Chapter 7.44 — GRAFFITI

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and surrounding properties, and, in so doing, negatively impacts upon the entire community. The City has in the past undertaken to remove graffiti from public property but has been unable to mount a successful program for encouraging the owners of private property to undertake to remove graffiti from walls, buildings, structures and other surfaces. Section 53069.3 of the Government Code authorizes the City under certain circumstances to provide for the removal of graffiti.

The City Council finds and determines that graffiti is obnoxious and a public nuisance and, unless promptly removed from public and private properties, tends to remain and to attract more graffiti; other properties are then the target of graffiti, with the result that entire neighborhoods and, indeed, the community is depreciated in value and made a less desirable place. The City Council therefore determines that it is appropriate that the City of Anaheim develop procedures to implement the provisions of Section 53069.3 of the Government Code and provide for the removal of graffiti from both public and private property under the circumstances set forth hereinafter. The City Council further determines that it is appropriate to provide regulations relating to the display for sale of aerosol paint containers and marking pens and to provide penalties relating to possession of graffiti implements for the purpose of engaging in graffiti-making acts. (Ord. 4089 § 1 (part); January 2, 1980: Ord. 5358 § 1; March 9, 1993.)

As used in this chapter, the following terms shall have the meanings set forth herein:

"Aerosol paint container" means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property.

"Felt-tip marker" or "marking pen" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink.

"Graffiti" means any inscription, word, figure or design marked, etched, scratched, drawn or painted on any surface, without the express permission of the owner (or owner's representative) of such surface, regardless of the nature of the material of which the surface is composed.

"Owner's representative" means any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures or designs upon such property, or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property.

"Spray actuator" (also known as a "spray tip," "nozzle" or "button") means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. (Ord. 5358 § 2; March 9, 1993; Ord. 5519 § 1; September 19, 1995.)

Notwithstanding any other provisions of the Anaheim Municipal Code to the contrary, whenever the Public Works Executive Director determines that graffiti or other inscribed material is so located on public or private property as to be capable of being viewed by a person utilizing any public right-of-way in this City, be this road, parkway, alley, or otherwise, and the owner of the property consents to the removal by the City of the graffiti or other inscribed material and executes such document as the City may provide relative to the removal of the graffiti or other inscribed material, then the Public Works Executive Director is authorized to provide for the removal of the graffiti or other inscribed material. If the Public Works Executive Director provides for the removal of the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located. (Ord. 4089 § 1 (part); January 2, 1980.)

Whenever graffiti has been removed from public or private property at the expense of the City of Anaheim, each person who placed any of the graffiti, and the custodial parents or guardians of any minor who placed any of the graffiti (hereinafter collectively the "responsible persons"), shall be legally responsible to reimburse the City of Anaheim for all costs of removal. Upon the determination of the costs of removal, the Finance Director is authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the City by such responsible persons. (Ord. 5358 § 3; March 9, 1993.)

7.44.040 (Repealed by 5519, 9/19/95)

It is unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section7.44.015, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative. (Ord. 5358 § 5; March 9, 1993.)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale. (Ord. 5358 § 6; March 9, 1993.)

Chapter 7.48

(Repealed by 5831, 10/15/02)