Alhambra Municipal Code Ch. 9.57 Graffiti Prevention and Removal

The increase in graffiti activities on both public and private properties has blighted our neighborhoods and caused a decline in property values and detracts from the image of the city. The purpose of this ordinance is to provide a program for the removal and prevention of this activity.

('86 Code, § 9.57.010) (Ord. 4251, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AEROSOL CONTAINER. Any aerosol based container, bottle, spray device or other mechanism, which is adapted or made for the purpose of spraying paint, ink, dye, or other similar substance.

ETCHING TOOL. Any etching tool, glass cutter or other similar device that may be used to etch, scratch or mark a surface.

FELT TIP MARKER. Any indelible marker or similar implement with a tip, which at its broadest width, is greater than 1/16-inch, containing an ink, dye, or other similar substance.

GRAFFITI. Any unauthorized inscription, writing, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface, regardless of the nature of the material of the surface.

GRAFFITI IMPLEMENT. A felt tip marker, gum label, paint stick, graffiti stick, etching tool, or any other device containing paint, ink, chalk, dye, or similar substance which when used or applied is capable of defacing glass, metal, concrete, wood, plastic or other similar substances.

GUM LABEL. 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. 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 1/16 of an inch in width.

('86 Code, § 9.57.020) (Ord. 4251, passed - - )

(A) It shall be unlawful for any person to apply graffiti within the city.

(B) No person owning or otherwise in charge or control of any real property within the city shall permit or allow any graffiti to be placed or remain on any permanent structure located on such property when the graffiti is visible from the street or other publicly or privately owned property, for a period in excess of seven days from the date of Notice to Abate given pursuant to § 9.57.110, unless:

(1) The person does not have the financial or physical ability to remove the graffiti, and has informed the City Public Works Department, in writing, within seven days of the date of the Notice to Abate; or

(2) The person demonstrates to the Director of the City Public Works Department within seven days of the date of the Notice to Abate that he or she has an active program for the removal of graffiti and has scheduled the removal of graffiti as part of that program within a time period of ten days or less; or

(3) The person has filed an objection to the Notice to Abate pursuant to § 9.57.110(B); or

(4) The affected property has been reported to either the City Public Works Department or contractor retained by the city for graffiti removal service, in which case the graffiti shall remain until the graffiti has been scheduled for eradication as part of the graffiti removal program. Prior to the removal of the graffiti by the city or its contractor, the owner or the person in charge or control of the property must complete and sign a Waiver and Release of Liability Form as provided by the City Public Works Department.

('86 Code, § 9.57.030) (Ord. 4251, passed - - ) Penalty, see § 9.57.090

(A) It shall be unlawful for any person under the age of 18 to have in his or her possession any graffiti implement while:

(1) Upon public property unless that person is accompanied by a parent or guardian; or

(2) Upon private property without the prior consent of the owner of such private property.

(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 the school which has, as a written requirement of the class, the need to use any graffiti implement.

('86 Code, § 9.57.040) (Ord. 4251, passed - - ) Penalty, see § 1.12.010

It is unlawful for any person to have in his or her possession any graffiti implement while performing any activity in any public park, playground, swimming pool, recreational facility, or other public buildings owned or operated by the city or any other governmental agencies, or any public right-of-way in the city unless necessary in order to participate in any city sponsored function under the direct supervision of adults. This action shall not apply to authorized employees of the city nor shall it apply to authorized agents or contractors under contract to the city.

('86 Code, § 9.57.050) (Ord. 4251, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to sell, exchange, give, loan, or otherwise furnish, or permit to be sold, exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years unless such person is in the presence of his or her parent or guardian.

('86 Code, § 9.57.060) (Ord. 4251, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person under the age of 18 years to purchase or otherwise obtain a graffiti implement unless such person is in the presence of his or her parent or guardian.

('86 Code, § 9.57.070) (Ord. 4251, passed - - ) Penalty, see § 1.12.010

(A) Every person who owns, conducts, operates or manages a retail commercial establishment offering for sale to the public any graffiti implement and/or aerosol container shall keep, store, and maintain such implements and/or aerosol container at all times in a place that is locked and secure, or otherwise made inaccessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such graffiti implements or aerosol container.

(B) Every person who owns, conducts, operates or manages a retail commercial establishment for sale to the public any graffiti implement and/or aerosol container, shall post and maintain a sign which contains the following language in letters of at least ½-inch in height:

“IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 18 YEARS OF AGE TO PURCHASE ANY AEROSOL CONTAINER, FELT TIP MARKER, PAINT STICK, ETCHING TOOL OR GUM LABEL AS DEFINED IN AMC § 9.57.010.”

(C) The sign shall be plainly visible to customers who may seek to purchase any graffiti implement.

('86 Code, § 9.57.080) (Ord. 4251, passed - - ) Penalty, see § 9.57.090

A violation of any section of this chapter shall be a misdemeanor.

('86 Code, § 9.57.090) (Ord. 4251, passed - - )

Pursuant to Cal. Civ. Code § 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of the minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $25,000 for each such offense, except as provided in Cal. Civ. Code § 1714.1(c).

('86 Code, § 9.57.100) (Ord. 4251, passed - - ) Penalty, see § 9.57.090

(A) The City Public Works Director or his/her designee shall cause written notice to be issued to abate graffiti located on a property which is visible from public or private property. The Notice To Abate Graffiti (“notice”) shall be served upon the owner(s) of the affected property, as such owner's name and address appears on the last equalized property tax assessment roll of the county. The notice shall also be served on any commercial tenant in possession or control of the property. If there is no known address for the owner, the notice shall be posted on the property. The notice may also be served on any person that is in charge or control of the property. The method of service may be any one or a combination of the following:

(1) By personal service;

(2) By registered or certified mail.

(B) All graffiti located on the property shall be removed or painted over within seven days from the date of the notice. Any person having an objection to the notice shall submit any objection in writing to the City Public Works Department within seven days from the date of the notice. If the notified person fails to abate the graffiti or submit an objection within seven days from the date of the notice, city employees or private contractor employed by the city may request the property owner's consent to enter upon the affected property and abate the graffiti by removal or painting over the graffiti. The cost of abatement by the city employees or its private contractor may be assessed upon the affected property and, upon recordation in the office of the County Recorder of a notice of lien, such costs shall constitute a lien upon the land until paid.

('86 Code, § 9.57.110) (Ord. 4251, passed - - )

(A) If a person files, pursuant to § 9.57.110(B), a written objection to a notice to abate or a property owner refuses to consent to entry of city employees or contractors upon the property to abate graffiti, the city shall serve notice on the property owner and/or objecting person and set a hearing on abatement before the City Manager or his or her designee (“hearing officer”).

(1) The notice of hearing shall indicate the location of the property, the location of the graffiti on the property, the time and place of the hearing, the manner of the proposed abatement, and that an opportunity will be given to present evidence on why the graffiti should not be abated. The notice shall be given at least seven days prior to the hearing.

(2) Based upon the evidence presented at the hearing, the hearing officer shall determine whether the graffiti shall be abated within two days of the date of the hearing. The decision of the hearing officer shall be final. If an order to abate is issued, the owner or person in charge or control of the property shall have a period of ten days to comply. If the graffiti has not been abated after the 10 day period, the city shall have the authority to enter upon the property and eradicate the graffiti upon obtaining a warrant as required by law.

(B) If the city removes or paints over graffiti on property pursuant to an order of abatement, the city may charge the property owner applicable labor and material costs for the removal of graffiti. The City Director of Public Works or his/her designee shall keep an account of costs (including, but not limited to, the actual expenses for the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailing) of abating such graffiti on each separate parcel of land where the work is done. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the accounting of costs of abatement, together with any objections or protests. The City Council shall make any revision, correction or modification in the cost report as it may deem appropriate, after which the City Council, by motion, shall confirm the original or modified cost report. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the Los Angeles County Recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

('86 Code, § 9.57.120) (Ord. 4251, passed - - )

(A) Pursuant to Cal. Gov't Code § 53069.5, the city does hereby offer a reward of $200 for informa-tion leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the place-ment of graffiti, not to exceed $200 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 purpose 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. Employees, officers or board members of the city who witness graffiti activity during the course of their work schedule are not eligible for reward provisions pursuant to this chapter.

(B) Claims for rewards under this section shall be filed with the city and shall:

(1) Specifically identify the date, location and kind of property damaged or destroyed.

(2) Identify by name the person who was convicted, or confessed to the damage or destruction of the property.

(3) Identify the court and the date upon which the conviction occurred or the plea of guilty or no contest was entered.

(C) No claim for a reward shall be allowed by the City Council unless the claim is verified for accuracy and recommended by the city agency responsible for the review. This city agency shall be chosen by the City Manager at his/her discretion.

('86 Code, § 9.57.130) (Ord. 4251, passed - - )

(A) Retrofit existing graffiti-attracting surfaces. Any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than ten times in six months shall be required to be retrofitted at the cost of the property owner of the lot, 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 or efficient removal thereof.

(B) In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlement, the city shall require the developer to apply an anti-graffiti material, that is acceptable to the City Director of Public Works, to the surfaces of the improvements to be constructed on the site viewable to the public and deemed by the City Director of Public Works to be likely to attract graffiti.

('86 Code, § 9.57.140) (Ord. 4251, passed - - )

If any section, subsection, subdivision, paragraph, division, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof and the City Council hereby declares that it would have passed each section, subsection, subdivision, para-graph, sentence, clause, division, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, divisions, or phrases be declared unconstitutional or invalid or ineffective.

('86 Code, § 9.57.150) (Ord. 4251, passed - - )