Avalon Municipal Code Ch. 5-2 Graffiti Prohibition, Prevention and Removal

Editor's Note: Former §§ 5-2.01 through 5-2.13 pertaining to amusement machines, adopted by §§ 1 — 13, Ord. 271, was rescinded by § 1, Ord. 723, eff. August 31, 1982.

[§ 3, Ord. 870-92-U, eff. February 4, 1992; § 3, Ord. 871-92, eff. March 19, 1992]

(a) It shall be unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint, dye or other liquid substance capable of defacing property to anyone under the age of 18 years unless such person is accompanied by his or her parent or legal guardian. It shall be unlawful for anyone under the age of 18 years to purchase any pressurized can containing paint or dye unless accompanied by his or her parent or legal guardian.

(b) Any business or establishment which offers aerosol paint containers for sale to the public shall keep, store, display and maintain the containers in a place that is locked and secure or otherwise made unavailable to the public except upon request and under the supervision of a representative of such business or establishment.

[§ 3, Ord. 870-92-U, eff. February 4, 1992; § 3, Ord. 871-92, eff. March 19, 1992]

It shall be unlawful for any person to have in his or her possession any pressurized can containing any substance commonly known as paint, dye or other liquid substance capable of defacing property while on or in any public place or building, including a highway, street or alley except where such person is travelling in a vehicle, unless such aerosol can is sealed or completely enclosed in a sealed container. This section shall not apply to authorized employees of a public agency or those persons authorized by contract with a public agency.

[§ 3, Ord. 870-92-U, eff. February 4, 1992; § 3, Ord. 871-92, eff. March 19, 1992]

(a) Authorization. The City Council may authorize and appropriate money from the General Fund to be used to remove graffiti, defined as any form of unauthorized painting, writing, or inscription regardless of the content or nature of the material used, from public or privately owned structures or property located in the City of Avalon. The funds authorized by this section shall be used only for the removal of the graffiti and not for the painting or repair of a more extensive area. The City shall obtain the permission of the owner or person in possession of private property prior to removing graffiti from private property.

(b) Findings Required. The City may remove graffiti from public or private property only upon a finding by the City Manager that the graffiti is obnoxious and after permission for removal is secured from the owner of the property.

[§ 3, Ord. 870-92-U, eff. February 4, 1992; § 3, Ord. 871-92, eff. March 19, 1992]

Violation of the provisions of this chapter shall be a misdemeanor, punishable by fine or imprisonment or both as set out in Title 1.