Compton Municipal Code § 7-3 Graffiti Prevention, Prohibition and Removal

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1578.

[Ord. #1968, § 1]

GRAFFITI

Shall mean any unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component or any building structure, or other facility regardless of the nature of the material of that structural component.

GRAFFITI IMPLEMENT

Shall mean a marking pen with a tip exceeding four millimeters in width containing anything other than a solution which can be removed with water after it dries; a paint stick; any spray container containing any fluid which will leave a permanent mark after it dries; other than an aerosol container of paint; or a deodorant stick, or a deodorant roll-on, which has been modified with an opaque colorant.

LOT

Shall mean a lot, parcel, tract, premises or piece of land, improved or unimproved, in the City.

OWNER

As used in this section, shall mean any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal interest in the premises.

POSTED

Shall mean a sign placed in a reasonable location or locations stating it is a misdemeanor to possess a graffiti implement in such public facility, park, playground, swimming pool, or recreational area without valid authorization.

PUBLIC AND PRIVATE PROPERTY

Shall mean and include, but is not limited to, block and wood fences, garages, single and multiple dwellings, office buildings and stores.

[Ord. #1968, § 1]

Pursuant to California Government Code § 38771, the City Council hereby declares the maintenance of graffiti visible from a public street or alley to constitute a nuisance, the abatement of which shall be provided as set forth within.

[Ord. #1968, § 1]

It shall be the duty of both the owner of the lot and any person who may be in possession or who has a right to such possession, to at all times keep such lot clean and free from graffiti.

[Ord. #1968, § 1]

No person shall paint, mar or use other liquid substances to maliciously deface any public property. Nor shall any person maliciously deface privately owned property by use of paint or other liquid substance, whether such property be occupied, vacated or abandoned, without consent of the owner of such property or the person with right of possession.

[Ord. #1968, § 1]

a. Sale or Purchase of Spray Paint. It is unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint, dye, or other liquid substance as defined above to anyone under the age of 18 years. It is unlawful for anyone under the age of 18 years to purchase any pressurized can containing paint or dye.

b. Possession of Spray Paint by Minors. It is unlawful for any person under the age of 18 to have in his possession any pressurized can containing any substance commonly known as paint, dye or other liquid substance, as defined above, while on any public highway, street, alley or way, park, playground, swimming pool or other public place whether such person is or is not in any automobile, vehicle or other conveyance.

[Ord. #1968, § 1]

Any business or establishment offering for sale to the public aerosol paint containers shall keep, maintain and store such aerosol paint containers in a place that is locked and secure or otherwise made unavailable to the public.

[Ord. #1968, § 1]

It is unlawful for any person to have in his possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool, recreation facility (other than a highway, street, alley or way), except authorized employees of the City of Compton or an individual or company under contract with the City of Compton.

[Ord. #1968, § 1]

It is unlawful for any person to carry on his or her person and in plain view to the public a graffiti implement while in any posted public facility, park, playground, swimming pool or recreational area, other than a highway, street, alley or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area.

[Ord. #1968, § 1]

It is unlawful for any person under the age of 18 years to possess a graffiti implement for the purpose of defacing property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is in any automobile, vehicle, or other conveyance.

[Ord. #1968, § 1]

Any person applying graffiti on City-owned property or within the unincorporated area of the City shall have the duty to remove same within 24 hours after notice by the City or the private owner of the property involved. The removal shall be done in a manner prescribed by the designated agent of the City Manager and may be deemed by the City to satisfy any payment or penalty that might otherwise be imposed.

[Ord. #1968, § 1]

a. Pursuant to Section 1714.1 of the California Civil Code(b) , every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with the minor for such damages not to exceed $10,000 for each act of defacement. In addition, such parent or legal guardian shall be jointly and severally responsible for any fine, restitution and/or community service imposed resulting from liability.

b. Any parent or guardian found liable for this offense shall perform 20 hours of community service per count which shall be determined by the City of Compton. Any minor found liable for this offense shall perform 40 hours of community service per count which shall be determined by the City of Compton. All community service hours shall be in addition to, and/or include, any fines and/or restitution imposed.

[Ord. #1968, § 1]

If there is graffiti on private property of a business that is visible from the street, upon written notice, the property owner, or individual in possession of the property, has 24 hours to remove the graffiti at the property owner's expense. In the event the graffiti is not removed or otherwise eliminated or abated by the date specified in the notice, the City, or its contractor, may enter upon the parcel and remove the graffiti.

[Ord. #1968, § 1]

If there is graffiti on the private property of a residence that is visible from the street, upon written notice, the property owner, or individual in possession of the property, has 72 hours to remove the graffiti at the property owner's expense. In the event the graffiti is not removed or otherwise eliminated or abated by the date specified in the notice or posting, the City, or its contractor, may enter upon the parcel and remove the graffiti.

a. If the graffiti abatement is performed by a City department, the City shall bill the owner for the cost of removal, or other elimination or abatement of the nuisance, including administrative costs. An itemized report showing the date and cost of abatement work done by the City together with a proposed assessment with respect to the parcel involved, shall be submitted to the department. Payment for the cost of abatement and recovery of the cost from the property owner shall be pursuant to Subsection 7-1.7 and § 7-20 of this Code.

b. The aforementioned abatement procedures are in addition to any other remedy the department may choose to pursue to eliminate the nuisance conditions.

c. If at the time of removal of the graffiti the owner or occupants object, then the City will immediately obtain the necessary consent, warrants, or court order prior to completion of the graffiti removal. This section should not be administered in any way that would violate the constitutional rights of any person.

[Ord. #1968, § 1]

The City may appropriate money from the General Fund to be used to remove graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within the City.

[Ord. #1968, § 1]

The funds authorized by the provisions of Subsection 7-3.8 shall be used only for the removal of the graffiti or other inscribed material itself and not for the painting or repair of a more extensive area.

[Ord. #1968, § 1]

The removal of graffiti may be performed only after a finding by the City 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 owner.

Failure of any person to remove the graffiti or to pay for its removal shall constitute an additional violation of this Chapter. Every person who defaces property by inscribing graffiti thereon shall be liable for any resulting damages incurred by the property owner in an amount not to exceed $10,000 for each such act of defacement.

[Ord. #1968, § 1]

The remedies provided in this Chapter are in addition to other remedies and penalties available under the Compton Municipal Code and the laws of the State of California.

[Ord. #1968, § 1]

Any violation of the foregoing sections shall be a misdemeanor, punishable by fine or imprisonment or both as set out in Chapter 1, § 1-6.