9.12 — GRAFFITI

The purpose of this chapter is to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on both public and private buildings, structures, or places causes blight within the City which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated to avoid the detrimental impact of graffiti on the City and to prevent the further spread of graffiti. California Government Code Section 53069.3 permits the use of City funds to remove graffiti from public or privately-owned permanent structures located on public or privately owned real property in the City. (Prior code § 3-3.20)

"Graffiti" shall mean any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface of public or private buildings, structures, and places.

"Graffiti implement" shall mean a marking pen with a tip exceeding four millimeters in width containing anything other than a solution which can be removed with water after it dries; a paint stick; any spray container containing any fluid which will leave a permanent mark after it dries, other than an aerosol container of paint; or a deodorant stick, or a deodorant roll-on, which has been modified with an opaque colorant.

"Lot" shall mean a lot, parcel, tract, premises, or piece of land, improved, or unimproved, in the City.

"Owner" as used in this chapter, shall mean any person so designated on the last equalized assessment roll, and also any person having, or claiming to have, any legal, or equitable, interest in the premises.

(Prior code § 3-3.20.1)

The existence upon any lot of graffiti is expressly declared to be a public nuisance, and it shall be the duty of both the owner of the lot, and any person who may be in possession, or who has a right to such possession, to at all times keep such lot clean and free from graffiti. (Prior code § 3-3.20.4)

Graffiti may be removed by any of the following methods:

• A. Any person applying graffiti within the City shall have the duty to remove the same within 24 hours after notice by the City or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this section. Where graffiti is applied by an unemancipated minor, the minor's parent(s) or legal guardian(s) shall be responsible for such removal or for the payment thereof.

• B. Whenever the City Manager, or designated representative, determines that graffiti is so located on public or privately-owned 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 rightof-way in this City, the City Manager, or designated representative, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:

  1. In removing the graffiti, the painting and/or repair of an area more extensive than where the graffiti is located shall not be authorized, except where; a) the structure or property is City-owned and the City Manager, or designee, determines that a more extensive area is to be repainted and/or repaired; b) the private property owner, or other public entity owner, agrees to pay for the costs of repainting and/or repairing a more extensive area; or c) the structure or property is privately owned and the more extensive area includes previous locations of graffiti that have been painted and/or repaired by the City and/or private property owner creating a "patchwork" effect and thereby is deemed in need of repaint or repair by the City Manager or designee.

  2. Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure and release of the City from liability.

  3. When a structure is privately owned, the removal of graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the written consent of the owner and release of the City from liability.

• C. At the City's option, or if a private property owner's consent cannot be obtained, graffiti which is located on privately owned permanent structures on privately owned real property within the City and which can be viewed by a person utilizing any public right-of-way in the City may be removed by the City at the owner's expense as a public nuisance pursuant to the provisions of Chapter 8.36.

(Prior code § 3-3.20.5; Ord. 1151 § 3, 11/26/07)

Pursuant to California Government Code Section 53069.5, the City Council may, by resolution, establish a reward for information leading to the identification, apprehension or conviction of any person who places graffiti upon any public or private property in the City. In the event of damage to public property, said resolution may require that the convicted offender reimburse the City for any reward paid, and may place responsibility for reimbursement of such reward upon the parent(s) or legal guardian(s) of any unemancipated minor so convicted. (Prior code § 3-3.20.6)

• A. On and after July 12, 1993, every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, or paint sticks, shall store or cause such aerosol containers, marker pens or paint sticks 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 marker pens, paint containers or paint sticks.

• B. Any business or establishment offering for sale to the public aerosol paint containers of six ounces or less shall keep, store and maintain such aerosol paint containers in a place that is locked and secure or otherwise made unavailable to the public.

• (Prior code §§ 3-3.20.7 and 5-13.1)