Blythe Municipal Code Ch. 18.01 Graffiti Prohibition, Prevention and Removal

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Editor's note— Ord. No. 906, § 1, adopted June 8, 2021, repealed the former Ch. 18.01, §§ 18.01.010—18.01.107, and enacted a new Ch. 18.01 as set out herein. The former Ch. 18.01 pertained to Graffiti and Vandalism Abatement and derived from Ord. No. 864, § 1, adopted Aug. 12, 2014.

The purpose of this chapter is to provide a program for the abatement of graffiti from public and private property to reduce blight and deterioration within the city, protect public safety, and provide for the expeditious removal of graffiti from structures on both public and private property. The city council finds and determines as follows:

A. The increase of graffiti, on both public and private property, is creating a condition within the city which results in blight and deterioration of property values and of the comfortable enjoyment of life and property for adjacent and surrounding residents and owners, and contributes to the overall detriment of the city.

B. Graffiti constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the city, and to prevent the further spread of graffiti.

C. Certain categories of graffiti that incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community.

The city council intends, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The city council does not intend for this chapter to conflict with any existing state laws relating to graffiti enforcement.

(Ord. No. 906, § 1, 6-8-21)

This chapter shall be interpreted as to work in conjunction with any and all applicable state and/or county ordinances relating to the control of graffiti and/or related vandalism, including, but not limited to, Sections 594, 594.1, 594.3, 640.5, 640.6 of the California Penal Code, Section 1714.1 of the California Civil Code, Section 53069.3 of the California Government Code and Riverside County Ordinance Nos. 704 and 733.

(Ord. No. 906, § 1, 6-8-21)

"Aerosol paint container" means any aerosol canister, can, bottle, or other receptacle which contains paint or any substance capable of defacing property, which is, and/or can be adapted or made to be pressurized in order to impel and/or propel any such substance.

"Broad-tipped marker" means any felt-tip indelible or permanent ink marker and/or any similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, which contains any ink or pigmented liquid that is not water soluble.

"City" means the city of Blythe.

"City council" means the city council of the city of Blythe.

"Continuously viewable" means within line of sight of an employee or store manager at all times during business hours. Continuously viewable shall include viewable via closed circuit security cameras.

"Director" means the director of public works of the city of Blythe or his/her designee.

"Etchers" mean any tool, device, and/or other mechanism including, but not limited to, any tool, device and/or other mechanism commonly known as "glass etchers," "metal etchers," "cutting instrument."

"Drill bits" means any instrument that can be applied by pressure or any other contact with any surface which can cause any permanent markings commonly known as graffiti or related vandalism (as defined in this section).

"Expense of abatement," "abatement expenses," "costs of abatement" and/or "abatement and related costs" includes, but is not limited to, court costs, attorneys' fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a defendant and his or her parents or guardians in a graffiti abatement program, disbursed reward money, and the law enforcement costs incurred by the city in identifying and apprehending the person who created, caused, or committed the graffiti on the publicly or privately owned real or personal property within the city.

"Graffiti and related vandalism" means any unauthorized inscription, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, marked, painted, stained, stuck on or adhered to any surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or any other structures or surfaces, regardless of the material of the component.

"Graffiti implements" or "paraphernalia" means any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels, also including, but not limited to, tips (or nozzles) which can be applied to aerosol paint containers, any record or chronicle of graffiti or related vandalism including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms or graffiti or related vandalism (as described in this section).

"Gum label" means any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known as an adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labels.

"Paint balloon" means any canister, can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as, but not limited to, latex, plastic, rubber, paper, glass or other material which contains any substance commonly known as paint, stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private, upon impact or contact of any surface including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces regardless of the material of the component.

"Paint stick/graffiti stick" means any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by applying pressure in such a way as to leave any visible mark thereon.

"Responsible person" means any person who owns, controls, or possesses property or who has primary responsibility for the repair or maintenance of property.

"Stamp" or "stamping device" means any tool, device or implement which can cause upon impact or contact any mark (described as graffiti or related vandalism in this section) by means or ink, paint, stain or any other substance or material including, but not limited to, any device commonly known as a rubber stamp or similar device (whether manufactured, handmade or devised) for the purpose of defacing property, public or private.

"Supplier" means any person(s) or entity such as, but not limited to, any business, company, co-op, corporation, enterprise, manufacturer, organization, partnership, proprietor, retail or wholesale store or outlet which sells, trades, donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements.

(Ord. No. 906, § 1, 6-8-21)

The existence of graffiti within city limits is declared to be a public nuisance and may be abated according to the provisions of this chapter and any means authorized by law.

(Ord. No. 906, § 1, 6-8-21)

A. Defacement.

1. It shall be unlawful for any person or group of persons to apply graffiti to any surface on any public or privately owned real or personal property within the city.

2. It shall further be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet, or agree to aid or abet another person to plan to apply graffiti, including but not limited to, acting as a "lookout."

B. Sale and Possession.

1. Implement Possession. It shall be unlawful for any person to have in his or her possession any graffiti implement with the intent to apply graffiti, while upon public or private property.

2. Implement Possession by Minors. It shall be unlawful for any person under the age of eighteen years to have in his or her possession any graffiti implement while upon public property, or upon private property, without the prior written consent of the owner of such private property. The foregoing prohibition shall not apply while the person is attending or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use any graffiti implement.

3. Sale of Graffiti Implements to Minors Prohibited. It shall be unlawful for any person, other than a parent or guardian, to knowingly sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to anyone under the age of eighteen years.

4. Proper Identification Presented Prior to Sale. No person shall sell any pressurized can containing paint or dye, marking pens, adhesive stickers, etchers or any other graffiti implement without first obtaining bona fide evidence of majority and identity from the purchaser.

(Ord. No. 906, § 1, 6-8-21)

A. Restricted Access. Aerosol paint containers and actuators shall not be accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such supplies.

B. Continuously Viewable Implements.

1. Every person who owns, conducts, operates or manages a retail commercial establishment selling paint sticks, marking pens, or etching creams shall store or cause such supplies to be stored in an area continuously viewable by store employees.

2. Etching Tools. Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bits, glass cutters, grinding stones, awls, chisels or carbide scribes, or other similar implement shall store or cause such items to be stored in an area continuously viewable by store employees.

C. Customer Signage. Every retail commercial establishment selling graffiti implements shall post signage that complies with the requirements of Penal Code Section 594.1.

D. Additional Signage. Every retail commercial establishment selling graffiti implements shall place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Pursuant to Blythe Municipal Code, Title 18, Chapter 18,01, Section 18.01.050, selling graffiti implements to persons less than eighteen years of age is against the law and punishable by six months in jail and/or a fine of $1,000."

E. Merchandise Inventory. Upon request of a city police officer or code enforcement officer, any person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall provide copies of any merchandise inventory that relates to graffiti implements.

(Ord. No. 906, § 1, 6-8-21)

A. Any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail, a fine not to exceed one thousand dollars, or both such fine and imprisonment, and by the performance of community service to the maximum extent permitted by California Penal Code Section 594 and/or any other provision of law.

B. In lieu of, or in addition to the penalties available for misdemeanors under California law and this code, whenever deemed appropriate by the prosecuting attorney, the city may petition a sentencing court to impose any or all of the following additional penalties for a minor or adult who is convicted of or pleads guilty or nolo contendere to graffiti violations:

1. Order the minor or adult to perform not less than forty hours of community service.

2. Order the minor or adult to clean-up, repair, or replace the damaged property himself or herself, or order the minor or adult, and his or her parents or guardians if the person is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year as set forth in California Penal Code Section 594(c).

(Ord. No. 906, § 1, 6-8-21)

A. Violation of Section 18.01.050 of this chapter may be punished as a misdemeanor offense or by the issuance of an administrative citation in accordance with Chapter 1.26 of this code.

B. The administrative fine for an administrative citation issued for violation of Section 18.01.050(A) of this chapter shall be as follows:

1. An administrative fine of one thousand dollars for the first violation in any one-year period;

2. An administrative fine of one thousand five hundred dollars for the second violation in any one-year period; and

3. An administrative fine of two thousand dollars for the third and each subsequent violation in any one-year period.

(Ord. No. 906, § 1, 6-8-21)

A. Pursuant to Government Code Section 53069.3, the city manager is authorized to use public funds, if necessary, for graffiti removal on public and private property as part of a graffiti removal and prevention program. Such program shall provide for the removal of graffiti or painting or repairing of graffiti-damaged property.

B. The program established hereunder shall not authorize or undertake to provide for the painting or repair of any more extensive an area than where graffiti is located on any property, unless the city manager, or designee, finds and declares in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, and the responsible person agrees to pay for the costs of repainting or repairing the more extensive area.

C. The program established hereunder may include, but shall not be limited to, use of city employees, volunteers, and persons performing court-ordered community service. The city may also contract for the performance of graffiti removal services where necessary.

D. The Blythe police department may promulgate procedures for pre-removal preservation of sufficient evidence of the graffiti for criminal prosecutions or proceedings pursuant to Section 602 of the Welfare and Institutions Code pertaining to the person or persons who inscribed the graffiti. These procedures shall be followed by the city prior to or during removal of the graffiti.

E. The program shall also include a long-term program to minimize the presence of or the creation of new graffiti-attracting surfaces within the city.

F. It is recognized that it may not be possible, given available resources, to eliminate graffiti from property within the city; nevertheless, the city shall make all feasible efforts to do so under the graffiti removal and prevention program.

(Ord. No. 906, § 1, 6-8-21)

A. Removal by Responsible Party. A person who is the owner or who has primary responsibility for control of property or primary responsibility for the repair or maintenance of property that is defaced with graffiti shall remove or cause the removal of such graffiti within ten days after notice of same, or shall make arrangements with the city for the city to cause such removal in accordance with the requirements of this section.

B. Right of City to Remove with Owner's Consent. Whenever the city manager or his/her designated representative determines that graffiti is so located on public or private property within the city so as to be capable of being viewed by persons utilizing any public right-of-way in the city, the city manager or his/her 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 or repair shall be limited to the minimum necessary to properly restore the defaced area;

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 written consent of the public entity having jurisdiction over the structure;

3. Where a structure is privately owned, the removal of the 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 a release of the city from liability, on a form approved by the city attorney.

4. City staff shall follow the procedures promulgated by the police department relating to preservation of evidence prior to or during removal of the graffiti.

C. Abatement and Cost Recovery Proceedings Following Failure to Obtain Owner's Consent. If a responsible party fails to remove or cause the removal of the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure.

1. Notice and Conduct of Due Process Hearing. The city manager, or his/her designee, ("hearing officer") shall give not less than forty-eight hours notice, served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (if the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof, in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062) to the responsible party or parties who are responsible for the maintenance of a parcel of property containing graffiti, and, if a different person is the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner also, of a due process hearing at which said responsible party and owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the hearing officer may be appealed to the city council. If, after the due process hearing, regardless of the attendance of the responsible party, owner, or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place or public right-of-way, the hearing officer shall give written notice ("eradication order") that, unless the graffiti is removed within five days thereafter, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer) or such other eradication thereof ("eradication effort") as the hearing officer determines appropriate, and shall provide the responsible party and owner thereafter with an accounting of the costs of such eradication effort on a full cost recovery basis.

2. Eradication Effort. Not sooner than the time specified in the order of the hearing officer, the city manager, or his/her designee, shall implement the eradication order, and shall provide an accounting to the responsible party, and as appropriate, the owner, of the costs thereof ("eradication accounting").

3. Cost Hearing. If the responsible party or owner fails to request a hearing before the hearing officer on the eradication accounting ("cost hearing"), or, if requested, a cost hearing is conducted after extending due process to the responsible party and, as appropriate, the owner, after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer ("assessed eradication charges") shall be due and payable by the responsible party within thirty days. If payment is not made within thirty days, the payment shall be deemed delinquent and shall be subject to a penalty assessment of one hundred dollars plus interest on the unpaid amount, which interest shall accrue at the rate of one and one-half percent per month until paid or as otherwise allowed by law. Any amount of assessed eradication charges assessed by the hearing officer which are less than the total amount set forth in the eradication accounting shall be explained by written letter from the hearing officer to the city council.

4. Special Assessment. As to such property where the responsible party is the owner, if all or any portion of the assessed eradication charges remain unpaid after ninety days, pursuant to the authority created by law, including Government Code Section 38773, et seq., such portion thereof as shall remain unpaid shall constitute and is hereby declared to constitute a special assessment on the property which was the subject matter of the eradication effort. The special assessment procedure shall be as set forth in Section 18.01.140 of this chapter.

D. Graffiti-Attracting Surface as a Nuisance. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in twelve months by the city at its expense is a public and private nuisance, and may be abated by modifications to the structure or surface, or to the immediate surrounding area. The structure or surface may be required to be retrofitted, at the cost of the property owner, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. The owner of such a property shall either make the modifications him/herself, or he/she shall permit the city to enter upon the property and to make the modifications and shall be responsible for the costs of such modifications.

E. Utility Fixtures and Equipment as Graffiti-Attracting Surfaces. All utility fixtures and equipment with above-surface features are hereby declared to be graffiti-attracting surfaces and shall be constructed of, painted or otherwise treated with anti-graffiti materials, including, but not limited to, graffiti resistant paints or finishes. Graffiti on utility fixtures and equipment shall be removed by the utility company within forty-eight hours of being reported to the utility.

(Ord. No. 906, § 1, 6-8-21)

It is unlawful for any person to assist, aid, abet, allow, permit or encourage another to violate any provision of this article, by word, overt act, failure to act or by lack of supervision and control over minors.

A. Pursuant to California Civil Code Section 1714.1(b), where graffiti is applied by an unemancipated minor as the result of the willful misconduct of said minor, the parent(s) or legal guardian(s) of said minor shall be jointly and severally liable, with such minor, for payment of civil damages resulting from the misconduct of the minor. The amount of such liability shall not exceed forty-five thousand dollars for each such offense or any higher amount authorized by California Civil Code Section 1714.1(b). Such civil damages shall include, but are not limited to, the city's costs of abatement. The parent(s) or legal guardian(s) of said minor shall also be civilly liable for any reward paid pursuant to this chapter or other applicable law.

B. The liability set forth in subsection (A) above shall be a personal obligation of each parent or guardian and shall constitute a special assessment on property owned by each parent or guardian as set forth in this chapter. The special assessment procedure shall be as set forth in Section 18.01.140 of this chapter.

C. Pursuant to and in accordance with Government Code Sections 38772, 38773.2 and 38773.6, parent(s) or guardian(s) having custody and control of the unemancipated minor shall be jointly and severally liable with the minor for the city's expense of abatement when such joint and several liability is applicable. If payment is not made within thirty days from the date of the accounting and a demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of one hundred dollars plus interest on the unpaid amount, which interest shall accrue at the rate of one and one-half percent per month until paid or as otherwise allowed by law.

D. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided in this chapter.

E. The city is authorized to initiate legal action to enforce this chapter or to recover such costs by any means allowed by law, including, but not limited to wage garnishments or levy on personal bank accounts of the parent, minor or other person.

(Ord. No. 906, § 1, 6-8-21)

A. Pursuant to Government Code Section 38772, any person who places graffiti on any city property, public property, public place or privately owned structure, building or property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all expenses of abatement, and any additional liability or penalties imposed by this chapter. Such liability shall be a personal obligation and shall constitute a special assessment on property owned by such person in accordance with this chapter.

B. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided in this article.

C. The city is authorized to initiate legal action to enforce this chapter or to recover such costs by any means allowed by law, including, but not limited to wage garnishments or levy on personal bank accounts of the parent, minor or other person.

(Ord. No. 906, § 1, 6-8-21)

Liability of a minor or any other person for placement of graffiti constituting a public nuisance may be determined by any confession or admission, or any guilty plea, nolo contender plea or conviction regarding any violation of the Penal Code or this code relating to graffiti or any other federal, state or local law relating to graffiti. The amount of such liability shall be the city's costs of abatement as defined in this chapter and any additional liability or penalties imposed by this chapter.

(Ord. No. 906, § 1, 6-8-21)

In accordance with Government Code Sections 38773.5 and 38773.6, the city council hereby establishes the following procedure to collect abatement and related administrative costs, to make the costs of abatement a special assessment against real property owned by a responsible party or owned by the minor or other person responsible for the defacement of the property of another by graffiti or other inscribed material, or by the parent or guardian having custody and control of such minor.

A. Upon determination by the city manager or his or her designee that the assessed eradication charges or expense of abatement has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his or her designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his or designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.

B. The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (city of Blythe), the date of the order or other notice describing the graffiti-related nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.

C. A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after three years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

D. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

E. The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.

F. The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

G. The resolution adopted by the city council under this section shall be entitled to recordation.

(Ord. No. 906, § 1, 6-8-21)

A. Pursuant to Section 53069.5 of the Government Code, the police chief is authorized to offer a reward of up to five hundred dollars for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 or Section 18.01.050 of this code. In the event of multiple contributors of information for a single violation, the reward amount shall be divided by the city in the manner deemed appropriate by the police chief. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

B. Claims for rewards under this section shall be filed, processed, and paid in accordance with procedures established by the police chief.

C. The person convicted of committing the graffiti offense shall be liable for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the parent or guardian of the minor shall be jointly and severally liable for any rewards paid pursuant to this section.

(Ord. No. 906, § 1, 6-8-21)

If any portion, provision, section, paragraph, sentence or word of this chapter is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the ordinance.

(Ord. No. 906, § 1, 6-8-21)