Brea Municipal Code Ch. 8.16 Graffiti Prohibition and Removal

A. The City Council hereby specifically finds that graffiti on public or private property is a blighting factor which 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 city. Graffiti also has been found to be a means of identification utilized by gangs and its presence may encourage further gang related activities.

B. Cal. Gov't Code § 53069.3 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 entire neighborhoods are affected and become less desirable places in which to be.

C. It is the purpose and intent of the City Council, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total 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 rights of others, that the law enforcement agencies of the city, the Police Department and the District Attorney's Office, will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public and private properties.

(1961 Code, § 6.1; Ord. 939)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Aerosol paint container."

Any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

"Felt tip marker."

Any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth (€") inch or greater.

"Graffiti."

Any inscription, word, figure, or design that is marked, etched, scratched, scribed, drawn, painted, pasted or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the City Council to be a public nuisance.

"Graffiti implement."

An aerosol paint container, felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth (€") of an inch in width upon any surface.

(1961 Code, § 6.2; Ord. 939)

A. Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing.

B. Display requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any aerosol paint container or felt tip marker except in an area from which the public shall be securely precluded without employee assistance. Two (2) acceptable methods for displaying aerosol paint containers and felt tip markers for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of Cal. Penal Code § 594.1(c) by posting signs as described therein.

C. Storage requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers or felt tip markers shall store the same other than in either a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized adult representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner or authorized adult representative of the owner.

D. Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage, of any aerosol paint container or felt tip marker in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored aerosol paint container or felt tip marker in violation of the provisions of any of the Cal. Penal Code sections set forth in § 8.16.080.A.1.

(1961 Code, § 6.6; Ord. 939)

A. Right of city to require removal. It is unlawful for any person who is the owner, or who has primary responsibility for control, of private property or who has primary responsibility for the repair or maintenance of private property (responsible party hereinafter in this section), to permit said property to be defaced with graffiti for a period in excess of seven (7) days after service by city by first class mail of notice of same, unless said person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service by first class mail of notice of same.

B. Declaration of nuisance.

1. Graffiti as a nuisance. The City Council hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained.

2. Graffiti attracting surface as a nuisance. The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is hereby deemed to be a nuisance, and may be abated by the city's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in Chapter 15.212 of this code. Such modifications may include, but are not limited to: Retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of five hundred ($500) dollars, or at the cost of the city at the city's option, 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, expedient or efficient removal of graffiti therefrom.

C. Right of city to remove.

1. Use of public funds. Whenever the city becomes aware that graffiti is located on public or private property viewable from a public or quasi-public place within the city, the city shall be authorized in its discretion to use public funds for graffiti removal, or for repainting or repairing of said property. This section shall not authorize graffiti removal on, or the repainting or repairing of, property owned by another public entity without prior agreement. This section shall not authorize the repainting or repairing of any more extensive area than that where the graffiti is located, unless the city determines that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

2. Right of entry on private property.

a. Securing owner consent. Prior to entering upon private property or property owned by a public entity other than the city, for the purpose of removal of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property damage.

b. Failure to obtain owner consent. If a responsible party fails to remove the offending graffiti within the time herein specified, or if the city has requested consent to remove or paint over the graffiti and the responsible party has refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of Chapter 15.212 of this code, which procedures authorize the recovery of all costs incurred by the city in abating graffiti including the recordation of a lien as to affected property.

D. Ease of removal provisions.

1. Common utility colors and paint type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above surface metal fixtures which are installed or repainted after the effective date of this chapter, with a uniform paint type and color as directed by the city.

2. Conditions on encroachment permits. Encroachment permits issued by the city may be conditioned on, among other things, the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city; the immediate removal by the permittee of any graffiti; the right of the city to remove graffiti or to paint the encroaching object or structure; the permittee providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.

3. Conditions on discretionary approvals. In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this code, or other similar land use entitlements or development or design applications, the city may impose graffiti removal requirements, and any or all of the following conditions, or other similar or related conditions:

a. Use of anti-graffiti material. Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city, to such of the publicly viewable surfaces to be constructed on the site deemed by the city to be likely to attract graffiti (graffiti attracting surfaces).

b. Right of access to remove graffiti. Applicant shall grant in writing, the right of entry over and access to such parcels, upon forty-eight (48) hours' posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti on graffiti attracting surfaces previously designated by the city. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

c. Supply city with graffiti removal material. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces.

d. Owner to immediately remove graffiti. Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the city's satisfaction.

(1961 Code, § 6.7; Ord. 939)

A. Pursuant to Cal. Gov't Code, § 53069.5, the city reserves the right to offer a reward in an amount and as to such locations as may be set by resolution of the City Council, for information leading to the arrest and conviction of any person for violation, within the city, of Cal. Penal Code §§ 594 or 594.3 by the use of graffiti, Cal. Penal Code §§ 640, 640.5, 640.6. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to Cal. Welf. and Inst. Code, §§ 602 et seq., shall constitute a conviction.

B. Claims for rewards under this section shall be filed with the city and shall:

1. Specifically identify the date, location and kind of property damaged or destroyed.

2. Identify by name the person who was convicted.

3. Identify the court and the date upon which the conviction occurred.

4. Be in writing and filed within one hundred eighty (180) days of such conviction.

C. No claim for a reward shall be allowed by the City Council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Once the claim is verified and said determination is made, the reward shall be paid within the city's ordinary course of business.

D. The person committing the graffiti vandalism, and if an unemancipated minor, then the parent or lawful guardian of said minor shall be civilly liable for any reward paid pursuant to this section in accordance with the provisions of Cal. Gov't Code § 53069.5.

(1961 Code, § 6.8; Ord. 939)

The city shall reimburse to any person reporting by means of a cellular phone an act of graffiti vandalism presently occurring within the city, the amount of the actual phone charges, exclusive of taxes, incurred by said person.

(1961 Code, § 6.9; Ord. 939)