Chapter 6.32 — GRAFFITI

State Law reference— Authority of city to adopt ordinance regulating the sale of aerosol containers of paint or other liquid substances capable of defacing property and governing the placement of graffiti on

public or private, real or personal property, Penal Code § 594.5; authority of city to provide for summary abatement of graffiti nuisance at expense of person creating the nuisance, Government Code § 38772.

and public properties.

Whenever the city manager or his designee determines that graffiti or other inscribed materials are so located on public or privately owned permanent structures on public or privately owned real property within this city so as to be capable of being viewed by a person utilizing any public right-of-way in this city, the city manager or his designee is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:

(1)

In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.

(2)

Where a structure is owned by a public entity other than this city, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as to form by the city attorney.

(3)

Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the city attorney.

(Code 1969, § 6.32.010; Ord. No. 602, § 2(part), 1989)

In the event the property owner of private property upon which graffiti or other inscribed material has been placed declines to consent to removal thereto by the city or fails or refuses to grant subject consent within a reasonable time after request made by the city, the property upon which graffiti or other inscribed materials has been placed shall be subject to the abatement process set forth in chapter 6.28.

(Code 1969, § 6.32.020; Ord. No. 602, § 2(part), 1989)

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property, but also the value of the adjacent and surrounding communities. Government Code § 53069.3 authorizes a city to enact ordinances to provide for use of city funds to remove graffiti from publicly and privately owned permanent structures located within the city. The city council finds that graffiti or related inscribed material is obnoxious and, pursuant to Government Code § 53069.3, authorizes that a program be instituted allowing for the use of city funds to remove graffiti on public and private property. It is the city

council's further intent to provide for the prohibition of the placement of graffiti on public and private property as herein set forth.

(Code 1969, § 6.32.030; Ord. No. 715, § 1(part), 1995)

State Law reference— Repair, removal or replacement of defaced publicly or privately owned property, Government Code § 53069.3.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Felt-tip marker means any broad-tipped indelible marker or similar implement containing ink or dye that is not water-soluble, and which has a flat or angled writing surface one-fourth inch long or greater.

Graffiti means and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component.

Publicly or privately owned structures means and includes any freeway, highway, street, alley, curb, gutter, sidewalk, drainage channel, structure or facility, parking lot, trees or other foliage, walls, fences, buildings and any portion thereof, windows, traffic signals and devices, vehicles, but may also include shelters, billboards, signs and supporting structures, traffic signs, signals and structures, and public utility structures and facilities.

(Code 1969, § 6.32.040; Ord. No. 715, § 1(part), 1995)

It is unlawful for any person who owns, conducts, operates, manages, or is employed by any business enterprise which sells aerosol paint containers or felt-tip markers to sell any such aerosol paint containers or felt-tip markers to minors.

(Code 1969, § 6.32.050; Ord. No. 715, § 1(part), 1995)

(a)

It is unlawful for any person to paint, chalk or otherwise apply graffiti or inscribe material on publicly or privately owned structures located on publicly or privately owned real property within the city.

(b)

It is unlawful for the owner of any private property to permit graffiti or other inscribed material to remain so as to be capable of being viewed by a person utilizing any public right-of-way in the city, such as a road,

parkway or alley, providing the city has given the property owner written notice to remove the graffiti within a period of seven calendar days, and the seven-day period has elapsed, unless the property owner agrees in writing to allow the city to remove the graffiti.

(Code 1969, § 6.32.060; Ord. No. 715, § 1(part), 1995)

State Law reference— Vandalism, Penal Code § 594.

(a)

The following procedure shall be followed for removal of graffiti by the city, with the consent of the property owner. Whenever the public works department determines that graffiti or other inscribed material is so located on public or private property so as to be capable of being viewed by a person utilizing any public right-of-way, and the owner of the property consents to the removal by the city of the graffiti, the city shall be authorized to provide for the removal of the graffiti.

(b)

If the city provides for the removal of graffiti, it shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.

(c)

Prior to the removal of graffiti, the city shall obtain written consent of the owner and the owner shall execute an appropriate release prepared by the city attorney.

(Code 1969, § 6.32.070; Ord. No. 715, § 1(part), 1995)

(a)

Criminal penalties. Any violation of section 6.32.050(a) shall be a misdemeanor punishable by either six months in jail, a $1,000.00 fine, or by such fine and imprisonment, and by the performance of community service in the form of graffiti cleanup to the maximum extent permitted by Penal Code § 594 and/or any other provision of law.

(b)

Additional penalties available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction:

(1)

Litter or graffiti cleanup pursuant to Vehicle Code § 42001.7, upon conviction of violation of Vehicle Code § 23111, 23112 or 23113(a).

(2)

Suspension or delay of issuance of a driver's license pursuant to Vehicle Code § 13202.6 upon a graffiti- vandalism conviction.

(3)

Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the city, as provided in Welfare and Institutions Code article 18.5 - Graffiti Removal and Damage Recovery Program (Welfare and Institutions Code § 742.10 et seq.).

(4)

Performance of community service, including graffiti removal service of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug-related offense in the city, as provided in Welfare and Institutions Code § 729.8.

(c)

It is the city's further intent that pursuant to Penal Code § 640.6(a), all acts of graffiti-vandalism occurring within the city shall be prosecuted as misdemeanors pursuant to Penal Code § 594 et seq., or this chapter.

(d)

Pursuant to Civil Code § 1714.1, any parent or legal guardian whose minor child is convicted of a violation of this chapter or who paints, chalks, or otherwise applies graffiti as prohibited by section 6.32.050, or who assists, aids or abets such graffiti application, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, 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 $25,000.00.

(Code 1969, § 6.32.080; Ord. No. 715, § 1(part), 1995)

(a)

The abatement and related administrative costs incurred by the city in abating any nuisance resulting from the defacement of property by graffiti or any other inscribed material shall be:

(1)

A personal obligation of any minor creating, causing or committing the nuisance;

(2)

A personal obligation of the parent or guardian having custody and control of that minor;

(3)

A special assessment against any parcel of land owned by that minor; and/or

(4)

A special assessment against any parcel of land owned by the parent or guardian having custody and control of that minor.

(b)

If the abatement and related administrative costs incurred by the city in abating any nuisance resulting from graffiti or any other inscribed material are to be imposed as a special assessment against a parcel of land owned by the minor or parent or guardian of the minor, the building official shall render an itemized report in writing to the city council showing such costs. A copy of said report, together with a notice of the time when said report shall be heard by the council for confirmation, shall be served upon the owner of the property which is to be so assessed at least five days prior to submitting the same to the city council. Proof of service shall be made by affidavit or declaration placed in the city file. The city council shall then impose a special assessment pursuant to subsection (a) of this section which assessment shall constitute a lien on real property owned by the minor or the parents or legal guardian of said minor or minors.

(c)

For purposes of this section, the following terms shall have the meanings set forth in this subsection:

Abatement and related administrative costs include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor.

Graffiti or other inscribed material means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

Minor means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Penal Code § 594, 594.3, 640.5, 640.6 or 640.7, or a minor convicted by final judgment of a violation of Penal Code § 594, 594.3, 640.5, 640.6 or 640.7, or a minor declared a ward of the juvenile court pursuant to Welfare and Institutions Code § 602 by reason of the commission of an act prohibited by Penal Code § 594, 594.5, 640.5, 640.6 or 640.7.

(d)

This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law.

(Code 1969, § 6.32.100; Ord. No. 715, § 1(part), 1995)