Chapter 12A — GRAFFITI

Sec.12A-1. - Purpose.

The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city and to regulate the sale and possession of materials used in acts of graffiti.

The city council finds that graffiti is inconsistent with the city's aesthetic standards, and unless it is quickly removed from public and private properties, other properties soon become the target of graffiti. Graffiti on public and private properties encourages other acts of malicious vandalism, and depreciates the value of the adjacent and surrounding properties. Further, the city finds and determines that graffiti is obnoxious and a public nuisance. The existence of graffiti tends to breed community discontentment and criminal activity. The unlawful placement of graffiti on public and private properties is often committed by persons twenty- one (21) years of age and under using aerosol and pressurized containers of paint, broad-tipped markers and pens, and glass etching tools. The public's interest, convenience and necessity require the adoption and implementation of the provisions of this chapter.

(Ord. No. 397, § 1.)

Unless the context otherwise requires, the definitions in this section shall govern the construction of this chapter.

"Aerosol paint container" means any aerosol or pressurized container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other substance capable of defacing property.

"Glass etching tool" means any etching tool or glass cutter.

"Graffiti" means any unauthorized inscription, word, figure, character or design that is marked, etched, scratched, drawn or painted.

"Graffiti implement" means an aerosol paint container, indelible marker or a glass etching tool.

"Indelible marker pen" means any indelible marker, felt tip marker or similar implement containing non- water soluble fluid and has a flat, pointed or angled writing surface of one-eighth inch (⅛″) or greater.

"Minor" means a person under eighteen (18) years of age.

"Responsible adult" means a parent or legal guardian of a minor.

(Ord. No. 397, § 1.)

A.

It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, signs, sidewalks, and other personal property or paved surfaces located within the city.

B.

Any individual who is found guilty of violating this section shall pay restitution to the property owner or other person who is entitled to possession of the property upon which the graffiti was placed in addition to other authorized penalties. If the violator is a minor, the minor's responsible adult shall be responsible for payment of such restitution in the discretion of the court in a criminal proceeding involving the minor. "Restitution" as used herein, means the recovery, in accordance with state law, of all damages resulting from the placement of graffiti contrary to the provisions of this chapter, including, but not limited to, direct and indirect costs of the removal thereof.

(Ord. No. 397, § 1.)

Any person who defaces private or public property with graffiti shall be responsible to the property owner or person who is entitled to possession of the property for all damages occurring as a result of the placement of the graffiti, including, but not limited to, direct and indirect costs for the removal thereof. If graffiti is removed by the city, all costs of such removal, direct and indirect, shall be recoverable from the person who caused the graffiti. The obligations imposed pursuant to this section shall be enforceable as a civil debt.

(Ord. No. 397, § 1.)

It is unlawful for any person, other than a responsible adult, or a school teacher for purposes of instruction, to knowingly sell, exchange, give, loan or in any way furnish to any minor a graffiti implement, except on the premises of a lawful business and when used for the purposes of that business.

(Ord. No. 397, § 1.)

It is unlawful for any minor to have in his or her possession a graffiti implement while upon public or private property without the consent of the owner, lessee or operator of such property.

(Ord. No. 397, § 1.)

A.

Any act of wilful misconduct of a minor which results in the placement of graffiti shall be imputed to the minor's responsible adult for all purposes of civil damages, including all attorney's fees and court costs incurred in connection with the civil prosecution of any such claim for damages. The responsible adult shall be jointly and severally liable with the minor for all damage, not to exceed ten thousand dollars ($10,000.00) for each chargeable act of the minor.

B.

This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to Civil Code Section 1714.1, Government Code Section 53069.5, Penal Code Section 640.5 or any other applicable provision of law.

(Ord. No. 397, § 1.)

It is unlawful for any person twenty-one (21) years of age or younger to have in his or her possession a graffiti implement while in any public street, park, playground, swimming pool, recreational facility or other public place. The provision of this section shall not apply to an authorized employee of the city, a public agency, or private utility, or an authorized employee of a person under contract with the city, a public agency, or private utility in the performance of official duties that necessitate the use of a graffiti implement.

(Ord. No. 397, § 1.)

Notwithstanding any other provision of this chapter, it shall be lawful for any person to possess a graffiti implement while the person is attending, or traveling to or from a school at which such person is enrolled, if the person is participating in a class at such school, which has, as a class requirement, the need to use such a graffiti implement.

(Ord. No. 397, § 1.)

The city council may authorize the offer of rewards for information leading to the arrest and conviction of any person for a violation of any provision of this chapter. The amount of any such reward and the procedures for claiming the reward shall be established, from time to time, by the city council.

(Ord. No. 397, § 1.)

It is declared that the existence of graffiti on any building, structure, fence or landscaping is a public nuisance, and shall be abated as such as provided in this Code.

(Ord. No. 397, § 1.)

This city council has determined that the continued existence of graffiti on buildings, structures, fences or landscaping within the city is obnoxious and a nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences, landscaping or other surfaces. The prompt removal of graffiti is necessary to prevent the proliferation of graffiti. Accordingly, the city may use city funds to remove graffiti from publicly or privately owned real property within the city. At the city's discretion, such removal may be performed, only after a finding by the city or county that the graffiti or other inscribed material is obnoxious, and, in the case of a publicly owned structure, only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner.

(Ord. No. 397, § 1.)