Colton Municipal Code Ch. 9.27 Graffiti

The City Council finds and determines that the writing, spraying, scratching, etching or otherwise affixing Graffiti or other inscribed Materials on public or privately owned real or Personal Property without the consent or Permission of the Owner is injurious to the public health, safety and welfare, for the Following reasons:

A. Graffiti Markings are often placed on real or Personal Property, or Structures or Components thereof, by gangs to indicate illicit control over certain locations or areas for purposes of criminal activity.

B. Graffiti Markings directly and indirectly encourage gang warfare, including drive-by shootings, and other Acts of violence that result in injuries and fatalities to gang members and innocent by-standers.

C. Graffiti Markings are destructive to public and Private Property and cause depreciation of Property values and depreciation in the value of adjacent and surrounding Properties.

D. Graffiti Markings result in blight and deterioration of Property and Business values in the community and lead to economic loss.

The City Council also finds it necessary to enlist Property Owners to actively engage in immediately removing Graffiti and preventing its spread. In the past, the City has provided unlimited, free Graffiti removal services. While this is a valuable service to Property Owners, the City Council recognizes that such actions do not encourage Property Owners to deal directly with the problem of Graffiti and formulate their own ideas, solutions and defense strategies to prevent its spread. In addition, as a result of the City's limited financial resources and resulting reductions in available staff and crews directly assigned to Graffiti removal, the City Council finds that it Must develop alternative approaches to prevent the spread of Graffiti in the City of Colton.

Therefore, the purposes of this chapter are: (1) to prohibit the defacement of public and Private Property with Graffiti and declare Graffiti to be a Public Nuisance; (2) prohibit the possession of Graffiti Implements by Minors; and (3) provide for the removal of Graffiti and the recovery of costs incurred by the City in such removal. By enacting the provisions contained herein, the City Council seeks to diminish the negative and undesirable impact of Graffiti and promote the health, safety and welfare of the citizens of the City of Colton.

(Ord. 0-07-06 § 1 (part), 2006)

For the purposes of this chapter, the Following terms Shall have the meanings provided in this section.

"Abatement Costs" means and includes, but Shall not be limited to, the City's costs incurred to remove Graffiti from public or private real or Personal Property, including, but not limited to, the City's staff and administrative costs, investigation costs, Attorney's Fees, Court costs and the costs of repair and replacement of the defaced real or Personal Property upon which Graffiti is placed.

"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 or other substance designed for or capable of defacing Property.

"City" means the City of Colton.

"City Manager" means the City Manager of the City of Colton or his or her Designee.

"Etching Cream" means any caustic cream, gel, liquid or solution designed for or capable by means of a chemical action of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

"Etching Tool" means an instrument, tool or device designed for commonly Used for marking, curing or defacing glass, and includes devices designed for marking surfaces and capable of marking glass.

"Felt Tip Marker" means any indelible marker or similar implement with a tip, which, at its broadest width, is greater than one-eighth inch, containing ink that is not water-soluble.

"Graffiti" means any inscription, word, figure, symbol, mark, or Design that is Written, marked, etched, scratched, drawn, inscribed, posted, painted or otherwise marked or affixed, including but not limited to stickers, on any public or private real or Personal Property such that it is visible from any public Right-of-Way or other Property.

"Graffiti Implement" means any Aerosol Paint Container, Etching Cream, an Etching Tool, a Felt Tip Marker, Graffiti Stick, or gum label designed for or capable of defacing a surface.

"Graffiti Stick" means a device containing a solid form of paint, chalk, wax, epoxy or similar substance designed for or capable of being applied to a surface by pressure, and upon Application, leaving a mark at least one-eighth of an inch in width and not water-soluble.

"Minor" means any unemancipated Person who is less than eighteen Years of age.

"Person" means an individual or firm, partnership, corporation or similar organization.

"RESPONSIBLE PARTY" means and includes the record Owner of public or Private Property (excluding Property owned by the City) or Property owned by public utilities or Railroad corporations located within the City; a Person with primary responsibility for control of such public or Private Property; and any Person with primary responsibility for the maintenance of such public or Private Property.

(Ord. 0-07-06 § 1 (part), 2006)

A. It is unlawful for any Person to maliciously write, paint, spray, scratch or otherwise affix or apply Graffiti on or in any public or private real or Personal Property, or any Structure or Component thereof within the City.

B. Any Graffiti placed or existing upon public or Private Property located within the City is declared to be a Public Nuisance. Graffiti not voluntarily removed as provided in this chapter May be abated as provided herein.

(Ord. 0-07-06 § 1 (part), 2006)

A. It is unlawful for a Minor to possess any Graffiti Implement while upon Public Property, in a public Right-of-Way, or near any type of public infrastructure, except as May be authorized by the City.

B. It is unlawful for a Minor to possess any Graffiti Implement while upon Private Property, except as May be authorized by the Property Owner.

C. It is unlawful for a Minor to have in his or her possession any Graffiti Implement, except for the Minor's Use under the supervision of the Minor's Parent, guardian, instructor or employer.

(Ord. 0-07-06 § 1 (part), 2006)

A. It is unlawful for any Person to have in his or her possession any Graffiti Implement while upon any real or Personal Property of the City, other than while traveling on public Highways, Streets, Alleys or ways, except as May be authorized by the City.

B. It is unlawful for any Person to have in his or her possession any Graffiti Implement while upon public or Private Property, except as May be authorized by the Owner of the Property.

(Ord. 0-07-06 § 1 (part), 2006)

It is 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 Written consent of the Minor's Parent or legal guardian.

(Ord. 0-07-06 § 1 (part), 2006)

No Person Shall display or store for Sale, trade or exchange, any such paint accessible to the public without Employee assistance. Two acceptable methods for display or storage Shall include the Following:

A. A completely enclosed storage device permanently affixed to a Building or fixture therein that Shall, at all times except during Access by authorized Employees, remain locked; or

B. Display or storage behind a Sales or service counter where the public May not enter.

(Ord. 0-07-06 § 1 (part), 2006)

A. Pursuant to California Government Code Section 53069.5, the City offers a reward of five hundred dollars for information leading to the arrest and conviction of any Person for Violation of California Penal Code Section 594 by the Use of Graffiti, not to exceed one thousand dollars per incident of Graffiti, for up to six Months after such conviction.

B. In the event of multiple contributors of information leading to such arrest and conviction, the City May divide the reward equally among the contributors.

C. A Written claim for reward under this section Shall be filed with the City Clerk. The City Manager Shall verify the accuracy of all claims and report to the City Council. A claim Shall be awarded only after City Council Approval of the City Manager's report. Each claim 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 rendering the conviction and the date of the conviction.

(Ord. 0-07-06 § 1 (part), 2006)

(Ord. No. O-02-10, § 1, 8-3-2010)

It is unlawful for a Parent or legal guardian having custody or control of a Minor to knowingly Permit, or by insufficient control allow, a Minor to possess a Graffiti Implement unless adult supervision to the Minor is provided.

(Ord. 0-07-06 § 1 (part), 2006)

Any Graffiti placed or existing upon public or private real or Personal Property located in the City is declared a Public Nuisance and May be removed as provided herein:

A. Any Person applying Graffiti within the City Shall have the duty to remove the Graffiti upon being provided twenty-four hours' Written Notice by the City or the public or private Owner of the real or Personal Property upon which the Graffiti was placed. Failure of any Person to so remove Graffiti Shall constitute an additional Violation of this chapter. Where Graffiti is applied by a Minor, the Parent(s) or legal guardian(s) Shall be responsible for such removal or for the payment of Abatement Costs for the removal of the Graffiti in accordance with this chapter.

B. Whenever the City Manager determines that Graffiti is so located on public or private real or Personal Property within the City, the City Manager is authorized, but not required, 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 of an area more extensive than where the Graffiti is located Shall not be authorized, except where the Structure or Property is City-owned and the City Manager determines that a more extensive area is to be repainted and repaired, or where the Private Property Owner, or other public entity, Utility company or Railroad corporation agrees to pay the costs of repainting or repairing a more extensive area.

2. Where the Structure or Property 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 having jurisdiction over the Property or Structure and release of the City from liability.

3. Where a Structure or Property is privately owned, the removal of 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 release of the City from liability.

4. The removal of Graffiti on Private Property by the City Shall be at the sole and absolute discretion of the City Manager and based upon available resources.

(Ord. 0-07-06 § 1 (part), 2006)

A. If a Private Property Owner's consent cannot be obtained or the Owner of the real or Personal Property upon which Graffiti has been placed has not removed the Graffiti or caused the removal of Graffiti within two calendar Days of its placement, then the City May remove and abate the Graffiti at the Owner's or other Responsible Party's expense pursuant to the Following procedures:

1. The City Manager Shall cause Written Notice to be served upon the Owner of the real or Personal Property upon which Graffiti has been placed, as such Owner's name and address appears on the latest equalized assessment roll. The Notice Shall be served in the same manner as a summons in a civil action in accordance with the requirements of the California Code of Civil Procedure. If the Owner or other Responsible Party cannot be found, then the Notice May be served by posting a Copy thereof in a conspicuous place upon the Property upon which the Graffiti has been placed and not removed for a period of ten Days and publication thereof in a newspaper of general circulation published in the City pursuant to California Government Code Section 6062. The failure of any Person to receive such Notice Shall not affect the validity of any proceeding hereunder. The Owner or Responsible Party Shall have two calendar Days after the date of service of the Notice to remove the Graffiti or be subject to City removal of the Graffiti and assessment of the Abatement Costs of such removal and a lien on the Property upon which the Graffiti was placed and not removed if the Abatement Costs are not paid.

2. The Notice Shall be on City letterhead in substantially the Following form:

"NOTICE OF INTENT TO REMOVE GRAFFITI

"NOTICE IS HEREBY GIVEN that you are required at your own expense to remove or paint over the Graffiti located on the Property commonly known as _______, Colton, California (Assessor Parcel No. _______) which is visible to public view within two (2) calendar Days after the date of this Notice. The Graffiti is visible to public view and therefore constitutes a Nuisance pursuant to Section 9.27.030 of the Colton Municipal Code. If you fail to comply with this Order, City Employees or private contractors under the direction of the City May enter your Property and abate the Public Nuisance by removing or painting over the Graffiti. The costs of abatement, including the labor, Materials, legal and other administrative costs associated with the removal of Graffiti on your Property, if not paid, will be assessed upon your Property and such costs will constitute a lien upon your Property until paid.

All Persons having any objections to, or interest in, said Matters are hereby notified to submit any objections to the City Manager within two (2) calendar Days of the date of this Notice.

At the conclusion of this two calendar (2) Day period, the City may, without prior Notice, obtain a Court Order to proceed with the abatement of the Graffiti on your Property at your expense. Any questions concerning this Notice should be directed to the Following: ___________."

3. Service of the Notice by the City Manager Shall be made on the Day the Notice is dated and by affidavit, the original of which Shall be filed with the City Clerk.

4. If any objections are submitted to the City Manager within two calendar Days after the date appearing on the Notice of intent to remove Graffiti, abatement of the Graffiti Shall be tolled and the City Manager Shall hold a hearing on the objections. If the City Manager overrules the objections, the Owner or other Responsible Party Shall have two calendar Days from the date of the Decision to remove the Graffiti. The Decision of the City Manager Shall be final.

5. If no objection is submitted during the two-Day period or if the objections are overruled Following a hearing, and if the Owner or other Responsible Party fails to remove or fails to cause the removal of Graffiti to be removed by the Designated date, or such continued date thereafter as the City Manager May authorize, then the City Manager May cause the Graffiti to be abated by City forces or private contract. The City or its private contractor Shall be Permitted to enter upon the Premises for such purpose upon authorization of a Court Order where required.

(Ord. 0-07-06 § 1 (part), 2006)

Should the City Manager be required to abate the Graffiti as set forth in Section 9.27.110 of this chapter, the City Manager Shall track and account for the Abatement Costs. The Owner or other Responsible Party Shall then be sent a Notice of the Abatement Costs and will be given thirty Days from the mailing of such Notice to pay the City for the full Abatement Costs. Nothing contained herein Shall be deemed to prevent the City Manager from granting a reasonable extension of time, upon showing good cause, to Permit the Owner or other Responsible Party to pay the Abatement Costs.

(Ord. 0-07-06 § 1 (part), 2006)

A. Should the Owner or other Responsible Party fail to pay the Abatement Costs within the time allotted, the City Manager Shall thereafter cause the collection of the Abatement Costs identified in the Notice as a Nuisance abatement lien in accordance with the procedure set forth in California Government Code Section 38773.2.

B. The Nuisance abatement lien authorized by this section Shall specify the amount of the lien (which Shall consist of the unpaid amount of the Abatement Costs); the name of the City (on whose behalf the lien is imposed); the date of the Notice of intent to remove Graffiti; the Street address, legal description, and Assessor's Parcel number of the Parcel on which the lien is imposed; and the name and address of the recorded Owner of the Parcel. The Notice of lien for purposes of this chapter Shall be in substantially the Following form:

"NOTICE OF LIEN

(CLAIM OF THE CITY OF COLTON)

Pursuant to California Government Code, Section 38773.2 and the authority of Chapter 9.27 of the Colton Municipal Code, the City Manager of the City of Colton did on or about the _______ Day of _______ 20___ cause the painting over or removal of Graffiti at the Premises hereinafter described in the _______, 20___ Order to Abate a Public Nuisance on said Real Property, and the City Council of the City of Colton did on the _______ Day of _______ 20___ assess the costs of such abatement upon the Real Property hereinafter described since the same has not been paid. Further, the City of Colton does hereby claim a lien for such Abatement Costs in the amount of said assessment, to wit, the sum of _______ dollars and _______ cents. This amount Shall be a lien upon said Real Property until paid in full and Discharged of record.

The Real Property hereinafter mentioned, and upon which a lien is claimed, is that certain Parcel of land in the City of Colton, County of San Bernardino, State of California more particularly described as follows:

[ADD LEGAL DESCRIPTION]

DATED this_______ Day of ________ 20___.

City of Colton, California"

C. The Nuisance abatement lien Shall be recorded in the County Recorder's Office and from the date of recordation, it Shall have the force and effect and priority of a judgment lien. If the Nuisance abatement lien is Discharged, released, or satisfied, either through payment or Foreclosure, Notice of the Discharge Shall be recorded by the City. The Nuisance abatement lien and the release of the lien Shall be indexed in the grantor-Grantee index. A Nuisance abatement lien May be satisfied through Foreclosure in an action brought by the City for a money judgment. The City May recover from the Property Owner any costs incurred regarding the processing and recording of the lien in the event the County Recorder's Office imposes a Fee upon the City for processing and recording the lien, and Shall provide Notice to the Property Owner as Part of its Foreclosure action to enforce the lien.

D. As an alternate lien abatement procedure to that procedure set forth in Government Code Section 38773.2, the City Council also establishes the Following optional abatement procedure resulting in a special assessment against a Parcel of land owned by a Property Owner upon which Graffiti has been placed and not removed. This optional assessment procedure is established pursuant to Government Code Section 38773.6. To establish an abatement assessment against land, the same procedural steps set forth in this section Shall be followed. However, the Notice of intent to abate Graffiti May be mailed by certified mail and Shall include a statement specifying that the Property May be sold after three Years by the Tax Collector for unpaid delinquent taxes. The Tax Collector's power of Sale Shall not be affected by the failure of the Property Owner to receive any Notice required by this chapter. Further, when the City Uses the alternate assessment procedures contained in this section, Attorney's Fees Shall be awarded to the prevailing Party, but only in circumstances when the City seeks recovery of its own Attorney's Fees. The assessment against land Shall be collected at the same time and in the same manner as municipal taxes.

(Ord. 0-07-06 § 1 (part), 2006)

Notwithstanding the City Manager's discretion to order the removal of Graffiti without cost to the Property Owner, the City Council may, by Resolution, establish a program and applicable charges to be charged to Property Owners ordered to abate Graffiti and who wish to contract with the City to send City crews to remove Graffiti existing on their real or Personal Property.

(Ord. 0-07-06 § 1 (part), 2006)

Pursuant to California Civil Code Section 1714.1(b), any Parent or legal guardian having custody or control of a Minor who knowingly Permits, or by insufficient control, allows the Minor to possess a Graffiti Implement without supervision thereof Shall by 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, including all Abatement Costs, Attorney's Fees and Court costs resulting from the civil prosecution of any claim for damages, not to exceed thirty-seven thousand dollars, pursuant to the amount set by the California Judicial Council in accordance with California Civil Code section 1714.1(c). The City, including the Colton Police Department, Shall be entitled to seek full cost recovery from the Parent or legal guardian of a Minor found to be guilty of violating any provision of this chapter.

(Ord. 0-07-06 § 1 (part), 2006)

(Ord. No. O-02-10, § 2, 8-3-2010)

A. Pursuant to California Penal Code Section 594, a Person convicted for acts of vandalism including defacing Property with Graffiti May be subject to additional punishment imposed by the Court. Such punishment imposed by the Court May include the Following:

1. If the amount of defacement, damage or destruction is four hundred dollars or more, vandalism is punishable by imprisonment for up to one Year, or by a fine of up to ten thousand dollars.

2. If the amount of defacement, damage or destruction is less than four hundred dollars, vandalism is punishable by imprisonment for up to one Year, or by a fine of up to one thousand dollars, or by both a fine and imprisonment.

3. If the amount of defacement, damage or destruction is less than four hundred dollars and the defendant has been previously convicted of vandalism or affixing Graffiti, the vandalism is punishable by imprisonment for up to one Year, or by a fine up to five thousand dollars, or by both a fine and imprisonment.

B. These remedies are in addition to any other costs incurred or recovered by the City, and payment of these costs Shall not in any way limit, preclude or restrict any other right, remedy or action otherwise available to the City.

(Ord. 0-07-06 § 1 (part), 2006)

(Ord. No. O-02-10, § 3, 8-3-2010)

A. Pursuant to California Government Code, Section 38772, the City May make the expense of the abatement of Graffiti committed by Minors: (1) a personal obligation of the Minor causing the Graffiti Nuisance and a personal obligation of the Parent or guardian having custody or control of the Minor; and (2) a lien against the Property of the Minor or a lien against the Property of the Parent or guardian having custody or control of the Minor. In accordance with California Government Code, Section 38772(c), the County Probation Officer Shall be requested to report the names and addresses of the Parent or guardian having custody and control of the responsible Minor to the City Clerk.

1. Should the City Manager be required to abate any Graffiti committed by a Minor, the City Manager Shall track and account for the Abatement Costs.

2. The Minor or Parent or guardian having custody of the Minor Shall then be sent a Notice of Abatement Costs and proposed lien. The Notice of Abatement Costs and proposed lien Shall be substantially similar to the Notice of lien required by Section 9.27.130 of this chapter. If the applicable Party desires to protest the lien, the Party May do so by requesting an informal hearing before the City Manager in writing within two calendar Days from receipt of the Notice of Abatement Costs and proposed lien. The City Manager Shall then render a final Decision on the lien in writing within five Days and mail it by first class mail to the Party. The affected Party Shall then have five calendar Days to Appeal the City Manager's Decision to the City Council. The Appeal Shall be in writing.

3. The proposed lien Shall be calendared for Approval and confirmation by the City Council, whether an Appeal has been filed or not.

4. The Notice of Abatement Costs and proposed lien Shall be served in the same manner as a summons in a civil action in accordance with the requirements of the California Code of Civil Procedure. At a minimum, the Notice of the Abatement Costs and proposed lien Shall be personally served on the Minor or Parent or guardian having custody and control of the Minor at least seven calendar Days prior to the City Council meeting. If after diligent search, the Minor, Parent or guardian, as the case May be, cannot be found, the Notice May then be served by: (i) posting a Copy of the Notice in a conspicuous place upon the Property owned by the applicable Party for a period of ten Days; and (ii) the Notice Shall be published in a newspaper by the City Clerk pursuant to Government Code Section 6062. Notice of the City Council consideration of the proposed adoption of the lien Shall be served by First Class U.S. mail.

5. The City Council Shall have the authority to adopt a Resolution confirming the lien, which, Following adoption, Shall be recorded by the City Clerk in the County Recorder's Office pursuant to Government Code Section 38773.2(c). From date of recording, the lien Shall have the force, effect and priority of a judgment lien. If the lien is Discharged, released, or satisfied, either through payment or Foreclosure, Notice of the Discharge Shall be recorded by the City. The lien and the release of the lien Shall be indexed in the grantor-Grantee index. A Nuisance abatement lien May be satisfied through Foreclosure in an action brought by the City. The City May also recover from the Minor, Parent or guardian of the Minor any costs incurred regarding the processing and recording of the lien in the event the County Recorder's Office imposes a Fee upon the City for processing and recording the lien, and Shall provide Notice to the Minor, Parent or Guardian of its Foreclosure action to enforce the lien.

6. Pursuant to Government Code Section 38773.2(d), the Resolution confirming the abatement lien Shall specify the amount of the lien; the name of the City (on whose behalf the lien is imposed); the date of the Abatement Order; the Street address, legal description, and Assessor's Parcel Number; and the name and address of the recorded Owner of the Parcel.

(Ord. 0-07-06 § 1 (part), 2006)

As an alternate abatement procedure to that procedure set forth in Section 9.27.170 of this chapter, the City Council also establishes the Following optional abatement procedure resulting in a special assessment against a Parcel of land owned by a Minor or other Person creating, causing, or committing Graffiti or the Parent or guardian of the Minor. This optional assessment procedure is established pursuant to Government Code Section 38773.6. To establish an abatement assessment against land, the same procedural steps set forth in Section 9.27.170 of this chapter Shall be followed. However, the Notice of Abatement Costs and proposed lien May be served by certified mail and Shall include a statement specifying that the Property May be sold after three Years by the Tax Collector for unpaid delinquent taxes. The Tax Collector's power of Sale Shall not be affected by the failure of the Minor, Parent or guardian to receive any Notice required by this chapter. Further, when the City Uses the alternate abatement procedures contained in this section, Attorney's Fees Shall be awarded to the prevailing Party, but only in circumstances when the City seeks recovery of its own Attorney's Fees. The assessment against land Shall be collected at the same time and in the same manner as municipal taxes.

(Ord. 0-07-06 § 1 (part), 2006)

A. Pursuant to Sections 8.12.010 through 8.12.130 of this Code, whenever a Peace Officer charged with the enforcement of any provision of this chapter determines that a Violation of this chapter has occurred, the Peace Officer Shall have the authority to issue an Administrative Citation to any Person responsible for the Violation, or in the case of a Minor, to such Minor's Parent or legal guardian having custody or control of the Minor.

B. Whenever a Peace Officer charged with the enforcement of this chapter determines that a Violation of this article has occurred, the Peace Officer May issue an Administrative Citation for each Violation found to have occurred.

C. The amount of administrative fines for Violations of this chapter of this Code and penalties for delinquent payment of such fines imposed pursuant to this chapter Shall be established by separate Resolution of the City Council.

D. The Parent or legal guardian having custody or control of the Minor who has violated this chapter Shall be jointly and severally liable with the Minor for the administrative fines and related costs.

E. Administrative fines Shall be a debt to the City and subject to all remedies for debt collection as allowed by Law. When the administrative fine is unpaid within the prescribed time, the amount of the fine and related administrative costs May be recorded as a lien upon the Property of the Person responsible for the Violation, or in the case of the Minor, to such Minor's Parent or legal guardian having custody or control of the Minor. The lien procedure Shall be similar to the procedure described in Section 9.27.170 of this chapter of this Code.

F. Violations of this chapter May also be cited as criminal misdemeanor Violations in accordance with Chapter 8.02 of this Code.

(Ord. No. O-02-10, § 4, 8-3-2010)

In approving Subdivision maps, Conditional Use Permits, Variances or other land Use entitlements, the City May impose any or all of the Following conditions for the purpose of controlling Graffiti:

A. Use of anti-Graffiti Materials on surfaces exposed to public view acceptable to the City Manager and kept on file at the Department of Community Development;

B. Use of Landscaping to screen or provide a barrier to surfaces prone to Graffiti;

C. Right of Access by City to remove Graffiti;

D. Applicant or Permittee Shall supply City with Graffiti removal Material on demand such as matching paint for a period of two Years from final Approval or Permit issuance;

E. Applicant or Permittee Shall immediately remove any Graffiti;

F. Applicant or Permittee Shall maintain extra paint matching the exterior portions of the Project, in order to paint over Graffiti.

(Ord. 0-07-06 § 1 (part), 2006)

In approving Encroachment Permits, the City May impose any or all of the Following conditions for the purpose of controlling Graffiti:

A. Use of anti-Graffiti Materials on surfaces exposed to public view acceptable to the City Manager and kept on file at the Department of Community Development;

B. Use of Landscaping to screen or provide a barrier to encroaching object;

C. The immediate removal by the Permittee of any Graffiti;

D. The right of the City to remove Graffiti or to paint the encroaching object to conceal Graffiti;

E. Applicant Shall provide the City with sufficient matching paint on demand for Use in painting the encroaching object to conceal Graffiti for the duration of the Permit.

(Ord. 0-07-06 § 1 (part), 2006)

Any Owner of an object, including but not limited to a Sign, Structure, Building, Wall or Part thereof, which has been defaced with Graffiti and required the City to remove the Graffiti more than three times in six Months, Shall Permit the City to enter upon his or her land for the purpose of retrofitting such surface with an anti-Graffiti coating at the Property Owner's expense to Permit more efficient or convenient removal of Graffiti.

(Ord. 0-07-06 § 1 (part), 2006)

A. Parental Civil Liability. In addition to the administrative and other penalties identified in this chapter, a Parent or legal guardian of a Minor May be held liable in a civil proceeding for damages to public or Private Property, including Attorney's Fees and Court costs, incurred as a result of such Minor violating any provision of this chapter. The Parent or guardian having custody and control of a Minor who has violated this chapter Shall be jointly and severally liable with the Minor.

B. General Civil Liability. In addition to the administrative and other penalties identified in this chapter, any Person May be held liable in a civil proceeding for damages to public or Private Property, including Attorney's Fees and Court costs, incurred as a result of such Person violating any provision of this chapter.

C. Criminal Penalties. In addition to the administrative and other penalties identified in this chapter, Violation of any of the provisions of this chapter is a misdemeanor subject to the penalties prescribed by California Penal Code Section 594. Any Person convicted of Violation of the provisions of this chapter who is granted probation, and any Juvenile offender under a Juvenile Court's jurisdiction, as prescribed in California Welfare and Institutions Code Section 602, as a result of committing an offense set forth in this chapter, Shall, in additional to any other penalties prescribed by Law, make restitution to the victim. The Parent or legal guardian having custody or control of the Juvenile offender Shall be jointly and severally liable for restitution to the victim with the Juvenile offender.

D. Community Service Requirement. Upon the conviction of any Person for the Application of Graffiti, the City May request the Court to order the Person to complete community service not to exceed one hundred twenty-five hours for the first conviction. Upon the second and subsequent conviction of any Person for the same offense, the City May request the Court to order the Person to complete community service not to exceed two hundred fifty hours.

E. Driving Privilege Suspension. In accordance with California Vehicle Code Section 13202.6, upon the conviction of any Person for the Application of Graffiti committed while the Person was thirteen Years of age or older in Violation of California Penal Code Section 594, the City May request the Court to suspend the Person's driving privilege for one Year.

If the Person convicted does not yet have the privilege to drive, the City May request that the Court Order the California Department of Motor Vehicles to delay issuing the privilege to drive for one Year subsequent to the time the Person becomes legally eligible to drive. For each successive offense, State Law requires that the Court suspend the Person's driving privilege for those possessing a Driver's license or delay the eligibility for those not in possession of a Driver's license at the time of their conviction for one additional Year.

F. Prosecution as Infraction. Notwithstanding any penalty provision provided in this Municipal Code, where the City Attorney or City Prosecutor (or in the case of a Notice to appear, the citing official) determines that such action would be in the interests of justice, the City Attorney or City Prosecutor May prosecute any such offense as an infraction. In the event a Notice to appear is prepared as a misdemeanor, the City Attorney or City Prosecutor May nonetheless prosecute any such offense as an infraction. Each and every Day that a Violation of this chapter is committed Shall be deemed a separate offense and Shall be punishable as herein provided.

G. Nothing in this chapter Shall prevent the City initiating civil, criminal or other legal or equitable proceedings as an alternative or in addition to the proceedings set forth in the administrative fine and penalty provisions of Chapter 8.12 of this Municipal Code.

(Ord. 0-07-06 § 1 (part), 2006)

(Ord. No. O-02-10, § 5, 8-3-2010)