Alameda Municipal Code § 4-2 Graffiti

Footnotes:

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* Editor's Note: Prior ordinance history: Ord. Nos. 2436 and 2537.

The City Council finds that graffiti on public and private property creates a condition which reduces property values and promotes blight and neighborhood deterioration. This deterioration invites further graffiti and other forms of crimes including vandalism. It is the purpose and intent of the City Council to provide, through the adoption of graffiti prevention ordinances, additional enforcement tools to protect private and public property and public safety.

(Ord. No. 2642 N.S. § 1)

As used in this section:

Aerosol paint container shall mean any aerosol container, regardless of the material from which it is made, which adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Felt tip marker shall mean any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth (⅛) inch, containing an ink that is not water soluble.

Graffiti shall mean any writing, drawing, defacing, marring, inscribing, scratching, painting or affixing of markings upon any real or personal property, which is unauthorized by the property owner or person in possession of the subject property or which can be seen by any person using the public right-of-way or from adjacent properties.

Graffiti implement shall mean an aerosol paint container, felt tip marker, a paint stick, a scribe or gummed label.

Gummed label shall mean any sticker, stamp or item applied with self-adhesive glue, gum, tape or any other type of adhesive which is larger than one inch by one inch and which can be applied to any surface, wall, window or sign regardless of material.

Paint stick shall mean any 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-eight (⅛) inch in width, and not water-soluble.

Scribe shall mean an implement which permanently etches glass.

Unreasonable period shall mean a period of time exceeding fifteen days from the day the owner, lessee, renter or occupant has been lawfully notified of the placement of graffiti.

(Ord. No. 2642 N.S. § 1)

It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the City to maintain or allow to be maintained graffiti on such property for an unreasonable period. This section shall apply to both public and private property in all zoning districts of the City.

(Ord. No. 2642 N.S. § 1)

a. The existence of graffiti within the City limits is a public and private nuisance and may be abated according to the procedures contained herein or any other lawful means.

b. Upon the failure of a property owner to remove graffiti from his/her real or personal property within three (3) days the Public Works Director or his/her designee shall serve on the property owner an Order to Remove Graffiti. The Order to Remove Graffiti shall state:

1. A description and location of the real or personal property on which the graffiti that must be removed;

2. A brief description of the graffiti that must be removed;

3. A specific date by which the graffiti must be removed, along with a statement that if the property owner does not remove the graffiti within this time, the City may cause the graffiti to be removed and may make the costs incurred in this work a personal debt of the property owner or a lien against the property.

4. A statement that the property owner may request a hearing before the Public Works Director on Order to Remove Graffiti by filing a written request for the hearing.

c. The written request for a hearing shall state the address and/or a brief description of the property, the date of the Order to Remove Graffiti, and the grounds on which the Order is contested. The request for a hearing must be filed with the Public Works Department within ten (10) days after service of the Order. The Public Works Department shall then set the matter for a hearing before the Public Works Director, or his or her designee, on a date which is no less than ten (10) days and no more than (30) days after receipt of the request for a hearing and shall give the property owner or other person requesting the hearing written notice of the date, time and place of hearing. The notice shall be served in the same manner as set forth below for the decision of the Public Works Director.

At the hearing the Public Works Director shall consider all relevant evidence. The decision of the Public Works Director shall be served on the person requesting the hearing, either personally or by certified mail, with a Notice of Intended Decision. This notice shall state the intended decision on the hearing, the reasons for the proposed decision, the effective date of the decision if no appeal is filed, and the right of appeal to the City Council.

Any person dissatisfied with the decision of the Public Works Director may file an appeal to the City Council within the specified time. The appeal shall be made in writing and filed with the City Clerk not later than ten (10) days after service of the Notice of Intended Decision. The appeal shall state in detail the factual basis for the appeal.

An appeal fee shall be paid and shall consist of a processing fee plus the actual cost to the City for retaining a hearing officer if the appeal, or any portion thereof, is not granted. The processing fee shall accompany the request for an appeal. The appeal fee shall be set by resolution of the City Council.

The City Council or its designee may appoint a hearing officer to conduct the hearing, to receive relevant evidence, and to submit to the City Council findings and recommendations to be considered by the City Council. The hearing officer shall hear the appeal and submit his or her findings and recommendations to the City Council. The City Council shall render its decision within forty-five (45) days from the date of the hearing, or in the event that a hearing officer has been appointed, within forty-five (45) days from the date the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final.

If the City Council finds that an appeal or any portion of an appeal does not prevail, the graffiti shall be abated immediately by the property owner. In lieu of abating the graffiti personally the property may enter into an agreement with the City to allow the City to abate the graffiti at the property owner's expense.

If the property owner does not timely comply with the above procedure for a hearing and/or appeal, he or she shall be deemed to have waived the right to an administrative hearing and/or any appeal to the City Council.

(Ord. No. 2642 N.S. § 1)

Except as may be authorized by the City, no person shall have his or her possession any graffiti implement while at or on the premises of any public park, playground, swimming pool, recreational facility or while loitering in or near an underpass, bridge abutment, storm drain or other similar types of infrastructure.

(Ord. No. 2642 N.S. § 1)

Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows his or her minor child to commit graffiti shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said minor and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim or damages. The City is hereby empowered and authorized to use any lawful means to bill and collect any and all sums owed under this section of the Code.

(Ord. No. 2642 N.S. § 1)

a. 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 any graffiti offense in the City shall be required, at City's option, to perform community service, including graffiti removal service of not less than six hours or more than eighty hours.

(Ord. No. 2642 N.S. § 1)

a. Amount. Pursuant to Section 53069.5 of the Government Code the City does hereby offer a reward of: two hundred fifty ($250.00) dollars for information leading to the arrest of any person maliciously injuring or destroying another's property by the use of graffiti causing up to five hundred ($500.00) dollars in damage or defacement or five hundred ($500.00) dollars for information leading to the arrest of any person maliciously injuring or destroying another's property by the use of graffiti causing five hundred ($500.00) dollars or more in damage or defacement.

For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offence shall constitute a conviction.

No public employees or officials whose duty it is to investigate or to enforce the law, or their spouses, children or parents living in the same household, shall be enTitled to a reward.

b. Claims. Claims for the rewards under this section shall be filed with the City Police Department. Each claim shall specifically identify the date, location, kind of property damage, and the name of the person who was convicted or arrested.

c. Multiple Witnesses. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it deems appropriate.

d. Verification. No claim for a reward shall be allowed by the City unless the Chief of Police or his/her designee investigates and verifies the arrest or conviction and recommends that it be allowed.

e. Liability for Reward. The person committing the graffiti offense, and if an unemancipated minor, then the custodial parent of said minor, shall be liable for any reward paid pursuant to this section.

(Ord. No. 2642 N.S. § 1)