Costa Mesa Municipal Code Ch. VII1 /2. Graffiti

The purpose of this chapter is to provide a program for the abatement of graffiti from public and private property to reduce blight and deterioration within the city, protect public safety, and for the expeditious removal of graffiti from structures on both public and private property. The city council finds and determines as follows:

(1) The increase of graffiti, on both public and private property, is creating a condition within the city which results in blight and deterioration of property values and of the comfortable enjoyment of life and property for adjacent and surrounding residents and owners, and contributes to the overall detriment of the city.

(2) Graffiti constitutes a public nuisance and a threat to public safety which must be abated to alleviate the detrimental impact of such graffiti on the city, and to prevent the further spread of graffiti.

(3) Certain categories of graffiti that incite violence are especially harmful and must be removed as quickly as possible to avoid or minimize harm to persons and the whole community.

(4) The city council strongly recommends that when a person is convicted of violating this chapter that the court impose a long community service sentence, in addition to any other penalties.

(5) The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All the provisions of this chapter are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

(Ord. No. 10-12, § 2, 10-19-10)

For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto:

Adhesive stickers

means any sheet of paper, fabric, plastic or other substance or material with an adhesive backing.

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 substances capable of being applied on public or private property in a manner that defaces the property.

Bona fide evidence of majority and identity

means any document evidencing or verifying the identity of an individual and that the individual is at least 18 years of age, 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 to a member of the armed forces.

City council

means the City Council of the City of Costa Mesa.

City manager

means the City Manager of the City of Costa Mesa or his/her designee.

Continuously viewable

means within line of sight of an employee or store manager at all times during business hours. Continuously viewable shall include viewable via closed circuit security cameras.

Director

means the Director of Public Services of the City of Costa Mesa or his/her designee.

Etching cream

means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying surfaces.

Etchers or etching tools

means any sharp or pointed instrument, device or other mechanism, including but not limited to, glass etchers, metal etchers, cutting and grinding instruments, awls, chisels, glass cutters, drill bits or any other instrument that is capable of 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.

Expense of abatement

includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a defendant and his or her parents or guardians in a graffiti abatement program, disbursed reward money, and the law enforcement costs incurred by the city in identifying and apprehending the person who created, caused, or committed the graffiti on the publicly or privately owned real or personal property within the city.

Graffiti

means any unauthorized inscription, word, figure, symbol, configuration of letters and/or numbers or design that is marked, written, etched, scratched, drawn, scribed, stained, stuck on, affixed or adhered to by any means whatsoever or painted on any surface of public or private real or personal property, including but not limited to, buildings, walls, windows, signs, structures, places, rocks, landscape materials, or other surfaces and/or the interior or exterior of any other structure, regardless of the nature of the material of which the surface is composed.

Graffiti implement

means an adhesive sticker, aerosol paint container, etching cream, etching tool, marking pen, a paint or graffiti stick, spray actuators, or other similar devices that may be used to scar or deface property.

Graffiti violations of law

are those violations referred to in Government Code section 38772(d)(3), Penal Code Sections 594, 594.1, 594.2, 594.3, 594.8, 640.5, 640.6, 640.7 and 640.8, and any violation of this chapter.

Marking pen

means any marker pen or any similar implement containing an ink, paint, or other pigmented liquid.

Not accessible to the public

means that such supplies must be (a) stored under lock and key, and only the store manager or his/her designee shall have access to the supplies, or (b) stored behind or under a store counter that is only accessible to authorized store personnel.

Paint stick or graffiti stick

means a device containing a solid form of paint, wax, epoxy, or other similar substance capable of leaving a visible mark on a surface.

Parent or guardian

means a parent with legal custody, guardian, conservator, or relative caregiver of the minor. "Relative caregiver" means a relative, as defined in section 6550(i) of the California Family Code, who assumed primary responsibility for the minor while the child was in the relative's care and control, and who is not a biological or adoptive parent.

Spray actuator (also known as a spray tip, nozzle, or button)

means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein.

(Ord. No. 10-12, § 2, 10-19-10)

(1) It is unlawful for any person to apply graffiti to any surface on any public or privately owned real or personal property within the city.

(2) It shall further be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet, or agree to aid or abet another person to plan to apply graffiti, including but not limited to, acting as a "lookout."

(Ord. No. 10-12, § 2, 10-19-10)

The application of graffiti by any person, pursuant to section 11-142 of this Code is declared to constitute a public nuisance which may be summarily abated.

(Ord. No. 10-12, § 2, 10-19-10)

(1) Implement possession. It is unlawful for any person to have in his or her possession any graffiti implement with the intent to apply graffiti, while upon public or private property.

(2) Implement possession by minors. It is unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement with the intent to apply graffiti, while upon public or private property.

(3) Sale of graffiti implements to minors. It is unlawful for any person, other than a parent or guardian, to knowingly sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to anyone under the age of 18 years.

(4) Proper identification presented prior to sale. No person shall sell any pressurized can containing paint or dye, marking pens, adhesive stickers, etchers or any other graffiti implement without first obtaining bona fide evidence of majority and identity from the purchaser.

(Ord. No. 10-12, § 2, 10-19-10)

(1) Restricted access. Aerosol paint containers and actuators shall not be accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such supplies.

(2) Continuously viewable implements.

(a) Every person who owns, conducts, operates or manages a retail commercial establishment selling paint sticks, marking pens, or etching creams shall store or cause such supplies to be stored in an area continuously viewable by store employees.

(b) Etching tools. Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bits, glass cutters, grinding stones, awls, chisels or carbide scribes, or other similar implement shall store or cause such items to be stored in an area continuously viewable by store employees.

(3) Customer signage. Every retail commercial establishment selling graffiti implements shall post a sign in clear public view at or near display of such products stating: "Pursuant to Penal Code section 594.1, Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid, tool, or device is guilty of a crime punishable by imprisonment of up to six months and/or a fine up to $1,000."

(4) Additional signage. Every retail commercial establishment selling graffiti implements shall place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Pursuant to Costa Mesa Municipal Code Title 11, section 11-143, selling Graffiti Implements to persons less than 18 years of age is against the law and punishable by six months in jail and/or a fine of $1,000."

(5) Merchandise inventory. Upon request of a Costa Mesa Police Officer or Code Enforcement Officer, any person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall provide copies of any merchandise inventory.

(Ord. No. 10-12, § 2, 10-19-10)

(1) Any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail, a one thousand dollar ($1,000.00) fine, or both such fine and imprisonment.

(2) In lieu of, or in addition to the penalties specified in this section, a minor or adult who is convicted of or pleads guilty or nolo contendere to graffiti violations shall be required to perform community service as described by the court, based on the following minimum requirements:

(a) The minor or adult shall perform not less than 40 hours of community service.

(b) The period of community service shall be performed under the supervision of a community service provider approved by the chief of police.

(c) Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult.

(Ord. No. 1012, § 2, 10-19-10)

(1) Pursuant to section 53069.5 of the Government Code, the city does hereby offer a reward of up to $2,000. The amount of the award to be determined by the police chief, for information leading to the arrest and conviction of any person for violation of Penal Code section 594 or section 11-142 of this Code, the use of graffiti, not to exceed one reward of $2,000 per violation. In the event of multiple contributors of information for a single violation, the reward amount shall be divided by the city in the manner deemed appropriate by the city police chief. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. The chief of police may award up to $500 to any person who provides credible information regarding any graffiti violation in the city, which leads to probable cause for an arrest of an individual(s).

(2) Claims for rewards under this section shall be filed, processed, and paid in accordance with procedures established by the police chief.

(3) The person convicted of committing the graffiti offense shall be liable for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the parent or guardian of the minor shall be jointly and severally liable for any rewards paid pursuant to this section.

(Ord. No. 10-12, § 2, 10-19-10)