Baldwin Park Municipal Code Ch. 131 Offenses Against Property

Section

Statutory reference:

Crimes against property, see Cal. Penal Code §§ 450 et seq.

(A) No person shall injure, destroy or damage any ornament, building or structure located in any public place owned by the city.

(B) Any act of willful misconduct of a minor which results in the defacement of public property with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney's fees, to the prevailing party; and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed $25,000, or as amended in accordance with state law, for each such act of the minor.

('83 Code, § 9.20.010) (Am. Ord. 1184, passed 2-20-02) Penalty, see § 10.99

Within the limits of any park and public properties, it is unlawful for any person to bring or have in his possession any spray paint can or any other indelible marking apparatus designed or suitable for the application of paint or indelible ink to any surface by spraying paint or marking with indelible ink upon such surface. The foregoing prohibitions shall not apply to the following:

(A) Persons bearing a special written permit from park or city authorities to have such cans or apparatus in their possession.

(B) Persons engaged or employed by the city for the purpose of applying paint and other material to appropriate surfaces within the limits of the public parks and other public properties.

('83 Code, § 9.20.020) Penalty, see § 10.99

It is unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized can or other container commonly known as an aerosol spray paint can or container which contains paint or dye to anyone under the age of 18 years. It is unlawful for anyone under the age of 18 years to purchase or otherwise obtain any aerosol spray paint can or for a juvenile to possess an aerosol spray paint can in a public place unless the juvenile is in the presence of his or her parent or guardian.

('83 Code, § 9.20.030) (Ord. 1048, passed - -91) Penalty, see § 10.99

Statutory reference:

Cal. Penal Code § 594.1(a) through (f)

(A) (1) Any business or establishment offering for sale to the public any paint or dye which is packaged for sale in a pressurized container commonly known as an aerosol spray paint can or container shall provide, post and maintain a sign which reads as follows:

Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by a fine, imprisonment, or both.

(2) The letters will be at least one-half inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans.

(B) Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers shall keep, store and maintain the aerosol spray paint cans or containers in a place that is locked and secured, or otherwise inaccessible to the public.

('83 Code, § 9.20.040) (Ord. 1048, passed - -91) Penalty, see § 10.99

(A) The City Council is authorized to appropriate money from the general fund of the city, or from moneys collected through asset seizures, to offer a reward to any individual providing information to the city leading to the arrest and conviction of anyone placing or applying graffiti or other inscribed materials on or to any public or private property within the city. The City Council may appropriate such moneys for this purpose by including the appropriation in its annual budget resolution, or by adopting a resolution or resolutions from time to time as may be warranted in the discretion of the City Council.

(B) GRAFFITI, or other inscribed materials, is defined in accordance with Cal. Gov't Code § 53069.3, as the same may from time to time be amended.

(C) Rewards may be offered to and paid to any person; provided, however, that no peace officer, official, officer, employee, appointee or agent of the state, or any county or city therein, or any political subdivision thereof, shall be eligible to receive any reward offered under this section.

(D) The maximum amount of any reward shall not exceed $2,000 per incident.

(E) The City Manager and designees shall establish procedures for public notification of this reward program, criteria for the offer and payment of rewards, and procedures for the making of offers to, submission of claims for, and the payment of, rewards under this section. In the event of any dispute concerning the offer of, a claim for, or payment of, any reward under this section, the determination of the City Council shall be final and conclusive.

(F) The city shall not be obligated to offer or pay any reward under this section, but such offer and payment shall be at the sole discretion of the city.

(G) No offer of reward shall be made or payment made in the event that:

(1) The City Council has not authorized by resolution the appropriation of funds as set forth in division (A) of this section; or

(2) The funds appropriated by the City Council in accordance with division (A) of this section have been expended.

(H) For any graffiti incident for which the city has paid a reward under this section, the offender convicted of that incident, and if the convicted offender is an unemancipated minor the convicted offender's parent(s) or guardian(s), shall be liable for the reward amount paid by city pursuant to this section.

('83 Code, § 9.20.050) (Ord. 1052, passed - -91; Am. Ord. 1184, passed 2-20-02)

In accordance with Cal. Penal Code § 594(c)(2)(A), a person convicted for acts of vandalism, including defacing property with graffiti, may be subject to additional punishment, imposed by the court at the request of the Police Department, to pay for law enforcement costs in an amount not to exceed $250. Such costs are in addition to any other costs incurred or recovered by the Police Department, and payment of these costs does not in any way limit, preclude, or restrict any other right, remedy or action otherwise available to the Police Department.

(Ord. 1184, passed 2-20-02)