Bakersfield Municipal Code Ch. 9.36 Graffiti Prevention and Abatement

Sections: 9.36.010 Purpose. 9.36.020 Graffiti defined. 9.36.030 Public nuisance. 9.36.040 Display of aerosol spray paint containers and marker pens. 9.36.050 Sale of wide-tipped marker pens to minors. 9.36.060 Possession of aerosol paint container or wide-tipped marker pen. 9.36.070 Removal of graffiti. 9.36.080 Penalty. 9.36.090 Reward. 9.36.100 Severability.

The purpose of this chapter is to prevent graffiti and provide for the prompt abatement of graffiti from public and private property in the city; to provide for methods of controlling the sale, use and possession of instruments used in creating graffiti; and to encourage citizens to report occurrences of graffiti vandalism within the city. (Ord. 3517 § 2, 1993)

“Graffiti” means, but is not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public or private property, either real or personal, or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in the city of Bakersfield, including but not limited to any roadway, parkway, sidewalk or alley. (Ord. 3517 § 2, 1993)

The city of Bakersfield hereby declares graffiti to be a public nuisance to be abated pursuant to the provisions provided in Chapter 8.80 of this code. Nothing in this or any other chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. (Ord. 3517 § 2, 1993)

A. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or marker pens with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored, if viewable by the public, in a manner not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers. (Ord. 3524 § 2, 1993; Ord. 3517 § 2, 1993)

A. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any marker pen with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen years who is not accompanied by a responsible adult.

B. It shall be unlawful for any person under the age of eighteen years to purchase a marker pen(s) with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water when dry.

C. Every retailer selling or offering for sale marker pens with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating:

“ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR OTHER PERMANENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT.”

(Ord. 3524 § 2, 1993; Ord. 3517 § 2, 1993)

A. It is unlawful for any person under the age of eighteen years, who is on private property, without the consent of the owner, tenant or operator thereon, or who is in a public place, to possess a marker pen with the tip exceeding six millimeters in width, containing anything other than a solution which can be removed with water when dry. For purposes of this section, a “public place” includes, but is not limited to, all public buildings and facilities, public highway, street, alley or way, regardless of whether that person is or is not in any automobile, vehicle or other conveyance. This subdivision shall not apply to the possession of a marker pen with the tip exceeding six millimeters in width, by a minor under the supervision of a responsible adult.

B. It is unlawful for any individual, who is on private property, without the consent of the owner, tenant or operator thereon, to possess an aerosol or pressurized container of paint for the purpose of defacing property. (Ord. 3524 § 2, 1993; Ord. 3517 § 2, 1993)

A. Right of City to Remove.

1. Authorization to Use City Funds. Within the limits set forth in this section, city funds may be used to
remove graffiti and other similar inscribed material from publicly or privately owned permanent structures
located on publicly or privately owned real property within the city.

2. Limitations to Use of City Funds. The use of city funds as authorized in this section is limited to the
following cases:

a. Sufficient funds have been budgeted and remain unencumbered for such purpose.

b. The city manager or the designee of the city manager approves each proposed use of city funds for
such purpose.

c. City funds shall be used only to remove the inscribed material itself and may not be used for
painting or repairing of any more extensive area.

d. In any instance where the owner or tenant of the affected property caused, materially contributed
to, or voluntarily consented to the inscription, the owner may be held financially responsible pursuant to
subsection A, 3 below.

3. Right of Entry on Private Property; Failure to Obtain Owner Consent. The city will first seek to obtain the
written consent of the owner of the affected property, public or private, in order to enter upon the property
to remove graffiti located thereon. The consent shall be in a form approved by the city attorney and shall:

a. Authorize entry of city employees and/or contractors on the affected property to accomplish the
removal of the material;

b. Assign to the city of Bakersfield any cause or causes of action which the owner may have against
any person or persons who defaced said property with graffiti; and

c. Hold the city, its officers, employees and contractors harmless from all liability arising out of the
entry on the property in order to perform the work of removing the material.

If the city is unable to secure entry upon the affected property for the purpose of removal of the graffiti, or if
the city shall have requested consent to remove or paint over graffiti and the property owner shall have
refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city

may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority set forth in Bakersfield Municipal Code Chapter 8.80, which authority includes the recovery of all costs incurred by the city in abating graffiti and recordation of lien as to affected property as provided for in Government Code Sections 38773 et seq.

B. Liability of Parents or Guardians; Liability of Violator; Penal Violations.

1. Pursuant to California Civil Code section 1714.1, each parent or legal guardian shall be personally liable for any and all costs incurred by the city or any person or business in connection with the removal of graffiti caused by that parent or guardian’s minor child, and for all law enforcement costs, city staff costs, attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to the limits set in California Civil Code section 1714.1(b)

   2. Any individual who is determined to be responsible for violating the provisions of this chapter shall be personally liable for any and all costs incurred by the city or any person or business in connection with the removal of graffiti caused by that person, and for all law enforcement costs, city staff costs, attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement.

   3. In addition to civil restitution remedies, the section may pursue criminal charges for violators of this chapter (as set forth in Penal Code section 594 or 640.6)

   4. In addition to the above, the city may also seek recovery for any and all costs incurred by the city for removal of graffiti pursuant to the remedies set forth in Government Code Sections 38772, 38773.2 and 38773.6. The procedures for recovery of costs under this particular paragraph shall be those set forth in Chapter 8.85. (Ord. 3813 § 1, 1997; Ord. 3726 § 1, 1996; Ord. 3517 § 2, 1993)

A violation of this chapter, except where otherwise indicated, is a misdemeanor subject to all penalties set forth in the Penal Code of this state and in Section 1.40.010 of the Bakersfield Municipal Code. (Ord. 3517 § 2, 1993)

The City of Bakersfield may provide a reward of up to five hundred dollars in each case for information which leads to the arrest and conviction of graffiti vandals. As part of this incentive, the economic development department of the city of Bakersfield may establish, publicize, and maintain a “graffiti hotline” for citizens to utilize to report this nuisance. (Ord. 3517 § 2, 1993)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this section form an interrelated program for dealing with the problem of graffiti and vandalism within the city, but that such subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any subsections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Ord. 3517 § 2, 1993)

VI. Consumer Protection (Reserved)

VII. Offenses by or Against Minors