Chino Municipal Code Ch. 8.28 Regulation of Aerosol Containers, Markers and Etching Tools

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Editor's note— Ord. 2019-011, § 1, adopted Aug 7, 2019, amended chapter 8.28 in its entirety to read as herein set out. Former chapter 8.28, §§ 8.28.010—8.28.100, pertained to similar subject matter, and derived from Ord. 93-09, § 2(part), adopted 1993; Ord. 93-14, § 1, 2, adopted 1993; and Ord. 2002-01, § 1(part), adopted 2002.

The city council finds that there is a current and immediate threat to the public health, safety and welfare in that local property owners and public facilities are experiencing a dramatic increase in graffiti which is costly to remove and creates a negative image of the city. Neither the city nor private property owners have sufficient resources to constantly remove the graffiti and the measures contained in this chapter are necessary to reduce the negative impact of increased graffiti.

(Ord. 2019-011, § 1, 2019.)

Whenever the following words and phrases are used in this chapter, they shall have the following meanings ascribed to them:

"Adhesive stickers" means any sticker, used as an adhesive device to affix stickers commonly referred to as "Slap Tags," to a stationary or free-standing structure(s), any such adhesive device having the ability to write on the face of the adhesive device prior to, or after the adhesive device is affixed.

"Aerosol paint container" means any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be pressurized in order to propel any such substance.

"Bona fide evidence of majority and identity" means any document evidencing the age and identity of an individual which has been issued by a federal, state or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued by a member of the armed forces.

"Etching tool" means any tool, device and/or other mechanism including, but not limited to, glass etchers, metal etchers, cutting instruments, drill bits or any other instrument that is capable of permanently scratching or otherwise marking any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface.

"Graffiti" 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 by any means whatsoever, to any surface whether publicly or privately owned, including, but not limited to, trees, signs, mailboxes, poles, fixtures, utility boxes, trash containers, walls, windows, roofs, paths, fences, walks, streets or pavement, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the interior or exterior of any other structure or surface. The term "graffiti" shall include the commonly used term "tagging" and those two terms shall be interchangeable as used in this chapter.

"Graffiti implement" means any implement used for graffiti including, but not limited to adhesive stickers, aerosol paint containers, etchers, markers and paint stick.

"Inaccessible to the public" means that the items prohibited from display or sale to minors under this chapter are stored in areas from which customers are excluded and which are under the exclusive domain of authorized employees of the person, firm or corporation making said items available for sale to the public.

"Markers" means any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which cannot be easily and/or completely removed with water after said substance has dried, and which at its broadest width is greater than one-eighth inch or which leaves a mark of at least one-eighth inch. This definition excludes felt tip markers that merely highlight or accentuate existing media.

"Minor" means any person under the age of eighteen years old.

"Paint 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, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark, which at its broadest width is greater than one-eighth inch or which leaves a mark of at least one-eighth inch.

(Ord. 2019-011, § 1, 2019.)

No person shall place or cause to be placed graffiti on any public or privately-owned property, building or structure, including natural and manmade objects, within the city.

(Ord. 2019-011, § 1, 2019.)

It is unlawful for any person, firm or corporation to display the sale of any aerosol paint container or any marker or etching tool, as defined in this chapter, unless said items are displayed in locked cabinets which are accessible to designated employees or unless the display is limited to empty aerosol paint containers.

(Ord. 2019-011, § 1, 2019.)

Every person, firm or corporation displaying the sale of any aerosol paint container, felt tip marker or etching tool, as defined in this chapter, shall store such items in a place that is locked or inaccessible to the public.

(Ord. 2019-011, § 1, 2019.)

It is unlawful for any person, firm or corporation to sell or give or in any way furnish to another person who is in fact under the age of eighteen, any marker or etching tool, as defined in this chapter, without first obtaining bona fide evidence of majority and identity.

(Ord. 2019-011, § 1, 2019.)

It is unlawful for any person under the age of eighteen years to purchase any aerosol paint container, marker or etching tool, as defined in this chapter.

(Ord. 2019-011, § 1, 2019.)

It is unlawful for any person to possess any aerosol paint container containing any substance commonly known as paint or dye, or etching tool, as defined in this chapter, while in any public park, building, playground, swimming pool, or recreational facility in the city. This section shall not apply to authorized employees and agents of the city; or to any individual or authorized employee of any individual, agency, public utility, or company under contract with the city; or to any individual, authorized employee, or contractor of another governmental entity while in the performance of official duties for said governmental entity within the city.

(Ord. 2019-011, § 1, 2019.)

A violation of this chapter constitutes a public nuisance, and may be abated by any means authorized by law.

(Ord. 2019-011, § 1, 2019.)

Liability of a minor or of any other person for placement of graffiti may be determined by any confession or admission, or any guilty plea, nolo contendere plea, or conviction regarding any violation of the Penal Code relating to graffiti or any other federal, state or local graffiti law relating to graffiti.

(Ord. 2019-011, § 1, 2019.)

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 the same within twenty-four hours after notice by the city or the owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by anyone under the age of eighteen years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment for removal.

B. The director of public works or designee is authorized to remove graffiti or other inscribed material from any and all structures and property owned or maintained by the city.

C. Whenever the director of public works or designee determines that graffiti is located on property within the city and is within view of the public or adjoining properties, he or she is authorized to provide for the removal of the graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, after securing consent from the property owner.

D. If the city is unable to obtain the property owner's consent to remove the graffiti pursuant to subsection C of this section, the city may commence abatement and cost recovery proceedings pursuant to Chapter 8.50 of this code.

(Ord. 2019-011, § 1, 2019.)

Pursuant to California Civil Code section 1714.1(b) and Government Code section 38772, each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor and any civil or administrative enforcement, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian pursuant to Chapter 8.50 of this code. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking other remedies as provided herein.

(Ord. 2019-011, § 1, 2019.)

Pursuant to Government Code section 38772, any person who places graffiti on any public 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 and any civil or administrative enforcement, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person, with the exception that costs and fees incurred in any criminal abatement action shall not be recoverable. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to Chapter 8.50 of this code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law.

(Ord. 2019-011, § 1, 2019.)

A. Anyone who violates any provision of this chapter shall be guilty of a misdemeanor, punishable in accordance with section 1.12.010 of this code.

B. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have control and custody of a minor, who knowingly permits, or by insufficient control or supervision allows, a minor to violate the provision of this chapter, shall be guilty of a misdemeanor, punishable in accordance with section 1.12.010 of this code.

(Ord. 2019-011, § 1, 2019.)

Any person who places graffiti on any public or privately owned structure, building, or property, including natural and manmade objects within the city, shall be liable for a civil penalty not to exceed one thousand dollars for each violation. The civil penalty prescribed may be sought in addition to any other remedy, including administrative fines. The city is authorized to seek recovery by any means authorized by law. The parent or legal guardian having custody and control of the minor offender shall be jointly and severally liable with the minor.

(Ord. 2019-011, § 1, 2019.)

Upon entry of a second or subsequent civil or criminal judgment within a two year period finding an owner of property, minor or other person is responsible for a condition that may be abated in accordance with this chapter, the city shall be entitled to treble damages pursuant to Government Code section 38773.7.

(Ord. 2019-011, § 1, 2019.)

The city council may, in its sole discretion, by resolution, establish a reward for information leading up to the identification, apprehension and conviction of any person who places graffiti upon any public or private property within the city. Said 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. 2019-011, § 1, 2019.)

The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from commencing any other action or proceeding to enforce this chapter in addition to or as alternatives to the proceedings set forth herein.

(Ord. 2019-011, § 1, 2019.)