1153, 4-20-1994]
Except as may be authorized by the City Manager or his or her designee, no person shall have in his or her possession any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while on any property owned by the city, including any city-owned park, playground, swimming pool, or recreational facility. Nor shall any person have in his or her possession any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter while loitering in or near an underpass, bridge abutment, storm drain, or similar types of infrastructure located within the city. City employees and employees of other state and local government entities shall be exempt from this provision while engaged in the course and scope of their employment.
[Ord. 1153, 4-20-1994]
Any parent or other legal guardian of a minor shall be personally liable for any and all graffiti removal costs associated with graffiti caused by the minor. This section shall in no way limit the amount of recovery against the parent or other legal guardian for their own common law negligence.
[Ord. 1153, 4-20-1994]
(A) 
Furnishing to minors prohibited. It shall be unlawful for any person to sell, give, or otherwise furnish any aerosol paint container, felt tip marker or graffiti stick to any minor without the consent of the minor's parent or legal guardian. Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction or sale shall be a defense to any criminal prosecution thereof.
(B) 
Signs required. Any person engaged in the retail sale of any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter within the city must display at the location of retail sale a sign clearly visible and legible to employees and customers in letters at least 3/8 of an inch high stating:
“It is unlawful for any person to sell or give to any individual under the age of 18 years any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter without obtaining prior written consent from the parent or legal guardian. Any person who creates graffiti or otherwise defaces property within the City of Indio violates state and local laws, which are punishable by a fine, imprisonment, or both.”
(C) 
Wrongful display for sale. No person, firm or entity engaged in commercial enterprise shall display for sale, trade or exchange, any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label or glass cutter except in an area to which public access shall be securely prevented without employee assistance. Two such acceptable methods for displaying such merchandise for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be affixed to a building or building structure and which shall remain locked at all times except during access by authorized representatives; or (2) an enclosed area behind a sales or service counter into which the public is prevented from entering.
(D) 
Liability for wrongful display. Any seller who displays any aerosol paint container, spray actuator, felt tip marker, paint or graffiti stick, gum label, or glass cutter in violation of this chapter shall be personally liable for any and all graffiti removal costs associated with removing graffiti caused by such merchandise.
[Ord. 1153, 4-20-1994]
If the City Manager, or his or her designee, determines that graffiti exists on public or private property in the city, the City Manager, or his or her designee, may use city funds to remove the graffiti. Prior to such removal, the city shall seek the written consent of the property owner or person in lawful possession of the property. Such consent shall be obtained on a form approved by the City Attorney. The city's removal of graffiti by painting or repair shall not involve the painting or repair of a more extensive area than that area where the graffiti is located.
[Ord. 1153, 4-20-1994; Ord. 1173, 3-16-1995]
The city may in its sole discretion recover its graffiti removal costs from any and all responsible parties.
(A) 
Notice to responsible parties. When the City Manager or his or her designee determines who is or are the parties responsible for graffiti on property within the city, and the cost of removing the graffiti, the city shall send any or all of the responsible parties a notice indicating at a minimum all of the following:
(1) 
The name(s) of the responsible party(ies);
(2) 
A statement notifying the recipient of the Notice that he or she has been determined by the city to be liable for the city's graffiti removal costs associated with removing particular graffiti, indicating the particular provision of this chapter upon which such liability is founded;
(3) 
The amount of the city's graffiti removal costs and the date by which such costs must be paid to the city;
(4) 
The location and description of said graffiti;
(5) 
A statement notifying the responsible party of his or her right to request an administrative hearing regarding liability or the amount of removal costs;
(6) 
A statement notifying the responsible party that if he or she does not request such a hearing within ten days of the date of receipt of the notice, then all appeal rights are deemed waived and the city's determination regarding liability and costs will become final; and
(7) 
A statement notifying the responsible party that if he or she does not request a hearing or pay the amount of costs owing by the dates indicated, then the amount will be assessed and recorded against his or her real property by the city as a lien.
(8) 
The form of the notice shall be approved by the City Attorney. The notice shall be served as provided for in Chapter 95A.
(B) 
Hearing regarding costs or liability. Upon timely request of a hearing by a responsible party regarding the liability of the responsible party or the amount of the city's costs incurred in removing graffiti, the Fire Chief shall schedule a hearing before the Community Preservation Committee. Such hearing shall be conducted in accordance with the procedures prescribed by Chapter 95 of the Indio City Code.
[Ord. 1153, 4-20-1994; Ord. 1173, 3-16-1995]
Any party aggrieved by a decision of the Community Preservation Committee may appeal that decision to the City Council. Such appeals shall be governed generally by the procedures provided by Chapter 95 for the appeal of decisions of the Community Preservation Committee.
[Ord. 1153, 4-20-1994]
(A) 
A reward is hereby authorized, offered and may be paid by the city to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who violates this chapter.
(B) 
The exact amount of the reward to be paid by the city shall be determined by the City Council after receipt of a report from the City Manager indicating that information was received leading to the determination of the identity of, and the apprehension of, a person who violated this chapter, and indicating the final disposition of such matter. No law enforcement officer, municipal officer, official or employee of the city shall be eligible for such reward.
(C) 
The city may reimburse to any person reporting by means of a telephone, including mobile or cellular phones, an act of graffiti or the existence of graffiti within the city limits in the amount of the direct phone charge exclusive of taxes.