Dana Point Municipal Code Art. 2 Graffiti

For the purposes of this Chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures, or places.

It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned structures located on public or privately owned property within the City.

The following regulation shall apply to the sale and possession of pressurized paint cans in the City:

(a) No person shall sell any pressurized can containing any substance commonly known as paint or dye to anyone under the age of 18 years and no person under the age of 18 years shall purchase any pressurized can containing paint or dye; and

(b) No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool, recreational facility, City right-of-way, street, alley, City building/facility, City bridge or tunnel, or any other area in the City. This Section shall not apply to authorized employees of the City of Dana Point, County of Orange, State of California, or any individual or authorized employee of any individual, agency, public utility, or company under contract with the City.

(Amended by Ord. 26-03, 3/17/2026)

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 24 hours after notice by the City or the public or private 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 18 years, the parent, parents or legal guardian shall be responsible for such removal or for the payment therefor;

(b) Whenever the Director of Community Development or Public Works determines that graffiti is located on public or privately owned structures on public or privately owned real property within the City, so as to be capable of being viewed by a person utilizing any public right-of-way in the City, the Director or designee is authorized to provide for the removal of said graffiti, and may seek 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 a more extensive area than necessary to remove said graffiti shall not be authorized;

(2) When a structure 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 which owns the structure, unless a reasonable attempt to contact the owner is unsuccessful, at which time the graffiti may be removed;

(3) Where a structure is privately owned, the removal of the graffiti by City or by a private contractor under the direction of the City, may be authorized only after securing the consent of the owner, unless a reasonable attempt to contact the owner is unsuccessful, at which time the graffiti may be removed.

(c) Graffiti located on privately or publicly owned structures on privately or publicly owned real property within the City, so as to be capable of being viewed by a person utilizing any public right-of-way in the City, may be removed by the City as a public nuisance. The City will endeavor to color match to the degree possible when removal activities are accomplished.

(Amended by Ord. 26-03, 3/17/2026)

Note: Former § 6.14.015, Rewards, was repealed by Ord. 26-03, 3/17/2026.

Nothing in this Article shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable Ordinances or State Law or correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

§ 6.14.107. through § 6.14.200. (Reserved)