Chapter 8.36 — GRAFFITI ABATEMENT

The city council finds and declares as follows:

A.

Graffiti on public or private property is a condition of blight that not only depreciates the value of property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire community.

B.

Graffiti has also been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from a sense of community enjoyed by the residents of the city goes beyond the cost of cleanup

or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that citizens desire in their neighborhoods.

C.

Acts of graffiti are most often committed by persons under the age of 18 years using aerosol containers of spray paint and/or etching solution. Minors frequently steal these implements of graffiti from retail stores, and, as such, retail stores that display and/or sell these implements should be prohibited from selling them to minors and should be required to take reasonable steps to prevent their theft.

D.

Government Code § 38771 authorizes the city to declare what constitutes a nuisance. Government Code § 53069.3 further authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that the entire neighborhood is affected and becomes a less desirable place in which to be.

E.

It is the purpose and intent of the city council, through the adoption of this chapter, to provide enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on public and private property, walls, vehicles, and other structures. Such acts are destructive of the rights and values of private property owners as well as the entire community. It is the further intent of the city council, through the adoption of this chapter, to provide to all of those who disregard the property right of others that the city's police, code enforcement and public works departments, and the city attorney's office will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public or private properties.

(Ord. No. 579, § 2(8.36.010), 8-22-2022)

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:

A.

Adhesive label means any so-called bumper sticker, sheet of paper, fabric, or plastic, or other substance with an adhesive backing.

B.

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, undercoating, spray insulation, or other substance capable of defacing property.

C.

Etching solution means any product or compound manufactured for the purpose of permanently altering a glass surface.

D.

Felt-tip marker means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth of an inch and which contains an ink or other pigmented liquid.

E.

Graffiti means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on or otherwise affixed to or on any surface, regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

F.

Graffiti implement means an aerosol paint container, a felt-tip marker, gum label, paint stick, etching tool or solution capable of scarring glass, metal, concrete, wood, or other surface, adhesive label, or any other device capable of being used to leave a visible mark at least one-eighth of an inch in width upon any surface of any material.

G.

Paint stick means a device containing a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure, and, upon application, leaving a mark at least one-eighth of an inch in width.

H.

Structures means any structure as defined in the city's building code, and includes, but is not limited to, buildings, walls, fences, poles, signs, and cargo/shipping containers.

I.

Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails.

(Ord. No. 579, § 2(8.36.020), 8-22-2022)

A.

It is unlawful for any person, firm or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any aerosol paint container or etching solution without first obtaining bona fide evidence of majority and identity. As used in this section, the term "bona fide evidence of majority and identity" means any document evidencing the age and identity of any individual which has been issued by a federal, state or local governmental entity.

B.

It is unlawful for any person under the age of 18 years to purchase an aerosol paint container or etching solution.

C.

Every retailer or other business establishment selling or offering for sale in the city aerosol paint containers and/or etching solution shall store and maintain all such aerosol paint containers and etching solution in a place that is locked and secure, or which is otherwise made inaccessible to the public except upon request.

D.

Every retailer or other business establishment selling or offering for sale in this city aerosol paint containers and/or etching solution 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 is guilty of vandalism which is punishable by a fine, imprisonment or both."

E.

It is unlawful to sell, trade, give, exchange, or display for sale at any swap meet, flea market, open-air market, or yard sale any aerosol paint container or etching solution.

(Ord. No. 579, § 2(8.36.030), 8-22-2022)

A.

It is unlawful for any person to carry on themselves and in plain view to the public an aerosol paint container, or a container which contains paint or dye, or any writing instrument having a porous point, tip, or nib in excess of one-eighth of one inch in width at its widest point, or a glass etching tool/solution or similar device while in any posted public facility, park, playground, swimming pool or recreational area, other than a highway, street, alley or way, unless the person has first received valid authorization from the governmental entity which has jurisdiction over the public area. As used in this section, the term "posted" means a sign placed in a reasonable location or locations stating that it is a violation of this code to possess the above-referenced instruments and devices in such public facility, park, playground, swimming pool, or recreational area without valid authorization.

B.

It shall be unlawful and a misdemeanor for any person under the age of 18 years to have in their possession any instrument described hereinbelow while upon private property without the prior written consent of the owner of such property, or upon a public highway, street, alleyway, park, playground, swimming pool, public building or any area open to the public:

1.

Any aerosol paint container or other spray can containing anything other than a solution which can be removed by water after it dries;

2.

Any spray can tips, other than those affixed to a spray can, not meeting the description of subsection B.1 of this section;

3.

Any felt-tip marker containing anything other than a solution which can be removed with water after it dries;

4.

Any container holding anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes, and bottles and cans of such solutions; and

5.

Objects capable of etching glass or ceramic surfaces, including, but not limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and any solution capable of etching these surfaces when applied, including acids and etching baths.

C.

The provisions of this section shall not apply to any person under the age of 18 years attending or traveling to or from school, at which time the minor is enrolled, if the minor is participating in a class at the school which has a written requirement of the class for the possession of the implements or instruments described in this section. The burden of proof in any prosecution for a violation of this section shall be upon the minor student to establish enrollment in a class that requires the possession of the implements or instruments described in this section.

(Ord. No. 579, § 2(8.36.040), 8-22-2022)

It shall be unlawful and a misdemeanor for any person to apply graffiti to any building, structure, tree, shrub, curb, or vehicle located within the city. It shall also be unlawful and a misdemeanor for any person to apply or affix any adhesive label to any building, structure, tree, shrub, curb, or vehicle not owned or lawfully possessed by such person, or without advance authorization by the owner thereof.

(Ord. No. 579, § 2(8.36.050), 8-22-2022)

Pursuant to Civil Code § 1714.1(b), any act of willful misconduct of a minor which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device 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. The liability of each parent or guardian shall not exceed $37,100.00, or any future amount set by the California Judicial Council in accordance with Civil Code § 1714.1(c), for each such act of the minor.

(Ord. No. 579, § 2(8.36.060), 8-22-2022)

It is unlawful for the owner of any privately owned real property to permit graffiti or other unauthorized inscriptions to remain on any building, structure or other facility so as to be capable of being viewed by persons utilizing any public right-of-way in the city, such as a highway, street, road, parkway or alley; provided that the city administrator, or the administrator's designee, has given written notice to the owner to remove the graffiti within a period of three calendar days and such time period has elapsed without remedial action. For the purpose of this section, the term "remedial action" shall mean painting, washing, sandblasting, chemically treating, or otherwise obscuring the graffiti such as to blend the affected area with the surrounding structure or property.

(Ord. No. 579, § 2(8.36.070), 8-22-2022)

Upon a determination by the city administrator, or the administrator's designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the city shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the city shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal. The city shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the city under this section shall be in addition to all other remedies available under the provisions of this Code, including those related to the abatement of nuisances.

(Ord. No. 579, § 2(8.36.080), 8-22-2022)