Chino Hills Municipal Code Ch. 9.08 Graffiti

For the purposes of this chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye, shoe polish, or other similar substances or the scratching, etching, carving, or other marking on public or private buildings, structures, or places.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.36.010 et seq. and Section 9.08.070 of this code, for any person to paint, chalk, scratch, etch, carve, mark, or otherwise apply graffiti on public or privately owned structures, fixtures, or landscaping located on public or privately owned property within the city.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

The following regulation shall apply to the sale and possession of pressurized paint cans in the city:

A. No person shall sell any pressurized can containing any substance commonly known as paint or dye 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, (hereinafter "marker pens"), to anyone under the age of eighteen (18) years and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye or any marker pens.

B. No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool, or recreational facility in the city. This section shall not apply to authorized employees of the city, or an individual or authorized employee of any individual, agency, public utility, or company under contract with the city; or any individual, authorized employee, or contractor of another governmental entity while in the performance of official duties for such governmental entity within the city.

C. Every person who owns, conducts, operates, or manages a retail commercial establishment selling pressurized paint or dye or selling marker pens shall store or cause to be stored such pressurized paint or dye or marker pens in a secure area not accessible to the public in the regular course of business without assistance from an employee of the establishment. Such pressurized paint or dye or marker pens shall be stored in accordance with the provisions of this section pending the legal sale or disposition of such pressurized paint or dye or marker pens.

D. It is unlawful and a misdemeanor for any person to violate subsections A, B, or C above which shall subject the violator to punishment in accordance with Section 1.36.010 et seq. of this code.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

Graffiti may be removed by any of the following methods:

A. Any person who applies graffiti within the city shall have the duty to remove such graffiti within twenty-four (24) hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove such graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by anyone under the age of eighteen (18) years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment therefor.

B. The City Council authorizes the Director of Public Works/City Engineer/designee to remove graffiti or other inscribed material from any and all structures owned or maintained by the city.

C. Whenever the Director of Community Development/designee determines that graffiti is located on public or privately owned structures on public or privately owned real property within the city, so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the Director/designee is authorized to provide for the removal of such graffiti at the city's sole 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 of a more extensive area than necessary to remove such graffiti shall not be authorized;

2. When 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 which owns the structure; and

3. Where a structure is privately owned, the removal of the graffiti by city or by a private contractor under the direction of the city, may be authorized only after securing the consent of the owner.

D. Graffiti located on privately or publicly owned structures on privately or publicly owned real property within the city, so as to be capable of being viewed by a person utilizing any public right-of-way in the city, may be removed by the city as a public nuisance, at the owner's expense, pursuant to the following provisions:

1. Whenever the Director is apprised of the presence of graffiti located on privately owned structures on privately owned real property within the city, or when the Director is apprised of the presence of graffiti located on publicly owned structures on publicly owned real property located within the city to the extent the city has exclusive or concurrent jurisdiction over such structures or property, the Director may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll, by depositing a copy of such notice with the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have five days after the date appearing on the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property;

2. The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as ___________ [street address or other location, Chino Hills, California, within five (5) days after the date appearing on this notice. Said graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the pubic nuisance by removal or painting over of the graffiti. The cost of the abatement by the City or its private contractors will be assessed against your property and such costs will constitute a lien upon the land until paid.

All persons having any objections to, or interest in said matters are hereby notified to submit any objections or comments to the Director of Community Development for the City of Chino Hills or his/her designated representative within five (5) days from the date appearing on this notice. At the conclusion of this five (5) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

3. The service of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk;

4. If any objections are submitted to the Director within five days after the date appearing on the notice of intent to remove graffiti, the Director shall schedule a hearing on the matter, which shall follow the procedures set forth in Sections 8.12.070 through 8.12.090;

5. The cost of abatement by the city shall be recovered pursuant to Section 8.12.120 of this chapter.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

The City Council may, by resolution, establish a reward for information leading to the identification, apprehension, and conviction of any person who places graffiti upon any public or private property in the city. Such resolution may require that the convicted offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law or correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this chapter.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

A. In addition to the penalties set for Section 1.36.010 et seq. of this code, any person convicted of a violation of this chapter shall be subject as a condition of any probation or other court ordered disposition of the conviction to two-hundred (200) hours of community service at times other than the violator's school attendance hours or employment to be performed in the city removing graffiti. Upon conviction of a violation of this chapter, the violator shall also be subject to payment of the city's costs in abating graffiti which formed the basis of the conviction and to reimbursement of the city's costs in supervising the violator's community service.

B. In the event the violator convicted of a violation of this chapter is a minor and such minor is unable to pay the fines and penalties imposed for such violation, the parent, guardian, or other responsible adult shall be liable for the payment of the fine and penalty except upon a finding of the court with good cause shown. Fines and penalties imposed in this chapter shall be credited to the city and shall be used for the removal of graffiti.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)